Loading...
HomeMy WebLinkAbout2004-028 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004 - 028 being a by-law to authorize the execution of a settlement with St. Marys Cement pertaining to their 2001/2002/2003 assessment appeals THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporate Seal, a settlement with St. Marys Cement pertaining to their 2001/2002/2003 assessment appeals; and 2, THAT the agreement attached hereto as Schedule "A" form part of this By-law, By-law read a first and second time this 19th day of January, 2004 By-law read a third time and finally passed this 19th day of January, 2004 JOh0::~~ . - , MuniCi.&al CLerk;"::. THIS MEMORANDUM OF SETTLEMENT made as of the 19th day of January, 2004 BETWEEN: ST. MARYS CEMENT (CANADA) INC. (collectively refereed to hereinafter as"St. Malys") OF THE FIRST PART - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON, ( referred to hereinafter as "Clarington") OF THE SECOND PART - and - MUNICIPAL, PROPERTY ASSESSMENT CORPORATION (referred to hereinafter as"MPAC") OF THE THIRD PART MEMORANDUM OF SETTLEMENT WHEREAS St. Marys is the registered owner of the land and premises represented by assessment roll numbers 18 17 010 020 004 00 0000 and 18 17 010 020 066 80 0000 which are more particularly described in Schedule A hereto ("the St. Marys Lands"); AND WHEREAS appeals of the assessment of the St. Marys Lands are pending before the Assessment Review Board ("ARB") for taxation years 2001 2002 and 2003, inclusive; AND WHEREAS the parties to this Memorandum of Settlement have agreed to resolve the said assessment appeals and wish to set out the terms of the settlement; 2 AND WHEREAS at its meeting on January 19, 2004,Clarington's Council passed By-Law No. 2004-028 which authorized the Mayor and Clerk to execute this Memorandum of Settlement on behalf of Clarington; NOW THEREFORE in consideration of the mutual covenants contained herein, each of the parties to this Memorandum of Settlement covenants and agrees with each of the other parties hereto, as follows: 1. The assessment of the St.Marys Lands for taxation years 2001 and 2002 shall be in the total assessed value of$48,989,000, and partitioned by tax class as follows: Large Industrial (LT) - $ 41,151,631 Commercial Taxable (CT) - $ 2,495,949 Residential Taxable (RT) - $ 5,341,420 2. MPAC shall prepare and circulate Minutes of Settlement in accordance with paragraph 1 hereof for execution by the parties and filing with the ARB forthwith after this Memorandum of Settlement comes into force and effect. 3. St. Marys shall withdraw its Motion scheduled to be heard by the ARB on January 26,2004 forthwith upon being notified by Clarington of the execution of this Memorandum of Settlement by Clarington. 4. For the taxation year 2003,St. Marys shall withdraw any and all assessment appeals made in respect of the St. Marys Lands, such that the assessment as returned by MPAC on the assessment roll shall be binding on the parties and in full force and effect. 5. For the 2004 taxation year, St. Marys and Clarington: (a) accept MPAC's valuation of the wharves,dolphins and other docking facilities in the amount of$3,587,000 in connection with the deep-water shipping port("the Docking Facilities") and shall not contest such valuation of the Docking Facilities in any appeal proceedings; (b) shall not pursue a complaint or appeal to the ARB nor take any court proceedings in connection with the assessment of the St. Marys Lands unless: (i) the apportionment of the assessment is not reflective of Ontario Regulation 282198 and/or MPAC guidelines in connection therewith, or 3 one or more components of the assessment are materially different than their treatment by MPAC for the 2003, and to clarify the intention of the parties, "materially different" does not apply to MPAC's valuation of the Docking Facilities. 6. St.Marys and Clarington agree to use their best efforts to act cooperatively and in good faith and to execute all necessary documents required to fully implement this Memorandum of Settlement. T This Memorandum of Settlement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 8. If any notice or other document is required to be or maybe given by either party hereto to the other under this Memorandum of Settlement, such notice shall be transmitted by telefax or mailed by prepaid post or delivered to: To: St. Marys St. Marys Cement (Canada) Inc. 400 Waverley Road South Bowmanville, Ontario LIC 3L3 Attention: Austin MacMurdo, C.E.T. Lands Manager Facsimile: 905-623-4695 To: Clarington The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 Attention: Ms. Nancy Taylor Director of Finance/Treasurer Facsimile: (905) 623-4169 To: MPAC Municipal Property Assessment Corporation 1305 Pickering Parkway, P Floor Pickering, Ontario I1V 3P2 Attention: Mr. Bob Richards President and CAO Facsimile: 905-831-0040 4 or such other telefax number or address of which either party has notified the other party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this Memorandum of Settlement and if telefaxed or delivered prior to 4:30 p.m. on anybusiness day(excluding Saturdays,Sundays and statutory holidays)shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have been received on the third business day(excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. 9. Time shall be of the essence of every provision in this Memorandum of Settlement in all respects. 10. This Memorandum of Settlement shall be executed in counterparts by the parties hereto. Executed at Clarington, Ontario this 20 day of January , 2004. ST. MARYS CEMENT (CANADA) INC. Per: Authorized Signing Officer Per: Authorized Signing Officer We have the authority to bind the Corporation. Executed at Clarington, Ontario this day of , 2004. 5 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: John u ayor Per: P tti L me, erk We have the authority to bind the Corporation Executed at Pickering, Ontario this day of , 2004. MUNICIPALITY PROPERTY ASSESSMENT CORPORATION Per: Authorized Signing Officer Per: Authorized Signing Officer We have the authority to bind the Corporation R kFILES',0100981NtSS'agfc<nwnt 08.wpd