SETTLEMENT AGREEMENT
Exhibit 10.1
EXECUTION COPY
This SETTLEMENT AGREEMENT, dated as of the 13th day of December, 2006 (the “Agreement”) settles real property tax assessments and litigation concerning the Bowline and Xxxxxx electric generating facilities (and certain properties adjacent thereto) and is by and among the TOWN OF HAVERSTRAW, a body corporate and politic existing under the laws of the State of New York, with an office at 0 Xxxxxx Xxxx, Xxxxxxxxxxx, Xxx Xxxx (“Haverstraw”), the VILLAGE OF HAVERSTRAW, a body corporate and politic existing under the laws of the State of New York, with an office at 00 Xxx Xxxx Xxxxxx, Xxxxxxxxxx, Xxx Xxxx (“Haverstraw Village”), the VILLAGE OF WEST HAVERSTRAW, a body corporate and politic existing under the laws of the State of New York, with an office at 000 Xxxxxxxxxx Xxx, Xxxx Xxxxxxxxxx, Xxx Xxxx (“West Haverstraw Village”), the HAVERSTRAW-STONY POINT CENTRAL SCHOOL DISTRICT, a central school district of the State of New York, with an office at 00 Xxxxxx Xxxxxx, Xxxxxxxxxxx, Xxx Xxxx (the “School District”), the COUNTY OF ROCKLAND, a body corporate and politic existing under the laws of the State of New York, with an office at 00 Xxx Xxxxxxxxx Xxxx, Xxx Xxxx, Xxx Xxxx (the “County” and, collectively with Haverstraw, Haverstraw Village, West Haverstraw Village, and the School District, the “Bowline Tax Jurisdictions”), the TOWN OF STONY POINT, a body corporate and politic existing under the laws of the State of New York, with an office at 00 Xxxx Xxxx Xxxxxx, Xxxxx Xxxxx, Xxx Xxxx (“Stony Point”, and together with the School District and the County, the “Xxxxxx Tax Jurisdictions”) (the Xxxxxx Tax Jurisdictions and the Bowline Tax Jurisdictions are referred to herein as the “Tax Jurisdictions”, or in the singular, a “Tax Jurisdiction”), MIRANT BOWLINE, LLC, a limited liability company duly organized and validly existing under the laws of the State of Delaware and authorized to do business in the State of New York, with an office at 000 Xxxxxxxxxx Xxxxxx, Xxxx Xxxxxxxxxx, Xxx Xxxx (“Mirant Bowline”), MIRANT XXXXXX, LLC, a limited liability company duly organized and validly existing under the laws of the State of Delaware and authorized to do business in the State of New York, with an office at 00 Xxx Xxxxxx, Xxxxxxxx Xxxx, Xxx Xxxx (“Mirant Xxxxxx”), MIRANT NEW YORK, INC., a corporation duly organized and validly existing under the laws of the State of Delaware, with an office at 000 Xxxxxxxxxx Xxxxxx, Xxxx Xxxxxxxxxx, Xxx Xxxx (“Mirant New York”), XXXXXX VALLEY GAS CORPORATION, a corporation duly organized and validly existing under the laws of the State of New York, with an office at 000 Xxxxxxxxxx Xxxxxx, Xxxx Xxxxxxxxxx, Xxx Xxxx (“HVG”, and together with Mirant Bowline, Mirant Xxxxxx, and Mirant New York, the “New York Companies”, or in the singular, a “New York Company”), and MIRANT CORPORATION, a corporation duly organized and validly existing under the laws of the State of Delaware, with an office at 0000 Xxxxxxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx (“Mirant” and, collectively with the New York Companies, the “Mirant Parties”) (the Tax Jurisdictions and the Mirant Parties are referred to herein as the “Parties”).
RECITALS:
X. Xxxxxxx Facility Recitals
WHEREAS, Orange and Rockland Utilities, Inc. (“O & R”) commenced certain tax certiorari proceedings in the Supreme Court of the State of New York, County of Rockland (the “New York Court”), pursuant to Article 7 of the New York Real Property Tax Law (“RPTL”) to review the assessments on certain of its real properties located in Haverstraw as set forth on the 1995, 1996, 1997, and 1998 final assessment rolls of Haverstraw (the “1995 – 1998 Haverstraw Proceedings”); and
WHEREAS, Southern Energy Bowline, LLC (which is now known as Mirant Bowline, LLC following a name change) or its predecessor subsequently purchased from O & R some of the property subject to the petitions in the 1995 – 1998 Haverstraw Proceedings, which properties are identified on Exhibit “A” attached hereto, and are known commonly as the Bowline Electric Generating Facility (the “Bowline Facility”); and
WHEREAS, by Order of the New York Court dated November 10, 2000, Southern Energy Bowline, LLC was permitted to intervene as a petitioner in the 1995 – 1998 Haverstraw Proceedings; and
WHEREAS, by Stipulation and Order of the New York Court dated May 19, 2004, O & R’s claims with respect to the assessments of its properties (transmission and distribution properties) not identified on Exhibit “A” attached hereto were severed from the 1995 – 1998 Haverstraw Proceedings and made the subject of separate proceedings that are not the subject of this Agreement; and
WHEREAS, similar proceedings in relation to the assessments of the Bowline Facility were commenced by Southern Energy Bowline, LLC in connection with the 1999 and 2000 final assessment rolls of Haverstraw (the “1999 – 2000 Haverstraw Proceedings”); and
WHEREAS, Mirant Bowline and Mirant New York represent that O & R no longer has an interest in the 1995 – 1998 Haverstraw Proceedings or the 1999 – 2000 Haverstraw Proceedings relating to the tax parcels identified on Exhibit ”A” attached hereto; and
WHEREAS, similar proceedings in relation to the assessments of the Bowline Facility were commenced by certain of the New York Companies in connection with the 2001, 2002, and 2003 final assessment rolls of Haverstraw (the “2001 – 2003 Haverstraw Proceedings”), and the 2004, 2005, and 2006 final assessment rolls of Haverstraw (the “2004 – 2006 Haverstraw Proceedings”); and
WHEREAS, by Decision and Order of the New York Court dated November 24, 2004, Mirant Bowline was substituted for Southern Energy Bowline, LLC in the 1999 – 2000 Haverstraw Proceedings, and further permitted to be added as a named petitioner in the 2001 – 2003 Haverstraw Proceedings; and
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WHEREAS, by Stipulation and Order of the New York Court, the 1995 – 1998 Haverstraw Proceedings, the 1999 – 2000 Haverstraw Proceedings and the 2001 – 2003 Haverstraw Proceedings (collectively, the “1995 – 2003 Haverstraw Proceedings”) were joined for purposes of trial; and
WHEREAS, by order dated July 6, 2004, the New York Court dismissed on procedural grounds the portion of the 1995 – 1998 Haverstraw Proceedings concerning the 1996 final assessment roll; and
WHEREAS, the 1995 – 2003 Haverstraw Proceedings have been fully tried; and
WHEREAS, the New York Court issued a Decision and Order, dated August 11, 2006, and entered on August 16, 2006, regarding the 1995 – 2003 Haverstraw Proceedings (excluding the 1996 final assessment roll of Haverstraw) (the “Haverstraw Decision”); and
WHEREAS, the New York Court issued a “Resettled Order and Judgment,” dated September 18, 2006, and entered on September 21, 2006, regarding the 1995 – 2003 Haverstraw Proceedings (the “Haverstraw Resettled Order”); and
WHEREAS, the Bowline Tax Jurisdictions and Mirant Bowline, Mirant New York and Mirant have reached agreement to: (a) withdraw all pending appeals arising from or related to the 1995 – 2003 Haverstraw Proceedings, the Haverstraw Decision, and the Haverstraw Resettled Order, (b) apply the revised 2003 assessed values determined for the Bowline Facility in the Haverstraw Decision and the Haverstraw Resettled Order to the 2004 and 2005 final assessment rolls of Haverstraw pursuant to RPTL § 727, and (c) use the 2003 market value determined for the Bowline Facility in the Haverstraw Decision and the Haverstraw Resettled Order for purposes of the 2006 final assessment rolls for the Bowline Facility; and
X. Xxxxxx Facility Recitals
WHEREAS, Southern Energy Xxxxxx, LLC (which is now known as Mirant Xxxxxx, LLC following a name change) commenced certain tax certiorari proceedings in the New York Court pursuant to Article 7 of the RPTL to review the assessments on certain of its real properties, identified on Exhibit “B” attached hereto and collectively referred to as the Xxxxxx Electric Generating Facility (the “Xxxxxx Facility”), located in Stony Point as set forth on the 2000 final assessment roll of Stony Point (the “2000 Stony Point Proceeding”); and
WHEREAS, similar proceedings in relation to the assessments of the Xxxxxx Facility were commenced by certain of the New York Companies in connection with the 2001, 2002, and 2003 final assessment rolls of Stony Point (the “2001 – 2003 Stony Point Proceedings”); and
WHEREAS, similar proceedings in relation to the assessments of the Xxxxxx Facility were commenced by certain of the New York Companies in connection with the 2004, 2005, and 2006 final assessment rolls of Stony Point (the “2004 – 2006 Stony Point Proceedings”); and
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WHEREAS, by Decision and Order of the New York Court dated May 16, 2005, Mirant Xxxxxx was substituted for Southern Energy Xxxxxx, LLC in the 0000 Xxxxx Xxxxx Proceeding, and further permitted to be added as a named petitioner in the 2001 – 2003 Stony Point Proceedings; and
WHEREAS, by Stipulation and Order of the New York Court, the 2000 Stony Point Proceeding and the 2001 – 2003 Stony Point Proceedings (together, the “2000 – 2003 Stony Point Proceedings”) were joined for purposes of trial; and
WHEREAS, the 2000 – 2003 Stony Point Proceedings have been fully tried; and
WHEREAS, the New York Court issued a Decision and Order, dated August 28, 2006, and entered on August 31, 2006, regarding the 2000 – 2003 Stony Point Proceedings (the “Stony Point Decision”); and
WHEREAS, the New York Court issued a “Resettled Order and Judgment,” dated September 18, 2006, and entered on September 21, 2006, regarding the 2000 – 2003 Stony Point Proceedings (the “Stony Point Resettled Order”); and
WHEREAS, the Xxxxxx Tax Jurisdictions and Mirant Xxxxxx, Mirant New York and Mirant have reached agreement to withdraw all pending appeals arising from or related to the 2000 – 2003 Stony Point Proceedings, the Stony Point Decision, and the Stony Point Resettled Order, and apply the assessed values determined for the Xxxxxx Facility in the Stony Point Decision and the Stony Point Resettled Order to the 2004, 2005, and 2006 final assessment rolls of Stony Point pursuant to RPTL § 727; and
X. Xxxxxx Valley Gas Recitals
WHEREAS, HVG is the owner of a twenty-four inch natural gas pipeline (“HVG Property”), as more fully identified on Exhibit “C”; and
WHEREAS, certain of the New York Companies challenged the assessments of the HVG Property relative to the Haverstraw 2003 final assessment roll, as part of the 2003 Haverstraw Proceeding; and
WHEREAS, the Bowline Tax Jurisdictions and certain of the New York Companies agreed to dismiss the challenge of said assessments on the HVG Property at the trial of the 1995-2003 Haverstraw Proceedings; and
WHEREAS, certain of the New York Companies challenged the assessments of the HVG Property relative to the Haverstraw 2004, 2005, and 2006 final assessment rolls, as part of the 2004 – 2006 Haverstraw Proceedings, and those challenges remain unresolved; and
WHEREAS, the Bowline Tax Jurisdictions and Mirant Bowline, Mirant New York, HVG, and Mirant have reached agreement for the 2004, 2005, and 2006 final assessment rolls of Haverstraw for the HVG Property; and
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D. Village Recitals
WHEREAS, O & R commenced similar tax certiorari proceedings in the New York Court to review the assessments on certain of its real properties located in West Haverstraw Village as set forth on the 1996, 1997, 1998 and 1999 final assessment rolls of West Haverstraw Village (the “1996 – 1999 West Haverstraw Village Proceedings”); and
WHEREAS, Southern Energy Bowline, LLC or its predecessor subsequently purchased from O & R the property that was the subject of the petitions in the 1996 – 1999 West Haverstraw Village Proceedings, which property is identified in Exhibit “A” attached hereto as tax map parcel number 600.00-324; and
WHEREAS, Mirant Bowline represents that O & R no longer has an interest in the 1996 – 1999 West Haverstraw Village Proceedings relating to the tax parcels (in whole or in part) identified on Exhibit “A”; and
WHEREAS, tax certiorari proceedings were commenced by Mirant New York in the New York Court to review the assessments on certain of its real properties located in West Haverstraw Village as set forth on the 2001 and 2002 final assessment rolls of West Haverstraw Village (the “2001 – 2002 West Haverstraw Village Proceedings” and together with the 1996 – 1999 West Haverstraw Village Proceedings, the “West Haverstraw Village Proceedings”); and
WHEREAS, in the year 0000, Xxxx Xxxxxxxxxx Xxxxxxx ceased to be an assessing unit and became a levying unit only, thereafter applying the prior year final assessment rolls of Haverstraw to levy its taxes; and
WHEREAS, certain of the New York Companies commenced similar tax certiorari proceedings in the New York Court to review the assessments on one of their real properties located in Haverstraw Village as set forth on the 2001, 2002, 2003, 2004, 2005, and 2006 final assessment rolls of Haverstraw Village (the “Haverstraw Village Proceedings”, and together with the West Haverstraw Village Proceedings, the “Village Proceedings”); and
E. Bankruptcy Recitals
WHEREAS, commencing on July 14, 2003, and continuing on various dates thereafter, MC 2005, LLC (which was named Mirant Corporation prior to January 3, 2006) (“Old Mirant”), along with more than seventy (70) domestic affiliates, including the New York Companies (collectively, the “Debtors”), filed bankruptcy petitions pursuant to Chapter 11 of title 11, United States Code (the “Bankruptcy Code”), in the United States Bankruptcy Court for the Northern District of Texas (the “Bankruptcy Court”) (jointly administered under Case Number 03-46950-DML (the “Bankruptcy Cases”)); and
WHEREAS, on September 30, 2003, the Debtors filed in the Bankruptcy Cases their Motion Pursuant to 11 U.S.C. §§ 105(a) and 505(a) for the Determination of Tax Liability, whereby the Debtors requested the Bankruptcy Court to determine the amount of property tax liability and
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property tax refund with respect to the Bowline Facility and the Xxxxxx Facility [Docket No. 1035] (the “505 Motion”); and
WHEREAS, Haverstraw, Stony Point, the County, and the School District opposed the relief requested in the 505 Motion and asserted, inter alia, that the Bankruptcy Court lacked subject matter jurisdiction to determine the tax liability that is the subject of the 505 Motion; and
WHEREAS, on December 16, 2003, the County filed Proof of Claim No. 7117 against Mirant Bowline, Proof of Claim No. 7118 against Mirant New York, and Proof of Claim No. 7119 against Mirant Xxxxxx (the “County Claims”) asserting contingent claims for amounts the County would be obligated to pay to certain other taxing authorities if Mirant Bowline, Mirant Xxxxxx and/or Mirant New York failed to pay the real property taxes with respect to the Bowline Facility or the Xxxxxx Facility. The County also filed Proof of Claim No. 7108 against Mirant NY-Gen, LLC, which was subsequently withdrawn. The County also filed Proof of Claim No. 6663 against Mirant Bowline and Proof of Claim No. 6665 against Old Mirant seeking amounts owing for fire retardant services provided by the County, and Proof of Claim No. 6664 against Mirant Bowline relating to an environmental settlement (collectively, the “Non-Tax Claims”); and
WHEREAS, on January 9, 2004, the Bankruptcy Court entered its Order Regarding Motions to Dismiss and/or Abstain from Hearing Debtors’ Motion Pursuant to 11 U.S.C. §§ 105(a) and 505(a) for a Determination of Tax Liability [Docket No. 2463], pursuant to which the Bankruptcy Court abstained from hearing and ruling on the tax issues that were the subject of the 1995 – 2003 Haverstraw Proceedings and the 2000 – 2003 Stony Point Proceedings in favor of the New York Court; and
WHEREAS, on January 12, 2004, the School District filed the following proofs of claim (the “School District Claims”) asserting amounts owing for taxes and/or penalties: (a) Proof of Claim No. 7624 against Mirant Xxxxxx, (b) Proof of Claim No. 7627 against Mirant Bowline, (c) Proof of Claim No. 7628 against Mirant New York, and (d) Proof of Claim No. 7629 against Old Mirant; and
WHEREAS, on October 18, 2004, the Debtors filed in the Bankruptcy Cases their Consolidated Omnibus Objection to Proofs of Claim Filed by the County of Rockland and the Haverstraw-Stony Point Central School District (Proofs of Claim Nos. 7117-7119 & Claim Nos. 7624, 7627-7629) [Docket No. 5929] (the “Claim Objection”), wherein the Debtors sought the entry of an order disallowing the County Claims and the School District Claims; and
WHEREAS, on January 3, 2005, the Debtors filed in the Bankruptcy Cases their Application Pursuant to 11 U.S.C. § 502(c), Fed. R. Bank. P. 3007, Fed. R. Civ. P. 42(a) and the Claims Estimation Procedures for (i) the Estimation of Proofs of Claim Filed by the County of Rockland and the Haverstraw-Stony Point Central School District and (ii) the Consolidation of the Debtors’ Application with the Debtors’ Claim Objections (Proofs of Claim Nos. 7117-7119 & Claim Nos. 7624, 7627-7629) [Docket No. 7551] (the “Estimation Application”); and
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WHEREAS, on January 19, 2005, the Bankruptcy Court adjourned the hearings on the Claim Objection and the Estimation Application to allow the New York Court to address the 1995 – 2003 Haverstraw Proceedings and the 2000 – 2003 Stony Point Proceedings; and
WHEREAS, subsequent to the commencement of the Bankruptcy Cases, the New York Companies did not pay any real property taxes levied against: (a) the Bowline Facility and the HVG Property by Haverstraw, any involved special districts, the County, the County of Rockland Solid Waste Management Authority (the “County Solid Waste Authority”), or the School District with respect to each of the 2003, 2004, 2005, and 2006 final assessment rolls of Haverstraw (excluding the 2003-2004 School District taxes, 0000 Xxxxxxxxxx, County, and special district taxes for the HVG Property, and excluding January 2007 Taxes, as defined herein at Section 4(f)), (b) the Bowline Facility and the HVG Property by West Haverstraw Village with respect to each of the 2003, 2004, and 2005 final assessment rolls of Haverstraw, (c) the Bowline Facility by Haverstraw Village, with respect to each of the 2004, 2005, and 2006 final assessment rolls of Haverstraw Village, and (d) the Xxxxxx Facility by Stony Point, any involved special districts, the County, the County Solid Waste Authority, or the School District with respect to each of the 2003, 2004, 2005, and 2006 final assessment rolls of Stony Point (excluding January 2007 Taxes as defined herein at Section 4(f)) (collectively, “Unpaid Real Property Taxes”); and
WHEREAS, pursuant to an order dated December 9, 2005 [Docket No. 12569] (the “Confirmation Order”), the Bankruptcy Court confirmed the Amended and Restated Second Amended Joint Chapter 11 Plan of Reorganization for Mirant Corporation and its Affiliated Debtors (the “Plan”) with respect to each of the Debtors other than the New York Companies and Mirant NY-Gen, LLC. The effective date of the Plan was January 3, 2006. Pursuant to Article VII, Section 8.2(a) of the Plan, Old Mirant transferred substantially all of its assets to Mirant, including the claims of Old Mirant related to and being compromised by this Agreement; and
WHEREAS, on October 3, 2006, the County filed in the Bankruptcy Cases its Motion to Compel Payment of Postpetition Taxes Filed by Interested Party County of Rockland [Docket No. 14670] (the “Contested Matter”) seeking immediate payment of approximately $111 million in unpaid taxes, interest and penalties as of November 1, 2006. The foregoing aggregate amount is comprised of approximately $82.8 million in past-due taxes and approximately $28.1 million of penalties and interest with respect to such past-due taxes, and does not include taxes, interest and penalties related to the HVG Property. Mirant Bowline, Mirant Xxxxxx, Mirant New York, and Mirant opposed the Contested Matter on the grounds, inter alia, that refunds were owed in excess of the taxes owed to the County and that the taxes remained contingent and unliquidated; and
WHEREAS, on October 5, 2006, Mirant New York, Mirant Bowline, Mirant Xxxxxx, and Mirant commenced the proceeding in the Bankruptcy Court styled Mirant Corporation, et al. v. Town of Haverstraw, et al., Adversary Number 06-04202-DML (the “Adversary Proceeding” and together with the 505 Motion, the Estimation Application, and the Claim Objection, the “Bankruptcy Litigation”), asking the Bankruptcy Court to determine, among other things: (a) the taxes for the Bowline Facility and the Xxxxxx Facility from 2004 – 2006, (b) that Mirant Bowline and Mirant Xxxxxx are not required to pay taxes owing for the Bowline Facility and the Xxxxxx Facility until all refunds owing to Mirant Bowline and Mirant Xxxxxx have been credited,
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(c) whether interest was owing on the Unpaid Real Property Taxes, (d) that RPTL § 727 did not apply to the Adversary Proceeding, and (e) the Tax Jurisdictions are not entitled to postpetition penalties or interest. The Unpaid Real Property Taxes levied against the HVG Property were not addressed in the Adversary Proceeding; and
WHEREAS, upon payment of or offset for all Refunds (as defined below in Section 3 of this Agreement) by the Tax Jurisdictions and payment of or offset for all Back Taxes (as defined below in Section 4 of this Agreement) by the New York Companies in accordance with the terms of this Agreement (as set forth in Section 5 of this Agreement), the County Claims and the School District Claims (together with any and all claims arising from or related to Unpaid Real Property Taxes), but not the Non-Tax Claims, will be deemed satisfied in full and the Mirant Parties will have no further liability pursuant to the County Claims and the School District Claims. This Agreement does not relieve the Mirant Parties, individually or collectively, of their obligation to timely pay future taxes, fees or charges not specifically addressed by this Agreement; and
F. Global Settlement Recitals
WHEREAS, following over two years of negotiation, the Parties have reached an agreement for compromise and settlement of all the 1995 – 2003 Haverstraw Proceedings, the 2000 – 2003 Stony Point Proceedings, the 2004 – 2006 Haverstraw Proceedings, the 2004 – 2006 Stony Point Proceedings, and the Village Proceedings (collectively, the “New York Proceedings”); and
WHEREAS, the Parties have fully reviewed the settlement terms and each has determined that this Agreement is in compliance with applicable legal requirements and is in the best interests of all Parties; and
WHEREAS, the settlement of the New York Proceedings is an element of and is contingent upon a comprehensive settlement resolving the Bankruptcy Litigation and the Unpaid Real Property Taxes; and
WHEREAS, the settlements of the New York Proceedings and the Unpaid Real Property Taxes are further the subject of a motion in the Bankruptcy Court pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure for an Order approving such settlements (the “9019 Order”), a form of which order is attached hereto as Exhibit “D”; and
G. Settlement Approvals
WHEREAS, by resolution dated December 13, 2006 (“Haverstraw Authorizing Resolution”), the Town Board of Haverstraw approved this Agreement and authorized the execution and delivery of this Agreement by the Supervisor of Haverstraw; and
WHEREAS, by resolution dated December 12, 2006 (“Stony Point Authorizing Resolution”), the Town Board of Stony Point approved this Agreement and authorized the execution and delivery of this Agreement by the Supervisor of Stony Point; and
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WHEREAS, by resolution dated December 12, 2006 (“Haverstraw Village Authorizing Resolution”), the Board of Trustees of Haverstraw Village approved this Agreement and authorized the execution and delivery of this Agreement by the Mayor of Haverstraw Village; and
WHEREAS, by resolution dated December 11, 2006 (“West Haverstraw Village Authorizing Resolution”), the Board of Trustees of West Haverstraw Village approved a form of this Agreement, subject to such modifications as, in the judgment of the Mayor, in consultation with counsel, might be necessary to implement the terms of the settlement contemplated thereby, and authorized the execution and delivery of such Agreement by the Mayor of West Haverstraw Village; and
WHEREAS, by resolution dated December 13, 2006 (“School District Authorizing Resolution”), the Board of Education of the School District approved this Agreement and authorized the execution and delivery of this Agreement by the President of the Board of Education and by the Superintendent of Schools of the School District; and
WHEREAS, by resolution dated December 12, 2006 (“County Authorizing Resolution”), the Board of Legislators of the County approved this Agreement and authorized the execution and delivery of this Agreement by the County Executive of the County; and
WHEREAS, by all necessary corporate action, each of Mirant, Mirant Bowline, Mirant Xxxxxx, Mirant New York, and HVG has approved this Agreement and authorized the execution and delivery of this Agreement by an authorized executive; and
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter contained, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
Section 1. Representations and Covenants.
Each of the Parties, each solely for itself, hereby represents and covenants that, as of the date of this Agreement:
a. It is duly organized, validly existing, and in good standing under the laws of New York State (the “State”) or the state in which it is organized and has full legal right, power, and authority to execute, deliver, and perform all applicable terms and provisions of this Agreement.
b. All necessary action has been taken to authorize its execution, delivery, and performance of this Agreement, and this Agreement constitutes its legal, valid, and binding obligation enforceable against it in accordance with the terms of this Agreement and applicable law.
c. With exceptions of: (i) the Mirant Parties’ need to obtain the approval of the Bankruptcy Court and (ii) one or more of the Tax Jurisdictions’ need to take certain acts to obtain funds in order to satisfy their obligations in this Agreement with respect to the Refunds (defined below), no governmental approval by or with any government authority is required for
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the valid execution, delivery, and performance under this Agreement by it except such as have been duly obtained or made.
d. To the best of its knowledge, none of the execution or delivery of this Agreement, the performance of the obligations in connection with the transaction contemplated hereby, or the fulfillment of the terms and conditions hereof will (i) conflict with or violate any of its resolutions, or any of its formation documents, as amended, or of any restriction or any agreement or instrument to which it is a party and by which it is bound; (ii) conflict with, violate, or result in a breach of any applicable law, rule, regulation, or order of any court or other agency or authority of government or ordinance of the State or any political subdivision thereof; or (iii) conflict with, violate, or result in a breach of or constitute a default under or result in the imposition or creation of any mortgage, pledge, lien, security interest, or other encumbrance under this Agreement or under any term or condition of any bond, indenture, or any other agreement or instrument to which it is a party or by which it or any of its properties or assets is bound.
e. To the best of its knowledge, other than the motion to approve this Agreement before the Bankruptcy Court, there is no action, suit, or proceeding, at law or in equity, or official investigation before or by any government authority pending or, to its knowledge, threatened against it, wherein an anticipated decision, ruling, or finding would result in a material adverse effect on its ability to perform its obligations under this Agreement or on the validity or enforceability of this Agreement.
f. To the best of its knowledge, the conduct of its business is in compliance with all applicable governmental approvals with respect to which a failure to comply, in any case or in the aggregate, would result in a material adverse effect on its ability to perform its obligations under this Agreement or on the validity or enforceability of this Agreement.
Section 2. Revision of Assessment Rolls and Dismissal of New York Proceedings.
a. Revision of Assessment Rolls. Upon the Effective Date (as defined below in Section 8), the assessors or other officers having custody of the assessment rolls for each of Haverstraw, Stony Point, West Haverstraw Village, and Haverstraw Village shall correct and revise the entries for the assessments relating to the Bowline Facility and the Xxxxxx Facility on their respective assessment rolls to reflect the assessments set forth on Exhibits “E”, “F”, “G”, and “H”, respectively, attached hereto.
b. Dismissal of New York Proceedings Not Yet Fully Tried. Upon payment of all Refunds by the Tax Jurisdictions and payment of all Back Taxes and the January 2007 Taxes by the New York Companies in accordance with the terms of this Agreement (as more specifically set forth below in Section 5), the 2004 – 2006 Haverstraw Proceedings, the 2004 – 2006 Stony Point Proceedings, and the Village Proceedings shall be dismissed with prejudice.
c. Withdrawal of Appeals. Upon payment of all Refunds by the Tax Jurisdictions and payment of all Back Taxes by the New York Companies in accordance with the terms of this Agreement (as more specifically set forth below in Section 5), Mirant New York, Mirant Bowline (as Mirant Bowline and as Southern Energy Bowline, LLC), Mirant Xxxxxx (as Mirant
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Xxxxxx and as Southern Energy Xxxxxx, LLC), and the Tax Jurisdictions shall withdraw or cause to be withdrawn their respective appeals relating to the New York Proceedings (appellate Case Numbers 2004-7179, 2004-10485, 2005-3454, 2005-6605, 2006-9254, 2006-9567, 2006-9564), and shall notify the New York Appellate Division, Second Department of such withdrawal.
d. Dismissal or Withdrawal of the County Claims, the School District Claims, the Contested Matter, and the Bankruptcy Litigation. Upon payment of all Refunds by the Tax Jurisdictions and payment of all Back Taxes by the New York Companies in accordance with the terms of this Agreement, the County Claims and the School District Claims will be deemed satisfied in full and the New York Companies will have no further liability pursuant to such claims. Upon payment of all Refunds by the Tax Jurisdictions and payment of all Back Taxes by the New York Companies in accordance with the terms of this Agreement, the Mirant Parties shall take all reasonable action necessary to effectuate the withdrawal or dismissal, with prejudice, of the Bankruptcy Litigation and the County shall take all reasonable action necessary to effectuate the withdrawal or dismissal of the Contested Matter, with prejudice.
e. New York Court Orders. The Parties agree to the forms of Stipulation of Settlement and Order for the New York Court covering each of (i) 2004 – 2006 Haverstraw Proceedings and the 2004 – 2006 Stony Point Proceedings, (ii) the Haverstraw Village Proceedings, and (iii) the West Haverstraw Village Proceedings, attached hereto as Exhibits “I”, “J”, and “K”, respectively.
Section 3. Refunds to Mirant Bowline and Mirant Xxxxxx.
The County, on its own and on behalf of the other Tax Jurisdictions and the County Solid Waste Authority, shall pay and/or advance in accordance with Section 5 hereof the real property tax refunds, and accrued simple statutory interest on such refunds pursuant to RPTL § 726, which they respectively owe to Mirant Bowline and/or Mirant Xxxxxx (“Refunds”) pursuant to the Haverstraw Decision, the Haverstraw Resettled Order, the Stony Point Decision, the Stony Point Resettled Order, or as agreed with Haverstraw Village or West Haverstraw Village; provided, however, that this provision is not intended to create liability on the part of any Tax Jurisdiction for Refunds owed by another Tax Jurisdiction pursuant to those rulings or village refund agreements. Notwithstanding the effect of any other provision of this Agreement, the Parties agree that as of January 31, 2007, the aggregate amount of the Refunds, inclusive of accrued simple statutory interest, is $ 163,260,497, with $ 140,305,884 of that Refund amount being owed to Mirant Bowline and $ 22,954,613 of that Refund amount being owed to Mirant Xxxxxx, which amounts will be adjusted to reflect differences in accrued interest to the extent January 31, 2007 is not the actual date of payment and which amounts are allocated to the account of each of the Tax Jurisdictions and the New York Companies as shown on Exhibit “L”, attached hereto. Interest accrual on the Refunds shall cease as of the time of offset or payment by the Tax Jurisdictions (as set forth below in Section 5). Only Mirant Bowline and Mirant Xxxxxx, as owners of the Bowline Facility and Xxxxxx Facility, respectively, are entitled to any Refunds and all other Mirant entities, including, but not limited to Mirant New York, waive any rights they have thereto.
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Section 4. Unpaid Real Property Taxes.
x. Xxxxxxx and Xxxxxx Back Taxes. With respect to that portion of Unpaid Real Property Taxes relating to the Bowline Facility and the Xxxxxx Facility, the New York Companies shall pay or cause to be paid (through offset of Bowline and Xxxxxx Back Taxes against a portion of the Refunds) to the County in accordance with Section 5 of this Agreement all owed and unpaid taxes with respect to the Bowline Facility and the Xxxxxx Facility for years 2003 through 2006 (excluding January 2007 Taxes as defined herein), and accrued simple interest with respect to such taxes calculated at the rate of eight percent (8%) per annum (“Bowline and Xxxxxx Back Taxes”); provided, however, that only Mirant Bowline shall be liable for the Bowline and Xxxxxx Back Taxes owed with respect to the Bowline Facility and only Mirant Xxxxxx shall be liable for the Bowline and Xxxxxx Back Taxes owed with respect to the Xxxxxx Facility. Subject to Section 4(c) below and in accordance with Section 10 of this Agreement, the base tax amounts of the Bowline and Xxxxxx Back Taxes shall be set through the application of the 2003 assessments for the Bowline Facility and the Xxxxxx Facility, as set forth in the Haverstraw Decision, the Haverstraw Resettled Order, the Stony Point Decision, and the Stony Point Resettled Order, which the Parties agree result in assessments as set forth in Exhibits “E”, “F”, “G”, and “H”.
b. HVG Back Taxes. With respect to that portion of Unpaid Real Property Taxes relating to the HVG Property, HVG shall pay or cause to be paid to the County in accordance with Section 5 of this Agreement all owed and unpaid taxes with respect to the HVG Property for years 2004 through 2006 (excluding January 2007 Taxes as defined herein), and accrued simple interest with respect to such taxes calculated at the rate of twelve percent (12%) per annum (“HVG Back Taxes”, and together with the Bowline and Xxxxxx Back Taxes, “Back Taxes”). The base tax amounts of the HVG Back Taxes shall be the amount of the taxes set forth on the tax bills issued in 2004, 2005, and 2006 by the Bowline Tax Jurisdictions for said HVG Property.
c. Back Tax Amounts. Notwithstanding the effect of any other provision of this Agreement, the Parties agree that as of January 31, 2007, the aggregate amount of Back Taxes (excluding January 2007 Taxes as defined herein but inclusive of accrued interest) owed is $ 115,215,705, with $ 70,704,285 of that Back Tax amount being owed to the County by Mirant Bowline, $ 42,971,760 of that Back Tax amount being owed to the County by Mirant Xxxxxx, and $ 1,539,660 of that Back Tax amount being owed to the County by HVG, which amounts will be adjusted to reflect differences in accrued interest to the extent that January 31, 2007 is not the actual date of payment and which amounts are allocated to the account of each of the Tax Jurisdictions and the New York Companies as shown on Exhibit “L”, attached hereto. Interest accrual on the Back Taxes shall cease as of the time of offset or payment by the Tax Jurisdictions (as set forth below in Section 5).
d. Usage Charges. Each of the New York Companies shall pay or cause to be paid, within the later of thirty (30) days after the Effective Date or thirty (30) days of such New York Company’s receipt of a notice(s) setting forth such usage charges in detail, all lawfully levied or assessed usage charges to the extent such usage charges have been previously billed and remain unpaid by such New York Company; provided, however, this Section 4(d) is not intended to affect usage charges not yet billed in the ordinary course for current or future use.
12
e. Unpaid Real Property Tax Years. Payments of the Back Taxes shall cover the following assessment roll years, tax years and payments (by due date).
|
Xxxxx./St. Pt. |
|
Xxxxx./St. Pt./Co. |
|
Xxxxx./St. Pt./County |
|
School |
|
School |
|
|
Roll Year |
|
Tax Year |
|
Payment (Due Date) |
|
Tax Year |
|
Payment (Due Date) |
|
|
|
|
|
|
|
|
|
|
|
|
|
2003 |
|
2004 |
|
January 31, 2004 |
|
2003-2004 |
|
September 30, 2003 |
|
|
2004 |
|
2005 |
|
January 31, 2005 |
|
2004-2005 |
|
September 30, 2004 |
|
|
2005 |
|
2006 |
|
January 31, 2006 |
|
2005-2006 |
|
September 30, 2005 |
|
|
2006 |
|
2007 |
|
NA |
|
2006-2007 |
|
September 30, 2006 |
|
|
Vill. of W. Hav. |
|
Vill. of W. Hav. |
|
Vill. of W. Hav. |
|
Vill. of Hav. |
|
Vill. of Hav. |
|
Vill. of Hav. |
|
|
Roll Year |
|
Tax Year |
|
Payment (Due Date) |
|
Roll Year |
|
Tax Year |
|
Payment (Due Date) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2003 |
|
2004-2005 |
|
June 30, 2004 |
|
2004 |
|
2004-2005 |
|
June 30, 2004 |
|
|
2004 |
|
2005-2006 |
|
June 30, 2005 |
|
2005 |
|
2005-2006 |
|
June 30, 2005 |
|
|
2005 |
|
2006-2007 |
|
June 30, 2006 |
|
2006 |
|
2006-2007 |
|
June 30, 2006 |
|
f. January 0000 Xxxxxxxxxx, Xxxxx Xxxxx, Xxxxxx and Special District Taxes. Tax bills will be issued in January 2007 by Haverstraw, Stony Point, the County, and certain special districts based on the 2006 assessments on the Bowline Facility, the Xxxxxx Facility and the HVG Property (but excluding any re-levy of any taxes, including any penalties or interest, by the County as more fully described below) (the “January 2007 Taxes”). Haverstraw, Stony Point, the County, and such special districts shall take all reasonable actions to base the January 2007 Taxes upon the reduced 2006 assessments set forth on Exhibits “E”, “F” and “G”. To the extent that the January 2007 Taxes cannot be issued based on the 2006 assessments set forth on Exhibits “E”, “F” and “G” and without any re-levy of prior taxes, the Parties agree that the New York Companies shall only be obligated to pay amounts in satisfaction of the January 2007 Taxes equal to what the January 2007 Taxes would have been if based on the reduced 2006 assessments. Haverstraw, Stony Point, the County, and certain special districts shall accept such payments from the New York Companies as full satisfaction of the January 2007 Taxes; provided, however, if such payments are not timely paid, the Tax Jurisdictions shall be entitled to whatever remedies under the law would normally apply, including penalties and interest on such taxes. To the extent that the taxes billed in January 2007 include any re-levy of amounts previously billed by any Tax Jurisdiction, the Parties acknowledge that such re-levied amounts, including penalties and interest, are fully satisfied through the payment of Back Taxes pursuant to the terms of this Agreement.
Section 5. Payment of Amounts Owed.
a. Payment and/or Offset. As soon as practicable following the Effective Date: (i) the County, on its own behalf and on the behalf of the other Tax Jurisdictions and the County Solid Waste Authority, shall pay and/or advance (a) the Refunds of $ 22,954,613 owed to Mirant Xxxxxx, which shall be offset by the County against the Back Taxes of $ 42,971,760 owed by Mirant Xxxxxx to the County; (b) the Refunds of $ 140,305,884 owed to Mirant Bowline, which shall be offset by the County against the Back Taxes of $ 70,704,285 owed by Mirant Bowline to the County; and (c) the remaining Refunds of $ 69,601,599 owed to Mirant Bowline, which the County shall pay by wire transfer to Mirant Bowline; (ii) Mirant Xxxxxx shall pay to the County
13
by wire transfer the remaining Back Taxes of $ 20,017,147 owed by Mirant Xxxxxx; and (iii) HVG shall pay to the County by wire transfer the Back Taxes of $ 1,539,660 owed by HVG; provided, however, that the intent of the Parties is that such payments and offsets shall be scheduled to occur on the same date (the “Payment Date”). Unless otherwise agreed to in writing by each of the Parties, the Payment Date shall be no later than February 15, 2007. The Parties agree that the payments and offsets provided for by this Section 5 shall, upon its occurrence, result in the satisfaction of the obligations of the Tax Jurisdictions to pay Refunds to the New York Companies under this Agreement and the obligations of the New York Companies to pay Back Taxes under this Agreement.
b. Reimbursement of County with Respect to the Refunds. No later than March 15, 2007, each of the Tax Jurisdictions (except the County) shall reimburse the County their respective portion of the Refunds advanced by the County, in accordance with this Agreement and as determined in Exhibit “L” attached to this Agreement, to Mirant Bowline and Mirant Xxxxxx. If a Tax Jurisdiction does not fully reimburse the County by no later than March 15, 2007, the defaulting Tax Jurisdiction shall pay, in addition to the amount of the Refunds advanced on behalf of such defaulting Tax Jurisdiction, to the County: (i) interest on such unreimbursed amount calculated at a rate of 9% per annum until payment in full is received by the County; and (ii) the defaulting Tax Jurisdiction’s proportional share (i.e., the percentage of the total amount of the Refunds advanced by the County attributable to such defaulting Tax Jurisdiction) of all costs and expenses incurred by the County, including reasonable outside legal fees, to borrow funds in order to pay the Refunds. If such liability to the County is not satisfied in full by the defaulting Tax Jurisdiction by no later than March 30, 2007, the County may, in addition to all other legal rights and remedies (including, but not limited to, seeking specific performance of payment), offset any such unpaid amounts against any amounts that may be owed by the County (including, but not limited to, unpaid real property taxes, sales tax collections, and/or mortgage tax collections) to such defaulting Tax Jurisdiction.
c. Reimbursement of County with Respect to the Unpaid Real Property Taxes. No later than March 15, 2007, each of the Tax Jurisdictions (excluding the County) shall (i) reimburse the County for all amounts advanced (or to be advanced with respect to the 2006 – 2007 School District, Haverstraw Village and West Haverstraw Village taxes in accordance with applicable law) by the County on behalf of such Tax Jurisdiction pursuant to the County’s duty to indemnify the Tax Jurisdictions with respect to the Unpaid Real Property Taxes in excess of the Back Taxes; and (ii) pay to the County their respective portion of the accrued interest on the Unpaid Real Property Taxes (net of any such amount already paid to the County), with such interest being calculated at a simple interest rate of 4% per annum. As of January 31, 2007, the amount of such payments to the County are calculated as follows:
|
Tax Jurisdiction |
|
Excess of Back Tax |
|
Net Interest |
|
Total |
|
|||
|
Haverstraw |
|
$ |
9,262,128 |
|
$ |
464,892 |
|
$ |
9,727,020 |
|
|
Stony Point |
|
$ |
5,618,866 |
|
$ |
380,996 |
|
$ |
5,999,862 |
|
|
Haverstraw Village |
|
$ |
2,071,156 |
|
$ |
77,879 |
|
$ |
2,149,035 |
|
|
West Haverstraw Village |
|
$ |
265,465 |
|
$ |
8,722 |
|
$ |
274,187 |
|
|
School District |
|
$ |
88,219,550 |
|
$ |
5,108,711 |
|
$ |
93,328,261 |
|
|
County Solid Waste Authority |
|
$ |
262,146 |
|
$ |
19,813 |
|
$ |
281,959 |
|
14
The foregoing stated net interest calculations will be adjusted to reflect differences in accrued interest to the extent January 31, 2007 is not the actual date of payment. Any amount required to be paid under this subsection (c) that is not reimbursed and/or paid to the County by a Tax Jurisdiction shall be charged back by the County to such Tax Jurisdiction less any amount previously paid to the County by such Tax Jurisdiction and agreed to by the County.
d. County’s Indemnification of Unpaid 2006 – 2007 School District Taxes. Notwithstanding the payments to be made pursuant to subsections (a), (b) and (c) of this Section of the Agreement, and provided that the School District pays to the County all amounts required under subsections (b) and (c) of this Section of the Agreement, on or before April 1, 2007 the County shall advance to the School District the total amount of the 2006 – 2007 School District taxes duly levied on the tax parcels identified in Exhibits “A”, “B” and “C” of this Agreement.
Section 6. Treatment of Penalties and Interest Regarding Back Taxes.
With respect to the New York Companies, all penalties and interest, to the extent such interest is calculated at a rate greater than eight percent (8%) per annum (other than with respect to the interest applicable to the HVG Back Taxes, which shall be governed by Section 4(b) of this Agreement), that may have accrued with respect to the Back Taxes shall not be collected by the Tax Jurisdictions from the New York Companies, shall be cancelled, and shall no longer be owed by the New York Companies.
Section 7. Mutual Release.
Except for the obligations arising under this Agreement, upon the payment of or offset for all Back Taxes and all January 2007 Taxes as set forth herein, each of Mirant Bowline, Mirant Xxxxxx, Mirant New York, HVG, and Mirant, their predecessors, successors, affiliates or subsidiary companies (past and present), and their present and former directors, officers, officials, agents, employees, professionals, and representatives in their individual and representative capacities shall be discharged and released by each of the Tax Jurisdictions from each and every claim, charge, complaint or cause of action whether known or unknown, pertaining to any and all Unpaid Real Property Taxes, the January 2007 Taxes, or any other real property taxes, fees or charges assessed against the Bowline Facility, the Xxxxxx Facility and the HVG Property (relating to tax parcels listed in Exhibits “A”, “B” and “C”) based on any assessment or tax roll through 2006, including without limitation any claim, charge, complaint or cause of action asserted in the County Claims, the School District Claims, and the Contested Matter; provided, however, this release specifically excludes the Non-Tax Claims. Except for the obligations arising under this Agreement, upon receipt of payment of or offset for all Refunds, each of Mirant Bowline, Mirant Xxxxxx, Mirant New York, HVG, and Mirant (as petitioners, debtors, debtors-in-possession, or as reorganized debtors), their predecessors, successors, bankruptcy estates, and any successors-in-interest thereto, to include, but not limited to, under or pursuant to any confirmed plan of reorganization or liquidation confirmed by the Bankruptcy Court in the Bankruptcy Cases, shall discharge and release each of the Tax Jurisdictions and their present and former directors, officers, officials, agents, employees, professionals, and representatives in their individual and representative capacities, from each and every refund, claim, charge, complaint or cause of action, whether known or unknown,
15
pertaining to any and all Refunds and any other claims related to the Bowline Facility, the Xxxxxx Facility and the HVG Property (relating to tax parcels listed in Exhibits “A”, “B” and “C”) based on any assessment or tax roll through 2006, including without limitation any refund, claim, charge, complaint, or cause of action asserted in the New York Proceedings and the Bankruptcy Litigation.
Section 8. Effective Date.
This Agreement shall become effective on the first business day (the “Effective Date”) after the tenth day after the entry of the 9019 Order; provided that if the 9019 Order is stayed, the Effective Date shall be the date on which the 9019 Order becomes final and non-appealable. The Parties shall use reasonable best efforts to seek entry of the 9019 Order on or before December 15, 2006. In the event this Agreement is not executed by all of the Parties by December 8, 2006, then the Parties shall use reasonable best efforts to seek entry of the 9019 Order on or before the date that is five (5) business days after the date on which all Parties have executed the Agreement and delivered the executed Agreement to the other Parties.
Section 9. No Admission or Precedent.
Nothing herein shall represent or constitute an admission by any party of any fact or matter, the Parties acknowledging that the assessment reductions and other payments to be made by any party hereto are in settlement of litigation only, nor shall any provision of this Agreement or the 9019 Order be admissible in any court in any jurisdiction other than in an action in the New York Court or in the Bankruptcy Court to obtain approval of or to enforce the express terms of this Agreement. In addition, the agreement in Section 6 of this Agreement with respect to penalties and interest, as well as the assessments established pursuant to this Agreement, and under the Haverstraw Decision, the Haverstraw Resettled Order, the Stony Point Decision and the Stony Point Resettled Order, shall not be admissible, have any precedential effect or value, or be admitted into evidence in any proceeding in any jurisdiction, except to the extent required to obtain approval of or enforce this Agreement, or the 9019 Order.
Section 10. Application of RPTL § 727 for Future Assessments.
For the 2004, 2005, and 2006 final assessment rolls, the Parties agree that the assessed values for the Bowline Facility and Xxxxxx Facility shall be reduced pursuant to RPTL § 727, or as otherwise set forth in this Agreement with respect to the Bowline Facility for 2006, to the assessed values set forth in Exhibits “E”, “F”, “G”, and “H”. To the extent RPTL § 727 would cause the 2006 values set by this Agreement to apply to year 2007 or any subsequent year, the Parties agree that RPTL § 727 is waived and shall not cause such values to apply in any year subsequent to 2006; provided, however, this waiver of RPTL § 727 is not intended to affect application of RPTL § 727 where assessed values may be determined through litigation commenced subsequent to the Effective Date of this Agreement.
Section 11. Default.
In the event any Party fails to perform its obligations hereunder, monetary or otherwise, each non-defaulting party shall have all rights in law and equity to seek redress for such default
16
(and shall be entitled to recover reasonable attorney’s fees, disbursements and other expenses associated with seeking such redress), to the extent such default remains uncured for a period of ten (10) days following receipt by the defaulting party of a written notice of default.
Section 12. Plan of Reorganization.
Any plan(s) of reorganization or liquidation of Mirant Bowline, Mirant Xxxxxx, Mirant New York, and/or HVG shall: (i) incorporate the terms and provisions hereof without modification; (ii) shall provide that this Agreement is binding upon any successor to the bankruptcy estates, including without limitation the appointment of a trustee in the Bankruptcy Cases of the New York Companies; and (iii) provide for the payment, by no later than the effective date of such plan(s) of reorganization or liquidation, of any tax amount, accrued interest or charge that may be due and owing to the Tax Jurisdictions as of the date of the confirmation hearing(s).
Section 13. Miscellaneous.
a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State without giving effect to the conflict of laws principles thereof.
b. No Recourse. All obligations of the Parties contained in this Agreement shall be deemed to be the corporate obligations of the respective Parties and not obligations of any member, officer, official, agent, servant, employee, or affiliate of the Parties. No recourse upon any obligation contained in this Agreement, or otherwise based on or in respect of this Agreement, shall be had against any past, present, or future member, officer, official, agent, servant, employee, or affiliate of the Parties.
c. Entire Agreement; Amendment. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the settlement and releases contemplated herein and it supersedes all prior agreements and understandings, written or oral, between the Parties with respect to such settlement and releases. This Agreement may not be amended except by an instrument in writing signed by the Parties hereto.
d. Binding Effect. This Agreement shall inure to the benefit of, and shall be binding upon each of the Parties, and, as permitted by this Agreement, their respective successors and assigns.
e. Execution in Counterpart. This Agreement may be executed by the Parties hereto in several counterparts, and each such counterpart shall be deemed to be an original and all of which constitute together but one and the same agreement. This Agreement may be executed by a signature delivered electronically by facsimile or by the use of Adobe portable document format, which shall be deemed the same as an original signature.
17
f. Section Headings Not Controlling. The section headings in this Agreement have been prepared for convenience of reference only and shall not control, affect the meaning of, or be taken as an interpretation of any provision of this Agreement.
g. Effective Date. This Agreement shall be effective as of the Effective Date.
h. Right to Contest Assessments. Nothing herein shall prevent the New York Companies from challenging any real property tax assessments relating to the Bowline Facility, the Xxxxxx Facility, or the HVG Property based upon an assessment that becomes final after December 31, 2006 (excluding the 2006 assessments addressed in this Agreement).
i. Arms Length Agreement. Each of the Tax Jurisdictions and the Mirant Parties acknowledges that (i) this Agreement is the result of negotiations among the Parties, and has been reviewed by each party and its counsel, and (ii) all Parties contributed to the drafting of this Agreement. Accordingly, this Agreement shall be deemed the product of each Party, and no ambiguity shall be construed in favor of or against any Party on the basis that it was the drafter of the Agreement.
j. Recitals Binding. The recitals in this Agreement constitute an integral part of the agreement of the Parties and are legally binding to the same extent as if the same were set forth in a section of this Agreement.
k. Tax Parcel Consolidation. The Parties shall endeavor to consolidate tax parcels to provide for as few tax map numbers as possible for the Bowline Facility and the Xxxxxx Facility, to the extent not inconsistent with State laws.
l. Further Assurances. The Parties shall cooperate to take such actions or obtain such other orders of the New York Court or the Bankruptcy Court as may be reasonably necessary to effectuate the terms of this Agreement.
18
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed their respective duly authorized officers or representatives as of the day and year first above written.
|
TOWN OF HAVERSTRAW |
TOWN OF STONY POINT |
||||
|
|
|
||||
|
|
|
||||
|
By: |
|
|
By: |
|
|
|
|
Xxxxxx X. Xxxxxxxx, Xx. |
|
Xxxxxxx X. Xxxxxx |
||
|
|
Supervisor |
|
Supervisor |
||
|
|
|
||||
|
|
|
||||
|
VILLAGE OF HAVERSTRAW |
VILLAGE OF WEST HAVERSTRAW |
||||
|
|
|
||||
|
|
|
||||
|
By: |
|
|
By: |
|
|
|
|
Xxxxxxx X. Xxxxxxx, Xx. |
|
Xxxxxx X. Xxxxxx |
||
|
|
Mayor |
|
Mayor |
||
|
|
|
||||
|
|
|
||||
|
HAVERSTRAW-STONY POINT |
COUNTY OF ROCKLAND |
||||
|
CENTRAL SCHOOL DISTRICT |
|
||||
|
|
|
||||
|
|
|
||||
|
By: |
|
|
By: |
|
|
|
|
Dr. Xxxxx Xxxxxxx |
|
C. Xxxxx Xxxxxxxxxx |
||
|
|
Superintendent |
|
County Executive |
||
|
|
|
||||
|
|
|
||||
|
By: |
|
|
|
||
|
|
Xxxxxx Xxxxxxx |
|
|||
|
|
President of the Board of Education |
|
|||
19
|
MIRANT CORPORATION, a Delaware Corporation |
||
|
|
||
|
|
||
|
By: |
|
|
|
|
Xxxx X. Xxxxxxxxx |
|
|
|
Senior Vice President and |
|
|
|
Deputy General Counsel |
|
MIRANT BOWLINE, LLC, a Delaware limited liability company
MIRANT XXXXXX, LLC, a Delaware limited liability company
MIRANT NEW YORK, INC., a Delaware corporation
XXXXXX VALLEY GAS CORPORATION, a New York corporation
|
By: |
|
|
|
|
Xxxxxxx X. Xxxxx |
|
|
|
President of Mirant Bowline, LLC |
|
|
|
President of Mirant Xxxxxx, LLC |
|
|
|
President of Mirant New York, Inc. |
|
|
|
President of Xxxxxx Valley Gas Corporation |
|
20
|
STATE OF NEW YORK |
) |
|
|
) SS.: |
|
COUNTY OF |
) |
On the day of December in the year 2006, before me, the undersigned, personally appeared XXXXXX X. XXXXXXXX, XX., Supervisor of Haverstraw, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument.
|
|
|
|
|
|
NOTARY PUBLIC |
|
|
STATE OF NEW YORK |
) |
|
|
) SS.: |
|
COUNTY OF |
) |
On the day of December in the year 2006, before me, the undersigned, personally appeared XXXXXX X. XXXXXX, Supervisor of Stony Point, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument.
|
|
|
|
|
|
NOTARY PUBLIC |
|
|
STATE OF NEW YORK |
) |
|
|
) SS.: |
|
COUNTY OF |
) |
On the day of in the year 2006, before me, the undersigned, personally appeared XXXXXXX X. XXXXXXX, XX., Mayor of Haverstraw Village, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument.
|
|
|
|
|
|
NOTARY PUBLIC |
|
21
|
STATE OF NEW YORK |
) |
|
|
) SS.: |
|
COUNTY OF |
) |
On the day of in the year 2006, before me, the undersigned, personally appeared XXXXXX X. XXXXXX, Mayor of West Haverstraw Village, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument.
|
|
|
|
|
|
NOTARY PUBLIC |
|
|
STATE OF NEW YORK |
) |
|
|
) SS.: |
|
COUNTY OF |
) |
On the day of December in the year 2006, before me, the undersigned, personally appeared DR. XXXXX XXXXXXX, Superintendent of the School District, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument.
|
|
|
|
|
|
NOTARY PUBLIC |
|
|
STATE OF NEW YORK |
) |
|
|
) SS.: |
|
COUNTY OF |
) |
On the day of December in the year 2006, before me, the undersigned, personally appeared XXXXXX XXXXXXX, President of the Board of Education of the School District, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument.
|
|
|
|
|
|
NOTARY PUBLIC |
|
22
|
STATE OF NEW YORK |
) |
|
|
) SS.: |
|
COUNTY OF |
) |
On the day of December in the year 2006, before me, the undersigned, personally appeared C. XXXXX XXXXXXXXXX, County Executive of the County, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument.
|
|
|
|
|
|
NOTARY PUBLIC |
|
|
STATE OF GEORGIA |
) |
|
|
) SS.: |
|
COUNTY OF |
) |
On the day of December in the year 2006, before me, the undersigned, personally appeared XXXX X. XXXXXXXXX, Senior Vice President and Deputy General Counsel of Mirant Corporation, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument.
|
|
|
|
|
|
NOTARY PUBLIC |
|
|
STATE OF MASSACHUSETTS |
) |
|
|
) SS.: |
|
COUNTY OF |
) |
On the day of December in the year 2006, before me, the undersigned, personally appeared XXXXXXX X. XXXXX, President of Mirant Bowline, Mirant Xxxxxx, Mirant New York and HVG, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and he acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument.
|
|
|
|
|
|
NOTARY PUBLIC |
|
23
List of Exhibits
|
Exhibit “A” |
Bowline Facility Description and Tax Parcels |
|
Exhibit “B” |
Xxxxxx Facility Description and Tax Parcels |
|
Exhibit “C” |
HVG Property Description and Tax Parcels |
|
Exhibit “D” |
Form of 9019 Order |
|
Exhibit “E” |
Haverstraw Assessment Roll Revisions Regarding Bowline Facility |
|
Exhibit “F” |
Stony Point Assessment Roll Revisions |
|
Exhibit “G” |
Haverstraw Village Assessment Roll Revisions |
|
Exhibit “H” |
West Haverstraw Village Assessment Roll Revisions |
|
Exhibit “I” |
Form of Haverstraw and Stony Point Stipulation of Settlement and Order |
|
Exhibit “J” |
Form of Haverstraw Village Stipulation of Settlement and Order |
|
Exhibit “K” |
Form of West Haverstraw Village Stipulation of Settlement and Order |
|
Exhibit “L” |
Refund and Back Tax Amounts |
L-1
EXHIBIT “A”
DESCRIPTION OF BOWLINE FACILITY
All real property, fixtures and improvements located on the following tax parcels, as such tax parcels may be modified from time to time:
Tax Parcels Located in Haverstraw (outside of Haverstraw Village and West Haverstraw Village):
622.089-9999-134.200/1001 (formerly 600.00-277-1)
622.089-9999-134.200/1011 (formerly 600.00-277-2)
622.089-9999-134.200/1021 (formerly 600.00-277-3)
622.089-9999-134.200/1031 (formerly 600.00-277-4)
622.089-9999-134.200/1041 (formerly 600.00-277-5)
622.089-9999-134.200/1051 (formerly 600.00-277-6)
622.089-9999-134.200/1061 (formerly 600.00-277-7)
20.16-2-4
21.17-1-2
21.17-1-3
21.17-1-4
21.17-1-5
27.05-1-1
27.05-1-2
27.05-1-3
27.05-1-4
27.05-1-5
Tax Parcels Located in West Haverstraw Village
26.07-4-4
26.07-4-5
26.07-4-6
26.07-5-71
26.07-5-72
26.08-2-39
26.08-3-32
26.08-3-33
622.003-9999-134.200/1001 (formerly 600.00-324)
622.003-9999-134.200/2001 (formerly 600.00-325)
A-1
Tax Parcels Located in Haverstraw Village:
27.05-2-2
27.05-2-3
27.05-2-4
27.05-2-6
27.09-1-2
27.09-1-1
on the official tax maps of the County, Haverstraw, Haverstraw Village and West Haverstraw Village, as the case may be.
A-2
EXHIBIT “B”
DESCRIPTION OF XXXXXX FACILITY
All real property, fixtures and improvements located on the following tax parcels, as such tax parcels may be modified from time to time:
|
10.04-2-2 |
10.04-2-3 |
|
10.04-2-4 |
10.04-2-5 |
|
10.04-2-6 |
10.04-2-7 |
|
10.04-2-8 |
10.04-2-9 |
|
10.04-2-10 |
10.04-2-11 |
|
10.04-2-12 |
10.04-2-13 |
|
10.04-2-14 |
10.04-2-15 |
|
10.04-2-16 |
10.04-2-17 |
|
10.04-2-18 |
10.04-2-19 |
|
10.02-3-17 |
|
on the official tax maps of the County and Stony Point, as the case may be.
B-1
EXHIBIT “C”
DESCRIPTION OF HVG PROPERTY
All real property, fixtures and improvements located on the following tax parcels, as such tax parcels may be modified from time to time:
622.003-9999-134.200/2011 (formerly 600.00-330)
622.089-9999-134.200/2001 (formerly 600.00-333)
622.089-9999-134.200/2011 (formerly 600.00-334)
on the official tax maps of the County, Haverstraw and West Haverstraw Village, as the case may be.
C-1
EXHIBIT “D”
FORM OF 0000 XXXXX
XX XXX XXXXXX XXXXXX BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
|
|
) |
|
|
In re |
) |
Chapter 11 Case |
|
|
) |
|
|
MIRANT CORPORATION, et al., |
) |
Case No. 03-46590 (DML) |
|
|
) |
Jointly Administered |
|
Debtors. |
) |
|
|
|
) |
|
ORDER GRANTING DEBTORS’ MOTION PURSUANT TO 11 U.S.C. §§ 105 AND 363 AND RULE 9019 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE FOR AN ORDER APPROVING THE SETTLEMENT AGREEMENT BY AND AMONG MIRANT CORPORATION, MIRANT BOWLINE, LLC, MIRANT XXXXXX, LLC, MIRANT NEW YORK, INC., XXXXXX VALLEY GAS CORPORATION, THE COUNTY OF ROCKLAND, TOWN OF HAVERSTRAW, THE HAVERSTRAW-STONY POINT CENTRAL SCHOOL DISTRICT, THE VILLAGE OF HAVERSTRAW, THE VILLAGE OF WEST HAVERSTRAW, AND THE TOWN OF STONY POINT
Upon the motion,(1) dated December 7, 2006 (the “Motion”) of the New York Debtors, for an order approving that certain Settlement Agreement (the “Agreement”) by and among Mirant Bowline, LLC (“Mirant Bowline”), Mirant Xxxxxx, LLC (“Mirant Xxxxxx”), Mirant New York,
(1) Unless otherwise defined herein, capitalized terms have the same meaning ascribed to them in the Motion.
D-1
Inc. (“Mirant New York”), Xxxxxx Valley Gas Corporation (“HVG” and, collectively with Mirant Bowline, Mirant Xxxxxx, and Mirant New York, the “New York Debtors”), and Mirant Corporation (f/k/a Newco 2005 Corporation prior to January 3, 2006) (“Mirant Corp.”, and collectively with the New York Debtors, the “Mirant Settling Parties”), and the County of Rockland (the “County”), Town of Haverstraw (“Haverstraw”), the Haverstraw-Stony Point Central School District (the “School District”), the Village of Haverstraw (“Haverstraw Village”), the Village of West Haverstraw (“West Haverstraw Village,” and together with the County, Haverstraw, the School District, and Haverstraw Village, the “Haverstraw Tax Jurisdictions”), and the Town of Stony Point (“Stony Point,” and when used collectively with the County and the School District, the “Stony Point Tax Jurisdictions”) (the Haverstraw Tax Jurisdictions and Stony Point Tax Jurisdictions are together the “Tax Jurisdictions”); and it appearing that the Court has jurisdiction over this matter and the relief requested in accordance with 28 U.S.C. §§ 157(b)(2)(a), (b), (k), and (o) and 1334; and it appearing that the Agreement is “fair and equitable and in the best interest of the estate” and satisfies the requirements for approval of settlements set forth In re Cajun Electric Power Cooperative, Inc., 119 F.3d 349, 355 (5th Cir. 1997); and it appearing that due notice of the Motion has been provided as set forth in the certificate of service attached to the Motion, and that no other or further notice need be provided; upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor,
IT IS HEREBY:
ORDERED, that the Motion is hereby GRANTED; it is further
D-2
ORDERED, that the Agreement, the terms of which are incorporated herein and a copy of which is attached hereto as Exhibit A, is approved and that the Mirant Settling Parties and the Tax Jurisdictions are authorized and directed to perform as required thereunder; it is further
ORDERED, upon payment of all Refunds (as defined in Section 4 of the Agreement) by the Tax Jurisdictions and payment of all Back Taxes (as defined in Section 3 of the Agreement) by the New York Debtors in accordance with the terms of the Agreement, that the following proofs of claim will be deemed satisfied in full and the Debtors will have no further liability pursuant to such claims: (i) Proof of Claim No. 7117 filed by the County against Mirant Bowline; (ii) Proof of Claim No. 7118 filed by the County against Mirant New York; (2) (iii) Proof of Claim No. 7119 filed by the County against Mirant Xxxxxx; (iv) Proof of Claim No. 7624 filed by the School District against Mirant Xxxxxx; (v) Proof of Claim No. 7627 filed by the School District against Mirant Bowline; (vi) Proof of Claim No. 7628 filed by the School District against Mirant New York; and (vi) Proof Of Claim No. 7629 filed by the School District against Old Mirant; it is further
ORDERED, that the Refunds owed by the Tax Jurisdictions to any Mirant Settling Party may be offset against Back Taxes owed by another of the Mirant Settling Parties in accordance with Section 5 of the Agreement and, where such offset or payment results in a Refund owed to one Mirant Settling Party being used to satisfy Back Taxes due from another Mirant Settling Party, the net effect will be evidenced by Intercompany Notes providing for the repayment of the funds by the Mirant Settling Party owing to the Mirant Settling Party in accordance with the Cash Management Order; it is further
(2) Proof of Claim No. 7118 against Mirant New York previously was partially withdrawn by the County, and the County also filed Proof of Claim No. 7108 against Mirant NY-Gen, LLC, which was fully withdrawn.
D-3
ORDERED, that the ten-day stay provided for in Rule 6004 of the Bankruptcy Rules is waived and the Agreement is effective immediately; it is further
ORDERED, this Court shall, and hereby does, retain jurisdiction with respect to all matters arising or related to the implementation of this Order and performance under the terms of the Agreement except for any dispute solely among the Tax Jurisdictions.
### End of Order ###
D-4
EXHIBIT “E”
HAVERSTRAW
FINAL ASSESSMENT ROLLS REDUCTIONS
AND ESTABLISHMENT OF ASSESSED VALUES REGARDING
BOWLINE FACILITY
1995 Final Assessment
Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
27.-5-1-1 |
|
348,116 |
|
39,581 |
|
59,650 |
|
20,069 |
|
|
27.-5-1-2 |
|
54,049,843 |
|
6,145,467 |
|
9,261,500 |
|
3,116,033 |
|
|
20.16-2-4 |
|
1,189,079 |
|
135,198 |
|
203,750 |
|
68,552 |
|
|
600-324 |
|
5,394,188 |
|
613,319 |
|
924,300 |
|
310,981 |
|
|
600-277.1 |
|
58,359,707 |
|
6,635,499 |
|
10,000,000 |
|
3,364,501 |
|
|
600-277.2 |
|
58,359,707 |
|
6,635,499 |
|
10,000,000 |
|
3,364,501 |
|
|
600-277.3 |
|
58,359,707 |
|
6,635,499 |
|
10,000,000 |
|
3,364,501 |
|
|
600-277.4 |
|
58,359,707 |
|
6,635,499 |
|
10,000,000 |
|
3,364,501 |
|
|
600-277.5 |
|
58,359,707 |
|
6,635,499 |
|
10,000,000 |
|
3,364,501 |
|
|
600-277.6 |
|
58,359,707 |
|
6,635,499 |
|
10,000,000 |
|
3,364,501 |
|
|
600-277.7 |
|
32,729,291 |
|
3,721,320 |
|
4,062,415 |
|
341,095 |
|
|
Totals |
|
443,868,761 |
|
50,467,878 |
|
74,511,615 |
|
24,043,737 |
|
1997 Final Assessment
Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court Value |
|
Town’s |
|
Court |
|
|
20.16-2-4 |
|
989,299 |
|
118,023 |
|
203,750 |
|
85,727 |
|
|
21.17-1-2 |
|
585,325 |
|
69,829 |
|
120,550 |
|
50,721 |
|
|
27.05-1-2 |
|
44,968,779 |
|
5,364,775 |
|
9,261,500 |
|
3,896,725 |
|
|
600-277.1 |
|
48,554,531 |
|
5,792,556 |
|
10,000,000 |
|
4,207,444 |
|
|
600-277.2 |
|
48,554,531 |
|
5,792,556 |
|
10,000,000 |
|
4,207,444 |
|
|
600-277.3 |
|
48,554,531 |
|
5,792,556 |
|
10,000,000 |
|
4,207,444 |
|
|
600-277.4 |
|
48,554,531 |
|
5,792,556 |
|
10,000,000 |
|
4,207,444 |
|
|
600-277.5 |
|
48,554,531 |
|
5,792,556 |
|
10,000,000 |
|
4,207,444 |
|
|
600-277.6 |
|
48,554,531 |
|
5,792,556 |
|
10,000,000 |
|
4,207,444 |
|
|
600-277.7 |
|
27,230,352 |
|
3,248,581 |
|
4,062,415 |
|
813,834 |
|
|
600-324 |
|
4,487,895 |
|
535,406 |
|
924,300 |
|
388,894 |
|
|
Totals |
|
369,588,837 |
|
44,091,948 |
|
74,572,515 |
|
30,480,567 |
|
E-1
1998 Final Assessment
Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
20.16-2-4 |
|
1,019,383 |
|
122,020 |
|
203,750 |
|
81,730 |
|
|
21.17-1-2 |
|
603,124 |
|
72,194 |
|
120,550 |
|
48,356 |
|
|
21.17-1-3 |
|
80,050 |
|
9,582 |
|
16,000 |
|
6,418 |
|
|
21.17-1-4 |
|
107,567 |
|
12,876 |
|
21,500 |
|
8,624 |
|
|
21.17-1-5 |
|
337,710 |
|
40,424 |
|
67,500 |
|
27,076 |
|
|
26.07-4-4 |
|
134,333 |
|
16,080 |
|
26,850 |
|
10,770 |
|
|
26.07-4-5 |
|
18,762 |
|
2,246 |
|
3,750 |
|
1,504 |
|
|
26.07-4-6 |
|
12,758 |
|
1,527 |
|
2,550 |
|
1,023 |
|
|
26.07-5-71 |
|
139,336 |
|
16,679 |
|
27,850 |
|
11,171 |
|
|
26.07-5-72 |
|
80,050 |
|
9,582 |
|
16,000 |
|
6,418 |
|
|
26.08-2-39 |
|
118,824 |
|
14,223 |
|
23,750 |
|
9,527 |
|
|
26.08-3-32 |
|
193,870 |
|
23,206 |
|
38,750 |
|
15,544 |
|
|
26.08-3-33 |
|
77,548 |
|
9,283 |
|
15,500 |
|
6,217 |
|
|
27.05-1-1 |
|
298,435 |
|
35,723 |
|
59,650 |
|
23,927 |
|
|
27.05-1-3 |
|
331,456 |
|
39,675 |
|
66,250 |
|
26,575 |
|
|
27.05-1-4 |
|
125,828 |
|
15,062 |
|
25,150 |
|
10,088 |
|
|
27.05-1-5 |
|
85,053 |
|
10,181 |
|
17,000 |
|
6,819 |
|
|
27.05-2-2 |
|
3,002 |
|
359 |
|
600 |
|
241 |
|
|
27.05-2-3 |
|
6,254 |
|
749 |
|
1,250 |
|
501 |
|
|
27.05-2-4 |
|
25,016 |
|
2,994 |
|
5,000 |
|
2,006 |
|
|
27.05-2-6 |
|
28,337,590 |
|
3,392,010 |
|
5,664,000 |
|
2,271,990 |
|
|
27.09-1-1 |
|
6,004 |
|
719 |
|
1,200 |
|
481 |
|
|
27.09-1-2 |
|
22,014 |
|
2,635 |
|
4,400 |
|
1,765 |
|
|
27.05-1-2 |
|
46,336,262 |
|
5,546,451 |
|
9,261,500 |
|
3,715,049 |
|
|
600-277.1 |
|
50,031,056 |
|
5,988,717 |
|
10,000,000 |
|
4,011,283 |
|
|
600-277.2 |
|
50,031,056 |
|
5,988,717 |
|
10,000,000 |
|
4,011,283 |
|
|
600-277.3 |
|
50,031,056 |
|
5,988,717 |
|
10,000,000 |
|
4,011,283 |
|
|
600-277.4 |
|
50,031,056 |
|
5,988,717 |
|
10,000,000 |
|
4,011,283 |
|
|
600-277.5 |
|
50,031,056 |
|
5,988,717 |
|
10,000,000 |
|
4,011,283 |
|
|
600-277.6 |
|
50,031,056 |
|
5,988,717 |
|
10,000,000 |
|
4,011,283 |
|
|
600-277.7 |
|
28,058,417 |
|
3,358,592 |
|
4,062,415 |
|
703,823 |
|
|
600-324 |
|
4,624,370 |
|
553,537 |
|
924,300 |
|
370,763 |
|
|
600-325 |
|
1,275,792 |
|
152,712 |
|
255,000 |
|
102,288 |
|
|
Totals |
|
412,645,141 |
|
49,393,623 |
|
80,932,015 |
|
31,538,392 |
|
E-2
1999 Final Assessment
Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
20.16-2-4 |
|
1,084,076 |
|
125,319 |
|
203,750 |
|
78,431 |
|
|
21.17-1-2 |
|
641,401 |
|
74,146 |
|
120,550 |
|
46,404 |
|
|
21.17-1-3 |
|
85,130 |
|
9,841 |
|
16,000 |
|
6,159 |
|
|
21.17-1-4 |
|
114,393 |
|
13,224 |
|
21,500 |
|
8,276 |
|
|
21.17-1-5 |
|
359,142 |
|
41,517 |
|
67,500 |
|
25,983 |
|
|
26.07-4-4 |
|
142,859 |
|
16,514 |
|
26,850 |
|
10,336 |
|
|
26.07-4-5 |
|
19,952 |
|
2,306 |
|
3,750 |
|
1,444 |
|
|
26.07-4-6 |
|
13,568 |
|
1,568 |
|
2,550 |
|
982 |
|
|
26.07-5-71 |
|
148,179 |
|
17,130 |
|
27,850 |
|
10,720 |
|
|
26.07-5-72 |
|
85,130 |
|
9,841 |
|
16,000 |
|
6,159 |
|
|
26.08-2-39 |
|
126,365 |
|
14,608 |
|
23,750 |
|
9,142 |
|
|
26.08-3-32 |
|
206,174 |
|
23,834 |
|
38,750 |
|
14,916 |
|
|
26.08-3-33 |
|
82,470 |
|
9,533 |
|
15,500 |
|
5,967 |
|
|
27.05-1-1 |
|
317,375 |
|
36,689 |
|
59,650 |
|
22,961 |
|
|
27.05-1-3 |
|
352,491 |
|
40,748 |
|
66,250 |
|
25,502 |
|
|
27.05-1-4 |
|
133,814 |
|
15,469 |
|
25,150 |
|
9,681 |
|
|
27.05-1-5 |
|
90,451 |
|
10,456 |
|
17,000 |
|
6,544 |
|
|
27.05-2-2 |
|
3,192 |
|
369 |
|
600 |
|
231 |
|
|
27.05-2-3 |
|
6,651 |
|
769 |
|
1,250 |
|
481 |
|
|
27.05-2-4 |
|
26,603 |
|
3,075 |
|
5,000 |
|
1,925 |
|
|
27.05-2-6 |
|
30,135,993 |
|
3,483,721 |
|
5,664,000 |
|
2,180,279 |
|
|
27.09-1-1 |
|
6,385 |
|
738 |
|
1,200 |
|
462 |
|
|
27.09-1-2 |
|
23,411 |
|
2,706 |
|
4,400 |
|
1,694 |
|
|
27.05-1-2 |
|
49,276,924 |
|
5,696,412 |
|
9,261,500 |
|
3,565,088 |
|
|
600-277.1 |
|
53,206,202 |
|
6,150,637 |
|
10,000,000 |
|
3,849,363 |
|
|
600-277.2 |
|
53,206,202 |
|
6,150,637 |
|
10,000,000 |
|
3,849,363 |
|
|
600-277.3 |
|
53,206,202 |
|
6,150,637 |
|
10,000,000 |
|
3,849,363 |
|
|
600-277.4 |
|
53,206,202 |
|
6,150,637 |
|
10,000,000 |
|
3,849,363 |
|
|
600-277.5 |
|
53,206,202 |
|
6,150,637 |
|
10,000,000 |
|
3,849,363 |
|
|
600-277.6 |
|
53,206,202 |
|
6,150,637 |
|
10,000,000 |
|
3,849,363 |
|
|
600-277.7 |
|
29,839,102 |
|
3,449,400 |
|
4,062,415 |
|
613,015 |
|
|
600-324 |
|
4,917,849 |
|
568,503 |
|
924,300 |
|
355,797 |
|
|
600-325 |
|
1,356,758 |
|
156,841 |
|
255,000 |
|
98,159 |
|
|
Totals |
|
438,833,050 |
|
50,729,101 |
|
80,932,015 |
|
30,202,914 |
|
E-3
2000 Final Assessment
Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
20.16-2-4 |
|
842,393 |
|
78,848 |
|
203,750 |
|
124,902 |
|
|
21.17-1-2 |
|
498,407 |
|
46,651 |
|
120,550 |
|
73,899 |
|
|
21.17-1-3 |
|
66,151 |
|
6,192 |
|
16,000 |
|
9,808 |
|
|
21.17-1-4 |
|
88,891 |
|
8,320 |
|
21,500 |
|
13,180 |
|
|
21.17-1-5 |
|
279,075 |
|
26,121 |
|
67,500 |
|
41,379 |
|
|
26.07-4-4 |
|
111,010 |
|
10,391 |
|
26,850 |
|
16,459 |
|
|
26.07-4-5 |
|
15,504 |
|
1,451 |
|
3,750 |
|
2,299 |
|
|
26.07-4-6 |
|
10,543 |
|
987 |
|
2,550 |
|
1,563 |
|
|
26.07-5-71 |
|
115,144 |
|
10,778 |
|
27,850 |
|
17,072 |
|
|
26.07-5-72 |
|
66,151 |
|
6,192 |
|
16,000 |
|
9,808 |
|
|
26.08-2-39 |
|
98,193 |
|
9,191 |
|
23,750 |
|
14,559 |
|
|
26.08-3-32 |
|
160,210 |
|
14,996 |
|
38,750 |
|
23,754 |
|
|
26.08-3-33 |
|
64,084 |
|
5,998 |
|
15,500 |
|
9,502 |
|
|
27.05-1-1 |
|
246,620 |
|
23,084 |
|
59,650 |
|
36,566 |
|
|
27.05-1-3 |
|
273,907 |
|
25,638 |
|
66,250 |
|
40,612 |
|
|
27.05-1-4 |
|
103,981 |
|
9,733 |
|
25,150 |
|
15,417 |
|
|
27.05-1-5 |
|
70,286 |
|
6,579 |
|
17,000 |
|
10,421 |
|
|
27.05-2-2 |
|
2,481 |
|
232 |
|
600 |
|
368 |
|
|
27.05-2-3 |
|
5,168 |
|
484 |
|
1,250 |
|
766 |
|
|
27.05-2-4 |
|
20,672 |
|
1,935 |
|
5,000 |
|
3,065 |
|
|
27.05-2-6 |
|
23,417,501 |
|
2,191,878 |
|
5,664,000 |
|
3,472,122 |
|
|
27.09-1-1 |
|
4,961 |
|
464 |
|
1,200 |
|
736 |
|
|
27.09-1-2 |
|
18,192 |
|
1,703 |
|
4,400 |
|
2,697 |
|
|
27.05-1-2 |
|
38,291,170 |
|
3,584,054 |
|
9,261,500 |
|
5,677,446 |
|
|
600-277.1 |
|
41,344,459 |
|
3,869,841 |
|
10,000,000 |
|
6,130,159 |
|
|
600-277.2 |
|
41,344,459 |
|
3,869,841 |
|
10,000,000 |
|
6,130,159 |
|
|
600-277.3 |
|
41,344,459 |
|
3,869,841 |
|
10,000,000 |
|
6,130,159 |
|
|
600-277.4 |
|
41,344,459 |
|
3,869,841 |
|
10,000,000 |
|
6,130,159 |
|
|
600-277.5 |
|
41,344,459 |
|
3,869,841 |
|
10,000,000 |
|
6,130,159 |
|
|
600-277.6 |
|
41,344,459 |
|
3,869,841 |
|
10,000,000 |
|
6,130,159 |
|
|
600-277.7 |
|
23,186,799 |
|
2,170,284 |
|
4,062,415 |
|
1,892,131 |
|
|
600-324 |
|
3,821,468 |
|
357,689 |
|
924,300 |
|
566,611 |
|
|
600-325 |
|
1,054,284 |
|
98,681 |
|
255,000 |
|
156,319 |
|
|
Totals |
|
341,000,000 |
|
31,917,600 |
|
80,932,015 |
|
49,014,415 |
|
E-4
2001 Final Assessment
Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
20.16-2-4 |
|
690,712 |
|
59,401 |
|
203,750 |
|
144,349 |
|
|
21.17-1-2 |
|
408,664 |
|
35,145 |
|
120,550 |
|
85,405 |
|
|
21.17-1-3 |
|
54,240 |
|
4,665 |
|
16,000 |
|
11,335 |
|
|
21.17-1-4 |
|
72,885 |
|
6,268 |
|
21,500 |
|
15,232 |
|
|
21.17-1-5 |
|
228,825 |
|
19,679 |
|
67,500 |
|
47,821 |
|
|
26.07-4-4 |
|
91,021 |
|
7,828 |
|
26,850 |
|
19,022 |
|
|
26.07-4-5 |
|
12,712 |
|
1,093 |
|
3,750 |
|
2,657 |
|
|
26.07-4-6 |
|
8,644 |
|
743 |
|
2,550 |
|
1,807 |
|
|
26.07-5-71 |
|
94,411 |
|
8,119 |
|
27,850 |
|
19,731 |
|
|
26.07-5-72 |
|
54,240 |
|
4,665 |
|
16,000 |
|
11,335 |
|
|
26.08-2-39 |
|
80,512 |
|
6,924 |
|
23,750 |
|
16,826 |
|
|
26.08-3-32 |
|
131,362 |
|
11,297 |
|
38,750 |
|
27,453 |
|
|
26.08-3-33 |
|
52,545 |
|
4,519 |
|
15,500 |
|
10,981 |
|
|
27.05-1-1 |
|
202,213 |
|
17,390 |
|
59,650 |
|
42,260 |
|
|
27.05-1-3 |
|
224,587 |
|
19,315 |
|
66,250 |
|
46,935 |
|
|
27.05-1-4 |
|
85,258 |
|
7,332 |
|
25,150 |
|
17,818 |
|
|
27.05-1-5 |
|
57,630 |
|
4,956 |
|
17,000 |
|
12,044 |
|
|
27.05-2-2 |
|
2,034 |
|
175 |
|
600 |
|
425 |
|
|
27.05-2-3 |
|
4,237 |
|
364 |
|
1,250 |
|
886 |
|
|
27.05-2-4 |
|
16,950 |
|
1,458 |
|
5,000 |
|
3,542 |
|
|
27.05-2-6 |
|
19,200,937 |
|
1,651,281 |
|
5,664,000 |
|
4,012,719 |
|
|
27.09-1-1 |
|
4,068 |
|
350 |
|
1,200 |
|
850 |
|
|
27.09-1-2 |
|
14,916 |
|
1,283 |
|
4,400 |
|
3,117 |
|
|
27.05-1-2 |
|
31,396,447 |
|
2,700,094 |
|
9,261,500 |
|
6,561,406 |
|
|
600-277.1 |
|
33,899,959 |
|
2,915,396 |
|
10,000,000 |
|
7,084,604 |
|
|
600-277.2 |
|
33,899,959 |
|
2,915,396 |
|
10,000,000 |
|
7,084,604 |
|
|
600-277.3 |
|
33,899,959 |
|
2,915,396 |
|
10,000,000 |
|
7,084,604 |
|
|
600-277.4 |
|
33,899,959 |
|
2,915,396 |
|
10,000,000 |
|
7,084,604 |
|
|
600-277.5 |
|
33,899,959 |
|
2,915,396 |
|
10,000,000 |
|
7,084,604 |
|
|
600-277.6 |
|
33,899,959 |
|
2,915,396 |
|
10,000,000 |
|
7,084,604 |
|
|
600-277.7 |
|
19,011,775 |
|
1,635,013 |
|
4,062,415 |
|
2,427,402 |
|
|
600-324 |
|
3,133,373 |
|
269,470 |
|
924,300 |
|
654,830 |
|
|
000-000 |
|
000,449 |
|
74,343 |
|
255,000 |
|
180,657 |
|
|
Totals |
|
279,599,400 |
|
24,045,548 |
|
80,932,015 |
|
56,886,467 |
|
E-5
2002 Final Assessment
Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
20.16-2-4 |
|
1,015,319 |
|
81,327 |
|
203,750 |
|
122,423 |
|
|
21.17-1-2 |
|
600,720 |
|
48,118 |
|
120,550 |
|
72,432 |
|
|
21.17-1-3 |
|
79,731 |
|
6,386 |
|
16,000 |
|
9,614 |
|
|
21.17-1-4 |
|
107,138 |
|
8,582 |
|
21,500 |
|
12,918 |
|
|
21.17-1-5 |
|
336,363 |
|
26,943 |
|
67,500 |
|
40,557 |
|
|
26.07-4-4 |
|
133,798 |
|
10,717 |
|
26,850 |
|
16,133 |
|
|
26.07-4-5 |
|
18,687 |
|
1,497 |
|
3,750 |
|
2,253 |
|
|
26.07-4-6 |
|
12,707 |
|
1,018 |
|
2,550 |
|
1,532 |
|
|
26.07-5-71 |
|
138,781 |
|
11,116 |
|
27,850 |
|
16,734 |
|
|
26.07-5-72 |
|
79,731 |
|
6,386 |
|
16,000 |
|
9,614 |
|
|
26.08-2-39 |
|
118,350 |
|
9,480 |
|
23,750 |
|
14,270 |
|
|
26.08-3-32 |
|
193,097 |
|
15,467 |
|
38,750 |
|
23,283 |
|
|
26.08-3-33 |
|
77,239 |
|
6,187 |
|
15,500 |
|
9,313 |
|
|
27.05-1-1 |
|
297,245 |
|
23,809 |
|
59,650 |
|
35,841 |
|
|
27.05-1-3 |
|
330,134 |
|
26,444 |
|
66,250 |
|
39,806 |
|
|
27.05-1-4 |
|
125,326 |
|
10,039 |
|
25,150 |
|
15,111 |
|
|
27.05-1-5 |
|
84,714 |
|
6,786 |
|
17,000 |
|
10,214 |
|
|
27.05-2-2 |
|
2,990 |
|
239 |
|
600 |
|
361 |
|
|
27.05-2-3 |
|
6,229 |
|
499 |
|
1,250 |
|
751 |
|
|
27.05-2-4 |
|
24,916 |
|
1,996 |
|
5,000 |
|
3,004 |
|
|
27.05-2-6 |
|
28,224,613 |
|
2,260,792 |
|
5,664,000 |
|
3,403,208 |
|
|
27.09-1-1 |
|
5,980 |
|
479 |
|
1,200 |
|
721 |
|
|
27.09-1-2 |
|
21,926 |
|
1,756 |
|
4,400 |
|
2,644 |
|
|
27.05-1-2 |
|
46,151,528 |
|
3,696,737 |
|
9,261,500 |
|
5,564,763 |
|
|
600-277.1 |
|
49,831,591 |
|
3,991,510 |
|
10,000,000 |
|
6,008,490 |
|
|
600-277.2 |
|
49,831,591 |
|
3,991,510 |
|
10,000,000 |
|
6,008,490 |
|
|
600-277.3 |
|
49,831,591 |
|
3,991,510 |
|
10,000,000 |
|
6,008,490 |
|
|
600-277.4 |
|
49,831,591 |
|
3,991,510 |
|
10,000,000 |
|
6,008,490 |
|
|
600-277.5 |
|
49,831,591 |
|
3,991,510 |
|
10,000,000 |
|
6,008,490 |
|
|
600-277.6 |
|
49,831,591 |
|
3,991,510 |
|
10,000,000 |
|
6,008,490 |
|
|
600-277.7 |
|
27,946,553 |
|
2,238,519 |
|
4,062,415 |
|
1,823,896 |
|
|
600-324 |
|
4,605,934 |
|
368,935 |
|
924,300 |
|
555,365 |
|
|
600-325 |
|
1,270,706 |
|
101,784 |
|
255,000 |
|
153,216 |
|
|
Totals |
|
411,000,000 |
|
32,921,100 |
|
80,932,015 |
|
48,010,915 |
|
E-6
2003 Final Assessment
Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
20.16-2-4 |
|
934,830 |
|
74,880 |
|
203,750 |
|
128,870 |
|
|
21.17-1-2 |
|
553,098 |
|
44,303 |
|
120,550 |
|
76,247 |
|
|
21.17-1-3 |
|
73,410 |
|
5,880 |
|
16,000 |
|
10,120 |
|
|
21.17-1-4 |
|
98,645 |
|
7,901 |
|
21,500 |
|
13,599 |
|
|
21.17-1-5 |
|
309,698 |
|
24,807 |
|
67,500 |
|
42,693 |
|
|
26.07-4-4 |
|
123,191 |
|
9,868 |
|
26,850 |
|
16,982 |
|
|
26.07-4-5 |
|
17,205 |
|
1,378 |
|
3,750 |
|
2,372 |
|
|
26.07-4-6 |
|
11,700 |
|
937 |
|
2,550 |
|
1,613 |
|
|
26.07-5-71 |
|
127,779 |
|
10,235 |
|
27,850 |
|
17,615 |
|
|
26.07-5-72 |
|
73,410 |
|
5,880 |
|
16,000 |
|
10,120 |
|
|
26.08-2-39 |
|
108,968 |
|
8,728 |
|
23,750 |
|
15,022 |
|
|
26.08-3-32 |
|
177,790 |
|
14,241 |
|
38,750 |
|
24,509 |
|
|
26.08-3-33 |
|
71,116 |
|
5,696 |
|
15,500 |
|
9,804 |
|
|
27.05-1-1 |
|
273,682 |
|
21,922 |
|
59,650 |
|
37,728 |
|
|
27.05-1-3 |
|
303,963 |
|
24,347 |
|
66,250 |
|
41,903 |
|
|
27.05-1-4 |
|
115,391 |
|
9,243 |
|
25,150 |
|
15,907 |
|
|
27.05-1-5 |
|
77,998 |
|
6,248 |
|
17,000 |
|
10,752 |
|
|
27.05-2-2 |
|
2,753 |
|
221 |
|
600 |
|
379 |
|
|
27.05-2-3 |
|
5,735 |
|
459 |
|
1,250 |
|
791 |
|
|
27.05-2-4 |
|
22,941 |
|
1,838 |
|
5,000 |
|
3,162 |
|
|
27.05-2-6 |
|
25,987,126 |
|
2,081,569 |
|
5,664,000 |
|
3,582,431 |
|
|
27.09-1-1 |
|
5,506 |
|
441 |
|
1,200 |
|
759 |
|
|
27.09-1-2 |
|
20,188 |
|
1,617 |
|
4,400 |
|
2,783 |
|
|
27.05-1-2 |
|
42,492,897 |
|
3,403,681 |
|
9,261,500 |
|
5,857,819 |
|
|
600-277.1 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.2 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.3 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.4 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.5 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.6 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.7 |
|
25,731,109 |
|
2,061,062 |
|
4,062,415 |
|
2,001,353 |
|
|
600-324 |
|
4,240,802 |
|
339,688 |
|
924,300 |
|
584,612 |
|
|
600-325 |
|
1,169,971 |
|
93,715 |
|
255,000 |
|
161,285 |
|
|
Totals |
|
378,418,254 |
|
30,311,302 |
|
80,932,015 |
|
50,620,713 |
|
E-7
2004
and 2005 Final Assessment Rolls,
Each parcel identification number shall be reduced as follows:
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
20.16-2-4 |
|
934,830 |
|
74,880 |
|
203,750 |
|
128,870 |
|
|
21.17-1-2 |
|
553,098 |
|
44,303 |
|
120,550 |
|
76,247 |
|
|
21.17-1-3 |
|
73,410 |
|
5,880 |
|
16,000 |
|
10,120 |
|
|
21.17-1-4 |
|
98,645 |
|
7,901 |
|
21,500 |
|
13,599 |
|
|
21.17-1-5 |
|
309,698 |
|
24,807 |
|
67,500 |
|
42,693 |
|
|
26.07-4-4 |
|
123,191 |
|
9,868 |
|
26,850 |
|
16,982 |
|
|
26.07-4-5 |
|
17,205 |
|
1,378 |
|
3,750 |
|
2,372 |
|
|
26.07-4-6 |
|
11,700 |
|
937 |
|
2,550 |
|
1,613 |
|
|
26.07-5-71 |
|
127,779 |
|
10,235 |
|
27,850 |
|
17,615 |
|
|
26.07-5-72 |
|
73,410 |
|
5,880 |
|
16,000 |
|
10,120 |
|
|
26.08-2-39 |
|
108,968 |
|
8,728 |
|
23,750 |
|
15,022 |
|
|
26.08-3-32 |
|
177,790 |
|
14,241 |
|
38,750 |
|
24,509 |
|
|
26.08-3-33 |
|
71,116 |
|
5,696 |
|
15,500 |
|
9,804 |
|
|
27.05-1-1 |
|
273,682 |
|
21,922 |
|
59,650 |
|
37,728 |
|
|
27.05-1-3 |
|
303,963 |
|
24,347 |
|
66,250 |
|
41,903 |
|
|
27.05-1-4 |
|
115,391 |
|
9,243 |
|
25,150 |
|
15,907 |
|
|
27.05-1-5 |
|
77,998 |
|
6,248 |
|
17,000 |
|
10,752 |
|
|
27.05-2-2 |
|
2,753 |
|
221 |
|
600 |
|
379 |
|
|
27.05-2-3 |
|
5,735 |
|
459 |
|
1,250 |
|
791 |
|
|
27.05-2-4 |
|
22,941 |
|
1,838 |
|
5,000 |
|
3,162 |
|
|
27.05-2-6 |
|
25,987,126 |
|
2,081,569 |
|
5,664,000 |
|
3,582,431 |
|
|
27.09-1-1 |
|
5,506 |
|
441 |
|
1,200 |
|
759 |
|
|
27.09-1-2 |
|
20,188 |
|
1,617 |
|
4,400 |
|
2,783 |
|
|
27.05-1-2 |
|
42,492,897 |
|
3,403,681 |
|
9,261,500 |
|
5,857,819 |
|
|
600-277.1 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.2 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.3 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.4 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.5 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.6 |
|
45,881,225 |
|
3,675,086 |
|
10,000,000 |
|
6,324,914 |
|
|
600-277.7 |
|
25,731,109 |
|
2,061,062 |
|
4,062,415 |
|
2,001,353 |
|
|
600-324 |
|
4,240,802 |
|
339,688 |
|
924,300 |
|
584,612 |
|
|
600-325 |
|
1,169,971 |
|
93,715 |
|
255,000 |
|
161,285 |
|
|
Totals |
|
378,418,254 |
|
30,311,302 |
|
80,932,015 |
|
50,620,713 |
|
E-8
2006
Final Assessment Rolls,
Each parcel identification number shall be reduced as follows:
|
Tax ID No. |
|
Court Determined |
|
Court Determined |
|
|
20.16-2-4 |
|
3,302,300 |
|
3,302,300 |
|
|
21.17-1-2 |
|
1,953,800 |
|
1,953,800 |
|
|
21.17-1-3 |
|
259,300 |
|
259,300 |
|
|
21.17-1-4 |
|
348,500 |
|
348,500 |
|
|
21.17-1-5 |
|
1,094,000 |
|
1,094,000 |
|
|
26.07-4-4 |
|
435,200 |
|
435,200 |
|
|
26.07-4-5 |
|
60,800 |
|
60,800 |
|
|
26.07-4-6 |
|
41,300 |
|
41,300 |
|
|
26.07-5-71 |
|
451,400 |
|
451,400 |
|
|
26.07-5-72 |
|
259,300 |
|
259,300 |
|
|
26.08-2-39 |
|
384,900 |
|
384,900 |
|
|
26.08-3-32 |
|
628,000 |
|
628,000 |
|
|
26.08-3-33 |
|
251,200 |
|
251,200 |
|
|
27.05-1-1 |
|
966,800 |
|
966,800 |
|
|
27.05-1-3 |
|
1,073,700 |
|
1,073,700 |
|
|
27.05-1-4 |
|
407,600 |
|
407,600 |
|
|
27.05-1-5 |
|
275,500 |
|
275,500 |
|
|
27.05-2-2 |
|
9,700 |
|
9,700 |
|
|
27.05-2-3 |
|
20,300 |
|
20,300 |
|
|
27.05-2-4 |
|
81,000 |
|
81,000 |
|
|
27.05-2-6 |
|
36,637,994 |
|
36,637,994 |
|
|
27.09-1-1 |
|
19,400 |
|
19,400 |
|
|
27.09-1-2 |
|
71,300 |
|
71,300 |
|
|
27.05-1-2 |
|
57,957,962 |
|
57,957,962 |
|
|
622.089-9999-134.200/1001 |
|
39,156,428 |
|
39,156,428 |
|
|
622.089-9999-134.200/1011 |
|
39,156,428 |
|
39,156,428 |
|
|
622.089-9999-134.200/1021 |
|
39,156,428 |
|
39,156,428 |
|
|
622.089-9999-134.200/1031 |
|
39,156,428 |
|
39,156,428 |
|
|
622.089-9999-134.200/1041 |
|
39,156,428 |
|
39,156,428 |
|
|
622.089-9999-134.200/1051 |
|
39,156,428 |
|
39,156,428 |
|
|
622.089-9999-134.200/1061 |
|
34,359,670 |
|
34,359,670 |
|
|
622.003-9999-134.200/1001 |
|
566,457 |
|
566,457 |
|
|
622.003-9999-134.200/2011 |
|
1,562,303 |
|
1,562,303 |
|
|
Totals |
|
378,418,254 |
|
378,418,254 |
|
E-9
EXHIBIT “F”
STONY
POINT FINAL ASSESSMENT ROLLS REDUCTIONS
AND ESTABLISHMENT OF ASSESSED VALUES
2000
Final Assessment Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
10.02-3-17 MH |
|
134,190 |
|
30,099 |
|
50,725 |
|
20,626 |
|
|
10.04-2-10 HM |
|
142,854 |
|
32,042 |
|
54,000 |
|
21,958 |
|
|
10.04-2-11 IF |
|
14,457 |
|
3,243 |
|
5,465 |
|
2,222 |
|
|
10.04-2-12 IV |
|
6,719 |
|
1,507 |
|
2,540 |
|
1,033 |
|
|
10.04-2-13 JR |
|
74,601 |
|
16,733 |
|
28,200 |
|
11,467 |
|
|
10.04-2-14 KK |
|
76,109 |
|
17,071 |
|
28,770 |
|
11,699 |
|
|
10.04-2-15 LD |
|
103,437 |
|
23,201 |
|
39,100 |
|
15,899 |
|
|
10.04-2-16 LW |
|
26,454 |
|
5,934 |
|
10,000 |
|
4,066 |
|
|
10.04-2-17 MP |
|
17,989 |
|
4,035 |
|
6,800 |
|
2,765 |
|
|
10.04-2-18 NI |
|
17,724 |
|
3,976 |
|
6,700 |
|
2,724 |
|
|
10.04-2-19 OB |
|
1,322,719 |
|
296,686 |
|
500,000 |
|
203,314 |
|
|
10.04-2-2 IG |
|
43,385 |
|
9,731 |
|
16,400 |
|
6,669 |
|
|
10.04-2-3 IZ |
|
22,208 |
|
4,981 |
|
8,395 |
|
3,414 |
|
|
10.04-2-4 JS |
|
61,903 |
|
13,885 |
|
23,400 |
|
9,515 |
|
|
10.04-2-5 KL |
|
52,909 |
|
11,867 |
|
20,000 |
|
8,133 |
|
|
10.04-2-6 LE |
|
4,418 |
|
991 |
|
1,670 |
|
679 |
|
|
10.04-2-8 MQ |
|
42,327 |
|
9,494 |
|
16,000 |
|
6,506 |
|
|
10.04-2-9 NJ |
|
29,100 |
|
6,527 |
|
11,000 |
|
4,473 |
|
|
10.04-2-7 LX |
|
211,386,495 |
|
47,413,991 |
|
79,906,020 |
|
32,492,029 |
|
|
Totals |
|
213,580,000 |
|
47,905,994 |
|
80,735,185 |
|
32,829,191 |
|
F-1
2001
Final Assessment Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
10.02-3-17 MH |
|
141,902 |
|
29,700 |
|
50,725 |
|
21,025 |
|
|
10.04-2-10 HM |
|
151,063 |
|
31,618 |
|
54,000 |
|
22,382 |
|
|
10.04-2-11 IF |
|
15,288 |
|
3,200 |
|
5,465 |
|
2,265 |
|
|
10.04-2-12 IV |
|
7,106 |
|
1,487 |
|
2,540 |
|
1,053 |
|
|
10.04-2-13 JR |
|
78,889 |
|
16,511 |
|
28,200 |
|
11,689 |
|
|
10.04-2-14 KK |
|
80,483 |
|
16,845 |
|
28,770 |
|
11,925 |
|
|
10.04-2-15 LD |
|
109,381 |
|
22,893 |
|
39,100 |
|
16,207 |
|
|
10.04-2-16 LW |
|
27,975 |
|
5,855 |
|
10,000 |
|
4,145 |
|
|
10.04-2-17 MP |
|
19,023 |
|
3,981 |
|
6,800 |
|
2,819 |
|
|
10.04-2-18 NI |
|
18,743 |
|
3,923 |
|
6,700 |
|
2,777 |
|
|
10.04-2-19 OB |
|
1,398,734 |
|
292,755 |
|
500,000 |
|
207,245 |
|
|
10.04-2-2 IG |
|
45,878 |
|
9,602 |
|
16,400 |
|
6,798 |
|
|
10.04-2-3 IZ |
|
23,485 |
|
4,915 |
|
8,395 |
|
3,480 |
|
|
10.04-2-4 JS |
|
65,461 |
|
13,701 |
|
23,400 |
|
9,699 |
|
|
10.04-2-5 KL |
|
55,949 |
|
11,710 |
|
20,000 |
|
8,290 |
|
|
10.04-2-6 LE |
|
4,672 |
|
978 |
|
1,670 |
|
692 |
|
|
10.04-2-8 MQ |
|
44,759 |
|
9,368 |
|
16,000 |
|
6,632 |
|
|
10.04-2-9 NJ |
|
30,772 |
|
6,441 |
|
11,000 |
|
4,559 |
|
|
10.04-2-7 LX |
|
223,534,460 |
|
46,785,763 |
|
79,906,020 |
|
33,120,257 |
|
|
Totals |
|
225,854,022 |
|
47,271,247 |
|
80,735,185 |
|
33,463,938 |
|
F-2
2002
Final Assessment Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
10.02-3-17 MH |
|
146,998 |
|
28,459 |
|
50,725 |
|
22,266 |
|
|
10.04-2-10 HM |
|
156,489 |
|
30,296 |
|
54,000 |
|
23,704 |
|
|
10.04-2-11 IF |
|
15,837 |
|
3,066 |
|
5,465 |
|
2,399 |
|
|
10.04-2-12 IV |
|
7,361 |
|
1,425 |
|
2,540 |
|
1,115 |
|
|
10.04-2-13 JR |
|
81,722 |
|
15,821 |
|
28,200 |
|
12,379 |
|
|
10.04-2-14 KK |
|
83,374 |
|
16,141 |
|
28,770 |
|
12,629 |
|
|
10.04-2-15 LD |
|
113,309 |
|
21,937 |
|
39,100 |
|
17,163 |
|
|
10.04-2-16 LW |
|
28,979 |
|
5,610 |
|
10,000 |
|
4,390 |
|
|
10.04-2-17 MP |
|
19,706 |
|
3,815 |
|
6,800 |
|
2,985 |
|
|
10.04-2-18 NI |
|
19,416 |
|
3,759 |
|
6,700 |
|
2,941 |
|
|
10.04-2-19 OB |
|
1,448,971 |
|
280,521 |
|
500,000 |
|
219,479 |
|
|
10.04-2-2 IG |
|
47,526 |
|
9,201 |
|
16,400 |
|
7,199 |
|
|
10.04-2-3 IZ |
|
24,328 |
|
4,710 |
|
8,395 |
|
3,685 |
|
|
10.04-2-4 JS |
|
67,812 |
|
13,128 |
|
23,400 |
|
10,272 |
|
|
10.04-2-5 KL |
|
57,959 |
|
11,221 |
|
20,000 |
|
8,779 |
|
|
10.04-2-6 LE |
|
4,840 |
|
937 |
|
1,670 |
|
733 |
|
|
10.04-2-8 MQ |
|
46,367 |
|
8,977 |
|
16,000 |
|
7,023 |
|
|
10.04-2-9 NJ |
|
31,877 |
|
6,171 |
|
11,000 |
|
4,829 |
|
|
10.04-2-7 LX |
|
231,562,936 |
|
44,830,584 |
|
79,906,020 |
|
35,075,436 |
|
|
Totals |
|
233,965,807 |
|
45,295,780 |
|
80,735,185 |
|
35,439,405 |
|
F-3
2003,
2004, 2005, and 2006 Final Assessment Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Town’s |
|
Court |
|
|
10.02-3-17 MH |
|
143,041 |
|
23,974 |
|
50,725 |
|
26,751 |
|
|
10.04-2-10 HM |
|
152,277 |
|
25,522 |
|
54,000 |
|
28,478 |
|
|
10.04-2-11 IF |
|
15,411 |
|
2,583 |
|
5,465 |
|
2,882 |
|
|
10.04-2-12 IV |
|
7,163 |
|
1,200 |
|
2,540 |
|
1,339 |
|
|
10.04-2-13 JR |
|
79,522 |
|
13,328 |
|
28,200 |
|
14,872 |
|
|
10.04-2-14 KK |
|
81,130 |
|
13,597 |
|
28,770 |
|
15,173 |
|
|
10.04-2-15 LD |
|
110,259 |
|
18,479 |
|
39,100 |
|
20,621 |
|
|
10.04-2-16 LW |
|
28,199 |
|
4,726 |
|
10,000 |
|
5,274 |
|
|
10.04-2-17 MP |
|
19,176 |
|
3,214 |
|
6,800 |
|
3,586 |
|
|
10.04-2-18 NI |
|
18,894 |
|
3,167 |
|
6,700 |
|
3,533 |
|
|
10.04-2-19 OB |
|
1,409,968 |
|
236,311 |
|
500,000 |
|
263,689 |
|
|
10.04-2-2 IG |
|
46,247 |
|
7,751 |
|
16,400 |
|
8,649 |
|
|
10.04-2-3 IZ |
|
23,673 |
|
3,968 |
|
8,395 |
|
4,427 |
|
|
10.04-2-4 JS |
|
65,986 |
|
11,059 |
|
23,400 |
|
12,341 |
|
|
10.04-2-5 KL |
|
56,399 |
|
9,452 |
|
20,000 |
|
10,548 |
|
|
10.04-2-6 LE |
|
4,709 |
|
789 |
|
1,670 |
|
881 |
|
|
10.04-2-8 MQ |
|
45,119 |
|
7,562 |
|
16,000 |
|
8,438 |
|
|
10.04-2-9 NJ |
|
31,019 |
|
5,199 |
|
11,000 |
|
5,801 |
|
|
10.04-2-7 LX |
|
225,329,798 |
|
37,765,274 |
|
79,906,020 |
|
42,140,746 |
|
|
Totals |
|
227,667,990 |
|
38,157,155 |
|
80,735,185 |
|
42,578,030 |
|
F-4
EXHIBIT “G”
HAVERSTRAW
VILLAGE FINAL ASSESSMENT ROLLS
REDUCTIONS AND ESTABLISHMENT OF ASSESSED VALUES
2001 Final Assessment Roll
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
27.05-2-6 |
|
19,200,937 |
|
2,701,572 |
|
8,496,075 |
|
5,794,503 |
|
2002
Final Assessment Roll
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
27.05-2-6 |
|
28,224,613 |
|
3,815,968 |
|
8,496,075 |
|
4,680,107 |
|
2003,
2004, 2005 and 2006 Final Assessment Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
27.05-2-6 |
|
25,987,126 |
|
3,261,384 |
|
8,496,075 |
|
5,234,691 |
|
G-1
EXHIBIT “H”
WEST
HAVERSTRAW VILLAGE FINAL ASSESSMENT ROLLS
REDUCTIONS AND ESTABLISHMENT OF ASSESSED VALUES
1996 Final Assessment Roll
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
600.00-324 |
|
4,487,895 |
|
775,060 |
|
1,450,000 |
|
674,940 |
|
1997
Final Assessment Roll
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
600.00-324 |
|
4,487,895 |
|
772,816 |
|
1,450,000 |
|
677,184 |
|
1998
Final Assessment Roll
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
600.00-324 |
|
4,624,370 |
|
830,537 |
|
1,450,000 |
|
619,463 |
|
1999
Final Assessment Roll
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
600.00-324 |
|
4,917,849 |
|
887,672 |
|
1,450,000 |
|
562,328 |
|
H-1
2000 Final Assessment Roll
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
NOT CHALLENGED |
|
||||||||
2001
Final Assessment Roll
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
26.7-4-4 |
|
91,021 |
|
12,916 |
|
40,300 |
|
27,384 |
|
|
26.7-4-5 |
|
12,712 |
|
1,804 |
|
5,900 |
|
4,096 |
|
|
26.7-4-6 |
|
8,644 |
|
1,227 |
|
4,000 |
|
2,773 |
|
|
26.7-5-71 |
|
94,411 |
|
13,397 |
|
41,650 |
|
28,253 |
|
|
26.7-5-72 |
|
54,240 |
|
7,697 |
|
24,000 |
|
16,303 |
|
|
26.8-2-39 |
|
80,512 |
|
11,425 |
|
37,500 |
|
26,075 |
|
|
26.8-3-32 |
|
131,362 |
|
18,640 |
|
58,100 |
|
39,460 |
|
|
26.8-3-33 |
|
52,545 |
|
7,456 |
|
23,250 |
|
15,794 |
|
|
600.00-324 |
|
3,133,373 |
|
444,626 |
|
1,450,000 |
|
1,005,374 |
|
|
600.00-325 |
|
864,449 |
|
122,665 |
|
400,000 |
|
277,335 |
|
|
Totals |
|
4,523,269 |
|
641,853 |
|
2,084,700 |
|
1,442,847 |
|
2002
Final Assessment Roll
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
26.7-4-4 |
|
133,798 |
|
17,822 |
|
40,300 |
|
22,478 |
|
|
26.7-4-5 |
|
18,687 |
|
2,489 |
|
5,900 |
|
3,411 |
|
|
26.7-4-6 |
|
12,707 |
|
1,693 |
|
4,000 |
|
2,307 |
|
|
26.7-5-71 |
|
138,781 |
|
18,486 |
|
41,650 |
|
23,164 |
|
|
26.7-5-72 |
|
79,731 |
|
10,620 |
|
24,000 |
|
13,380 |
|
|
26.8-2-39 |
|
118,350 |
|
15,764 |
|
37,500 |
|
21,736 |
|
|
26.8-3-32 |
|
193,097 |
|
25,721 |
|
58,100 |
|
32,379 |
|
|
26.8-3-33 |
|
77,239 |
|
10,288 |
|
23,250 |
|
12,962 |
|
|
600.00-324 |
|
4,605,934 |
|
613,510 |
|
1,450,000 |
|
836,490 |
|
|
600.00-325 |
|
1,270,706 |
|
169,258 |
|
400,000 |
|
230,742 |
|
|
Totals |
|
6,649,029 |
|
885,651 |
|
2,084,700 |
|
1,199,049 |
|
H-2
2003
Final Assessment Roll
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
26.7-4-4 |
|
123,191 |
|
9,868 |
|
40,300 |
|
30,432 |
|
|
26.7-4-5 |
|
17,205 |
|
1,378 |
|
5,900 |
|
4,522 |
|
|
26.7-4-6 |
|
11,700 |
|
937 |
|
4,000 |
|
3,063 |
|
|
26.7-5-71 |
|
127,779 |
|
10,235 |
|
41,650 |
|
31,415 |
|
|
26.7-5-72 |
|
73,410 |
|
5,880 |
|
24,000 |
|
18,120 |
|
|
26.8-2-39 |
|
108,968 |
|
8,728 |
|
37,500 |
|
28,772 |
|
|
26.8-3-32 |
|
177,790 |
|
14,241 |
|
58,100 |
|
43,859 |
|
|
26.8-3-33 |
|
71,116 |
|
5,696 |
|
23,250 |
|
17,554 |
|
|
600.00-324 |
|
4,240,802 |
|
339,688 |
|
1,450,000 |
|
1,110,312 |
|
|
600.00-325 |
|
1,169,971 |
|
93,715 |
|
400,000 |
|
306,285 |
|
|
Totals |
|
6,121,932 |
|
490,367 |
|
2,084,700 |
|
1,594,333 |
|
2004, 2005 and 2006 Final Assessment Rolls
Court Ordered Values and Reductions
|
Tax ID No. |
|
Court |
|
Court |
|
Village’s |
|
Court |
|
|
SUBJECT TO HAVERSTRAW ASSESSMENT ROLL |
|
||||||||
H-3
EXHIBIT “I”
FORM OF HAVERSTRAW AND STONY
POINT
STIPULATION OF SETTLEMENT AND ORDER
|
STATE OF NEW YORK |
|
|
|
|
|
|
|
In the Matter of the Application of: |
|
|
|
|
|
|
|
Petitioners, |
|
Index Nos. 4264-04, 4726-05, |
|
|
|
5033-06 |
|
vs. |
|
|
|
|
|
|
|
THE ASSESSOR OF THE TOWN OF HAVERSTRAW, ET AL., |
|
|
|
|
|
|
|
Respondents, |
|
STIPULATION and CONSENT |
|
|
|
|
|
COUNTY OF ROCKLAND and NORTH ROCKLAND CENTRAL |
|
|
|
|
|
|
|
Intervenors-Respondents. |
|
|
|
PRESENT: |
Xxx. Xxxxxx X. Xxxxxxxxx |
|
|
Supreme Court Justice |
WHEREAS, the parties entered into a Settlement Agreement (“Agreement”)(attached hereto as Exhibit “A”), which Agreement the parties agree has been fully complied with;
WHEREAS, the parties seek to dismiss the above-captioned proceedings, with prejudice; and
IT IS THEREFORE STIPULATED, AGREED AND ORDERED, that the above-captioned proceedings are hereby dismissed, with prejudice, with each party to bear its own attorney fees and costs.
FOR: RESPONDENTS and
INTERVENOR-RESPONDENT
North Rockland Central School District
by its attorneys,
I-1
|
XXXXXXXX XXXXXXXX & XXXXX |
||
|
|
|
|
|
By: |
|
|
|
|
Xxxxxxxx X. Xxx |
|
|
|
Xxx Xxxxxxxx Xxxxx |
|
|
|
Xxxxxx, Xxx Xxxx 00000 |
|
|
|
(000) 000-0000 |
|
I-2
|
FOR: |
PETITIONERS |
FOR: |
INTERVENOR-RESPONDENT |
||
|
|
Mirant New York, Inc. |
|
County of Rockland |
||
|
|
Mirant Bowline, LLC |
|
|
||
|
|
by its attorneys |
|
by its attorney, |
||
|
|
|
|
|
||
|
|
XXXXXXX & XXXXXXX, LLP |
|
XXXXXXXX XXXXXX |
||
|
|
|
|
|
||
|
|
|
|
|
||
|
By: |
|
|
|
|
|
|
|
Xxxxxxxx X. Xxxxxxxxx |
|
Fina Del Principio |
||
|
|
00 Xxxxxx Xxxxxx |
|
Principal Assistant County Attorney |
||
|
|
Xxxxxx, Xxx Xxxx 00000 |
|
00 Xxx Xxxxxxxxx Xxxx, 0xx Xxxxx |
||
|
|
(518) 429-4242 |
|
Xxx Xxxx, Xxx Xxxx 00000 |
||
IT IS SO ORDERED.
E N T E R
|
Dated: |
December [ ], 2006 |
|
|
|
|
White Plains, New York |
Xxxxxx X. Xxxxxxxxx |
|
|
|
|
Supreme Court Justice |
|
X-0
|
XXXXX XX XXX XXXX |
|
|
|
|
|
In the Matter of the
Application of: |
|
|
|
|
|
Petitioners, |
|
|
vs. |
STIPULATION and CONSENT ORDER |
|
|
OF DISMISSAL |
|
THE ASSESSOR OF THE TOWN OF STONY POINT, ET AL., |
|
|
Respondents, |
|
|
COUNTY OF ROCKLAND and NORTH ROCKLAND CENTRAL SCHOOL DISTRICT, |
|
|
Intervenors-Respondents. |
Index Nos. 4265/04, 2005-4727,2006-5032 |
|
PRESENT: |
Xxx. Xxxxxx X. Xxxxxxxxx |
|
|
Supreme Court Justice |
WHEREAS, the parties entered into a Settlement Agreement (“Agreement”)(attached hereto as Exhibit “A”), which Agreement the parties agree has been fully complied with;
WHEREAS, the parties seek to dismiss the above-captioned proceedings, with prejudice; and
IT IS THEREFORE STIPULATED, AGREED AND ORDERED, that the above-captioned proceedings are hereby dismissed, with prejudice, with each party to bear its own attorney fees and costs.
|
FOR: |
INTERVENOR-RESPONDENT |
FOR: |
RESPONDENTS |
||
|
|
North Rockland Central School District |
|
by its attorneys |
||
|
|
by its attorneys, |
|
|
||
|
|
XXXXXXXX XXXXXXXX & XXXXX |
|
|
||
|
|
|
|
|
||
|
By: |
|
|
By: |
|
|
|
|
|
|
|
|
|
|
|
Xxxxxxxx X. Xxx |
|
Xxxxxx Xxxxx |
||
|
|
Xxx Xxxxxxxx Xxxxx |
|
|
||
|
|
Xxxxxx, Xxx Xxxx 00000 |
|
|
||
|
|
(000) 000-0000 |
|
|
||
I-4
|
FOR: |
PETITIONERS |
FOR: |
INTERVENOR-RESPONDENT |
||
|
|
Mirant New York, Inc. |
|
County of Rockland |
||
|
|
Mirant Xxxxxx, LLC |
|
|
||
|
|
by its attorneys |
|
by its attorney, |
||
|
|
XXXXXXX & XXXXXXX, LLP |
|
XXXXXXXX XXXXXX |
||
|
|
|
|
|
||
|
|
|
|
|
||
|
By: |
|
|
|
|
|
|
|
Xxxxxxxx X. Xxxxxxxxx |
|
Fina Del Principio |
||
|
|
00 Xxxxxx Xxxxxx |
|
Principal Assistant County Attorney |
||
|
|
Xxxxxx, Xxx Xxxx 00000 |
|
00 Xxx Xxxxxxxxx Xxxx, 0xx Xxxxx |
||
|
|
(518) 429-4242 |
|
Xxx Xxxx, Xxx Xxxx 00000 |
||
IT IS SO ORDERED.
E N T E R
|
Dated: |
December [ ], 2006 |
|
|
|
|
White Plains, New York |
Xxxxxx X. Xxxxxxxxx |
|
|
|
|
Supreme Court Justice |
|
I-5
EXHIBIT “J”
FORM OF HAVERSTRAW VILLAGE
STIPULATION OF SETTLEMENT AND ORDER
|
STATE OF NEW SUPREME COURT ROCKLAND COUNTY |
|
|
In the Matter of: SOUTHERN ENERGY BOWLINE, LLC, MIRANT NEW YORK, INC., MIRANT BOWLINE, LLC, Intervenors/Petitioners, vs. THE ASSESSOR OF THE VILLAGE OF HAVERSTRAW, ET AL., Respondents, |
SETTLEMENT
|
|
PRESENT: |
Xxx. Xxxxxx X. Xxxxxxxxx |
|
|
Supreme Court Justice |
WHEREAS, the above-captioned proceedings were commenced pursuant to Article 7 of the Real Property Tax Law (“RPTL”) by Petitioners, Southern Energy Bowline, LLC, Mirant New York, Inc. and Mirant Bowline, LLC, in the Supreme Court of the State of New York to review the real property tax assessments made by Respondents for each of the years 2001, 2002, 2003, 2004, 2005 and 2006 on premises of Petitioner described on the Village of Haverstraw (“Village”) Final Assessment Rolls as Parcel Number:
|
Tax |
|
|
27.05-2-6 |
|
being the real property (in whole or in part) mentioned and more fully described in the Petitions filed;
J-1
WHEREAS, the parties have entered into a Settlement Agreement (“Agreement”) resolving the above-captioned proceedings, which Agreement is attached hereto as Exhibit “A”, and incorporated herein to the extent that relates to these proceedings;
WHEREAS, it is the intention of the parties and the Court for this Stipulation and Settlement Order (“Stipulation”) to effectuate and implement the terms of said Agreement, such that the terms of the Agreement shall control to the extent that there are any ambiguities or inconsistencies between this Stipulation and the Agreement; and
IT IS THEREFORE STIPULATED, AGREED AND ORDERED, that:
1. The assessments for Petitioner’s real property designated upon the assessment rolls for the Village for each of the years 2001, 2002, 2003, 2004, 2005 and 2006 shall be reduced for tax identification number 27.05-2-6, by year, as follows:
|
|
|
2001 |
|
2002 |
|
2003 |
|
2004 |
|
2005 |
|
2006 |
|
|
Village Assessed Value |
|
8,496,075 |
|
8,496,075 |
|
8,496,075 |
|
8,496,075 |
|
8,496,075 |
|
8,496,075 |
|
|
Court Ordered Assessed Value |
|
2,701,572 |
|
3,815,968 |
|
3,261,384 |
|
3,261,384 |
|
3,261,384 |
|
3,261,384 |
|
See Exhibit G to the Agreement.
2. Respondent assessors or other officers having custody of the assessment or tax rolls of the Village for each of the years 2001, 2002, 2003, 2004, 2005 and 2006 shall forthwith correct and revise the entries for the assessment of this property to reflect the assessment reductions recited by making appropriate notations on said assessment rolls.
3. Petitioner shall recover from the Village for using each of the 2001, 2002 and 2003 final assessment rolls of said Village to levy taxes, the various principal amounts paid to such taxing entities as and for excess taxes for each of the said 2001, 2002 and 2003 years, which results from
J-2
the difference between the ordered final assessment (as set forth above for each of the said years of 2001, 2002 and 2003) and the Village’s stated assessment for the above-described tax identification number for each of the years 2001, 2002 and 2003 (or other levying period for which each of the 2001, 2002 and 2003 final assessment rolls were used).
4. Notwithstanding the provisions of RPTL § 726, paragraph 6, above, and the reductions set forth in paragraph 1, above, the total refunds to be paid to Petitioners shall be $1,800,000, provided such refunds are paid no later than the Payment Date, as defined in the Agreement. If said refunds are not so paid or caused to be paid pursuant to Section 5 of the Agreement, then refunds shall be determined and paid pursuant to Real Property Tax § 726. Such payment shall be wired to: Mirant Bowline, LLC, 0000 Xxxxxxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx 00000, or shall be offset or redirected as set forth in Section 5 of the Agreement.
5. To the extent of any taxes owed for each of the tax years 2004, 2005 and 2006 relative to levies made by the Village (“Unpaid Real Property Taxes”), said taxes (including interest, penalties, charges, fees or other costs) are hereby discharged and waived by the Village as against Petitioners. Such Unpaid Real Property Taxes shall be paid or otherwise caused to be paid pursuant to Section 5 of the Agreement.
6. To the extent that the Village is required to make any payments to the County of Rockland, relative to the 2004, 2005 and 2006 tax years (applying the Town of Haverstraw assessment rolls for each of the years 2003, 2004 and 2005, respectively), the Village shall make said payments and shall not seek contribution or other payment from Petitioners for the same.
7. It is specifically agreed between the parties that this Stipulation, any portion thereof, as well as all facts pertaining to the negotiation and execution of this Stipulation shall be inadmissible in any subsequent action or proceeding before any court of law or administrative body
J-3
for any purpose, except that this Stipulation and its provisions shall be admissible in any action or proceeding for enforcement of its provisions.
8. This Stipulation shall be deemed as benefiting the Village in any pending tax certiorari proceeding between the parties.
9. The parties represent that the individuals executing this Stipulation have been fully authorized by their respective clients to enter into this Stipulation with full and binding effect upon their clients, the parties to this proceeding.
10. This Stipulation is the full, final and complete Stipulation and it supersedes any prior oral or written agreement between the parties. Specifically, the parties are entering into this Stipulation in order to save litigation expenses that would be sustained if the issues herein could not be resolved amicably.
11. This Stipulation may not be modified except by a subsequent writing signed by the authorized representative of all the parties to this Stipulation and approved by the Court.
12. If any provision of this stipulation of settlement, or the Order prepared in accordance herewith, shall be determined to be invalid, illegal, null or void, or unenforceable to any extent, the remainder of this Stipulation of Settlement and its application shall not be affected and shall
be enforceable to the fullest extent permitted by law.
IT IS FURTHER ORDERED, that RPTL § 727 is not applicable to and/or is otherwise waived with respect to any assessment rolls not covered by this Stipulation and, more specifically, with respect to any final assessment rolls of Haverstraw or Stony Point for the year 2007, or thereafter.
J-4
IT IS FURTHER ORDERED, that this Court will retain jurisdiction for any disputes arising out of this Stipulation and any instruments executed by the parties in furtherance thereof.
IT IS FURTHER ORDERED, that this Stipulation is intended to effectuate and implement the terms of the Agreement, and thereby, the terms of the Agreement shall control; and
IT IS FURTHER STIPULATED AND ORDERED, that the above captioned proceedings are hereby discontinued, except that Petitioner may re-open the proceedings for the sole purpose of enforcing this Order, and for such other and further relief as the Court may deem appropriate.
|
FOR: |
PETITIONER, |
FOR: |
RESPONDENTS |
||
|
|
Mirant Bowline, LLC |
|
Village of Haverstraw, |
||
|
|
by their attorneys |
|
by their attorneys |
||
|
|
XXXXXXX & XXXXXXX, LLP |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
By |
|
|
By |
|
|
|
|
Xxxx X. Xxxxxxx |
|
Xxx Xxxx |
||
|
|
00 Xxxxxx Xxxxxx |
|
|
||
|
|
Xxxxxx, Xxx Xxxx 00000 |
|
|
||
IT IS SO ORDERED.
E N T E R
|
Dated: |
|
, 0000 |
|
|
|
|
|
Xxxxx Xxxxxx, Xxx Xxxx |
|
Xxxxxx X. Xxxxxxxxx |
||
|
|
Justice of the Supreme Court |
||||
J-5
EXHIBIT “K”
FORM OF WEST HAVERSTRAW VILLAGE
STIPULATION OF SETTLEMENT AND ORDER
|
STATE OF NEW |
ROCKLAND COUNTY |
|
|
|
In the Matter of: Intervenors/Petitioners,
vs.
THE ASSESSOR OF THE VILLAGE OF WEST HAVERSTRAW, ET AL., Respondents, |
|
STIPULATION AND ORDER OF
Index Nos.2346/96, 2446-97, 2394-98, 2395-98, 2396-98, 2397-98, 2398-98, 2308-99, 2061-01, 2343-02 |
|
PRESENT: Xxx. Xxxxxx X.
Xxxxxxxxx
Supreme Court Justice
WHEREAS, Orange & Rockland Utilities, Inc. (“O&R”) commenced tax certiorari proceedings in the New York Court to review the assessments on certain of its real properties located in the Village of West Haverstraw (“Respondents” or “West Haverstraw Village”) as set forth on the 1996, 1997, 1998, and 1999 final assessment rolls of West Haverstraw Village (the “1996 – 1999 West Haverstraw Village Proceedings”) and identified as tax identification number 600-324;
WHEREAS, Southern Energy Bowline, LLC (which is now known as Mirant Bowline, LLC following a name change) or its predecessor subsequently purchased from O & R the property that was the subject of the petitions in the 1996 – 1999 West Haverstraw Village Proceedings, which properties are identified as Parcel Nos.
K-1
|
Tax |
|
26.7-4-4 |
|
26.7-4-5 |
|
26.7-4-6 |
|
26.7-5-71 |
|
26.7-5-72 |
|
26.8-2-39 |
|
26.8-3-32 |
|
26.8-3-33 |
|
600-324 |
|
600-325 |
(“Bowline Facility”);
WHEREAS, Mirant New York, Inc. and/or Mirant Bowline, LLC commenced tax certiorari proceedings to review the assessments on the Bowline Facility relating to West Haverstraw Village’s 2001 and 2002 final assessment rolls (the “2001 – 2002 West Haverstraw Village Proceedings” and together with the 1996 – 1999 West Haverstraw Village Proceedings, the “West Haverstraw Village Proceedings”);
WHEREAS, the parties have entered into a Settlement Agreement (“Agreement”) resolving the above-captioned proceedings, which Agreement is attached hereto as Exhibit “A”, and incorporated herein to the extent that it relates to these proceedings;
WHEREAS, it is the intention of the parties and the Court for this Stipulation to effectuate and implement the terms of said Agreement, such that the terms of the Agreement shall control to the extent that there are any ambiguities or inconsistencies between this Stipulation and the Agreement; and
WHEREAS, the above-captioned proceedings were commenced pursuant to Article 7 of the Real Property Tax Law, and the parties have reached an agreement for compromise and settlement of all proceedings referred to herein, and the parties having entered into this Stipulation
K-2
of Settlement and Order (“Stipulation”), by and through their attorneys, setting forth the terms of such agreement for compromise and settlement:
IT IS THEREFORE STIPULATED, AGREED AND ORDERED, that:
1. The assessments for Petitioner’s real property designated upon the assessment rolls of the Village for each of the years 1996, 1997, 1998 and 1999 shall be reduced for the following tax identification number as follows:
|
Tax Id. No. |
|
1996 |
|
1997 |
|
1998 |
|
1999 |
|
|
Village Assessed Value |
|
1,450,000 |
|
1,450,000 |
|
1,450,000 |
|
1,450,000 |
|
|
Court Ordered Assessed Value |
|
775,060 |
|
772,816 |
|
830,537 |
|
887,672 |
|
See Exhibit H to the Agreement.
2. The assessments for Petitioner’s real property designated upon the assessment roll for the Village for the year 2001 by the following tax identification numbers be and the same are reduced as follows:
|
Tax Id. |
|
Village |
|
Court Ordered |
|
Court |
|
|
26.7-4-4 |
|
40,300 |
|
91,021 |
|
12,916 |
|
|
26.7-4-5 |
|
5,900 |
|
12,712 |
|
1,804 |
|
|
26.7-4-6 |
|
4,000 |
|
8,644 |
|
1,227 |
|
|
26.7-5-71 |
|
41,650 |
|
94,411 |
|
13,397 |
|
|
26.7-5-72 |
|
24,000 |
|
54,240 |
|
7,697 |
|
|
26.8-2-39 |
|
37,500 |
|
80,512 |
|
11,425 |
|
|
26.8-3-32 |
|
58,100 |
|
131,362 |
|
18,640 |
|
|
26.8-3-33 |
|
23,250 |
|
52,545 |
|
7,456 |
|
|
600-324 |
|
1,450,000 |
|
3,133,373 |
|
444,626 |
|
|
000-000 |
|
000,000 |
|
864,449 |
|
122,665 |
|
|
Totals |
|
2,084,700 |
|
4,523,271 |
|
641,852 |
|
K-3
See Exhibit H to the Agreement.
3. The assessments for Petitioner’s real property designated upon the assessment roll for the Village for the year 2002 by the following tax identification numbers be and the same are reduced as follows:
|
Tax Id. |
|
Village |
|
Court Ordered |
|
Court |
|
|
26.7-4-4 |
|
40,300 |
|
133,798 |
|
17,822 |
|
|
26.7-4-5 |
|
5,900 |
|
18,687 |
|
2,489 |
|
|
26.7-4-6 |
|
4,000 |
|
12,707 |
|
1,693 |
|
|
26.7-5-71 |
|
41,650 |
|
138,781 |
|
18,486 |
|
|
26.7-5-72 |
|
24,000 |
|
79,731 |
|
10,620 |
|
|
26.8-2-39 |
|
37,500 |
|
118,350 |
|
15,764 |
|
|
26.8-3-32 |
|
58,100 |
|
193,097 |
|
25,721 |
|
|
26.8-3-33 |
|
23,250 |
|
77,239 |
|
10,288 |
|
|
600-324 |
|
1,450,000 |
|
4,605,934 |
|
613,510 |
|
|
000-000 |
|
000,000 |
|
1,270,706 |
|
169,258 |
|
|
Totals |
|
2,084,700 |
|
6,649,029 |
|
885,651 |
|
See Exhibit H to the Agreement.
4. The assessments for Petitioner’s real property designated upon the assessment rolls for the Town of Haverstraw for the year 2002 by the following tax identification numbers be and the same are reduced as follows (which rolls were used by the Village of West Haverstraw for its 2003 Village tax levy that Petitioner fully paid):
|
Tax Id. |
|
Village |
|
Court Ordered |
|
Court |
|
|
26.7-4-4 |
|
40,300 |
|
123,191 |
|
9,868 |
|
|
26.7-4-5 |
|
5,900 |
|
17,205 |
|
1,378 |
|
|
26.7-4-6 |
|
4,000 |
|
11,700 |
|
937 |
|
|
26.7-5-71 |
|
41,650 |
|
127,779 |
|
10,235 |
|
|
26.7-5-72 |
|
24,000 |
|
73,410 |
|
5,880 |
|
|
26.8-2-39 |
|
37,500 |
|
108,968 |
|
8,728 |
|
|
26.8-3-32 |
|
58,100 |
|
177,790 |
|
14,241 |
|
|
26.8-3-33 |
|
23,250 |
|
71,116 |
|
5,696 |
|
|
600-324 |
|
1,450,000 |
|
4,240,802 |
|
339,688 |
|
|
000-000 |
|
000,000 |
|
1,169,971 |
|
93,715 |
|
|
Totals |
|
2,084,700 |
|
6,121,932 |
|
490,367 |
|
K-4
See Exhibits E and H to the Agreement.
5. Respondent assessors or other officers having custody of the assessment rolls of the Village for each of the years 1996, 1997, 1998, 1999, 2001, and 2002 shall forthwith correct and revise the entries for the assessment of this property to reflect the assessment reductions herein recited by making appropriate notations thereon.
6. Petitioners shall recover from the Village for using each of the 1996, 1997, 1998, 1999, 2001, and the 2002 final assessment or tax rolls of said Village to levy taxes (and the 2002 final assessment rolls of the Town of Haverstraw), the various principal amounts paid to the Village as and for excess taxes for each of the said 1996, 1997, 1998, 1999, 2001, 2002 and 2003 tax years, which results from the difference between the ordered final assessment or tax roll (as set forth above for each of the said years of 1996, 1997, 1998, 1999, 2001 and 2002) and the Village’s (or Town’s) stated assessment for the above-described tax identification number for each of the years 1996, 1997, 1998, 1999, 2001, 2002 and 2002 Town of Haverstraw rolls (or other levying period for which each of the 1996, 1997, 1998, 1999, 2001, and 2002 final assessment rolls were used), except as limited herein.
7. Notwithstanding the provisions of RPTL § 726, paragraph 6, above, and the reductions set forth in paragraphs 1 through 4, above, the total refunds to be paid to Petitioners shall be $200,000, provided such refunds are paid no later than the Payment Date, as set forth in the
K-5
Agreement. If said refunds are not so paid or caused to be paid pursuant to Section 5 of the Agreement, then refunds shall be determined and paid pursuant to Real Property Tax § 726. Such payment shall be wired to: Mirant Bowline, LLC, 0000 Xxxxxxxxx Xxxxxx Xxxx, Xxxxxxx, Xxxxxxx 00000, or shall be offset or redirected as set forth in Sections 4 and 5 of the Agreement.
8. To the extent of any taxes owed by Petitioners for each of the tax years 2004, 2005 and 2006 relative to levies made by the Village (“Unpaid Real Property Taxes”), such Unpaid Real Property Taxes (including interest, penalties, charges, fees or other costs) shall be paid or otherwise caused to be paid pursuant to Sections 4 and 5 of the Agreement.
9. To the extent that the Village is required to make any payments to the County of Rockland, relative to the 2004, 2005 and 2006 tax years (applying the Town of Haverstraw assessment rolls for each of the years 2003, 2004 and 2005, respectively), over and above those Unpaid Real Property Taxes to be paid or caused to be paid by Petitioners in accordance with paragraph 8 above, the Village shall make said payments and shall not seek contribution or other payment from Petitioners for the same.
10. Any portion of this Stipulation, as well as all facts pertaining to the negotiation and execution of this Stipulation shall be inadmissible in any subsequent action or proceeding before any court of law or administrative body for any purpose, except that this Stipulation and its provisions shall be admissible in any action or proceeding for enforcement of its provisions.
11. This Stipulation is deemed to benefit the Village in any pending tax certiorari proceeding between the parties.
12. The parties hereto represent that the individuals executing this Stipulation have been fully authorized by their respective clients to enter into this Stipulation with full and binding effect upon their clients, the parties to this proceeding.
K-6
13. This Stipulation is the full, final and complete Stipulation and this Stipulation supersedes any prior oral or written agreement between the parties. Specifically, the parties are entering into this Stipulation in order to save litigation expenses that would be sustained if the issues herein could not be resolved amicably.
14. This Stipulation may not be modified except by a subsequent writing signed by the authorized representative of all the parties to this Stipulation and approved by the Court.
IT IS FURTHER ORDERED, that RPTL § 727 is not applicable to and/or is otherwise waived with respect to any assessment rolls not covered by this Stipulation and, more specifically, with respect to any final assessment rolls of Haverstraw or Stony Point for the year 2007, or thereafter.
IT IS FURTHER ORDERED, that this Court will retain jurisdiction for any disputes arising out of this Stipulation and any instruments executed by the parties in furtherance thereof.
IT IS FURTHER ORDERED, that this Stipulation is intended to effectuate and implement the terms of the Agreement, and thereby, the terms of the Agreement shall control.
IT IS FURTHER ORDERED, that the above captioned proceedings are hereby discontinued, except that Petitioner may re-open the proceedings for the sole purpose of enforcing
K-7
this Order, and for such other and further relief as the Court may deem appropriate.
|
FOR: |
PETITIONER, |
FOR: |
RESPONDENTS |
||
|
|
Mirant Bowline, LLC |
|
Village of West Haverstraw, |
||
|
|
by their attorneys |
|
by their attorneys |
||
|
|
XXXXXXX & XXXXXXX, LLP |
|
|
||
|
|
|
|
|
||
|
|
|
|
|
||
|
By |
|
|
By |
|
|
|
|
Xxxx X. Xxxxxxx |
|
Xxxx X. Xxxxxxx |
||
|
|
00 Xxxxxx Xxxxxx |
|
|
||
|
|
Xxxxxx, Xxx Xxxx 00000 |
|
|
||
IT IS SO ORDERED.
E N T E R
|
Dated: |
December , 0000 |
|
|
|
|
Xxxxx Xxxxxx, Xxx Xxxx |
Xxxxxx X. Xxxxxxxxx |
|
|
|
|
Justice of the Supreme Court |
|
K-8
EXHIBIT “L”
REFUND AND BACK TAX AMOUNTS
|
|
|
Mirant |
|
Mirant |
|
Mirant |
|
Mirant |
|
|
|
|||||
|
Tax |
|
Bowline |
|
Bowline |
|
Xxxxxx |
|
Xxxxxx |
|
HVG |
|
|||||
|
Jurisdiction |
|
Refunds |
|
Back Taxes |
|
Refunds |
|
Back Taxes |
|
Back Taxes |
|
|||||
|
Haverstraw |
|
$ |
17,155,375 |
|
$ |
9,469,186 |
|
NA |
|
NA |
|
$ |
168,001 |
|
||
|
Stony Point |
|
NA |
|
NA |
|
$ |
4,324,180 |
|
$ |
7,505,263 |
|
NA |
|
|||
|
Haverstraw Village |
|
1,800,000 |
|
1,389,377 |
|
NA |
|
NA |
|
NA |
|
|||||
|
West Haverstraw Vill. |
|
200,000 |
|
160,249 |
|
NA |
|
NA |
|
87,696 |
|
|||||
|
School District |
|
113,570,719 |
|
57,418,414 |
|
17,617,378 |
|
34,228,300 |
|
1,241,804 |
|
|||||
|
County |
|
7,149,230 |
|
2,082,298 |
|
946,518 |
|
1,135,064 |
|
38,568 |
|
|||||
|
Co. Solid Waste Auth. |
|
430,560 |
|
184,761 |
|
66,537 |
|
103,134 |
|
3,591 |
|
|||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|||||
|
Total |
|
$ |
140,305,884 |
|
$ |
70,704,285 |
|
$ |
22,954,613 |
|
$ |
42,971,760 |
|
$ |
1,539,660 |
|
|
Aggregate Refunds: |
|
$ |
163,260,497 |
|
|
|
|
|
|
|
|
Aggregate Back Taxes: |
|
$ |
115,215,705 |
|
L-1
