HomeMy WebLinkAbout1995-02-27 95-129 ORDERCOUNCIL ACTION tem No. 9s—i29
Date
Item/Subject: Directing City solicitor to initiate Eviction
Proceedings -- Removal of Century Arms, Inc.
Responsible Department:
This item has been prepared at the request of Councilor Baldacci.
It would direct the City Solicitor to begin eviction proceedings
against Century Arms, Inc., which currently occupies space in the
City's business incubator facility in Foreign Trade Zone #58. The
status of Banair Corporation's efforts to remove Century Arms, Inc.
as a hold -over tenant in Foreign Trade Zone #58 are reflected i
the statement of Fact included in theproposed Order, and i
a
letter dated January 27, 1995 from attorney Stephen J. Leahy,
representing Century Arms, Inc., to Stephen Bolduc, eanair
Corporation's Executive Manager. A copy Of Mr. Leahy's letter i
attached. Century Arms, Inc. currently has outstanding invoices
totalling $1,588.08 0£ which $112.00 is overdue.
City Manager
Associated Information: Order, Correspondence
Budget Approval:
Finance Director
Legal Approval: Ihii ilsM will /tyoi/C
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Introdd For
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First Reading
Referral Page of
Depaitt
Head'
Manager's
Comments:
City Manager
Associated Information: Order, Correspondence
Budget Approval:
Finance Director
Legal Approval: Ihii ilsM will /tyoi/C
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Introdd For
�L Passage
First Reading
Referral Page of
95-129
Amtlgul to CouwJw Baldacci February 27, 1995
CITY OF BANGOR
(TITLE) (9rUr n cling Crty solicit I c,r to Initiate a I v 11 ret ion
Proceedings -- Removal of Century Arms, Inc.
BY Ad City Cuu lda of as Guy ofBaper.
ORDERED,
THAT the City Solicitor is hereby directed to initiate
fiction proceedings to expel Century Arms, Ino: from its occupancy
of space in Foreign Trade Zone q58.
Statement of Fact: Century Arms, Inc. currently occupies 3,000
square feet of floor space in the City ofBangor'sbusiness
incubator facility located in Foreign Trade zone p58 at Bangor
International Airport. Century Arms, Inc. occupies the space a
a
hold -over tenant under a lease with the Banair Corporation, which
expired on May 31, 1999. Banair leases the entire facility from
the City of Bangor. Following a decision by the Banair Board of
Directors not to renew the Century Arms lease, and at theurgingof
the City Council, Banair Corporation gave a written notice to quit
to Century Arms., Inc. on January 3, 1995, directing Century Arms,
Inc. to vacate the premises by January 31, 1995. Century Arms has
failed to comply with that notice. -
IN CITY COUNCIL
February 27, 1995
Motion to Introduce Under
Suspension of Rules
Motion Seconded
Vote: 8 Yes
Councilors Voting Yea:
Baldacci, Blanchette, Cohen,
Frankel, Popper,. Soucy,
Sullivan 6 Tyler
MOC1on for Passage
Motion Seconded
Vote: 4 Yes, 4 No
Councilors Voting Yes:
Saldaccl, Cohen, Frankel 6 Popper
Councilors Voting No;
Blanchette, Soucy, Sullivan 6 'Tyler
Order Failed Passage
95-129
O RUER
Title,
}:j.}Fctjpg C}[y, Bojjpjt . to, IlytAMIs.
Eviction Proceedings - Removal of Century
Arms, Inc
bigna to
.........:......1.....................
Councilmen
. RECENE I '<O! "s (11995
LEAHY 8 WARD
ATNRNBn AT LAW
63 COMMERCIAL WHARF
�&WIUSZTTS 02111
617 712 85W,
January 37, 1995
Mr. Stephen Bolduc
Executive Manager
BANAIR Corporation
Economic Development Dept.
Bangor city Ball "
Bangor, Maine 04401
Re: Century Arms, Inc.
Dear Mr. Bolduc:
This firm represents Century Arms, Inc. (Century) in
matters relating to Customs, tariff and international trade.
This office is in receipt of your letter dated January 1,
1995, in which you indicate that if Century has not vacated
the Bangor Foreign Trade Zone No. 58 by January 31, 1995,
Century will he in default of its status as a hold over
tenant and BANAIR will proceed to Cancel its agreement with
Century in its entirety.
As you have previously discussed with George Semaon,
General Manager of Century, the.marchandise stored in the
foreign trade zone is of a sensitive nature. The movement of
the merchandise Is covered by regulations issued by both the
O.S. Customs Service and the Bureau of Alcohol, Tobacco S
Firearms (BATF). As such, Century must await approval by
these two agencies before finalizing plans for any movement
of the goods.
At this time, it is my understanding that Customs has
approved the Foreign Trade Zone in Champlain, New York, where
the goods are to be shipped. This approval has been made
both at the local Customs field office and at Customs
Headquarters in Washington, D.C. Century has also submitted
permit applications to BATF for permission to move the
merchandise. With the approval by Customs of the new Foreign
Trade Zone, it is anticipated that BATF will take prompt
action on the permit applications. However, Century is
prohibited by federal law from moving the merchandise until
these permit applications are approved.
You should he advised that Century will take all
necessary measures to ensure that prompt action is undertaken
by BATF to approve these permits. However, werequest your
patience in this matter, recognizing that Me delay is not
due to any intransigence or inaction on the part of Century
but due to the regulatory requirements of two government law
enforcement agencies.
I trust this clarifies century's position. We recognize
the desire of BARAIR to he" Century vacate the premises and
would like to work with BANAIR to accomplish this at the
earliest possible time. Therefore, should you feel
additional action should be undertaken by Century, I would
appreciate hearing from you on this matter. otherwise we
will advise you as soon as we are aware of the approval of
the permit applications and permission to move the
merchandise. Thabk you for your attention to this matter.
sincerely,
Isahy& Ward
1
BY! StePhen S. leaby
L;1ELI
; Do CORPORATION
• BANGOR AIRPORT CIVIC DEVELOPMENT CORPORATION
Go Ecuromlc Dndwmam Dewnmm
Benear tlry Hall
Banes,, Maine Weil
Memorandum
Toe Nembere of the City Council and City Manager
From: Stephen A. Bolduc, Executive Manager
Date: February 27, 1995
Subjects Tenancy of Century Aima, Inc. in Bangor Foreign Trade
Zona t58
This memorandum will update the comments of the City Solicitor
regarding the council order to initiate eviction proceedings for
the removal of Century Arnie, Inc.
AS of today, Century Arms", Inc. i6 Current in their account with
Bil Corporation. An invoice in the, amount of $654.00 has been
issued but is not overdue.
War the last several months and as recently as last week,
Century Arms, Inc. has continued to ship merchandise from the
Poreign Trade Zone. Although the company has not received
approval to ship their entire inventory, their stock has been
significantly reduced.
SAB/jP
OPERATOR OF BANGOR FOREIGN TRADE ZONE NO. 58
hone: (20])94)-0842 TELEX: EANAIR 850007