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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 A 9cs�fnjjon P /v Us * ke eoncrlie on f dreey 4A9 SaetxnziaA 4 11• N4S Ar �j,)�dr�last rry✓iK5 a ala vole i6 ua�rg� City solicitor Introdd For �L Passage 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 A 9cs�fnjjon P /v Us * ke eoncrlie on f dreey 4A9 SaetxnziaA 4 11• N4S Ar �j,)�dr�last rry✓iK5 a ala vole i6 ua�rg� City solicitor 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