The following article is reprinted, with permission, from Columbia PA Online and pinpoints what might be the elusive "escape clause" in Columbia Borough Council's contract with the Columbia Historic Market House Trust. As stated in the article, the Trust has allegedly violated the conditions enunciated in the contract. If that is the case, the Borough has the right to terminate its agreement with the Trust.
Therefore, the urgent and pressing question hanging ponderously over our heads is:
Why hasn't this been done?
Read This and tell me how it sounds to you……
by Paul Miles
Back in February, Borough Council asked the trust to get a copy of a few things and to get insurance and also create a code of ethics. The trust handed in one thing and did not do the rest of it. When it was asked for by the citizens of the Borough back in March & April & May & June & July & August & September & October and OOh yes, November too!... and at the special meeting held earlier this week….. NOTHING! Why is there no compliance? Now upon receiving a copy of the contract between the Borough and the Trust, please review the section in there that pertains to such things. Also, NOTE no names are given… therefore, the TRUST is not locked in by names, just the group called Trust. We have an out clause and yet the solicitor said, NOT!! You be the judge!!
It is section 12.0 EVENTS DEFAULTS AND REMEDIES,
12.1 An event of default by TRUST shall occur hereunder if:
(a) TRUST fails in any material respect to comply promptly and diligently with any provision of this Agreement and such failure remains uncorrected for forty-five (45) days after receipt of written notice thereof; or
(b) TRUST makes an assignment for the benefit of creditors, files bankruptcy, voluntary applies for protection under any bankruptcy or insolvency laws, or is adjudicated as bankrupt.
12.2 An event of default of OWNER shall occur hereunder if OWNER fails any material respect to comply promptly and diligently with any provision of this Agreement and such failure is uncorrected in forty-five (45) days after receipt of written notice thereof.
12.3 FAILURE TO CURE: Should defaulting party fail to cure within the appropriate time frame, the party not in default shall thereupon have the right to TERMINATE this Agreement by giving written notice to defaulting party, and specifying the effective date of termination. Further, the event of uncured breach by TRUST, OWNER shall have the right to regain operational and other such possession and control of the Market and all accounts established by the TRUST pursuant to this Agreement for whatever reason subsequent disposition it deems appropriate. In doing so, OWNER shall incur no duties or obligations to TRUST.
The TRUST has broken the FAILURE TO CURE rule many, many times, and the Borough solicitor says the Borough can NOT do anything about it. How's this make him look?????
Just so you are aware - the 45 day clause exceeded months ago!!!!!!
12 comments:
Lancaster's central market is huge in comparison to Columbia's market. Council only needed to hire a manager, not a team. What a waste of time and money. Is anything really that much better?
No, it's worse.
Columbia's market ran so much smoother and a lot better when it was just the market committee and Carmen the market manager. Why did they have to screw that up? That market was booming and people were happy to be there and hang out and shop.
Being a market shopper for years seeing the way it was and the way it is now I will never set foot back in there again, The market trust is a joke and they should be ashamed of themselves.
Actually, the Central Market Has a Trust. Its a large number of volunteers. I do not know the actual count of members on the their Trust, but I believe its close to 20! They also have several other volunteers signed to special duties. It has it flaws just like everything else, but its not a devastation level that causes the eye of the newspapers.
Carmen
Can the Trust actually provide a list of what they have done to improve the market since they were formed? There have been lists circulating of all the problems generated from those outside the Trust.
I'd like to see it.
The whole enterprise is becoming the laughing-stock of the county.
Their volunteers are probably better behaved.
I could see a larger market benefiting from a Trust. Just seems silly at such a small level. And to the Columbia Trust: It's only a volunteer position, like you told Carmen, move on with your life and volunteer somewhere else.
Yes, they could benefit from their own advice.
Like who told Carmen to move on with her Life and volunteer some where else? No one on here did that. That was said by a trust member in a rehearsed dramatic speech that was fake as hell with bouncing and hands flying while talking like a kindergartner, if they were given Oscars out for speeches and dramatic scenes she may have been close to getting one.That lady has NO clue what is going on she only has been on the trust maybe a month, but I will say this " If she has a CLUE to what is going on then you know you need to PAY Carmen the money she is owed"!!!!! Then she might leave you alone(which I think would be a dumb idea because everything you trust people do needs to be made public because you are ignorant people.
The Trust needs to pay Carmen what she is owed and let her get on with her life. If they did so, they would begin to get some of the respect that they currently demand.
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