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!!!!!!
