JOHNSTOWN - Fulton County is suing the Crossroads Incubator Corp. for nonpayment of $73,850 owed to the county as part of a payment-in-lieu-of-taxes agreement the CIC had with former Johnstown Industrial Park tenant Finkle Distributors.
The board began legal action for the delinquent PILOT payment for property at 160 Enterprise Road. Supervisors say the CIC - a real estate corporation under the umbrella of the Center for Regional Growth - owes a 2010 payment.
"CIC entered into this pilot agreement and is responsible," said county Administrative Officer Jon Stead.
A county Board of Supervisors resolution states the county is starting legal action because "all previous efforts" by County Treasurer Terry Blodgett "to recover said payments have been unsuccessful."
Stead said he believes the CIC's PILOT agreement with Finkle was over by 2011.
Finkle Distributors filed for bankruptcy and was sold to the California-based Core-Mark Holding Co. in August 2010 and vacated the 113,000-square-foot facility. Finkle is now known as FDI Holdings,
Finkle didn't make an expected 2010 payment in lieu of taxes, and the CIC filed a lawsuit in February 2011 against the former distributor for the unpaid money.
According to court papers in the county clerk's office, CIC issued a summons to FDI Holdings on Feb. 3, 2011, but no other court action has progressed.
CRG President and Chief Executive Officer Michael Reese said Monday his agency is aware it is late in paying Finkle's delinquent payment to the county.
"The building has been [largely] empty for some time since Finkle moved out," he said.
Reese said Michigan-based Internet auctioneer Orbitbid.com continues to rent about 30,000 square feet of the former Finkle building.
He said the CRG is trying to make the PILOT agreement "current."
Michael Anich covers Johnstown and Fulton County news. He can be reached at firstname.lastname@example.org.