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ORDINANCE AMENDING ORDINANCE 6PSF-G, ADOPTED June 2, 2021, AND AUTHORIZING THE MAYOR AND/OR HER DESIGNEE, THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND COMMUNITY WELLNESS, TO ENTER INTO AND EXECUTE AN AMENDED LEASE AGREEMENT AMENDING THE NAME OF THE LANDLORD FROM URBAN RENEWAL, LLC, TO CATHOLIC CHARITIES ARCHDIOCES OF NEWARK FOR THE LEASE OF THE PREMISE COMMONLY KNOWN AS A RESIDENTIAL HOMELESS SHELTER AND ASSOCIATED OFFICE SPACE AT THE FORMER MILLER STREET SCHOOL, LOCATED AT 47-71 MILLER STREET; 61-75 FRELINGHUYSEN AVENUE, AND 47-61 VANDERPOOL STREET, NEWARK, NEW JERSEY, 07114 (SOUTH WARD);PURSUANT TO NJSA 40A:12-5.
ORDINANCE 6PSF-Z 05/19/2021 EXTENDED TARGET DATE ON WHICH CITY OF NEWARK MAY TERMINATE IF PREMISES ARE NOT COMPLETED; AS WELL AS A SUBORDINATION, NONDISTURBANCE, ATTORNMENT AGREEMENT DATED DECEMBER 31, 2022.
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WHEREAS, on June 2, 2021 the Municipal Council adopted Ordinance 6PSF-G authorizing a lease agreement between Miller Street Development Urban Renewal LLC, (“Urban Renewal”) and the City of Newark (The “City”) for the premises located at 47-71 Miller Street and 61-75 Frelinghuysen Avenue, and 47-61 Vanderpool Street Newark, New Jersey 07114 (the “Demised Premises”) to serves as a residential homeless shelter and associated office space, pursuant to N.J.S.A. 40A:12-5 , for a term of five (5) years with two (2) options to extend of one (1) year each, commencing upon substantial completion of construction for a total Lease amount of Two Million Four Hundred and One Thousand, Three Hundred Dollars and Fourteen Cents ($2,401,300.14); and
WHEREAS, on December 27, 2022, Urban Renewal transferred the Demised Premises by deed recorded in the Essex County Register’s Office on January 5, 2023, under Instrument Number 2023000734, to Catholic Charities of the Archdiocese of Newark, a New Jersey Non-Profit Corporation, 590 North 7th Street, Newark, New Jersey 07107 (hereinafter referred to as “Catholic Charities Archdiocese”), a copy of the recorded Deed being attached hereto and made a part of this Resolution; and
WHEREAS, in April 2026, Urban Renewal provided the City with a copy of the recorded Deed ); and
WHEREAS, the City agrees to the reassignment and wishes to amend Ordinance 6PSFg-, adopted June 2, 2021, and the Lease Agreement to change the name of the Landlord from Urban Renewal, LLC, To Catholic Charities Archdiocese of Newark; and
WHEREAS, the City wishes to amend Ordinance 6PSFg, adopted June 2, 2021, to reflect the address of the demised property listed on the provided Deed to 47-71 Miller Street and 61-75 Frelinghuysen Avenue Newark, New Jersey 07114; and
WHEREAS, all other terms of Ordinance 6PSFg-, adopted on June 2, 2021 and the Lease Agreement remain the same.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Ordinance 6PSF-g, adopted June 2, 2021 is hereby amended to change the name of the Landlord From Miller Street Development Urban Renewal, LLC, 32 Mount Kemble Avenue, Morristown New Jersey 07960 (“Urban Renewal”) to Catholic Charities Archdiocese Of Newark, A New Jersey Non-Profit Corporation, 590 North 7th Street Newark, New Jersey 07107 (“Catholic Charities Archdiocese”), for the lease of the premises located at 47-71 Miller Street and 61-75 Frelinghuysen Avenue, New Jersey 07114 (the “Demised Premises”) to serves as a residential homeless shelter and associated office space.
2. Ordinance 6PSF-g, adopted June 2, 2021 is hereby amended to change the listed address of the Demised Premises from 47-71 Miller Street and 61-75 Frelinghuysen Avenue, and 47-61 Vanderpool Street Newark, New Jersey 07114 to 47-71 Miller Street and 61-75 Frelinghuysen Avenue, New Jersey 07114.
3. The Mayor and/or his designee, and the Director of the Department of Health and Community Wellness, is hereby authorized to enter into and execute an amended lease agreement to amend the name of the Landlord from URBAN RENEWALTO CATHOLIC CHARITIES ARCHDIOCES, and change of address for the lease of the Demised Premises.
4. The authorization granted herein is ratified back to June 2, 2021, the date of adoption of Ordinance 6PSF-g.
5. All other provisions of Ordinance 6PSF-g, adopted June 2, 2021 shall remain as adopted by the Newark Municipal Council in full force and effect, except as amended by this Ordinance.
6. Should any section, paragraph, sentence or clause of this ordinance be declared unconstitutional or invalid for any reasons, the remaining portions of this ordinance shall not be affected thereby and shall remain in full force and effect and to this end the provisions of this ordinance are hereby declared severable.
7. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance amends Ordinance 6PSF-g, adopted June 2, 2021, and authorizes the Mayor and/or his designee, and the Director of the Department of Health and Community Wellness, to enter into an amended lease agreement amending the name of the Landlord from URBAN RENEWAL, LLC , TO CATHOLIC CHARITIES ARCHDIOCES OF NEWARK, and amend the address for the lease of the premises located at 47-71 Miller Street and 61-75 Frelinghuysen Avenue, Newark, New Jersey 07114 (the “Demised Premises”),