File #: 13-1287    Version: Name: Lease Ordinance - UMDNJ and Child and Family Well Being
Type: Ordinance Status: Filed
File created: 6/27/2013 In control: Health and Community Wellness
On agenda: 7/3/2013 Final action: 9/5/2013
Title: AN ORDINANCE RATIFYING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY N/K/A UNIVERSITY HOSPITAL (UH), A BODY CORPORATE AND POLITIC OF THE STATE OF NEW JERSEY (LANDLORD), AND THE CITY OF NEWARK, DEPARTMENT OF CHILD AND FAMILY WELL-BEING, FEDERALLY QUALIFIED HEALTH CENTER (TENANT), FOR THE LEASING OF THE PREMISES COMMONLY KNOWN AS 140 BERGEN STREET (CENTRAL WARD) BLOCK 211, LOT 1, FOR THE SUM OF $96,135.48 PER YEAR FOR A PERIOD OF THIRTY SIX (36) MONTHS FROM THE DATE OF COMMENCEMENT, AS DEFINED IN THE LEASE AGREEMENT, FOR UTILIZATION OF THE PREMISES AS AN AMBULATORY CARE FACILITY CONSISTENT WITH HEALTH AMBULATORY CARE REGULATIONS N.J.A.C. TITLE 8 CHAPTER 43A.
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
9/5/20132 Municipal Council Close on Public Hearing and AdoptPass Action details Meeting details Not available
8/7/20132 Municipal Council Closed on public hearing on the amendment and adoptPass Action details Meeting details Not available
7/3/20131 Municipal Council Advance and Adopt on First Reading as 6F-Pass Action details Meeting details Not available
Title
AN ORDINANCE RATIFYING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY N/K/A UNIVERSITY HOSPITAL (UH), A BODY CORPORATE AND POLITIC OF THE STATE OF NEW JERSEY (LANDLORD), AND THE CITY OF NEWARK, DEPARTMENT OF CHILD AND FAMILY WELL-BEING, FEDERALLY QUALIFIED HEALTH CENTER (TENANT), FOR THE LEASING OF THE PREMISES COMMONLY KNOWN AS 140 BERGEN STREET (CENTRAL WARD) BLOCK 211, LOT 1, FOR THE SUM OF $96,135.48 PER YEAR FOR A PERIOD OF THIRTY SIX (36) MONTHS from the date of Commencement, as defined in the lease AGREEMENT, FOR UTILIZATION OF THE PREMISES AS AN AMBULATORY CARE FACILITY CONSISTENT WITH HEALTH AMBULATORY CARE REGULATIONS N.J.A.C. TITLE 8 CHAPTER 43A.      
 
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WHEREAS, the City of Newark, Department of Child and Family Well-Being is in need of leasing a portion of Level E of the premises commonly known as 140 Bergen Street, also known as Block 211, Lot 1 (the “Leased Premises”), on the Official Tax Maps of the City of Newark, New Jersey,  for public utilization as an Ambulatory Care Facility; and
 
          WHEREAS, the City of Newark (Tenant) and the University of Medicine and Dentistry of New Jersey n/k/a University Hospital (Landlord), desire to enter into a lease agreement for the Leased Premises for the period of thirty six (36) months from date of commencement of the lease, as defined therein, for the sum of $96,135.48 per year; and
 
      WHEREAS, an amount of $96,135.48 is available and certified for the first year of lease and the subsequent funds shall be certified at the beginning of the second year and third year of September 1, 2014 and September 1, 2015, respectively, by the Director of the Department of Child and Family Well-Being and a copy of the Certification of Funds shall be filed in the Office of the City Clerk.
 
          NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
 
Section 1.      The Mayor and/or his designees, the Director of the Department of Child and Family Well-Being and the Business Administrator of the City of Newark, are hereby authorized to enter into a lease agreement, in the form attached hereto, on behalf of the City of Newark (Tenant) with the University of Medicine and Dentistry of New Jersey n/k/a University Hospital (UH) (Landlord), for the leasing of a portion of Level E of the premises commonly known as 140 Bergen Street, Block 211, Lot 1 (the “Leased Premises”), pursuant to N.J.S.A. 40:60-25.51, for public utilization as  Ambulatory Care Facility.
 
Section 2.       The term of this lease shall be for the period of thirty six (36) months from date of commencement of the lease, as defined therein.
 
Section 3.      If this Ordinance is adopted subsequent to the commencement date of the lease, as defined therein, then the lease is hereby ratified from the date of commencement of the lease to the date of adoption of this authorizing Ordinance.
 
Section 4.      There shall be no advance payment on this lease.
 
Section 5.      A copy of the lease agreement is attached hereto and made part hereof.
 
Section 6.      This lease agreement does not fall within the statutory regulations of Pay-to-Play, N.J.S.A. 19:44A-20.5 et seq. because the contract is services.
 
Section 7.      A copy of this lease agreement and this Ordinance shall be permanently filed in the Office of the City Clerk by the Director of Child and Family Well-Being.
 
Section 8.      This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
 
Section 9.      Attached hereto is a partial Certification of Funds by the Chief Fiscal Officer, City of Newark, in the amount of $96,135.48 for the first year of lease from legal appropriation of the official budget, which shall be charged, is Business Unit: 026; Account # 4654; Budget Reference # B2013.   All subsequent funds shall be certified prior to the beginning of the second year and third year of lease and a copy of the Certification of Funds shall be filed in the Office of the City Clerk.
 
Section 10.      The lease agreement satisfies and is in compliance with Newark Municipal Ordinance 2:4-16.
 
 
 
STATEMENT:
 
Passage of this Ordinance will authorize a lease agreement between the City of Newark Department of Child and Family Well-Being, Federally Qualified Health Care Center (Tenant) and the University of Medicine and Dentistry of New Jersey n/k/a University Hospital (UH) (Landlord), for the utilization of 140 Bergen Street, as an Ambulatory Care Facility. The lease agreement will be for a term of thirty six (36) months from the Commencement Date, as defined in the Lease Agreement, and for an annual rent of $96,135.48.