Title
ORDINANCE RATIFYING AND AUTHORIZING THE MAYOR, AND/OR HIS DESIGNEE, THE DIRECTOR OF THE DEPARTMENT OF RECREATION, CULTURAL AFFAIRS AND SENIOR SERVICES, TO ENTER INTO AND EXECUTE A LEASE AGREEMENT WITH BETHANY BAPTIST CHURCH, A NOT FOR PROFIT CORPORATION, FOR THE PREMISES LOCATED AT 275 WEST MARKET STREET, NEWARK, NEW JERSEY 07103, BLOCK 00428, LOT 00002, MORE SPECIFICALLY SPACE ON THE FIRST FLOOR COMMONLY REFERRED TO AS THE SUNDAY SCHOOL ROOM, FOR AN ANNUAL RENT OF THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00), PAYABLE IN TWELVE (12) EQUAL MONTHLY INSTALLMENTS OF TWO THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($2,500.00), FOR THE PERIOD COMMENCING JANUARY 1, 2024 AND TERMINATING ON DECEMBER 31, 2024, WITH AN OPTION TO RENEW FOR ONE (1) YEAR, AT THE SAME ANNUAL RENT AND UNDER THE SAME CONDITIONS SET FORTH IN THIS LEASE, FOR THE PURPOSE OF PROVIDING SERVICES TO NEWARK SENIOR CITIZENS, INCLUDING, BUT NOT LIMITED TO, SEASONAL ACTIVITIES, MEALS, ATHLETICS, ARTS AND CRAFTS, AND CULTURAL ACITIVITIES. (CENTRAL WARD)
body
WHEREAS, Bethany Baptist Church, Not-For-Profit Corporation, duly registered to conduct business in the State of New Jersey, “Landlord”, is the owner of land and property located at 275 West Market Street, Newark, New Jersey 07103, on the Official Tax Maps of the City of Newark as Block 00428, Lot 00002 (“Property”); and
WHEREAS, the City of Newark, Department of Recreation, Cultural Affairs and Senior Services, (“Tenant”), is in need of leasing a portion of the Property, more specifically space commonly referred to as the Sunday School Room on the First Floor (“Leased Premises”), for the purpose of providing services to Newark Senior Citizens including but not limited to seasonal activities, meals, athletics, arts and crafts and cultural activities; and
WHEREAS, the Landlord and Tenant desire to enter into a Lease Agreement for the Leased Premises for the period of January 1, 2024, through December 31, 2024, for an annual rent of Thirty Thousand Dollars and Zero Cents ($30,000.00), payable in twelve equal installments of Two Thousand Five Hundred Dollars and Zero Cents ($2,500.00), with an option to renew for one (1) year at the same annual rent.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. The Mayor and/or his designee, the Director of the Department of Recreation, Cultural Affairs and Senior Services, are hereby authorized to enter into and execute the Lease Agreement, in the form attached hereto, on behalf of the City of Newark, Tenant, with Bethany Baptist Church, Landlord, pursuant to N.J.S.A. 40A:12-15 for the lease of a portion of the property commonly known as 275 West Market Street, Newark, New Jersey 07103, (Block 00428, Lot 00002) more specifically space commonly referred to as the Sunday School Room on the First Floor (“Leased Premises”), for the purpose of providing services to Newark’s senior citizens including but not limited to seasonal activities, meals, athletics, arts and crafts, and cultural activities.
Section 2. The term of the Lease shall be for a period of twelve (12) months, commencing on January 1, 2024 (the “Lease Commencement Date”), and expiring on December 31, 2024, for an annual rent of Thirty Thousand Dollars and Zero Cents ($30,000.00), payable in twelve (12) equal monthly installments of Two Thousand Five Hundred Dollars and Zero Cents ($2,500.00), with an option to renew for one (1) year at the same annual rent. Landlord shall use its best efforts to put Tenant in possession of the Leased Premises on Lease Commencement Date. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. The Tenant shall make no claim against the Landlord for any such delay.
Section 3. The Municipal Council of the City of Newark hereby ratifies the Lease Agreement between the Tenant and the Landlord from January 1, 2024, until the final passage and publication of this Ordinance.
Section 4. Pursuant to ⸹2(b) of the Lease Agreement, the Mayor or his designee, the Director of the Department of Recreation, Cultural Affairs and Senior Services, are hereby authorized to exercise the City of Newark’s option to renew the Lease for an additional one-year term, which term is to commence as of January 1, 2025 and end on December 31, 2025. The terms and conditions of the renewal Lease shall remain the same as those in the initial Lease. This authorization is ratified back to the date on which the City’s option to renew the Lease first became exercisable.
Section 5. There shall be no advance payment on this Lease Agreement
Section 6. A copy of the Lease Agreement is attached hereto and made a part hereof.
Section 7. The Director of Recreation, Cultural Affairs and Senior Services shall permanently file a copy of the Lease Agreement and this Ordinance in the Office of the City Clerk.
Section 8. Attached hereto is a Certification of Funds from the Director of Finance, City of Newark, which states that funds in the amount of Fifteen Thousand Dollars and Zero Cents ($15,000.00) are available in the 2024 Budget under Business Unit: NW011; Dept.: 165; Div/Proj.: 1659; Activity: A; Account #71610; Budget Ref: B2024.The Certification of Funds shall be filed along with the original ordinance in the Office of the City Clerk. This Certification of funds covers the outstanding balance owed for 2024. Also attached hereto is a Partial Certification of Funds certifying that funds in the amount of Two Thousand Five Hundred Dollars and Zero Cents ($2,500.00) are available in the 2025 Temporary Budget under Business Unit: NW011; Dept.: 160; Div/Proj.: 1609; Activity: A; Account #71610; Budget Ref: B2025 After the final 2025 budget is adopted, a written certification of available funds shall be prepared for the remaining balance and filed with the original ordinance in the Office of the City Clerk. The continuation of the Lease beyond the temporary budget period shall be contingent upon the appropriation of sufficient funds.
Section 9. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance ratifies and authorizes the Mayor and/or his designee, the Director of the Department of Recreation, Cultural Affairs and Senior Services, to enter into and execute a Lease Agreement with Bethany Baptist Church, 275 West Market Street, Newark, New Jersey 07103, at an annual rent of Thirty Thousand Dollars and Zero Cents ($30,000.00), payable in twelve (12) equal monthly installments of Two Thousand Five Hundred Dollars and Zero Cents ($2,500.00) per month. The lease term is for one (1) year commencing January 1, 2024, and terminating December 31, 2024. It further authorizes the exercise of the City’s option to renew the lease for an additional one (1) year term at the same annual rent and under the same conditions set forth in the initial Lease.