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ORDINANCE AUTHORIZING AND CONSENTING TO THE TRANSFER OF PROPERTY LOCATED AT 296 FERRY STREET, NEWARK, NEW JERSEY (BLOCK 2010, LOT 28) FROM EAST SIDE COMMUNITY CENTER CORPORATION TO MANTENA GLOBAL CARE, INC., A NEW JERSEY NONPROFIT CORPORATION, AND REAFFIRMING THE PUBLIC USE RESTRICTION PURSUANT TO THE LOCAL LANDS AND BUILDINGS LAW, N.J.S.A. 40A:12-1 ET SEQ., INCLUDING N.J.S.A. 40A:12-21(k)
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WHEREAS, the Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq., including N.J.S.A. 40A:12-21(k), authorizes a municipality to convey real property to a nonprofit corporation for a specified public purpose, and provides that any conditions or restrictions imposed as part of that authorization shall run with the land unless and until released or modified by ordinance of the governing body; and
WHEREAS, by prior ordinance, the Municipal Council of the City of Newark (the “City”) conveyed the property located at 296 Ferry Street, Newark, New Jersey, designated on the official tax assessment map as Block 2010, Lot 28 (the “Property”), to East Side Community Center Corporation (“ESCCC”) for the nominal consideration of one dollar ($1.00), pursuant to N.J.S.A. 40A:12-21(k); and
WHEREAS, as a condition of that conveyance, ESCCC accepted a restriction that runs with the land, requiring that the Property “be used and operated as a senior citizen and youth recreational center and not for commercial use, trade, business or manufacture,” and imposing conditions concerning successor ownership; and
WHEREAS, ESCCC and Mantena Global Care, Inc. (“Mantena”), a New Jersey nonprofit corporation, have entered into an Agreement of Sale dated July 11, 2025, for the transfer of the Property; and
WHEREAS, Projeto Mantena Ajuda, Corp., is a New Jersey nonprofit corporation authorized by the New Jersey Department of the Treasury to conduct business under the approved alternate name “Mantena Global Care,” is the operating entity through which Mantena provides its community-based programs and services; and
WHEREAS, Mantena has operated for more than a decade providing social, educational, cultural, and supportive services to Newark's immigrant and local communities, particularly within the Ironbound section, and its acquisition of the Property will ensure continuity and stability of services to the public; and
WHEREAS, the original conveyance documents require that any subsequent transfer of the Property to another nonprofit organization obtain the written consent and authorization of the City, to ensure continued adherence to the public purpose for which the Property was originally conveyed; and
WHEREAS, Mantena has agreed to accept, assume, and comply with the use restriction imposed at the time of the original transfer and to continue to use and operate the Property as a senior citizen and youth recreational center and not for commercial use, trade, business, or manufacture; and
WHEREAS, because the original conveyance was made for nominal consideration in reliance on the public benefit required under N.J.S.A. 40A:12-21(k), the Municipal Council must confirm that any successor transfer preserves that public benefit and maintains the City’s compliance with the Local Lands and Buildings Law; and
WHEREAS, the Municipal Council finds that authorizing the transfer of the Property to Mantena, subject to all existing restrictions, is in the best interest of the City and is consistent with the original public purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor, Business Administrator, Corporation Counsel, or their designees are authorized to execute all documents necessary to evidence the City's consent and to ensure that all restrictions running with the land are preserved and recorded.
2. The Municipal Council hereby grants its consent and authorization for the transfer of ownership of the Property located at 296 Ferry Street, Newark, New Jersey, designated as Block 2010, Lot 28, from East Side Community Center Corporation to Mantena Global Care, Inc., under the terms set forth in the Agreement of Sale dated July 11, 2025, and subject to the conditions contained in this Ordinance.
3. The Municipal Council reaffirms that the Property remains subject to the restriction originally imposed pursuant to N.J.S.A. 40A:12-21(k), requiring that the Property “be used and operated as a senior citizen and youth recreational center and not for commercial use, trade, business or manufacture,” which restriction runs with the land unless and until modified or released by ordinance.
4. As a condition of this consent, Mantena shall:
(a) Accept, assume, and be bound by all restrictions, covenants, and conditions running with the land;
(b) Include in the deed transferring title from ESCCC to Mantena an express statement that Mantena accepts and assumes the existing restriction; and
(c) Continue operating the Property in accordance with the restriction.
5. No future sale, conveyance, assignment, transfer, or disposition of the Property, whether voluntary or involuntary, shall be valid or recognized without the prior written consent of the City of Newark by resolution or ordinance of the Municipal Council. Any successor entity shall accept, assume, and be bound by all restrictions and conditions running with the land, including the public use restriction imposed pursuant to N.J.S.A. 40A:12-21(k). The deed conveying the Property to any successor owner shall expressly incorporate and reference these restrictions.
6. Nothing in this Ordinance shall be construed as releasing, modifying, or waiving the public use restriction imposed pursuant to N.J.S.A. 40A:12-21(k). Any future request for modification or removal shall require separate action by ordinance, supported by a determination that the public interest is protected through replacement public benefit or other adequate consideration.
7. If any portion of this Ordinance is held invalid, the remaining provisions shall remain in full force and effect.
8. This Ordinance shall take effect upon final passage and publication in accordance with law.
STATEMENT
9. This Ordinance hereby grants authorization and consent for the transfer of ownership of the Property located at 296 Ferry Street, Newark, New Jersey, designated as Block 2010, Lot 28, from East Side Community Center Corporation to Mantena Global Care, Inc., for a specified public purpose, and provides that any conditions or restrictions imposed under Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq., including N.J.S.A. 40A:12-21(k), will run with the land.