Title
AN ORDINANCE AMENDING ORDINANCE 6PSF-K ADOPTED ON AUGUST 3, 2016 AND AUTHORIZING A FIRST AMENDED RESTATED LEASE AGREEMENT BETWEEN THE CITY OF NEWARK (TENANT) AND 52 AMSTERDAM NEWARK, LIMITED LIABILITY COMPANY (LANDLORD) FOR THE LEASING OF THE PREMISES COMMONLY KNOWN AS 52-90 AMSTERDAM STREET, BLOCK 2085, LOT 1, CONSISTING OF AN APPROXIMATE SQUARE FOOTAGE NOT TO EXCEED 350,000, PURSUANT TO N.J.S.A. 40A:12-5, FOR A PERIOD OF TWENTY-FIVE (25) YEARS FROM THE DATE OF COMMENCEMENT, AS DEFINED IN THE LEASE AGREEMENT, TO CORRECT TYPOGRAPHICAL ERRORS AND FURTHER CLARIFY CERTAIN TERMS AND CONDITIONS NECESSARY FOR LANDLORD TO OBTAIN FINANCING FOR THE PROJECT INCLUDING, BUT NOT LIMITED TO, REMOVING TENANT'S RIGHT TO TERMINATE WITHOUT CAUSE, FURTHER EXPLAINING TENANT'S RIGHT TO TERMINATE LEASE IF SUFFICENT FUNDS ARE NOT ANNUALLY AVAILABLE AND APPRORIATED, ADDING LANGUAGE THAT PERMITS THE TENANT TO PURCHASE THE PROPERTY AT ANY TIME DURING THE TERM, MODIFYING LANGUAGE REGARDING LANDLORD AND TENANT DEFAULTS, AMENDING LANGUAGE PERTAINING TO LANDLORD'S WARRANTY OF WORK, AND CLARIFY TENANT'S PERMITTED USE OF THE PROPERTY.
Sponsors: Amador/ Gonzalez
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WHEREAS, on August 3, 2016 the Municipal Council adopted Ordinance 6PSF-K authorizing a lease agreement on behalf of the City of Newark (Tenant) with 52 Amsterdam Newark, Limited Liability Company, 30 Shady Brook Court, Watchung, New Jersey 07069, (Landlord), pursuant to N.J.S.A. 40A:12-5, to lease the Property located at 52-90 Amsterdam Street, Newark, New Jersey, Block 2085, Lot 1, consisting of an approximate square footage not to exceed 350,000, to serve as the City of Newark's Fleet Operation and Vehicle Repair/Storage Center for automotive motors storage, service, repair and heavy repair (the "Lease Agreement"); and
WHEREAS, the parties desire to amend the Lease Agreement to correct typographical errors and clarify certain terms and conditions necessary for landlord to obtain financing for the project, wh...
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