Review Agenda Item
Meeting Date: 8/26/2021 - 6:00 PM
Category: General Counsel - Legal - Votes
Type: Action
Subject: 12.1 Resolution by The Board of Education of the City of Newark, in the County of Essex to Authorize the Amendment of Lease Agreement for Real Property Located on 124 Niagara Street, Pursuant to N.J.S.A. 18A:20-4.2
Strategic Plans:
Enclosure
File Attachment:
Summary: WHEREAS, upon recommendation of the Superintendent, the Board of Education of the City of Newark, County of Essex determines that an additional building is needed for school purposes; and

WHEREAS the Board of Education currently leases real property, including a building, located at 124 Niagara Street in the City of Newark (a.k.a. “Ann Street Annex”) pursuant to an August 15, 2005 Lease Agreement, as amended, with Saint Benedict Church (“St. Benedict Lease”); and

WHEREAS the Board of Education operates a Kindergarten Program at Ann Street Annex serving approximately 180 students; and
WHEREAS the current Term of the St. Benedict Lease expires on August 14, 2022; and

WHEREAS the Board of Education has determined to authorize a Lease Amendment according to the following Term and Rent provisions:

Year 3-Year Term Annual Rental
Current August 15, 2019 to August 14, 2022 $348,259
1 August 15, 2022 to August 14, 2023 $353,483
2 August 15, 2023 to August 14, 2024 $358,785
3 August 15, 2024 to August 14, 2025 $364,167
Total $1,076,435
Funding :
Recommendation to the Board: NOW, THEREFORE, BE IT RESOLVED that the Board hereby authorizes the Superintendent to execute an Amendment of the St. Benedict Lease for the continued use and occupancy of 124 Niagara Street in accordance with the aforementioned terms, pursuant to N.J.S.A. 18A:20-4.2(e).

NOW THEREFORE, BE IT FURTHER RESOLVED that pursuant to N.J.A.C. 6A:26-10.10, the Lease Agreement is subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation under the St. Benedict Lease.
Approvals:
Recommended By:
Signed By:
Valerie Wilson - School Business Administrator
Signed By:
Brenda Liss - General Counsel
Signed By:
Roger León - Superintendent
Vote Results:

Original Motion
Member Daniel Gonzalez Moved, Member Asia J. Norton seconded to approve the Original motion 'NOW, THEREFORE, BE IT RESOLVED that the Board hereby authorizes the Superintendent to execute an Amendment of the St. Benedict Lease for the continued use and occupancy of 124 Niagara Street in accordance with the aforementioned terms, pursuant to N.J.S.A. 18A:20-4.2(e).

NOW THEREFORE, BE IT FURTHER RESOLVED that pursuant to N.J.A.C. 6A:26-10.10, the Lease Agreement is subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation under the St. Benedict Lease.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 7 Nay: 0.
The motion Carried 7 - 0
   
Flohisha Johnson     Yes
Dawn Haynes     Yes
Asia J. Norton     Yes
Shayvonne Anderson     Yes
A'Dorian Murray-Thomas     Yes
Hasani Council     Yes
Daniel Gonzalez     Yes