Resolution No 37-2018 - Approval of Lease Located at 319 Niles Avenue for South Bend Human Rights Commission

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RESOLUTION NO. 37-2018 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, REAFFIRMING AND RECOMMENDING APPROVAL OF THE LEASE OF BUILDING LOCATED AT 319 NILES AVENUE, SOUTH BEND, INDIANA FOR USE BY THE SOUTH BEND HUMAN RIGHTS COMMISSION WHEREAS, the Common Council of the City of South Bend, Indiana, by Resolution No.4193-12 on July 9, 2012 after taxpayer petition, public bearing and approval by the Board of Public Works, previously determined that it was necessary for the City of South Bend to enter into a real estate lease for property located at 319 Niles Avenue, ,South Bend, Indiana ("the Property"), as office space used by the South Bend Human Rights Commission ("the HRC"); and WHEREAS, the City entered into a five year lease with then -owner 319 Niles, LLC, and the HRC space of the leased premises was redesigned and reconfigured to the specific needs of the HRC; and WHEREAS, the original five (5) year lease term has expired, and the City on behalf of the HRC desires to enter a similar lease for another five year term with owner and landlord McdPro Properties, LLC a copy of which proposed lease is attached hereto as Exhibit 1; and WHEREAS, notice of a public hearing of the City's desire to commence a similar lease with the current owner of the Property was issued by publication in the South Bend Tribune as prescribed by law under Ind, Code 36-1-10-13, and public hearing was conducted by the Board of Public Works of the City of South Bend, Indiana ("the Board") pursuant to that notice on July 19, 2018, and no person appeared at that hearing to object to the proposed lease; and WHEREAS, since the Common Council initially determined the need for this leased property in 2012, there has been no change in the circumstances of the HRC's need for this fully accessible space which is convenient to the HRC and its many service applicants which space is not available in any currently City owned real estate; and WHEREAS, the Board held a public hearing pursuant to Ind. Code § 36-1-10-13 with respect to the appropriateness of the proposed lease renewal at its July 19, 2018, meeting; and WHEREAS, the Board has found that this proposed lease of the same space occupied by the HRC remains necessary for the HRC; that no similarly appropriate City - owned property exists at this time or within the near future; and that the lease rate is fair and reasonable.