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1t/13/2004 15:55 574-2456097 TO: FROM: DATE: RE: SAFETY&RISK MGTAGEM. PAGE 05 LEGAL DEPARTMENT INTEROFFICE MEMORANDUM Catherine Hostetler/Historic Preservation Commission John Livingston - Assistant City Attorney December 13, 2004 Chapin Park -Temple Beth -EI Exceptions After our conversation, I am further amending the new Paragraph I which will be contained in the Section V, GENERAL SECTION of the Chapin Park Local Historic District Preservation guidelines. I have reviewed David Mirkin's suggestions made to the Historic Preservation Commission. I am suggesting new language which would read as follows: �• There is excepted from the general provisions of paragraphs A and B, a partial exception for the future property acquisitions and uses by Temple Beth -EI, 305 W. . Madison Street, South Bend, Indiana. Temple Beth -EI is currently located on the east half of the block bordered by Madison, Lafayette, Marion, and William streets. The west half of this block is within the confines of the Chapin Park Historic District. Temple Beth -EI currently owns, through a trust, a lot in the west half of this block and may acquire in the future other lots in the west half of this block for the purposes of additional building, grounds or parking for expansion of its campus. Temple Beth -EI and its trusts shall maintain any structures or property in the west half of the aforesaid blocks consistent with these guidelines unless and until Temple Beth -EI decides to demolish any structures or buildings. In the event that Temple Beth -EI wishes to use such land in the west half of the block for Temple purposes, it shall notify the Historic Preservation Commission and seek a Certificate of Appropriateness for the removal of any buildings or structures in the designated area. Upon grant of said Certificate of Appropriateness by Historic Preservation Commission, Temple Beth -EI may demolish or provide for the removal of said buildings. Temple Beth -EI may demolish the structure and clear the land, provided that first the structures to be sold and relocated are offered and publically advertised at a price of One Dollar ($1.o0) with the relocation expenses to be borne by the buyer. The structures shall be offered for a period of not less than one hundred and eighty (180) days. This time period may be extended by up to an additional 60 days at the request of the Historic Preservation Commission orthe Chapin Park Historic District board. This paragraph shall not constitute a waiver of any of the zoning or building code sections of the South Bend Municipal Code applicable to these properties. This waiver will only apply to Temple Beth -EI while it or another house of worship owns and uses the property. This waiver does not apply to any other properties in the district. Note: I removed two (2) sentences from David's original draft. The first one being the third sentence of the proposed guideline reading, "No. historic ........... trusts"- The second sentence