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features important to its character. Not Recommended If aluminum or vinyl siding is added to a building, overhanging eaves and gables should not be covered or enclosed. STAFF RECOMMENDATION: The proposed project conforms to the guidelines for Edgewater Place and Local Landmark Standards; Staff recommends approval. -Elicia. D. Feasel, Assistant Director On a motion by Dave Steinhauer with a second by Lynn Patrick to approve application as submitted. Vote: 5 — 0 Unanimous. COA#2012-1012 Approved. — - - A. COA#2012-0831 Avon Theatre demolition (tabled from September 17, 2012, meeting) and Memorandum of Understanding Report by Larry Meteiver, Legal Counsel The Memorandum of Understanding sets forth the following terms and conditions: 1. Mr. Napoli will recommend the terms and agreements set forth in this Memorandum of Understanding to the Library Board for approval at its October 22, 2012 meeting. 2. Ms. Hostetler will recommend the terms and agreements set forth in this Memorandum of Understanding to the Historic Preservation Commission for approval at its October 15, 2012 meeting. 3. The Library will agree to remove the terra cotta facade of the Avon Theater Building for preservation and the Historic Preservation Commission will agree that the Library may demolish the Avon Theater Building after the terra cotta facade is removed. 4. The Library will pay to have the terra cotta facade of the Avon Theater removed by a contractor - that specializes in building restoration and delivered to storage site in the city limits of South Bend selected by the Historic Preservation Commission. A contract for removal of the terra cotta will be submitted to the Library Board for approval at its October 22, 2012 public meeting. 5. The terra cotta will be photo -documented, inventoried and put on pallets. The Library will give the terra cotta to the Historic Preservation Commission as its property for storage or to do with it whatever it wants. 6. After the terra cotta facade is remove from the Avon Theater Building, the Avon Theater Building will be demolished and the site will be used by the Library for surface parking temporarily until the New Main Library is constructed, consistent with the agreement between the Library and Downtown South Bend, Inc. when the building was purchased in 2007 and the June 18, 2012 reaffirmation of the agreement between DTSB and the Library to allow use of the land for surface parking after demolition of the Avon Theater Building until construction begins on the new Main Library. That agreement was recorded on June 19, 2012 (Instrument No. 1218662). 7. The Historic Preservation Commission will approve the Library's application for a Certificate of Appropriateness to demolish the Avon Theater Building at its October 15, 2012, conditionally, subject to the Library Board approval of terms and agreements set forth in this Memorandum of Understanding at its October 22, 2012 meeting. 8. The Library and the Historic Preservation Commission will request the South Bend Common Council to table action on Bill No. 35-12 from its October 8, 2012 meeting to the Common Council's October 22, 2012 meeting to allow Library and the Historic Preservation Commission sufficient time to approve terms and agreements set forth in this Memorandum of Understanding. After approval of this Memorandum of Understanding by both the Historic Preservation Commission and the Library Board, the Historic Preservation Commission will withdraw Bill No. 35-12 from consideration by the Common Council. 9. The terms and agreements set forth in this Memorandum of Understanding will become binding only upon approval by both the Historic Preservation Commission and the Library Board at their respective public meetings in accordance with law. The Resolution presented to the Commission provided as follows: