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G. In the case of structures located within the district which are designated individually as Landmarks, the most restrictive guidelines shall apply. H. Existing easements and codicils in property owners' abstracts shall remain in effect. I. There is excepted from the general provisions of paragraph A and B of Section V. General, a partial exception for the future property acquisitions and uses by Temple Beth -El, 305 W. Madison Street, South Bend, Indiana. Temple Beth -El 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 Local Historic District. Temple Beth - El currently owns, through a trust, a lot in the west half of this block and may acquire in the future other lots inthe west half of this block for the purposes of additional buildings, grounds or parking for expansion of its campus. Temple Beth -El and its trusts shall maintain any structures' or property in the west half of aforesaid blocks consistent with these guidelines unless and until Temple Beth -El decides to demolish any structures or buildings. In the event that Temple Beth -El 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. Such Certificates of Appropriateness will not be denied nor unreasonably delayed if Temple Beth -El follows the demolition or removal procedures set forth in this paragraph. Upon grant of said Certificate of Appropriateness by'Historic Preservation CoTrunission, Temple.Beth-El may demolish or provide for removal of said buildings. Temple Beth -El may demolish the structure(s) and clear the land, provided that first the structures, be offered for sale and relocation, and publicly advertised at a price of One Dollar ($1.00) with the relocation expenses to be borne by the buyer. The structure shall be offered for sale and relocation for a period of not less than one hundred eighty (180) days. This time period maybe extended by up to an additional sixty days (60) at the request of the Historic Preservation Commission or the Chapin Park Neighborhood Association 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 -El while it owns the property. This waiver does not apply to any other properties in the. district. VI. ENFORCEMENT PROCEDURES Enforcement of the preservation guidelines and standards for the historic district is made possible in the Zoning Ordinance of the City of South Bend, ordinance No. 5565-73, as amended and the Historic Preservation Commission's Preservation Plan. The Historic Preservation Commission may petition the Building Commissioner to use the legal means available to him/her to force the maintenance and/or repair of any building or structure within the historic district in accordance with the intent of this ordinance. This ordinance, however, does not prevent the ordinary maintenance and repair of any building or structure which does not involve a change in any exterior feature, nor does it prevent the reconstruction, alteration, demolition or moving of any building or structure which the Building Commissioner.or other official has determined to beta hazard to public safety. Property owners wishing to do, or have done, any work affecting the exterior of their building or * land must apply directly to the Historic Preservation Commission on the form prescribed by the Commission (see Appendix A). The Historic Preservation Commission shall issue a Certificate of Appropriateness before commencement of any construction, reconstruction, alteration, demolition or moving of any house' or structure within the historic district boundaries (see Appendix A). The Historic Preservation Commission will accept applications for Certificate of Appropriateness only from the property owner. In making its determination, the Historic Preservation Commission shall consider.three, factors: first, appropriateness of the proposed work to the preservation of the building and district; second, the detriment to the public welfare if the proposed work is permitted even though it is not deemed appropriate; third, the potential hardship that the denial of the Certificate of Appropriateness would cause the applicant. Where the Historic Preservation Commission deems it necessary, the commission may petition the Common Council for a temporary delay in the issuance of the 'required permits) for proposed construction, reconstruction, alteration, demolition or moving for the purpose of preparing an historic preservation plan for a building or district. Such a request shall be for a specified period of time. In no case may the delay granted by the Common Council exceed one (1) year, but the Commission may petition the Common Council for a continuance of any such delay in accordance with the same procedure as for the initial petition. The Commission will review the application and either issue a Certificate of Appropriateness or else deny the application, stating in writing the reasons for such denial. Upon such denial the applicant may appeal to the Common Council. VII. MINIMUM MAINTENANCE STANDARDS