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a) Fire Station. Commission hereby acknowledges that the Project may involve <br />construction by Developer on the property currently being utilized as a fire station on <br />Ireland Road. Commission, upon request by Developer, agrees to relocate the fire <br />station and to then offer the property for sale through the public bidding process <br />prescribed by Ind. Code § 36- 7- 14 -22, or through a negotiated sale as permitted by <br />Ind. Code § 36- 7- 14- 22(h), said negotiated sale may provide for the granting of a one <br />(1) year option to Developer to purchase the fire station parcel at a price to be agreed <br />upon in the Development Agreement. <br />b) Street Vacation. Consistent with City policy, Commission agrees to endorse and <br />support Developer's efforts to vacate portions of South Main, Lafayette, South <br />Hoover and Auten so that Developer can be assured that a unified, contiguous <br />development parcel is available for private development and endorse and support <br />Developer in its efforts related to rezoning where necessary consistent with the use <br />intended. <br />5) Anchor Site Stores. Developer and the Commission will jointly prepare and agree on a list <br />of the type of retail stores to be recruited for the development in order to meet the public <br />expectation of South Bend citizens and customers and to justify the public assistance <br />requested. Developer agrees to prepare, fund and implement a retail development strategy <br />with the following objectives in terms of the square footage, type, mix and general quality of <br />retails stores: <br />* One or more Discount Department Stores (with or without groceries); <br />* Home Improvement Store; <br />* Restaurants; and <br />* Specialty Retailers (books, sporting goods, home accessories, etc.) <br />6) Indemnification. Upon acquisition by the Commission, Developer, or its designated agent, <br />shall make an offer to purchase the Acquired Parcels, either as separate parcels or as an <br />assembled site, in an amount equal to or greater than the minimum acceptable bid and shall <br />meet or exceed all bid specifications as set by the Commission in accordance with Ind. Code <br />§ 36- 7- 14- 22(c). If Commission proceeds with acquisition of the Acquired Parcels and, for <br />whatsoever reason, Developer does not purchase the Acquired Parcels from Commission, <br />Developer shall reimburse the Commission in an amount which is the difference between the <br />selling price of the Acquired Parcels received by the Commission and the total cost of <br />acquisition, including appraisals, title, survey, and closing costs and shall, as a penalty, pay <br />the Commission the sum of One Hundred Thousand and 00 /100 Dollars ($100,000.00) <br />( "Penalty "). Developer shall pay said Penalty to Commission on the date that Commission <br />closes the transaction to purchase the Acquired Parcels and the Penalty shall either be (i) <br />credited to Developer at closing of Developer's purchase of the Acquired Parcels from <br />Commission or (ii) retained by Commission as provided herein. Should Developer desire to <br />terminate its obligations to purchase the Acquired Parcels prior to acquisition by the <br />Commission, Developer shall only be obligated to reimburse the Commission for its third <br />2 <br />