Establishing Policies- Granting of a Property Tax Exemption IC 6-1.1-10-44 Information Technology Equipment

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LETTER AGREEMENT REGARDING ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT TAX EXEMPTION , 20 The Common Council City of South Bend, Indiana 227 West Jefferson Blvd. • Suite 400 S South Bend, Indiana 46601 Dear Honorable Council Members: (the "Company") requests that the Common Council (the "Common Council") of the City of South Bend, Indiana (the "City"), take such action as is necessary and required pursuant to Indiana Code § 6-1.1-10-44 (the "Act") in order to determine that certain enterprise information technology equipment of the Company is exempt from property taxation pursuant to the Act. The Company proposes to locate a project at (the "Site") which is located within the boundaries of the City (the "Project") which Project will result in a capital investment in real and personal property at the Site of$ . $ of the personal property improvements will be attributable to the installation at the Site of enterprise information technology equipment which will include but be not limited to the equipment listed at Exhibit A attached hereto and incorporated herein and also any enterprise information technology equipment which may in the future replace the equipment listed at Exhibit A. Additionally, the jobs created by the Project will result in an average employee wage of$ , which is at least/exceeds 125% of the county average wage for St. Joseph County, Indiana. On behalf of the Company, the undersigned hereby certifies that Company constitutes an "Eligible Business" as such term is defined in the Act because the Company meets each of the following requirements: (a) The Company is engaged in a business that, upon completion of the Project, will operate one or more facilities dedicated to computing, networking, or data storage activities; (b) The Company is located in a facility or data center in Indiana; (c) The Company will have invested upon completion of the Project in the aggregate at least $10,000,000 in real and personal property which investment will have occurred after June 30, 2009; and BDDBOI 6546827v3