6D (4) - Laserfiche WebLink

Home Browse Search

(f) The Company shall provide to the City without a charge for the rental of space for a period of fifteen (15) years, five (5) "Racks" in the Company's facility. A "Rack" is defined as "a nineteen inch (19 ") wide metal frame used to hold various hardware devices, such as servers, hard disk drives, modems, and other electronic equipment for use with computers." The Commission shall be responsible for any and all connectivity and utility costs incurred as a result of the usage of the Racks. The Commission shall be permitted to allow third parties to utilize the Racks which are being provided by the Company pursuant to this paragraph 6(f). (g) By execution of this Purchase Agreement, the Company approves the filing of a Declaration of Easement by the Commission in a form substantially similar to Exhibit "E" permitting the City of South Bend access to the Property for purposes of the provision of utilities, including but not limited to, water, sewer, dark fiber, telephone, electric, gas, and such other utility services which are necessary to service the IPPUD. (h) For the seven (7) year period from and after the date of Closing, the Company shall not apply for or seek real property tax abatement as described in I.C. 6 -1.1 -12.1 et seq. and further authorized by Article 6 of the South Bend Municipal Code. However, nothing prohibits the Company from seeking an abatement regarding any additional improvement to the real estate during the seven (7) year period immediately after Closing, or at any time from and after the seven (7) year period after the date of Closing. (i) The Commission shall maintain the Real Estate it owns adjacent to the Property by mowing and planting such screening bushes and trees in order keep and maintain the Property and the balance of the IPPUD in a reasonably attractive condition. In the event an Owner's Association is formed as part of future Restrictive Covenants to be recorded in conjunction with the IPPUD the maintenance responsibility will be assumed by such Owner's Association and the costs of maintenance shall be allocated according to its by -laws. 7. Commission Obligations. The Commission acknowledges the requirement of the Enhancements in paragraph 6(e) above are architectural features it has specifically requested, and the Company would not otherwise have included in its design plans. The Commission further recognizes the importance of Company's decision to locate its facility in Ignition Park, as well as the right granted to Commission to use the Racks and backup power as described in paragraph 6(f). Taking into consideration the Enhancements, the intended use of Company and the extra amenities being provided to the City and future users of Ignition Park, all of which will encourage additional development of Ignition Park, and the anticipated use of the remaining property in the IPPUD, the Commission shall do the following: (a) In recognition of the fact the Company and additional companies locating in the IPPUD will require substantial electric power, the City is obligated to provide power to the Property of not less than 9.6MW. The City shall take all reasonable actions, including but not limited to, requiring American Electric Power ( "AEP ") and its affiliate, Indiana Michigan Power Company ( "IMP ") (hereafter collectively the "Power Company ") to provide an Express Feeder Line at the Power Company's cost from its Studebaker Substation to the Property. This Express Feeder Line shall be installed through conduit supplied to the Commission by the City of South Bend. In addition, the City shall take all reasonable actions, including but not limited to, the 5