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RESOLUTION NO. Ll 7 — L' <br />DECLARATORY RESOLUTION OF THE <br />COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, <br />AUTHORIZING A PROPERTY TAX EXEMPTION FOR <br />CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT <br />PURSUANT TO INDIANA CODE 6-1.1-10-44 <br />DATA REALTY NORTHERN INDIANA,LLC PROJECT LOCATED AT <br />1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT) <br />WHEREAS, Indiana Code 6-1.1-10-44 (the "Act") authorizes the Common <br />Council (the "Common Council") of the City of South Bend, Indiana (the "City") to make a <br />determination that certain qualified personal property owned by a eligible business is exempt from <br />property taxation to the extent such property is located in the City; and <br />WHEREAS, Data Realty Northern Indiana,LLC(the"Company"),has announced <br />its plans to locate a computing, networking, and data storage facility (the "Project") at 1440 <br />Ignition Drive South in the City(the"Site"); <br />WHEREAS, the jobs to be created by the Project will have an average employee <br />wage of$28.36 per hour and the Project will result in a capital investment of$14.2 million in real <br />and personal property improvements;and <br />WHEREAS, the Company has presented to this Common Council a Letter <br />Agreement, a form of which is attached hereto as Exhibit A and the terms of which are <br />incorporated herein (the "Agreement"), in which Agreement the Company describes the Project, <br />and pursuant to which the Company requests that this Common Council determine that (i)the <br />Company is an"Eligible Business"as defined herein and in the Act;and(ii) certain of the personal <br />property to be owned by the Company and located at the Site listed at Exhibit A to the Agreement <br />and including any equipment which may replace such equipment (the "Computer Equipment") is <br />Qualified Property" as defined herein and in the Act and therefore qualifies for the property tax <br />exemption provided by the Act; and <br />WHEREAS, as used herein and as defined in the Act, "Qualified Property"means <br />certain enterprise information technology equipment acquired after June 30, 2009, which would <br />include any of the personal property listed below, but would not include computer hardware <br />designed for a single user,workstation, or departmental level use: <br />a) Hardware supporting computing, networking, or data storage function, <br />including servers and routers; <br />b) Networking systems having an industry designation as equipment within <br />the "enterprise" or "data center" class of networking systems that support <br />the computing,networking,or data storage functions;or <br />BDDB01 65465I 8v3