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LETTER AGREEMENT REGARDING <br />ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT <br />TAX EXEMPTION <br />April 16,2012 <br />The Common Council <br />City of South Bend,Indiana <br />227 West Jefferson Blvd. • Suite 400 S <br />South Bend,Indiana 46601 <br />Dear Honorable Council Members: <br />Data Realty Northern Indiana, LLC (the "Company") requests that the Common Council (the <br />Common Council") of the City of South Bend, Indiana (the "City"), take such action as is <br />necessary and required pursuant to Indiana Code § 6-1.1-10-44(the "Act")in order to determine <br />that certain enterprise information technology equipment of the Company is exempt from <br />property taxation pursuant to the Act. <br />The Company proposes to locate a project at 1440 Ignition Drive South (the "Site") which is <br />located within the boundaries of the City (the "Project") which Project will result in a capital <br />investment in real and personal property at the Site of$14.2 million. $6.0 million of the personal <br />property improvements will be attributable to the installation at the Site of enterprise information <br />technology equipment which will include but be not limited to the equipment listed at Exhibit A <br />attached hereto and incorporated herein and also any enterprise information technology <br />equipment which may in the future replace the equipment listed at Exhibit A. Additionally, the <br />jobs created by the Project will result in an average employee wage of$28.36 per hour, which <br />exceeds 125%of the county average wage for St.Joseph County,Indiana. <br />On behalf of the Company, the undersigned hereby certifies that Company constitutes an <br />Eligible Business" as such term is defined in the Act because the Company meets each of the <br />following requirements: <br />a) The Company is engaged in a business that, upon completion of the Project,will operate <br />one or more facilities dedicated to computing,networking,or data storage activities; <br />b) The Company is located in a facility or data center in Indiana; <br />c) The Company will have invested upon completion of the Project in the aggregate at least <br />10,000,000 in real and personal property which investment will have occurred after <br />June 30,2009;and <br />d) The average employee wage of the Company at the Site is at least 125% of the county <br />average wage for St.Joseph County,Indiana. <br />BDDBOI 6546827v3