Authorizing & Approving the execution of a certified Technology Park Agreement with the Redevelopment Commission, and the Indiana Economic Development Corporation

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CERTIFIED TECHNOLOGY PARK AGREEMENT This Agreement is among the Indiana Economic Development Corporation (hereinafter referred to as "IEDC"), the City of South Bend, Indiana, by and through the South Bend Common Council, the legislative body of the City of South Bend, Indiana (the "Governmental Unit") and the South Bend Redevelopment Commission (the "Commission" and with the Governmental Unit, the "City"). RECITALS WHEREAS, Indiana Code § 36-7-32 et seq. (the "Act") provides that a governmental unit may apply to the IEDC for designation of all or part of the territory within the jurisdiction of the unit's redevelopment commission as a certified technology park under the Act; and WHEREAS, the IEDC may approve a unit's application for the designation of a certified technology park under the Act if the IEDC determines that the application demonstrates (i) a firm commitment from at least one (1) business engaged in a high technology activity creating a significant number of jobs and (ii) significant support from or a significant commitment by, a postsecondary educational institution or other institution of higher education, a private research based institute, or a military research and development or testing facility on an active United States government military base or other installation located within, or in the vicinity of, the proposed certified technology park, among other criteria set forth in Section 11 of the Act; and WHEREAS, the IEDC may not approve an application for a certified technology park that would result in a substantial reduction or cessation of operations in another location in Indiana in order to relocate them within the certified technology park; and WHEREAS, the Act further provides that upon the IEDC's designation of the certified technology park that the IEDC, the unit's redevelopment commission and legislative body of the unit that created the redevelopment commission shall enter into an agreement governing the certified technology park's designation; and WHEREAS, to maintain its designation, the Act provides that a successful applicant must maintain information regarding the operation of the certified technology park, including but not limited to, the following: (1) total employment and payroll levels for all businesses operating within the certified technology park, (2) the nature and extent of any technology transfer activity occurring within the certified technology park; (3) the nature and extent of any nontechnology businesses operating within the certified technology park; (4) the use and outcomes of any state money made available to the certified technology park; and (5) an analysis of the certified technology park's overall contribution to the technology-based economy in Indiana; and WHEREAS, the City has filed an application with the IEDC dated August 12, 2008 (the "Application") for the designation of an area commonly referred to as Innovation Park at Notre Dame as a certified technology park under the Act (the "Park"), which Application is attached hereto as Appendix I and hereby incorporated herein by reference; and EXHIBIT >~ a ~ nBn