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FIRST AMENDMENT TO THE USE, MANAGEMENT AND
OPERATIONS AGREEMENT DATED NOVEMBER 17, 2011 ( "Use Agreement ")
BETWEEN DATA REALTY NORTHERN INDIANA, LLC AND
THE SOUTH BEND REDEVELOPMENT COMMISSION
This First Amendment to the Use Agreement ( "First Amendment ") is made and entered
into this day of April, 2012 by and between Data Realty Northern Indiana, LLC (the
"Company ") and the South Bend Redevelopment Commission (the "Commission ") (collectively
the "Parties ");
Statement of Facts
A. The Parties entered into a Use Agreement on November 17, 2011.
B. The subject matter of the Use Agreement was a generator with switch gear and
transformers reasonably satisfactory to the Company pursuant to a Contract for
Purchase and Sale dated July 26, 2011 entered into between the Parties (the
"Contract ").
C. As part of the Contract, the Company provided Commission five (5) Racks as
defined in paragraph 6(f) of the Contract in the Company's facility for fifteen (15)
years. Commission provided at its cost, a generator switch gear and transformers
reasonably satisfactory to Company.
D. In part to comply with paragraph 7(b) of the Contract, Commission shall provide
as a Site Amenity as defined in the Contract, at its cost, additional property which
is attached hereto and made a part hereof as Exhibit "A ". In consideration for the
additional property being included in the Use Agreement, Company shall provide
Commission the five (5) Racks described in the Contract for an additional five (5)
year period over and above the fifteen (15) years originally required under the
Contract.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
contained herein and for all other good and valuable consideration the receipt of which is
mutually acknowledged, the Company and the Commission agree as follows:
1. Incorporation of Statement of Facts. The Statements of Facts are incorporated
into the operative provisions of this Agreement as if fully set out herein.
2. Remaining Terms of Use Agreement. All of the terms and conditions of the Use
Agreement except only as modified by this First Amendment shall remain in full force and
effect.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the undersigned on behalf of the Commission and the
Company execute this Use, Management, and Operations Agreement as of the day and year first
written above.
DATA REALTY NORTHERN INDIANA, LLC
By:
Richard Carlton, President /COO
Its Authorized Representative
.0
Printed:
Title:
ATTEST:
Signature
Printed Name and it e
Gibney \dataRea1ty \useAGR4_ I 'Amd
CITY OF SOUTH BEND, DEPARTMENT OF
REDEVELOPMENT, by and through the South
Bend Redevelopment Commission, its governing body
3
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this
day of April, 2012, personally appeared and
, known to be the and , respectively,
of the South Bend Redevelopment Commission, the governing body of the City of South Bend,
Department of Redevelopment and acknowledged execution of the foregoing on behalf of said
Commission and Department.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal.
Resident of the
My commission expires:
County, Indiana
Notary Public
STATE OF INDIANA )
) SS:
ST JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County and State this
day of April, 2012, personally appeared Richard Carlton, its Authorized Representative of Data
Realty Northern Indiana, LLC and acknowledged execution of the foregoing Contract for
Purchase and Sale on behalf of said Company.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal.
Resident of the County, Indiana
My commission expires:
5
Notary Public
EXHIBIT "A"
ADDITIONAL PROPERTY SUBJECT TO USE AGREEMENT
CRAH Units (Computer Room Air Handler)
A computer room air handler monitors and maintains the temperature, air distribution and
humidity in a data center. The Redevelopment Commission's commitment to Data Realty is as
follows:
Deliver fourteen (14) chilled water computer room air handling (CRAH) units. Six (6) CRAH
units will be dedicated to the data center space and will supply air to a 36 inch deep raised floor
system mounted on manufacture provided floor stands, four (4) CRAH units will be dedicated to
the UPS Rooms and four (4) CRAH units will be dedicated to the Communication Rooms
mounted on 4" housekeeping pads."
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