HomeMy WebLinkAbout24-13 Reconfirming Resolution Aunalytics, Inc. ' Q\
W
CITY OF SOUTH BEND
s PFA CON'VUNITY INVESTMENT
11965 II7 Filed in Clerk's Office
•
APR 1 7 2024
Bianca Tirado
April 17, 2024 City Clerk, South Bend, IN
Council Member Sharon McBride Council Member Troy Warner
President Chairperson
South Bend Common Council Community Investment Committee
County-City Building, 4th Floor South Bend Common Council
South Bend, Indiana 46601 County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Reconfirming a Final Determination and Reconfirming Declaratory Resolution
No. 4174-12 Concerning a Property Tax Exemption for Certain Enterprise
Information Technology Equipment Pursuant to Indiana Code 6-1.1-10-44
(Aunalytics, Inc.)
Dear President McBride and Council Member Warner,
Please find the enclosed resolution to be considered by the Common Council at the April
22, 2024, meeting. The resolution would confirm through Council action that a previously
granted tax exemption for Data Realty Northern Indiana, LLC, a wholly owned subsidiary
of Aunalytics, Inc., for enterprise information technology equipment would apply to new
equipment that Aunalytics, Inc. plans to purchase.
Aunalytics, Inc. is planning a significant capital investment at its facility at 1440 Ignition
Drive in South Bend. The Company anticipates spending more than $30 million to
procure personal property, including high-performance servers, to develop and expand
advanced Artificial Intelligence computing resources and services.
In 2013, the Common Council confirmed a tax exemption for an unlimited term for Data
Realty Northern Indiana, LLC, for eligible enterprise information technology equipment
through a provision of Indiana Code that incentivizes investments in such equipment.
Pursuant to Indiana Code, the exemption also applies to subsequent additional or
replacement equipment if the company and the equipment meet the eligibility
requirements. Attached as an exhibit to the resolution is a Letter Agreement wherein
Aunalytics, Inc. asserts and certifies that both the company and the equipment meet the
requirements of Indiana Code.
The enclosed resolution would reconfirm the tax exemption granted in 2013, confirm that
Aunalytics, Inc. is an "eligible business" meeting the requirements established by Indiana
Code, and confirm that the equipment the company plans to purchase qualifies for the
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
14005 County-City Building 227 W.Jefferson Blvd. South Bend.Indiana 46601 p 574.235.9371 www.southbendin.gov
CITY OF SOUTH BEND COMMUNITY INVESTMENT
exemption in accordance with State law. An estimate of the personal property tax
savings for the new equipment is enclosed as well.
A representative from Aunalytics, Inc. will be available to meet with the Committee and
the Council on April 22, 2024.
Should you or other Council members have questions about the report or need
additional information, please feel free to call me at (574) 235-5838.
Sincerely,
Erik Glavich
Director, Growth and Opportunity
Filed in Clerk's Office
APR 1 7 2024
Bianca Tiracio
City Clerk, South Bend, IN
2
Filed in Clerk's Office
• APR 1 7 2m24
BILL NO. 24-13 Bianca Tirado
RESOLUTION NO. 5076-24 City Clerk, South Bend IN
A RESOLUTION RECONFIRMING A FINAL DETERMINATION AND
RECONFIRMING DECLARATORY RESOLUTION NO. 4174-12
CONCERNING A PROPERTY TAX EXEMPTION FOR CERTAIN
ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO
INDIANA CODE 6-1.1-10-44 AT AN AREA WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS
1440 Ignition Drive, South Bend, Indiana 46601
FOR
Aunalytics, Inc.
WHEREAS, Indiana Code 6-1.1-10-44 was established by Public Law 163-2009 and was
amended by Public Law 173-2011,Public Law 158-2012,and Public Law 256-2019,respectively;
and
WHEREAS, Indiana Code 6-1.1-10-44, as amended (the "Act"), authorizes the Common
Council (the "Common Council") of the City of South Bend, Indiana (the "City"), to make a
determination that certain qualified personal property owned by an eligible business is exempt
from property taxation to the extent such property is located in the City; and
WHEREAS. the Common Council, pursuant to Resolution No. 4174-12 adopted by the
Common Council on April 23, 2012 (the "Declaratory Resolution"), provisionally declared,
subject to the completion of the proceedings set forth in the Act at the time and Section III of the
Declaratory Resolution, that (1) Data Realty Northern Indiana, LLC ("Data Realty Northern
Indiana"), constituted an eligible business under the Act at the time and the Declaratory
Resolution; (2) certain personal property of Data Realty Northern Indiana constituted qualified
property under the Act at the time and the Declaratory Resolution; and (3) the qualified property
was exempt from property taxation for an unlimited term provided that Data Realty Northern
Indiana continues to qualify for the exemption thereunder and under the Act at the time; and
WHEREAS, the Common Council adopted Resolution No. 4278-13 (the "Confirming
Resolution")on September 9, 2013, confirming its findings in the Declaratory Resolution that the
qualified property of Data Realty Northern Indiana is and shall be exempt from property taxation
for an unlimited term provided the company continues to qualify for the exemption under the Act
at the time; and
WHEREAS, the Common Council, pursuant to the Confirming Resolution, further
confirmed the final determination that Data Realty Northern Indiana is an eligible business meeting
the requirements of the Act at the time; and
WHEREAS, the Common Council, pursuant to the Confirming Resolution,also approved
of the form of Letter Agreement with Data Realty Northern Indiana, which was attached to the
Declaratory Resolution; and
WHEREAS, the Act has since been amended such that "qualified property" now means
certain "enterprise information technology equipment purchased after June 30, 2012, and any
additions to or replacements to such property"; and
WHEREAS, Aunalytics, Inc. (the "Company"), is a Delaware For-Profit Corporation
authorized to conduct business in Indiana, with offices at 460 Stull Street, Suite 100, South Bend,
Indiana 46601; and
WHEREAS, Data Realty Northern Indiana is a wholly owned subsidiary of the Company;
and
WHEREAS, an "Eligible Business" as used herein and defined in the Act means an entity
that meet each of the following requirements:
(1) The entity is engaged in a business that operates or leases qualified property
for use in one or more facilities or data centers dedicated to computing,networking,or data
storage activities;
(2) The entity's qualified property is located at a facility or data center in Indiana;
(3) The entity, the lessor of qualified property (if the entity is a lessee), and all
lessees of qualified property invest in the aggregate at least twenty-five million dollars
($25,000,000)in real and personal property at the facility or data center after June 30,2012;
and
(4) The average wage of employees who are located in the municipality and
engaged in the operation of the facility or data center is at least one hundred twenty-five
percent (125%) of the county average wage for the county in which the facility or data
center operates; and
WHEREAS, the Company has presented to this Common Council a Letter Agreement, a
form of which is attached hereto as Exhibit A and the terms of which are incorporated herein(the
"Agreement"); and
WHEREAS, the Company has certified in the Agreement that it qualifies as an Eligible
Business; and
WHEREAS, the Company plans to purchase new enterprise information technology
equipment; and
Filed in Clerk's Office
APR 1 7 2024
Bianca Track)
City Clerk, South Bund, IN
WHEREAS,the Company has included as part of Exhibit A in the Letter Agreement a list
of new enterprise information technology equipment (the "Qualified Property") and has certified
in the Agreement that the Qualified Property meets the requirements as established by the Act;and
WHEREAS, the Project and the additional personal and real property improvements to be
made by Company will benefit the welfare of citizens and taxpayers of the City.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana,as follows:
SECTION I. The Common Council hereby finds, based up on the information provided by the
Company in the Agreement,that the Company is,and its subsidiary Data Realty Northern Indiana
has been, an Eligible Business as defined by the Act.
SECTION II. The Common Council hereby reconfirms Resolution No. 4174-12 and Resolution
No.4278-13 and finds the Qualified Property is and shall be exempt from property taxation for an
unlimited term,provided that the Company continues to qualify for the exemption under the Act.
SECTION III. The Common Council hereby approves of the form of Letter Agreement attached
hereto as Exhibit A and authorizes the Mayor and Clerk to execute and attest, respectively, the
form of Letter Agreement attached hereto as Exhibit A.
SECTION IV. The Common Council further confirms that the final determination and property
tax exemption confirmation for certain enterprise technology equipment is based on the
Company's representations that:
(1) It is engaged in a business in the City of South Bend at 1440 Ignition Drive that
operates a facility dedicated to computing, networking, or data storage
activities;
(2) It is and will continue to be located at the Ignition Drive location;
(3) Upon the completion of the proposed project,the Company will have invested
in the aggregate at least twenty-five million dollars ($25,000,000) in real and personal
property at the Ignition Drive location; and
(4) The average wage of employees of the Company's Ignition Drive location is
at least one hundred twenty-five percent(125%)of the average wage for St.Joseph County.
SECTION V. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Sharon McBride, Council President
South Bend Common Council
Attest:
Bianca Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana, on the day of , 2024, at
o'clock .m.
Bianca Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2024,at o'clock
.m.
James Mueller, Mayor
City of South Bend
Filed in Clerk's Office
APR 1 7 20211
Bianca Tirade
City Clerk, South Build, IN
Filed in Clerk's Office
APR 1 7 2024
Bianca Tirado
Exhibit A City Clerk, South Bend, IN
[Letter Agreement For New Qualified Property Under Indiana Code 6-1.1-10-44]
Filed in Clerk's Office
APR 1 7 2024
LETTER AGREEMENT Bianca Tirado
City Clerk, South Bend, IN
Tax Exemption for New Qualified Property Under Indiana Code 6-1.1-10-44
April 16, 2024
Common Council of the City of South Bend, Indiana
County-City Building, 4th Floor
South Bend, Indiana 46601
Dear Honorable Council Members,
Aunalytics, Inc. and its wholly owned subsidiaries (the "Company") requests that the Common
Council(the"Common Council")of the City of South Bend,Indiana(the"City"),take such action
as is necessary and required pursuant to Indiana Code 6-1.1-10-44, as amended (the "Act"), to
determine that certain new enterprise information technology equipment of the Company is
exempt from property taxation pursuant to the Act.
On April 23,2012,the Common Council adopted Resolution No.4174-12,a declaratory resolution
which provided a tax exemption for an unlimited term pursuant to the Act for certain equipment
for Data Realty Northern Indiana, LLC. A confirming resolution (Resolution No. 4278-13) was
adopted by the Common Council on September 9, 2013. Data Realty Northern Indiana, LLC,
evolved into what is today the Company and formally became a subsidiary in 2019.
The Act provides that "any additions to or replacements to" enterprise information technology
equipment that qualified for an exemption would also be defined as"qualified property"under the
Act, and the exemption would apply to such property. The Company is planning a significant
capital investment in personal and real property at its facility at 1440 Ignition Drive in South Bend
(the"Project").The Company anticipates spending about$30 million to procure personal property
for the Project including high-performance Graphics Processing Unit("GPU")servers to advance
Artificial Intelligence ("AI") initiatives and expand advanced AI computing resources and
services. The planned investment includes the renovation of existing real property to construct
space for the establishment of a GPU server cloud.
A list of the personal property the Company plans to purchase that meets the definition of
"qualified property"under the Act is attached hereto as Exhibit 1 (the "Qualified Property"). The
equipment is in addition to and replacing existing exempt personal property, and thus the 2012-
2013 exemption would apply to these new purchases.As such,the Company requests the Common
Council to confirm that the exemption provided by Resolution No. 4174-12 and confirmed by
Resolution No. 4278-13 should be applied to the new Qualified Property.
The undersigned,for and on behalf of the Company,hereby asserts and certifies that the Company
continues to be an"eligible business"as defined by the Act("Eligible Business"):
• The Company operates a business in the City of South Bend at 1440 Ignition Drive that is
dedicated to computing, networking, or data storage activities;
Filed in Clerk's Office
APR 1 7 2024
Bianca Tirado
City Clerk, South Bend, IN
• The Qualified Property is and will be located at the Ignition Drive location;
• Upon completion of the Project, the Company will have invested more than$30 million in
the aggregate in real and personal property at the Ignition Drive location after June 30,
2012; and
• The average wage of Company employees located in the City and engaged in the operation
of the Ignition Drive location is $42.03 per hour, which exceeds one hundred twenty-five
percent(125%) of the average wage for St. Joseph County.
The undersigned,for and on behalf of the Company,further asserts and certifies that the enterprise
information technology equipment listed in Exhibit 1 is Qualified Property as defined by the Act:
• The equipment does not constitute computer hardware designed for single user,
workstation, or departmental level use;
• The equipment will be purchased after June 30, 2012; and
• The equipment constitutes:
o Hardware supporting computing, networking, or data storage functions, including
servers and routers;
o Networking systems having an industry designation as equipment within the
"enterprise" or "data center" class of networking systems that support the
computing,networking, or data storage functions; or
o Generators and other equipment used to ensure an uninterrupted power supply to
equipment described above.
The Company acknowledges and agrees that,to the extent that it no longer qualifies as an Eligible
Business as defined herein and under the Act or to the extent that the enterprise information
technology equipment for which the Company desires the tax exemption no longer qualifies as
Qualified Property as defined herein or in the Act, said enterprise information technology
equipment will no longer be subject to the tax exemption.
Based on the approximately $30 million in total costs on personal property throughout the life of
the Project,the estimated personal property tax savings to the Company related to this exemption
is$2 million to$3 million.
[Signature Page Follows]
2
Filed in Clerk's Office
APR 17 2024
Bianca Tirado
City Clerk,South Bend, IN
Aunalytics, Inc. (the "Company")
By: 4"F' 7� Zv' �
Richard F. Carlton
Printed Name:
Its: President
City Acknowledgement
The undersigned, acting for an on behalf of the City, enters into and acknowledges the terms of
the forgoing Letter Agreement. The Common Council, having adopted Resolution No. 4174-12,
a declaratory resolution, on April 23, 2012, and Resolution No. 4278-13, a confirming resolution,
on September 9,2013, which together provided a tax exemption for an unlimited term pursuant
to the Act for certain equipment, has completed the actions necessary under the Act by the City
to grant a property tax exemption for the Qualified Property of the Company for an unlimited
term so long as the Company meets the requirements of this Agreement and the Act.
City of South Bend, Indiana(the "City")
Approved and signed by me on the day of _ ,2024, at
o'clock .m.
James Mueller
Mayor
Attest:
Bianca Tirado, City Clerk
3
1 .. .4 I L.VF.
biaii i luuuv
Exhibit 1 City Clerk,South Bend, i .
Qualified Property Listing
The Company anticipates it will purchase and locate at 1440 Ignition Drive in South Bend,
Indiana, Qualified Property, listed below,pursuant to the Act in an amount expected to exceed
Thirty Million Dollars($30,000,000.00).As of the time of this Agreement,the equipment has not
been bid.
Property Description Estimated Amount
Graphics Processing Units(GPU's) Servers $16,000,000
Storage Solutions $3,800,000
Software Licensing/Development $9,500,000
Networking Infrastructure $1,300,000
Data Center Infrastructure (racks, cooling,power, etc.) $5,800,000
Total $36,400,000
As part of the first phase of the Project,the Company has identified the specifications of certain
servers and networking equipment.The below equipment is included for illustrative purposes as
examples of the Qualified Property that will be procured and deployed:
Qty Type Manufacturer Model Product CPU Storage Network Total CPU
Description Count Memory
4 Server Supermicro SYS- GPU: 8 24TB 100Gb x 1113 Intel
421GE- NVIDIA 2 6548Y+
TNRT Ada L40S
48GB
5 Server Supermicro SYS- GPU: 8 64TB 100Gb x 2TB Intel
821GE- NVIDIA 2 8570
TNHR H 100 80GB
Qty Type Manufacturer j Model Product Description
2 Switch Cisco N9K- Nexus 9300
C93180YCFX3- 48p1/10/25G6p40/100GMACsecSyncE
RF
2 Switch Cisco CON-L1NCD- CX LEVEL 1 8X7NCD Nexus 9300
Support N9KC93x3 48p 1/10/25G, 6p 40/100G, MACse
4 Switch Power Cisco CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15
Cord Plug,North America
4
Filed in Clerk's Office
APR 1 7 2024
Bianca Tirado
City Clerk, South Bend, IN
Qty Type Manufacturer Model Product Description
2 Switch Cisco Cl-SUBS- OPT OUT FOR "Default" DCN
Subscription OPTOUT Subscription Selection
1 Blade Chassis Cisco UCSB-5108- UCS 5108 Blade Server AC2 Chassis/0
AC2= PSU/8 fans/0 FEX
1 Chassis Cisco CON-LI4OS- CX LEVEL 1 24X7X4OS UCS 5108
Support 6508AC2 Blade Server AC2 Chassis, 0 PSU
4 Chassis Power Cisco UCSB-PSU- 2500W Platinum AC Hot Plug PSUDV
2500ACDV (Not EU/UK Lot 9 Compliant)
4 Chassis Power Cisco CAB-C19-CBN Cabinet Jumper Power Cord, 250 VAC
16A, C20-C 19 Connectors
1 Chassis Cisco N20-FW018 UCS 5108 Blade Chassis FW Package
Firmware 4.2
1 Chassis Cisco UCSB-5108- UCS 5108 Packaging for chassis with
Packaging PKG-HW half width blades.
1 Chassis Power Cisco N01-UAC 1 Single phase AC power module for
UCS 5108
1 Chassis Cisco N20-CAK Accessory kit for UCS 5108 Blade
Accessory Kit Server Chassis
8 Chassis Blade Cisco N20-CBLKB 1 Blade slot blanking panel for UCS
Blanks 5108/single slot
8 Chassis Fans Cisco N20-FAN5 Fan module for UCS 5108
2 Chassis IOMs Cisco UCS-IOM- UCS 2304V2 I/O Module (4 External,
2304V2 8 Internal 40Gb Ports)
1 Blade Cisco UCS-M6-MLB UCS M6 RACK, BLADE MLB
4 Blade Server Cisco UCSB-B200-M6- UCS B200 M6 Blade w/o CPU,mem,
U HDD, mezz(UPG)
4 Blade Support Cisco CON-L1NCO- CX LEVEL 1 8X7XNCDOSUCS
UCSB2M6U B200 M6 Blade wo CPU mem HDD
mez
4 Blade RAID Cisco UCSB- Cisco M6 FlexStorage 12G SAS RAID
Card RAID12G-M6 Controller
4 Blade LOM Cisco UCSB-MLOM- Cisco UCS VIC 1440 modular LOM
40G-04 for Blade Servers
4 Blade Security Cisco UCSX-TPM- TPM 2.0,TCG, FIPS 140-2, CC
002C EAL4+Certified, for M6 servers
4 Blade Cisco N20-FW018 UCS 5108 Blade Chassis FW Package
Firmware 4.2
80 Blade DIMM Cisco UCS-DIMM- UCS DIMM Blanks
Blanks BLK
4 Blade Heatsink Cisco UCSB-HS-M6-F CPU Heat Sink for UCS B-Series M6
CPU socket(Front)
4 Blade Heatsink Cisco UCSB-HS-M6-R CPU Heat Sink for UCS B-Series M6
CPU socket(Rear)
8 Blade Cisco UCS-CPU-I8358 Intel 8358 2.6GHz/250W 32C/48MB
Processor DDR4 3200MHz
5
Qty Type Manufacturer Model Product Description
48 Blade Memory Cisco UCS-MR- 64GB RDIMM DRx4 3200 (16Gb)
X64G2RW
8 Blade Hard Cisco UCS- 120 GB 2.5 inch Enterprise Value 6G
Drive SD120GM6-EV SATA SSD
4 Blade FlexPod Cisco UCS-SID-INFR- Converged-FlexPod
CFP
4 Blade Use Cisco UCS-SID-WKL- Other Workload
OW
1 Blade Cisco DC-MGT- Intersight Opt Out
Software Opt- OPTOUT
Out
1 Blade Cisco OPTOUT-USE- Customer using alternate systems mgt.
UCSM tool: UCSM
1 Header NetApp AFF-A400 AFF-A400, HEADER LINE
Description
2 NetApp NetApp AFF-A400A-003 AFF-A400 HA System,Ethernet
Controllers Bundle
4 Connectivity NetApp X1148A-N-C MC 2-Pt BareCage 100GbE RoCE
QSFP28 PCIe,-C
2 Connectivity NetApp X 1151 A-N-C NIC,l 00GbE, PCIe gen3 x16, Smart
IO,-C
2 Connectivity NetApp X1161A-C MEZZANINE,4-Pt,25G,CX5,-C
2 Data at Rest NetApp DATA-AT-REST- Data at Rest Encryption Capable
Encryption ENCRYPTION Operating Sys
1 Rail Kit NetApp X-02659-00-N-C Rail Kit,4-Post,Rnd/Sq-Hole,Adj,24-
32,-C
1 Rail Kit NetApp X5532A-N-C Rai1,4-Post,Thin,Rnd/Sq-
Hole,Sm,Adj,24-32;C
8 SFPs NetApp X6589-N-C SFP+Optical 10Gb Shortwave,-C
8 QSFPs NetApp X65405-N-C QSFP28,100GbE,SR,-C
1 Physical NetApp X3166A-C Chassis,AFF-A400,FAS8300/8700,-C
Chassis
1 Documentation NetApp DOC-AFF-A400- Documents,AFF-A400;C
C
1 NVMe Disk NetApp NS224-B-0-24-C NVMe SHLF2U24EmptyNo PSU-C
Shelf
6 Jumper Cord NetApp X800-42U-R6-C Jumper Crd,In-Cab,C 13-C 14;C
8 Network NetApp X66200-5-N-C Cable,Cntlr-Switch
Cabling OM4,MPO/MPO,5m,-C
2 Network NetApp X66211 A-05-N- Cable,100GbE,QSFP28-
Cabling C QSFP28,Cu,0.5m;C
4 Network NetApp X66211B-1-N-C Cable,100GbE,QSFP28-
Cabling QSFP28,Cu,lm,-C
8 Network NetApp X66250-5-N-C Cable,LC-LC,OM4,5m,-C
Cabling
Filed in Clerk's flfficr
6
APR 17 2024
Bianco 'I"ir:a v
City Clerk, Suuth Bu;u1, IN
Qty Type Manufacturer Model Product Description
2 Network NetApp X66240A-05-N- Cable,25GbE,SFP28-SFP28,Cu,0.5m,-
Cabling C C
2 Power Supply NetApp X97602A-C Power Supply,1600W,Titanium,-C
4 Power Supply NetApp X737A-C Power Supply,1600W,-C
8 Hard Drives NetApp X4013A-2-N-C Drive Pack 2X7.6TB,NVMe,SED,-C
1,216 ONTAP NetApp SW-ONTAPO- SW,ONTAP One Package,Per-
Software NVME-A03-C 0.1 TB,NVME,A03;C
1 4hr Support NetApp CS-4HR- 4hr Parts Delivery and Replacement
REPLACEMENT
1 Software NetApp CS-G1-SE- SupportEdge Advisor
Intellegience ADVISOR
1 ONTAP NetApp SW SMIRROR- SW-SMIRROR-CLD-ONTAP-ONE
Software CLD-ONTAP-
Feature ONE
1 ONTAP NetApp SW S3-SM- SW-S3-SM-ONTAP-ONE
Software ONTAP-ONE
Feature
1 Header NetApp AFF-A250 HEADER LINE
Description
2 NetApp NetApp AFF-A250A-001 AFF A250 HA System
Controllers
1 Description NetApp AFF-A250-200-C AFF A250NVMeZero DriveNo PSU-C
2 Power Supply NetApp X737A-C Power Supply,1600W,-C
7 Hard Drives NetApp X4011A-2-N-C Drive Pack 2X3.8TB,NVMe,SED,-C
4 QSFPs NetApp X65405-N-C QSFP28,100GbE,SR,-C
4 Network NetApp X66200-5-N-C Cable,Cntlr-Switch
Cabling 0M4,MPO/MPO,5m,-C
2 Network NetApp X66240A-05-N- Cable,25GbE,SFP28-SFP28,Cu,0.5m,-
Cabling C C
1 Rail Kit NetApp X5532A-N-C Rai1,4-Post,Thin,Rnd/Sq-
Hole,Sm,Adj,24-3 2,-C
1 Documentation NetApp DOC-AFF-A250- Documents,AFF-A250;C
C
2 Jumper Cord NetApp X800-42U-R6-C Jumper Crd,In-Cab,C 13-C 14,-C
532 ONTAP NetApp SW ONTAPO- SW,ONTAP One Package,Per-
Software NVME-A01-C 0.1TB,NVMe,A01;C
2 Network Card NetApp X1153-N-C MEZZANINE 2-Port 100GbE,-C
2 Data at Rest NetApp DATA-AT-REST- Data at Rest Encryption Capable
Encryption ENCRYPTION Operating Sys
1 4hr Support NetApp CS-4HR- 4hr Parts Delivery and Replacement
REPLACEMENT
1 Software NetApp CS-GI-SE- SupportEdge Advisor
Intellegience ADVISOR
Filed in Clerk's Ot(ice
7
APR 17 2024
Bianca Tirariu
City Clerk, South Berm, IN
Qty Type Manufacturer Model Product Description
1 ONTAP NetApp SW-SMIRROR- SW-SMIRROR-CLD-ONTAP-ONE
Software CLD-ONTAP-
Feature ONE
1 ONTAP NetApp SW S3-SM- SW-S3-SM-ONTAP-ONE
Software ONTAP-ONE
Feature
Filed in Clerk's Office
APR 17 2024
Bianca Tirado
City Clerk, South Bend, IN
8
April 16,2024
Aunalytics, Inc.
South Bend Portage Township
Personal Property Tax Abatement Schedule*
Estimated Equipment Cost: $ 30,000,000
Asset Pool: Pool#2(5-8 years)
Property Address: 1440 Ignition Drive
Tax Key Number: TBD
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8
Assessed Value(AV)
True Tax Value(TTV) 40% 56% 42% 32% 24% 18% 15% 0%
New Base(Equipment Cost x TTV) 12,000,000 16,800,000 12,600,000 9,600,000 7,200,000 5,400,000 4,500,000 -
Abatement 100% 100% 100% 100% 100% 100% 100% 100%
Abatement Deduction (12,000,000) (16,800,000) (12,600,000) (9,600,000) (7,200,000) (5,400,000) (4,500,000)Net Assessed Value - - - - - - - -
Estimated Property Taxes Without Abatement
Assume constant tax rate of 5.3548%
Gross Tax(Tax Rate x Net AV) 642,576 899,606 674,705 514,061 385,546 289,159 240,966 -
Debt Service(0.3840%of Net AV) 46,080 64,512 48,384 36,864 27,648 20,736 17,280 -
Local Tax Credit(12.3682%of GT-DS) (73,776) (103,286) (77,465) (59,021) (44,265) (33,199) (27,666) -
Circuit Breaker Credit (208,800) (292,320) (219,240) (167,040) (125,280) (93,960) (78,300) -
Tax Liability $ 406,080 $ 568,512 $ 426,384 $ 324,864 $ 243,648 $ 182,736 $ 152,280 $ -
Circuit Breaker Cap 3% 3% 3% 3% 3% 3% 3% 3%
360.000 504,000 378.000 288,000 216,000 162,000 135,000 -
Year Abatement New Tax Taxes Taxes Abated NePProjTaadxes
1 100% $ 406,080 $ (406,080) $ -
2 100% 568,512 (568,512) Filed in Clerk's Office
3 100% 426,384 (426,384) -
4 100% 324,864 (324,864) -
5 100% 243,648 (243,648) - APR 1 7 2024
6 100% 182,736 (182,736) -
7 100% 152,280 (152,280)100% Bianca Tirado
8
- - -Total: 2,304,504 (2,304,504) City Clerk, South Bend, IN
This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2023 Payable 2024.
The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates.
Department of Community Investment
l City of South Bend
Filed in Clerk's Office
APR 1 7 2024
Bianca Tirado
City Clerk, South Bend, IN
RESOLUTION
4174-12
Passed by the Common Council of the City of South Bend, Indiana
April 23, 20 12
Attest: City Clerk
Attest' • President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 24, 20 12
ciAlCiP ., City Clerk
Approved and signed by me Ar f,\ Z 1 20 L Z .
RESOLUTION NO. Ll 7 — L'
DECLARATORY RESOLUTION OF THE
COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,
AUTHORIZING A PROPERTY TAX EXEMPTION FOR
CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT
PURSUANT TO INDIANA CODE 6-1.1-10-44
(DATA REALTY NORTHERN INDIANA,LLC PROJECT LOCATED AT
1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT)
WHEREAS, Indiana Code 6-1.1-10-44 (the "Act") authorizes the Common
Council (the "Common Council") of the City of South Bend, Indiana (the "City") to make a
determination that certain qualified personal property owned by a eligible business is exempt from
property taxation to the extent such property is located in the City; and
WHEREAS, Data Realty Northern Indiana,LLC(the"Company"),has announced
its plans to locate a computing, networking, and data storage facility (the "Project") at 1440
Ignition Drive South in the City(the"Site");
WHEREAS, the jobs to be created by the Project will have an average employee
wage of$28.36 per hour and the Project will result in a capital investment of$14.2 million in real
and personal property improvements;and
WHEREAS, the Company has presented to this Common Council a Letter
Agreement, a form of which is attached hereto as Exhibit A and the terms of which are
incorporated herein (the "Agreement"), in which Agreement the Company describes the Project,
and pursuant to which the Company requests that this Common Council determine that (i)the
Company is an"Eligible Business"as defined herein and in the Act;and(ii) certain of the personal
property to be owned by the Company and located at the Site listed at Exhibit A to the Agreement
and including any equipment which may replace such equipment (the "Computer Equipment") is
"Qualified Property" as defined herein and in the Act and therefore qualifies for the property tax
exemption provided by the Act; and
WHEREAS, as used herein and as defined in the Act, "Qualified Property"means
certain enterprise information technology equipment acquired after June 30, 2009, which would
include any of the personal property listed below, but would not include computer hardware
designed for a single user,workstation, or departmental level use:
(a) Hardware supporting computing, networking, or data storage function,
including servers and routers;
(b) Networking systems having an industry designation as equipment within
the "enterprise" or "data center" class of networking systems that support
the computing,networking,or data storage functions;or
BDDB01 65465I 8v3
(c) Generators and other equipment used to ensure an uninterrupted power
supply to the equipment described in subparagraph(a) or(b)above; and
WHEREAS, "Eligible Business" as used herein and defined in the Act means an
entity that meets each of the following requirements:
(a) The entity is engaged in a business that operates one or more facilities
dedicated to computing, networking or data storage activities;
(b) The entity is located in a facility or data center in Indiana;
(c) The entity invests in the aggregate at least$10,000,000 in real and personal
property in Indiana after June 30,2009; and
(d) The average employee wage of the entity is at least 125% of the county
average wage for each county in which the entity conducts its business
operations; and
WHEREAS, the Company has certified in the Agreement that(i) it qualifies as an
Eligible Business and (ii) the Computer Equipment constitutes Qualified Property; and
WHEREAS, the Project and the real and personal property improvements to be
made by the Company at the Site by the Company will benefit the welfare of all citizens and
taxpayers of the City;
NOW,THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby makes the following findings based
upon the information provided by the Company in the Agreement:
A. The Company constitutes an Eligible Business; and
B. The Computer Equipment constitutes Qualified Property.
SECTION II. Subject to the completion of the procedures required by the Act and
described below, the Common Council provisionally declares the Computer Equipment to be
exempt from property taxation, which exemption will continue for an unlimited period of time,
provided that the Company continues to qualify as an Eligible Business and the Computer
Equipment continues to qualify as"Qualified Property"under the Act.
SECTION III. The Common Council hereby authorizes a notice of the adoption
and the substance of this Declaratory Resolution to be published in accordance with Subsection(g)
of the Act and the Clerk is hereby authorized to cause to be filed a copy of the notice and this
resolution with each taxing unit located in the County. Additionally, a copy of this Declaratory
Resolution shall be filed with the St.Joseph County Assessor's office. The notice shall specify a
date when the Common Council will receive and hear all remonstrances and objections from
interested persons. Following such hearing,the Common Council will consider the adoption of a
BDDB01 6546518v3 - 2-
confirming resolution to modify, confirm or rescind this Declaratory Resolution and authorize the
execution of the Agreement by the Mayor and the Clerk, for an on behalf of the City,granting the
property tax exemption authorized under the Act for the Qualified Property.
SECTION IV. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval • , the Mayc /
1 tL . /
_ 4 fair4
ember of the Common Council
11
�( Ll-l` r i
PRESENTED \` AR 1 e Z01Z
NOT APPROVED
_,
'ADOPTED Lk,L3_AL imA! t�ooE
A
art CLERK,soli ni BEND,IN
BDDBOI 6546518v3 -3 -
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
12-35 A DECLARATORY RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AUTHORIZING A PROPERTY TAX EXEMPTION FOR
CERTAIN ENTERPRISE INFORMATION TECHNOLOGY
EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44
DATA REALTY NORTHERN INDIANA, LLC PROJECT
LOCATED AT 1440 IGNITION DRIVE SOUTH IN THE
SIXTH COUNCIL DISTRICT
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
This bill was heard by the Community & Economic Development Committee.
Karen L. White
Chairperson, Committee of the Whole
120000UNTY-CITYBurIDING .e1 �\ /0j ' PHONE 574/235-9371
eU � \ ,iri ii C
227 W JEFFERSON BOULEVARD : W��\IILWE�� r FAX 574/235-9021
SOUTH BEND,INDIANA 46601-1830 1. `',.t'S
R R ,,
'- , 1865
CITY OF SOUTH BEND PETE BU IMGIEG,MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
April 16,2012
Derek Dieter,President
South Bend Common Council
435 County-City Building
South Bend, Indiana 46601
RE:DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA,AUTHORIZING A PROPERTY TAX EXEMPTION FOR QUALIFIED
ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE
6-1.1-10-44(DATA REALTY NORTHERN INDIANA,LLC PROJECT LOCATED AT 1440
IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT)
Dear President Dieter:
Attached for filing please find the above-referenced Declaratory Resolution to be considered by the
Common Council at its April 23, 2012 meeting. Approval of this Resolution would be the first step in
providing property tax exemption for qualifying enterprise information technology equipment to Data
Realty Northern Indiana, LLC. Attached as an Exhibit to the Resolution is a Letter Agreement wherein
Data Realty states their project meets the requirements of State law in order to receive this exemption.
Specifically, the project investment will be about $14.2 million,exceeding the required $10.0 million. $6.0
million of the investment is expected to be in equipment qualifying for the exemption. Additionally, the
jobs to be created will have an average wage of$28.36/hour, exceeding the requirement that they be greater
than 125% of the county average. The county average is about $18.50 /hour and 125% would be
$23.13/hour. The Resolution and Letter Agreement are both in the form prescribed by Resolution 4089-11
approved by the South Bend Common Council March 14, 2011. Don Inks will be presenting the
Resolution.
Your favorable consideration is requested. Please do not hesitate to contact me if you need additional
information. Filed-in dI?rf-aS Of
Sifn iely,
D nald E. nks ��,���E.77:3
vC'.2
irector,Economic Development CI'P'1'gt,,t ri RDE
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT
PAMELA C.MEYER DONALD E.INKS
574/235-9660 574/235-9371
Fix:574/235-9469 0 i�,.
EXHIBIT A
LETTER AGREEMENT
(see attached)
BDDBOI 6546518v3
LETTER AGREEMENT REGARDING
ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT
TAX EXEMPTION
April 16,2012
The Common Council
City of South Bend,Indiana
227 West Jefferson Blvd. • Suite 400 S
South Bend,Indiana 46601
Dear Honorable Council Members:
Data Realty Northern Indiana, LLC (the "Company") requests that the Common Council (the
"Common Council") of the City of South Bend, Indiana (the "City"), take such action as is
necessary and required pursuant to Indiana Code § 6-1.1-10-44(the "Act")in order to determine
that certain enterprise information technology equipment of the Company is exempt from
property taxation pursuant to the Act.
The Company proposes to locate a project at 1440 Ignition Drive South (the "Site") which is
located within the boundaries of the City (the "Project") which Project will result in a capital
investment in real and personal property at the Site of$14.2 million. $6.0 million of the personal
property improvements will be attributable to the installation at the Site of enterprise information
technology equipment which will include but be not limited to the equipment listed at Exhibit A
attached hereto and incorporated herein and also any enterprise information technology
equipment which may in the future replace the equipment listed at Exhibit A. Additionally, the
jobs created by the Project will result in an average employee wage of$28.36 per hour, which
exceeds 125%of the county average wage for St.Joseph County,Indiana.
On behalf of the Company, the undersigned hereby certifies that Company constitutes an
"Eligible Business" as such term is defined in the Act because the Company meets each of the
following requirements:
(a) The Company is engaged in a business that, upon completion of the Project,will operate
one or more facilities dedicated to computing,networking,or data storage activities;
(b) The Company is located in a facility or data center in Indiana;
(c) The Company will have invested upon completion of the Project in the aggregate at least
$10,000,000 in real and personal property which investment will have occurred after
June 30,2009;and
(d) The average employee wage of the Company at the Site is at least 125% of the county
average wage for St.Joseph County,Indiana.
BDDBOI 6546827v3
The undersigned, for and on behalf of the Company, further hereby certifies that the enterprise
information technology equipment listed at Exhibit A attached hereto and incorporated herein is
Qualified Property because it has been or will be purchased after June 30, 2009, and it
constitutes:
(1) Hardware supporting computing, networking, or data storage function, including servers
and routers;
(2) Networking systems having industry designation as equipment within the "enterprise" or
"data center"class of networking systems that support the computing,networking,or data
storage functions;or
(3) Generators and other equipment used to insure an uninterrupted power supply to
equipment described subparagraph(1)or(2)above.
The undersigned further certifies for and on behalf of the Company that none of the Qualified
Property constitutes computer hardware designed for single user, workstation or departmental
level use.
The Company requests that all enterprise information technology equipment which would
constitute Qualified Property as defined herein and in the Act be deemed exempt from property
taxation as provided by the Act.
The Company acknowledges and agrees that, to the extent that it no longer qualifies as an
Eligible Business as defined herein and under the Act or to the extent that the enterprise
information technology equipment for which the Company desires the tax exemption no longer
qualifies as "Qualified Property" as defined herein or in the Act, said enterprise information
technology equipment will no longer be subject to the tax exemption.
ompany")
40
By:
Printed Name: l`/f^iv' 4v,
Its: ?ref',ie,A.7
2
BDDB01 6546827v3
CITY ACKNOWLEDGEMENT:
The undersigned,acting for and on behalf of the City, enters into and acknowledges the terms of
the foregoing Letter Agreement. The Common Council,having adopted a declaratory resolution
(Resolution No. , adopted on , 20 ), provided notice as required by the
Act, and adopted a confirming resolution (Resolution No. , adopted on
20 )determining to grant the tax exemption provided by the Act,has completed the actions
necessary under the Act by the City to grant a property tax exemption for the Qualified Property
of the Company for an unlimited term so long as the Company meets the requirements of this
Agreement and the Act.
CITY OF SOUTH BEND,INDIANA
,20_
Mayor
ATTEST:
City Clerk
-3-
BDDB01 6546827v3
EXHIBIT A
Qualified Property Listing
Data Realty Northern Indiana(DRNI)will locate a Project that will result in a capital investment
in real and personal property of $14,200,000 at 1440 Ignition Drive South at Ignition Park.
DRNI will be purchasing Qualified Property pursuant to Indiana Code 6-1.1-10-44 in an amount
expected to equal$6,000,000. That property will include generators and other equipment used to
ensure an uninterrupted power supply to both enterprise hardware and networking equipment
located in the Data Center. An outline of the equipment is included below.
Cate"or:k F.tinwted ("ost
Electrical Equipment 3,200,000
Cooling Equipment 1,500,000
Support Equipment 1,300,000
$6,000,000
Currently,the enterprise equipment is still being bid and so a more detailed list is not available at
this time. Data Realty Northern Indiana is in the process of conducting a thorough analysis of all
enterprise equipment being installed at the Data Center, including a cost segregation analysis,
and it will provide a revised schedule with line item detail to the Council once that analysis is
complete and prior to the Council's consideration of the Confirmatory Resolution giving final
approval for this exemption.
T. ____.:______,
in eerRp
ir; 1 0 ?OlZ' I
s a i'
CLERK,
CA..l i.�xE-L®,Itd
.u.s...�.,,,,�, .I
BDDBOI 6546827v3
RESOLUTION
4278-13
Passed by the Common Council of the City of South Bend,Indiana
September 9, 13
20 .
Attest: City Clerk
Attest President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 10. 20 13
City Clerk
Approved and signed by me S f PT f/i f(Z 13
20-.
Mayor
RESOLUTION NO. � 2 7 Y"'(3
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, MAKING A FINAL DETERMINATION AND CONFIRMING A PROPERTY
TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY
EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44(DATA REALTY
NORTHERN INDIANA LLC PROJECT LOCATED AT 1440 IGNITION DRIVE IN THE
SIXTH COUNCIL DISTRICT
WHEREAS.The Common Council(the"Common Council)of the City of South
Bend,Indiana(the"City"),pursuant to Resolution No. 4174-12 adopted by the Common
Council on April 24,2012(the"Declaratory Resolution"),provisionally declared subject
to the completion of the proceedings set forth in Indiana Code 6-1.1-10-44(the"Act")and
Section III of the Declaratory Resolution that(i)Data Realty Northern Indiana LLC(the
"Company")constitutes an Eligible Business under the Act and the Declaratory Resolution;(ii)
certain personal property of the Company will constitute Qualified Property(the"Qualified
Property")under the Act and the Declaratory Resolution;and(iii)the Qualified Property will be
exempt from property taxation for an unlimited term provided that the Company continues to
qualify for the exemption hereunder and under the Act;and
WHEREAS,pursuant to the Act and Indiana Code 5-3-1,public notice of the
adoption and the substance of the Declaratory Resolution was provided as well as setting forth
that a public hearing would be held on August 26,2013,to receive and hear all remonstrances
and objections from interested persons;and
WHEREAS,a copy of the Declaratory Resolution and the public notice
referenced above was filed with the office of the St.Joseph County Assessor and with each
taxing unit in the County;and
WHEREAS,on August 26,2013 the Common Council received and heard all
remonstrances and objections to the Declaratory Resolution from interested persons and
considered the evidence presented.
NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of
South Bend,Indiana,as follows:
SECTION I.The Common Council hereby confirms its findings in the
Declaratory Resolution determining that the Qualified Property of the Company is and shall be
exempt from property taxation for an unlimited term provided that the Company continues to
qualify for the exemption under the Act. The Common Council hereby approves of the form of
Letter Agreement attached to the Declaratory Resolution and authorizes the Mayor and Clerk to
execute and attest,respectively,the form of Letter Agreement attached to the Declaratory
Resolution.
SECTION II.The Common Council further confirms that the final determination
and property tax exemption confirmation for certain enterprise information technology
equipment is based on Data Realty's representations that:
(a) It is engaged in a business that operates one or more facilities dedicated to
computing,networking or data storage activities;
(b) It is located in a facility or data center in Indiana;
(c) It invests in the aggregate at least$10,000.000 in real and personal property
in Indiana after June 30,2009;and
(d) The average employee wage of the entity is at least 125%of the county
average wage for each county in which the entity conducts its business
operation.
SECTION III.This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
Member of the Council
Filed Office]
1 AUG 16 2013 pRESENTi.o C,e u J'S . 441-4511'
JOIrd 1100i-:.E
140.% 'APPROVED CITY CLERK,SOUTH BEND,IN
wpOPSE0. -\-ct_U a s rib +
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
13-54 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, MAKIN A FINAL
DETERMINATION AND CONFIRMING A PROPERTY TAX
EXCEPTION OF CERTAIN ENTERPRISE INFORMATION
TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA
CODE 6-1.1-10-44 DATA REALTY NORTHERN INDIANA
LLC PROJECT LOCATED AT 1440 IGNITION DRIVE IN
THE SIXTH COUNCIL DISTRICT
This bill was heard by the Community Investment Committee.
Karen L. White
Chairperson, Committee of the Whole
m 2
5 YEAR
31-Jul-13 E. ;" ci
�; 9 � �Ei
Data Realty ,_ Q
of
South Bend Portage Township
Gi `� t}-
Persona!Property Tax Abatement Schedule" I() z
9J
Tax Key Number 0 1. ,
Current Assessed Value: 0 3
Estimated Project Cost: 7,929,766 Y. E
40% 60% 55% 45% 37%
100% 80% 60% 40% 20%
Year 1 Year 2 Year 3 Year 4 Year 5
Current
Assessed Value: AV&Tax Pay 2013 Pay 2014 Pay 2015 Pay 2016 Pay 2017
Current Assessed Value 100% 0 0 0 0 0 0
Base Assessed Value 3,171,906 4,757,860 4,361,371 3,568,395 2,934,013
'.ess Abatement Deduction (3,171,906) (3,806,288) (2,616,823) (1,427,358) (586,803)
Net Assessed Value 0 0 951,572 1,744,549 2,141,037 2,347,211
Property Taxes:
Assume constant tax rate of 4.8951% 4.8951% 4.8951% 4.8951% 4.8951% 4.8951%
Gross Tax(tax rate x net assessed value) 0 0 46,580 85,397 104,806 114,898
Less Circuit Breaker Credit 0 0 0 0 0 (11,050)
Net Tax 0 0 46,580 85,397 104,806 103,849
Circuit Breaker Cap
Circuit Breaker 3.0000% 0 95,157 142,736 130,841 107,052 88,020
Debt Service 0.6743% 0 0 6,417 11,764 14,438 15,828
Circuit Braker Cap 0 95.157 149,153 142,605 121,490 103,849
New Combined Net l co90 19F ire!)A
Existing Project Existing&New Tax Tax
Year Taxes Taxes Taxes Abated paid
Pay 2011 0 116,547 116,547 116,547 0
Pay2012 0 174,820 174,820 128,240 46,580
Pay 2013 0 160,252 160,252 74,854 85,397
Pay 2014 0 131,115 131,115 26,309 104,806
Pay 2015 0 107,806 107,806 3,957 103,849
Totals 0 690,540 690540 349,907 340,633 p q Q3"1O
'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values J
will ultimately be determined by the actual assessed valuation and the!hen current tax rates. u.0 �(Y t3 .....p j a-inn.
TN...
227 W.JEFFERSON BOULEVARD \�C;. PHONE:574/235-9371
SurrE1400S. F %�'r
`� / �' FAx:574/235-902!
Soum BEND,IN 46601-1830 c.11
1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
COMMUNITY INVESTMENT
July 26,2013 SCOTT FORD,EXECUTIVE DIRECTOR
Council Member Gavin Ferlic,Chairperson
Community&Economic Development Committee
South Bend Common Council
4th Floor,County City Building
South Bend,IN 46601
RE: Personal Property Tax Abatement Petition for:
Data Realty Northern Indiana LLC
•
Dear Council Member Ferlic:
Data Realty Northern Indiana,LLC was approved for a personal property tax abatement with an unlimited
term through Declaratory Resolution 4174-12 adopted by the Common Council on April 24,2012. The
term is unlimited so long as the Company continues to meet the requirements of the Letter Agreement and
the statute. At that time the Company agreed to provide the Common Council with an updated property
listing before receiving the Confirming Resolution.
Attached you will find the updated property listing along with a copy of the Declaratory Resolution that
was approved previously.Attached also is the Letter Agreement previously signed by Rich Carlton of
Data Realty Northern Indiana,LLC along with the proposed Confirming Resolution.
Should you or any of the other Council,:members have any questions concerning the report or need
additional information,please feel free`to call'me at 235-9278.
Sincerely,
Way el&
Kathy Hahn
Analyst-Economic Resources
Attachments (Filed in Clerk's Office
c: South Bend Common Council Members
Mayor Pete Buttigieg JUL 26 2013
Scott Ford
o E
Chris Fieldingrt�h ,,��, '
CIIYG �=+�c.V.,•
±x,
Dave Relos E 84END,IN
PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES
JITINICAIN •11 I: (R11MEL1 C.MFYER DONALD I:.IN KS
EXHIBIT A
Qualified Property Listing
Data Realty Northern Indiana(DRNI)will locate a Project that will result in a capital investment
in real and personal property of$14,200,000 at 1440 Ignition Drive South at Ignition Park.
DRNI will be purchasing Qualified Property pursuant to Indiana Code 6-1.1-10-44 in an amount
expected to equal$6,000,000. That property will include generators and other equipment used to
ensure an uninterrupted power supply to both enterprise hardware and networking equipment
located in the Data Center. An outline of the equipment is included below.
Cat egon IatinIatcd("ust
Electrical Equipment 3,200,000
Cooling Equipment 1,500,000
Support Equipment 1,300,000
$6,000,000
Currently,the enterprise equipment is still being bid and so a more detailed list is not available at
this time. Data Realty Northern Indiana is in the process of conducting a thorough analysis of all
enterprise equipment being installed at the Data Center, including a cost segregation analysis,
and it will provide a revised schedule with line item detail to the Council once that analysis is
complete and prior to the Council's consideration of the Confirmatory Resolution giving final .
approval for this exemption.
t
Filed if1 CIOP'lt'I
I
1
JUL 26 iOnI
cm C1.200, Ero,IIV
BDDBOI 6546827v3
Data Realty Northern Indiana
County Property Tax Exempt Equipment
As of February 28,2013
Asset No. Asset Description Date Placed in Estimated
P Service Life Acquired Value
I Server Room I(MODI)48Ux48"Cabinets(55) 1 I/1/2012 5.00 263,277.57
2 Comm Room ISP System/Connections 11/1/2012 5.00 176,126.18
3 NOC Monitoring Equipment 11/1/2012 5.00 33,975.62
4 Inspiron660 I1/I/2012 5.00 1,578.50
5 EM X energy monitoring system 10 monitoring points 11/1/2012 5.00 5,922.64
6 Dell EqualLogic PS6100E Storage Array 11/1/2012 5.00 95,247.29
7 Wireless project 11/1/2012 5.00 23,599.84
8 HP-Proliant server DL360P GEN8 E5-2609 11/1/2012 5.00 6,323.93
9 Data Center BMS/Controls,monitoring systems 11/1/2012 5.00 325,245.15
10 Server Room 1(MOD!)Security System 11/1/2012 7.00 100,766.47
11 Cable tray 11/1/2012 5.00 35,259.67
12 Raised access flooring-Room I(MOD!) 11/1/2012 5.00 212,127.62
13 VESDA/Clean Agent/Fire Protection System 11/1/2012 5.00 351,712.49
14 Smardt Chillers(2) 11/1/2012 5.00 648,265.70
15 Evapco Condensers(2) 11/1/2012 5.00 553,001.46
16 LiebertCRAH(8) 11/1/2012 5.00 1,553,886.52
17 Eaton Transformer(2) 11/1/2012 5.00 161,996.51
18 CaterpillarGenerators(2) I1/12012 7.00 1,206,715.32
19 Medium Voltage Switchgear 11/12012 5.00 241,343.14
20 Eaton Low Voltage Switchgear(2) 11/1/2012 5.00 919,239.02
21 Eaton Transformer&Distribution Panel(4) 11/1/2012 5.00 276,120.95
22 Mitsubishi 500 KVA L)ninterruptible Power Supply(2) 11/1/2012 5.00 592,512.58
23 Automatic Transfer Switches(3) 11/1/2012 5.00 55,827.93
24 Winsted control mom console-NOC(3) 11/12012 7.00 21,267.25
25 Tripp Lite Metered PDU 1/16/2013 5.00 937.27
26 Tripp Lite 3 Phase Monitored PDU 1/17/2013 5.00 638.79
27 Tripp Lite Metered PDU 1/22/2013 5.00 361.29
28 Tripp Lite Metered PDU 1/22/2013 5.00 491.90
29 Circuit Breaker Units 1/25/2013 5.00 14,522.68
30 Circuit Breaker Units 1/30/2013 5.00 3,049.39
31 Commissioning 1/31/2013 5.00 1,282.51
32 Windows Server and SQL Server 2/1/2013 5.00 2,085.32
33 Cords 2/12/2013 5.00 919.87
34 APC Switched Rack PDU&Tripp Lite 3-Phase Monitored 2/26/2013 5.00 8,064.59
35 48Ux48 Rack 2/26/2013 5.00 35,345.00
36 Tripp Lite PDU&Tripp Lite Heavy-Duty Power Supply 2/28/2013 5.00 728.40
Grand Total 7,929,766.35
Filed in Cleric's Office
JOril toot. 5./
CITY CL 4n.3Da/ is SEND,IN
Sp[iT8 g\
1200 Coun-n,G7Y BUILDING A' '
/' �
, PHONE 574/235-9371
227W.JEFFFR50N BOULEVARD i \\ r
FAX 574/235-)071
SOUTH BEND,INDIANA 46601-1830
rs
1865
CITY OF S01/11-1 BEND PETE BUTTIGJEG,MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
April 16,2012
Derek Dieter,President
South Bend Common Council
435 County-City Building
South Bend,Indiana 46601
RE:DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND,INDIANA,AUTHORIZING A PROPERTY TAX EXEMPTION FOR QUALIFIED
ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE
6-1.1-10-44(DATA REALTY NORTHERN INDIANA,LLC PROJECT LOCATED AT 1440
IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT)
Dear President Dieter:
Attached for filing please find the above-referenced Declaratory Resolution to be considered by the
Common Council at its April 23, 2012 meeting. Approval of this Resolution would be the first step in
providing property tax exemption for qualifying enterprise information technology equipment to Data
Realty Northern Indiana, LLC. Attached as an Exhibit to the Resolution is a Letter Agreement wherein
Data Realty states their project meets the requirements of State law in order to receive this exemption.
Specifically,the project investment will be about$14.2 million,exceeding the required$10.0 million. $6.0
million of the investment is expected to be in equipment qualifying for the exemption. Additionally, the
jobs to be created will have an average wage of$28.36/hour,exceeding the requirement that they be greater
than 125% of the county average. The county average is about $18.50 /hour and 125% would be
$23.13/hour. The Resolution and Letter Agreement are both in the form prescribed by Resolution 4089-11
approved by the South Bend Common Council March 14, 2011. Don Inks will be presenting the
Resolution.
Your favorable consideration is requested. Please do not hesitate to contact me if ou --4 ...' '-
information.
Filed in Clerk's Office
Sin erely,
JUL 26 i)i3
7 D nald E. nks
Jvr r s;€rou.4N •
irector,Economic Development C11Y Ct.S'RK.sc
COMMUNITY DEVELOPMENT ECONOMIC DCVO orMFxr
PAWL/C.MEYER
5?4l755-9660 DC•uni3 E.INK
FAX.5744735-9469 57405-9371
EXHIBIT A
LETTER AGREEMENT
(see attached)
Filed Prl Csot
;
JUL 26 2.LY,3
CITY CUR&sou
BDDB01 65465I8v3
LETTER AGREEMENT REGARDING
ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT
TAX EXEMPTION
April 16,2012
The Common Council
City of South Bend,Indiana
227 West Jefferson Blvd.•Suite 400 S
South Bend,Indiana 46601
Dear Honorable Council Members:
Data Realty Northern Indiana, LLC (the "Company") requests that the Common Council (the
"Common Council") of the City of South Bend, Indiana (the "City"), take such action as is
necessary and required pursuant to Indiana Code §6-1.1-10-44(the"Act")in order to determine
that certain enterprise information technology equipment of the Company is exempt from
property taxation pursuant to the Act.
The Company proposes to locate a project at 1440 Ignition Drive South (the "Site") which is
located within the boundaries of the City (the "Project") which Project will result in a capital
investment in real and personal property at the Site of$14.2 million. $6.0 million of the personal
property improvements will be attributable to the installation at the Site of enterprise information
technology equipment which will include but be not limited to the equipment listed at Exhibit A
attached hereto and incorporated herein and also any enterprise information technology
equipment which may in the future replace the equipment listed at Exhibit A. Additionally,the
jobs created by the Project will result in an average employee wage of$28.36 per hour, which
exceeds 125%of the county average wage for St.Joseph County,Indiana.
On behalf of the Company, the undersigned hereby certifies that Company constitutes an
"Eligible Business" as such term is defined in the Act because the Company meets each of the
following requirements:
(a) The Company is engaged in a business that,upon completion of the Project,will operate
one or more facilities dedicated to computing,networking,or data storage activities;
(b) The Company is located in a facility or data center in Indiana;
(c) The Company will have invested upon completion of the Project in the aggregate at least
$10,000,000 in real and personal property which investment will have occurred after
June 30,2009;and
(d) The average employee wage of the Company at the Site is at least 125%of the county
average wage for St.Joseph County,Indiana.
BDDBO]6546827v3
The undersigned, for and on behalf of the Company, further hereby certifies that the enterprise
information technology equipment listed at Exhibit A attached hereto and incorporated herein is
Qualified Property because it has been or will be purchased after June 30, 2009, and it
constitutes:
(1) Hardware supporting computing,networking, or data storage function,including servers
and routers;
(2) Networking systems having industry designation as equipment within the"enterprise"or
"data center"class of networking systems that support the computing,networking,or data
storage functions;or
(3) Generators and other equipment used to insure an uninterrupted power supply to
equipment described subparagraph(1)or(2)above.
The undersigned further certifies for and on behalf of the Company that none of the Qualified
Property constitutes computer hardware designed for single user, workstation or departmental
level use.
The Company requests that all enterprise information technology equipment which would
constitute Qualified Property as defined herein and in the Act be deemed exempt from property
taxation as provided by the Act.
The Company acknowledges and agrees that, to the extent that it no longer qualifies as an
Eligible Business as defined herein and under the Act or to the extent that the enterprise
information technology equipment for which the Company desires the tax exemption no longer
qualifies as "Qualified Property" as defined herein or in the Act, said enterprise information
technology equipment will no longer be subject to the n tax exemption.
/ "
ompany")
By. �X
Printed Name: /`/C 46,// a/4
Its: / r leA 7-
-2-
BDDBOI 6546827v3
CITY ACKNOWLEDGEMENT:
The undersigned,acting for and on behalf of the City,enters into and acknowledges the terms of
the foregoing Letter Agreement. The Common Council,having adopted a declaratory resolution
(Resolution No. , adopted on , 20 ), provided notice as required by the
Act, and adopted a confirming resolution (Resolution No. _, adopted on
20 )determining to grant the tax exemption provided by the Act,has completed the actions
necessary under the Act by the City to grant a property tax exemption for the Qualified Property
of the Company for an unlimited term so long as the Company meets the requirements of this
Agreement and the Act.
CITY OF SOUTH BEND,INDIANA
,20
Mayor
ATTEST:
City Clerk
Filed dr Ci1 1 fr_t, Office
JUL 26 nia -I
JOMN VOO
BDDBOI 654682h3 3 ri�CLERK.SGu s�!BEND,IN