6C (2) - Laserfiche WebLink

Home Browse Search

� c (z,) 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.