Contract - Switch, ltd - 12/15/2022 DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C7lD66A
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT
This Economic Development Program Agreement("Agreement")is entered into this 15 day
of December, 2022, by and between the City of Round Rock, Texas, a Texas home rule
municipal corporation ("City"), and Switch, Ltd., a Nevada limited liability company
("SWITCH").
WHEREAS, the City has adopted Resolution No. 2022-415, attached as Exhibit A
("Program Resolution"), establishing an economic development program and Resolution
No. 2022-414, attached hereto as Exhibit B (the "Authorizing Resolution"), authorizing the
Mayor to enter into this Agreement with SWITCH and its affiliates as defined by Section 1.002
Texas Business Organizational Code, in recognition of the positive economic benefits to the City
through SWITCH's development of approximately 118.41 acres of land, as more particularly
described on the attached Exhibit C ("Property") as a data center containing a minimum of
approximately one hundred and fifty thousand (150,000) square feet of climate controlled data
center space, the ("Project") (the Program Resolution and the Authorizing Resolution being
collectively referred to herein as the "City Resolutions"); and
WHEREAS, the purpose of this Agreement is to promote economic development as
contemplated by Chapter 380 of the Texas Local Government Code whereby SWITCH intends to
construct, develop, and operate the Project in conformance with the City's development approvals
for the Project, and;
WHEREAS, SWITCH anticipates that it and its customers will expend approximately
$250,000,000.00 in improvements to real property, additions to personal property, and customer
equipment acquisitions in the City; and
WHEREAS, SWITCH intends to hire for the Project at least 15 new full-time and/or full-
time equivalent employees as defined by Section 2.5 of this Agreement; and
WHEREAS,the City agrees to provide performance based Economic Incentive Payments
(as defined below) to SWITCH to defray a portion of the Project's costs;
NOW, THEREFORE, in consideration of the mutual benefits and promises and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and SWITCH agree as follows:
I. Authori . The City's execution of this Agreement is authorized by Chapter 380
of the Texas Local Government Code and the City Resolutions,and constitutes a valid and binding
obligation of the City in the event SWITCH proceeds with the development of the Project. The
City acknowledges that SWITCH is acting in reliance upon the City's performance of its
obligations under this Agreement in making its decision to commit substantial resources and
money to develop the Project.
Economic Development Program Agreement-final;12/05/22
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
2. Definitions.
2.1 "Business Personal Property"means fixtures,equipment,computers,artwork,and
furniture purchased for the purpose of supporting SWITCH's business operations and those of its
customers at the facility.
2.2 "Economic Incentive Payment(s)" ("EIPY') means all of the payments required
to be paid by the City to SWITCH under the Program and this Agreement.
2.3 "Effective Date" is the date this Agreement is executed to be effective by the City
and SWITCH.
2.4 "Facility"means approximately 150,000 square feet of data center and office space
in one or more buildings located in Round Rock, Texas.
2.5 "Full Time Equivalent Employee"("FTE") means a combination of employees,
each of whom individually is not a full-time employee because they are not employed on average
at least 35 hours per week, but who, in combination, are counted as the equivalent of a full-time
employee. FTE's shall include original hires or their replacements over time.
2.6 "One Cent Sales Tax Revenues" means that portion of Sales Tax Revenues
(defined below) resulting from the imposition of a one percent municipal sales and use tax on
purchases arising from the Project, such as that presently in effect pursuant to Texas Tax Code
§321.101(a) and §321.103.
2.7 "Program" means the economic development program established by the City
pursuant to Chapter 380 of the Texas Local Government Code and under the City Resolution to
promote local economic development and stimulate business and commercial activity within the
City.
2.8 "Project" means SWITCH's planned development in Round Rock which shall
consist of data center facilities providing redundant electricity, communications, and other utilities
necessary for continuous operations of a data center. The Project shall include at least 1 building
containing a minimum of one hundred fifty thousand(150,000) square feet of space.
2.9 "Property" means approximately 118.41 acres of land and building(s) more
particularly described in Exhibit C.
2.10 "Recapture Liability" means the total amount of all EIP's that are paid as result of
this Agreement that are subject to recapture by the City from SWITCH in the event of a SWITCH
default.
2.11 "Sales Tax Revenues"means the amount of sales and use tax remitted to the City
arising from the Project. The term "Sales Tax Revenues" shall include any taxes authorized by
the State in the future that are intended to replace sales or use tax revenues currently available to
the City.
2
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
2.12 "Sales Tax Effective Date" means the first day of the month following the date
upon which SWITCH receives a Texas Sales Tax permit for the Project located at the Property.
3. Intention of Parties. The City Council of Round Rock has previously determined
that one of its priority goals is to encourage economic development within the City. To further
these goals, the City is willing to provide EIP's to assist SWITCH in the development and
operation of the facility.
4. Term. This Agreement shall become enforceable upon its Effective Date. This
Agreement shall terminate on the 31St day of December, 2037.
5. Rights and Obligations of SWITCH. In consideration of the City's compliance
with this Agreement, SWITCH agrees as follows:
5.1 Compliance with Development Regulations and Other Ordinances. SWITCH
shall comply with the City's development approval processes and shall develop the Project on the
Property in compliance with City ordinances, City-approved PUD zoning ordinance for the
Property, City-approved development regulations, and other City development requirements.
5.2 Improvements and Additions to Real and Personal Property. SWITCH,
directly and through computer equipment purchased by its customers,agrees to spend a cumulative
total of at least$80,000,000.00 in improvements to real property and additions to personal property
within the City no later than December 31, 2026 and maintain real property, improvements, and
business personal property within the City with a historic cost of$80,000,000.00 during the Term
of this Agreement.The failure of SWITCH to spend the aforementioned$80,000,000 by December
31, 2026 shall be considered an event of default on the part of SWITCH,
5.3 SWITCH Accounting. SWITCH shall maintain complete books and records
showing its compliance with its obligations under this Agreement, which books and records shall
be deemed complete if kept in accordance with generally acceptable accounting principles as
applied to Texas corporations. Such books and records shall be available for examination by the
duly authorized officers or agents of the City during normal business hours upon request made not
less than ten (10) business days prior to the date of such examination. SWITCH shall maintain
such books and records throughout the term of this Agreement and for four(4)years thereafter.
5.4 Sales Tax Confidentiality—Waiver. SWITCH agrees to provide the City with a
Waiver of Sales Tax Confidentially in a form approved by the Texas Comptroller's office"Waiver
Form"). The Waiver Form will be utilized by the City to obtain reports filed by SWITH to verify
the amount of sales and use tax revenues generated from the Project for the previous calendar
quarter. Such reports shall be based upon reports filed by SWITCH with the Texas Comptroller's
office. The City agrees to maintain the confidentiality of the information proved in such reports
and to not disclose any of such information unless otherwise required by applicable law. Provided
however, the foregoing shall not prohibit or limit in any way the right of the City to disclose the
amounts of EIP's paid by the City to Switch.
5.5 Submission of Data. Within thirty (30) days following the end of each calendar
quarter, SWITCH shall submit to the City a schedule detailing the Sales and Use Tax Revenues for
each month in that quarter year. As backup for the schedule, SWITCH shall submit the following:
3
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
(a) A copy of all Sales and Use Tax reports or returns for the Project, including
amended reports, filed by SWITCH for that quarter year showing the sales and use
tax collected and paid; and
(b) Such other data as the parties mutually determine reasonably appropriate to
evidence the sales and use tax collected and paid.
5.6 Clawback. In the event that SWITCH fails to comply with any of the actions as
described in Section 5.1 through 5.5 above (including, without limitation, any failure to comply
with the expenditure requirement of$80,000,000, and such failure continues for a period of one
hundred eighty(180) days after SWITCH's receipt of written notice of such failure from the City,
SWITCH will pay to the City an amount equal to but not to exceed the Recapture Liability in
accordance with Section 6.5.
6 Rights and Obligations of the City. In consideration of SWITCH's compliance
with this Agreement, the City agrees as follows:
6.1 Economic Incentive Payments.
6.1.1 EIP's Based on Sales &Use Tax. City shall,pursuant to Chapter 380 of the
Texas Local Government Code, but subject to the conditions set out herein, make
quarterly EIPs to SWITCH within thirty (30) days after SWITCH submits to the
City the sales and use tax returns reflecting the tax generated by the Project and
actually remitted to the City as required in Section 5.5 above.
(a) Calculations will be based upon sales subject to the City's one percent
(1%) general sales tax;
(b)The EIPs will be an amount equal to fifty percent(50%)of the One Cent
Sales & Use Tax Revenue remitted to the City for the immediately preceding
calendar quarter.
6.2 Payments Subject to Future Appropriations. Although certain payments under
this Agreement are calculated based on a formula applied to sales and use taxes, this Agreement
shall not be construed as a commitment, issue or obligation of any specific taxes or tax revenues
for payment to SWITCH. The payments to be made to SWITCH, if paid, shall be made solely
from annual appropriations from the general funds of the City or from such other funds of the
City as may be legally set aside for the implementation of Article III, Section 52a of the Texas
Constitution or Chapter 380 of the Local Government Code or any other economic development
or financing program authorized by statute or home rule powers of the City under applicable
Texas law, subject to any applicable limitations or procedural requirements. In the event that the
City does not appropriate funds in any fiscal year for payments due under this Agreement, such
failure shall not be considered a default under Section 7.3, and the City shall not be liable to
SWITCH for such payments otherwise due during such fiscal year; however, the term of this
Agreement shall be extended one (1) year for each year the City fails to appropriate funds for
payments otherwise due under this Agreement. SWITCH shall also have the right but not the
obligation to rescind this Agreement. To the extent there is a conflict between this paragraph and
any other language or covenant in this Agreement, this paragraph shall control.
4
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
6.3 City Accounting. The City shall maintain complete books and records showing
sales and use taxes remitted to the City by the State and disbursements of EIPs to SWITCH,which
books and records shall be deemed complete if kept in accordance with generally acceptable
accounting principles as applied to Texas municipalities. Such books and records shall be
available for examination by the duly authorized officers or agents of SWITCH during normal
business hours upon request made not less than ten (10) business days prior to the date of such
examination. The City shall maintain such books and records throughout the term of this
Agreement and for four(4)years thereafter.
6.4 EIP Recapture. In the event the City terminates this Agreement as a result of
SWITCH's default, the City may recapture and collect from SWITCH the Recapture Liability.
SWITCH shall pay to the City the Recapture Liability within thirty(30)days after the City makes
demand for same, subject to any and all lawful offsets, settlements,deduction,or credits to which
SWITCH may be entitled. Notwithstanding anything herein to the contrary, such Recapture
Liability shall not exceed, in the aggregate, an amount equal to all EIPs that were paid pursuant
to this Agreement from the Effective Date to the date of termination (together with interest
thereon to be charged at the statutory rate for delinquent taxes as determined by Section 33.01 of
the Property Tax Code of the State of Texas,but without the addition of a penalty). The City shall
have all remedies for the collection of the Recapture Liability as provided generally in the Tax
Code for the collection of delinquent property taxes.
7. Miscellaneous.
7.1 Mutual Assistance. The City and SWITCH will do all things reasonably necessary
or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist
each other in carrying out such terms and provisions in order to put each other in the same
economic condition contemplated by this Agreement regardless of any changes in public
policy, the law, or taxes or assessments attributable to the Property.
7.2 Representations and Warranties. The City represents and warrants to SWITCH
that the Program and this Agreement are within its authority, and that it is duly authorized
and empowered to establish the Program and enter into this Agreement, unless otherwise
ordered by a court of competent jurisdiction. SWITCH represents and warrants to the City
that it has the requisite authority to enter into this Agreement.
7.3 Default. If either the City or SWITCH should default in the performance of any
obligations of this Agreement, the other party shall provide such defaulting party written
notice of the default, and a minimum period of sixty (60) days to cure such default, prior
to instituting an action for breach or pursuing any other remedy for default. If the City
remains in default after notice and opportunity to cure, SWITCH shall have the right to
pursue any remedy at law or in equity for the City's breach. If SWITCH remains in default
after notice and opportunity to cure, the City's remedy shall initially be limited to
suspension of the EIPs that accrue after the date of such default until such default is cured.
After any such default is cured, the City shall promptly forward any such suspended
payment to SWITCH. If SWITCH's default is not cured within sixty (60) days after
SWITCH's receipt of a second notice of default from the City that clearly and
conspicuously indicates the City's intention to terminate this Agreement, the City may
5
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
terminate this Agreement by giving SWITCH such second written notice of such
termination prior to the date SWITCH cures such default. Any EIPs from City to SWITCH
which is not timely paid by City(unless due to SWITCH's default) shall accrue interest at
the statutory rate for delinquent taxes as determined by Section 33.01 of the Property Tax
Code of the State of Texas, but without the addition of a penalty from the date such EIPs
are due until paid. Any funds owed by SWITCH to the City which are not timely paid by
SWITCH shall accrue interest at the statutory rate for delinquent taxes as determined by
Section 33.01 of the Property Tax Code of the State of Texas, but without the addition of
a penalty from the date such funds are due until paid.
7.4 Attorney's Fees. In the event any legal action or proceeding is commenced
between the City and SWITCH to enforce provisions of this Agreement and recover
damages for breach, the prevailing party in such legal action shall be entitled to recover its
reasonable attorney's fees and expenses incurred by reason of such action, to the extent
allowed by law.
7.5 Entire Agreement. This Agreement contains the entire agreement between the
parties. This Agreement may only be amended, altered or revoked by written instrument
signed by the City and SWITCH.
7.6 Binding Effect. This Agreement shall be binding on and inure to the benefit of the
parties, their respective successors and assigns.
7.7 Assignment. SWITCH may assign all or part of its rights and obligations to a third
party with the express written consent of the City(which consent shall not be unreasonably
withheld, conditioned or denied) and without consent in the event of a merger, acquisition
or restructuring. If the proposed assignee is an affiliated entity under the common control
of the assignor, no consent is needed if the assignor is in compliance with all terms of this
Agreement. A collateral assignment of this Agreement under the terms of a loan shall not
be an assignment for purposes of this Section.
7.8 Amendment. This Agreement may be amended by the mutual written agreement
of the parties.
7.9 Termination. In the event SWITCH elects not to proceed with the Project as
contemplated by this Agreement, SWITCH shall notify the City in writing of such election,
and this Agreement and the obligations on the part of both parties shall thereafter be
deemed terminated and of no further force or effect. Notwithstanding the above, in the
event SWITCH does not substantially complete the construction of the Project and open
for the business by December 31, 2026 (subject to delays caused by an event of force
majeure), the City may terminate this Agreement by giving SWITCH notice thereof prior
to the date the Project is opened for business.
7.10 Notice. Any notice and or statement required and permitted to be delivered shall
be deemed delivered by actual delivery, facsimile with receipt of confirmation, or by
depositing the same in the United States mail, certified with return receipt requested,
postage prepaid, addressed to the appropriate party at the following addresses:
6
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
If to City: City of Round Rock
221 E. Main Street
Round Rock, TX 78664
Attn: City Manager
Phone: (512) 218-5400
Email: citymanager@roundrocktexas.gov
With a required copy to:
Sheets & Crossfield
309 E. Main Street
Round Rock, TX 78664
Attn: Stephan L. Sheets
Phone: (512) 255-8877
Email: steve@scrrlaw.com
If to SWITCH: SWITCH, Ltd.
7135 S. Decature Blvd.
Las Vegas,NV 89118
Phone:
Attention: Office of the General Counsel
Email: legal@switch.com
Either party may designate a different address at any time upon written notice to the other
party.
7.11 Interpretation. Each of the parties has been represented by counsel of its choosing
in the negotiation and preparation of this Agreement. Regardless of which party prepared
the initial draft of this Agreement, this Agreement shall, in the event of any dispute,
regarding its meaning or application,be interpreted fairly and reasonably and neither more
strongly for or against either party.
7.12 Applicable Law. This Agreement is made, and shall be construed and interpreted,
under the laws of the State of Texas and venue shall lie in Williamson County, Texas.
7.13 Severability. In the event any provisions of this Agreement are illegal, invalid, or
unenforceable under present or future laws, it is the intention of the parties that the
remainder of this Agreement shall not be affected. It is also the intention of the parties of
this Agreement that in lieu of each clause and provision that is found to be illegal, invalid,
or unenforceable, a provision be added to this Agreement which is legal, valid or
enforceable and is as similar in terms as possible to the provision found to be illegal,invalid
or unenforceable.
7
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
7.14 Paragraph Headings. The paragraph headings contained in this Agreement are
for convenience only and will in no way enlarge or limit the scope or meaning of the
various and several paragraphs.
7.15 No Third-Party Beneficiaries. This Agreement is not intended to confer any
rights,privileges, or causes of action upon any third party.
7.16 Force Majeure. Except as otherwise provided herein, an equitable adjustment
shall be made for delay or failure in performing if such delay or failure is caused,prevented,
or restricted by conditions beyond that Party's reasonable control (an "event of force
majeure"). An event of force majeure for the purposes of this Agreement shall include,but
not be limited to, acts of God, fire; explosion; vandalism; storm or similar occurrences;
orders or acts of military or civil authority; changes in law,rules, or regulations outside the
control of the affected Party;national emergencies or insurrections;riots; acts of terrorism;
or supplier failures, shortages or breach or delay. Except as otherwise expressly provided
herein, there shall be an equitable adjustment allowed for performance under this
Agreement as the result of any event of force majeure
7.17 Exhibits. The following Exhibits A-E are attached and incorporated by reference
for all purposes:
Exhibit A: City Resolution No. 2022-415
Exhibit B: City Resolution No.2022-414
Exhibit C: SWITCH Property Description
Exhibit D: Certificate of Compliance
6.18 No Joint Venture. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create any partnership or joint venture
between the parties. The City, its past, present and future officers, elected officials,
employees and agents of the City, do not assume any responsibilities or liabilities to any
third party in connection with the development of the Project or the design, construction or
operation of any portion of the Project.
EXECUTED to be effective as of the 15 day of December 2022 (the"Effective Date").
(SIGNATURES ON FOLLOWING PAGES)
8
CITY OF ROUND ROCK,TEXAS,
a home rule city and municipal corporation
By: . )A z
Craig Mor an, M r
APPROVED as to form:
Stephanie L. Sandre, City Attorney
9
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
Switch, Ltd.
a Nevada limited liability company
By: fl bhKA S N,bV 6VU
Thomas Morton, President and Chief Legal
Officer
Its: President and Chief Legal Officer
Date: December 15, 2022
10
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
EXHIBIT A
(The "Program Resolution")
RESOLUTION NO. R-2022-415
WHEREAS, Switch,Ltd.,("SWITCH")has expressed to the City of Round Rock("City")
its desire to locate a world class data center in the City which will provide jobs, sales and use tax
revenue and additional tax base to the City, and
WHEREAS, §380.001 Local Government Code provides that a municipality may
establish an economic development program("Program")to promote local economic development
and to stimulate business and commercial activity in the municipality, and
WHEREAS, the City Council has determined that the Program described in Exhibit "A"
will meet the goals set forth in said §380.001 and will be of mutual benefit to both parties, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the City offers to SWITCH a §380.001 Program in exchange for SWITCH locating a
data center in the City, and
BE IT FURTHER RESOLVED
That the offer of the Program shall be as generally outlined in Exhibit "A" attached hereto
and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
11
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
open to the public as required by law at all times during which this Resolution and the subject
matter hereof were discussed, considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 15 day of December, 2022.
CRAIG MORGAN, Mayor
City of Round Rock, Texas
ATTEST:
Meagan Spinks, City Clerk
12
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
EXHIBIT A(To Program Resolution)
ECONOMIC DEVELOPMENT PROGRAM
The terms of the §380.001 Economic Development Program to be offered to Switch Inc.,
("SWITCH") in exchange for SWITCH's locating a data center in the City of Round Rock are as
generally outlined below:
1. SWITCH's obligations:
1.1. SWITCH agrees to purchase a tract of land containing approximately 118.41 acres
(the "Property").
1.2 SWITCH agrees to construct a data center with a minimum of approximately
150,000 Square feet of climate-controlled computer space (the "Project").
1.3 SWITCH agrees to invest at least$80,000,00 in Project improvements and personal
property.
1.4 SWITCH agrees to employ at least 15 full-time equivalent employees in the
Facility.
2. City's obligations:
2.1 City shall, pursuant to Chapter 380 of the Texas Local Government Code, but
subject to the conditions set out herein, make quarterly EIPs to SWITCH within
thirty (30) days after SWITCH submits to the City the sales and use Tax returns
reflecting the tax generated by the Project and actually paid to the City. The EIPs
will be an amount equal to 50% of the sales and use tax collected and remitted by
SWITCH and actually paid to the City on the city's local option 1% sales tax rate.
3. The terms and provisions of this Program will be set out in more detail in the Economic
Development Program Agreement of even date herewith.
13
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
EXHIBIT B
(The "Authorizing Resolution")
RESOLUTION NO. R-2022-414
WHEREAS, Switch Ltd. ("SWITCH") plans to construct a data center in the City which
will provide jobs and additional tax base ("Project"); and
WHEREAS, the purpose of this Resolution is to approve an economic development
agreement as contemplated by Chapter 380 of the Texas Local Government Code whereby
SWITCH will expend significant sums to construct and operate the Project in conformance with
the City's development approvals for the Project,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City, an
Economic Development Program Agreement with SWITCH, a copy of same being attached hereto
as Exhibit"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour,place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject
matter hereof were discussed, considered and formally acted
14
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
RESOLVED this 15 day of December, 2022.
CRAIG MORGAN, Mayor
City of Round Rock, Texas
ATTEST:
MEAGAN SPINKS, City Clerk
15
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
EXHIBIT C
Property Description
Approximately 118.41 total acres comprised of four (4) different parcels of land, more
specifically described as:
• 14.04 acres located at 150 Dell Way, Round Rock TX
21.78 acres located at 300 Dell Way, Round Rock, TX
• 32.29 acres bordering Louis Henna Boulevard and immediately east
of 4201 Greenlawn Blvd, Round Rock, TX.
• 50.1 acres and buildings located at 2401 Greenlawn Bldg.,Round Rock,TX
DocuSign Envelope ID: 01AD05EA-39DA-4BD3-98D9-10EE2C71D66A
EXHIBITD
CERTIFICATE OF COMPLIANCE
My name is . I am over the
age of 21 years and am capable of making this Certificate. The facts stated in this
Certificate are within my personal knowledge and are true and correct.
Pursuant to that certain Economic Development Program Agreement (the
"Agreement") between Switch, Ltd. "(SWITCH") and the City of Round Rock, the
undersigned hereby certifies to the City that at the time of delivery of this Certificate,
SWITCH is in compliance in all material respects with each of its obligations under the
Agreement.
Attached to this Certificate as Attachment 1 is the documentation necessary to
reflect the statutory activities conducted by SWITCH within the calendar quarter
immediately preceding delivery of this Certificate as required by Section 4.7 of the
Agreement.
Dated this day of , 20
By: (Signature)
(Printed Name)
(Title)
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS THE DAY OF
, 20
NOTARY PUBLIC, STATE OF TEXAS