On the agenda: St Joseph County meeting — data center (Jun 16)

MEMBERS
CARL H. BAXMEYER
District 1
RAFAEL MORTON
District 2
ANTHONY “TONY” HAZEN
District 3

BOARD OF COMMISSIONERS

AGENDA
Tuesday, June 16, 2026 6:00PM, 4th Floor Main Council Chambers
JOIN MEETING BY: CLICKING HERE
JOIN MEETING BY DIAL IN: 309-205-3325 | Meeting ID: 838 4013 6754 | Passcode:281883

A. FIRST ORDER OF BUSINESS: Opening and Reading of Bids/Letters of Interest on:
B. REPORTS AND REQUESTS FROM:
COMMISSIONERS:
a) Approval of the Accounts Payable Docket
b) Demolition Hearings for:
a. 30430 Osborne Road, North Liberty, IN 46554
b. 54421 29th Street, South Bend, IN 46635
c. 14398 Patterson Road, Bremen, IN 46506
d. 52079 Forestbrook Avenue, South Bend, IN 46637
e. 25417 Prescott Avenue, South Bend, IN 46637
f. 52349 Prescott Avenue, South Bend, IN 46637
g. 62515 U.S. 31 South, South Bend, IN 46614
h. 54681 Terrace Lane, South Bend, IN 46635
i. 55548 Fairview Avenue, South Bend, IN 46628
j. 60900 Dogwood Road, Mishawaka, IN 46544
c) Approval of the Mediation Settlement Agreement for David Fain
d) Approval of Actuary Administrative Service Agreement with The Howard E. Nyhart
Company, Inc. for the Police Retirement Plan
IPG:
a) Approval of Strawberry Road Bypass Project Agreement
b) Approval of the Consent Agenda

C. OLD BUSINESS:

D. NEW BUSINESS:

E: PUBLIC COMMENTS: (THREE MINUTE LIMIT)
Those who wish to speak on an agenda item should sign up to speak prior to the start of the meeting. The Board Attorney will call the speakers to the podium in the order of which they have
signed up. Once at the podium, speakers shall identify themselves by stating their name and address for the record. A time limit of three (3) minutes per speaker will be enforced. Speakers
may speak once during the meeting on agenda items, and once under non-agenda items. If an individual is attending via Zoom, they shall identify themselves in the “chat” and their intent to
speak on an agenda item, by commenting their name and address for the record, and the agenda item they wish to speak on no later than five (5) minutes after the start of the meeting.
Public comments are not intended to be a dialog or form of debate with the Board of Commissioners. Public comments will not be accepted on personnel issues. Speakers will not be allowed
to use profanity, vulgar language and/or gestures. Public comments shall be directed to the President and not to individual members or the public. The Board President or Attorney may
interrupt, warn, or terminate a person’s statement if it violates any of these rules and/or becomes personally directed, abusive or obscene.

The Title VI Coordinator has made available at this meeting/hearing a voluntary Public Involvement Survey to collect demographic data to monitor and demonstrate St. Joseph
County’s compliance with its non-discrimination obligations under Title VI and Federal Regulation 23CFR 200.9(b)(4), and more importantly, ensure that affected communities
and interested persons are provided equal access to public involvement. Compliance is voluntary. However, in order to demonstrate compliance with the federal regulation,
the information requested must be documented when provided. It will not be used for any other purpose, except to show that those who are affected or have an interest in
proceedings, or the proposed project have been given an opportunity to provide input throughout the process.

THE HOWARD E. NYHART COMPANY, INC. (“NYHART”)
ADMINISTRATIVE SERVICE AGREEMENT (“AGREEMENT”)
Agreement Between Nyhart and St. Joseph County (IN):
Plan Sponsor Name:

St. Joseph County

Plan Sponsor Address:

227 W. Jefferson Boulevard, 7th Floor
South Bend, IN 46601

Plan Sponsor Phone:

574-235-9534

Plan Sponsor Fiscal Year End:

12/31

Plan Name:

St. Joseph County Police Retirement Plan

Responsible Plan Fiduciary:

St. Joseph County

Services to be provided by Nyhart
All services to be provided by Nyhart are subject to your full cooperation and prompt submission of complete and accurate
information. Nyhart will rely on information that you provide pursuant to this agreement and information on file at our
office, presuming accuracy and completeness. Nyhart will have no responsibility to verify such information and will bear
no liability for errors or omissions as a result of relying on such information. Nyhart accepts no liability for any services
provided by another entity prior to the date this agreement is effective.
Nyhart is not a law firm or a public accounting firm and does not provide legal or tax advice. Therefore, Nyhart
recommends that Plan Sponsor’s legal counsel review any documents it prepares. Further, Plan Sponsor should consult
with an attorney experienced in employee benefit plan matters regarding any questions or concerns that Plan Sponsor
may have relative to the Plan’s qualification (including, but not limited to, the legality of any plan design changes
implemented pursuant to the services provided pursuant to this Agreement), coverage of employees, and any other issue
of a legal nature.
Nyhart will provide the following services, to be completed by July 31, 2026 assuming timely submission of accurate data
and cooperation of all parties:
• Review of most recent actuarial valuation, including commentary on results and assumptions
• Parallel match of most recent actuarial valuation
• Cost impact of changing the Vesting Period effective 1/1/2027
o Baseline Scenario: remain at 8 years
o Alternative Scenario #1: change vesting period to 12 years
▪ Part A – only for participants hired on or after 1/1/2027
▪ Part B – for all participants employed on or after 1/1/2027
o Alternative Scenario #2: change vesting period to 20 years
▪ Part A – only for participants hired on or after 1/1/2027
▪ Part B – for all participants employed on or after 1/1/2027
• Cost impact of changing the Employee Contribution Rate effective 1/1/2027
o Baseline Scenario: remain at 2.5% of pay for those hired on or after 1/1/2022
o Alternative Scenario #1: change employee contribution rate to 5% of pay
▪ Part A – only for participants hired on or after 1/1/2027
▪ Part B – for all participants employed on or after 1/1/2027
o Alternative Scenario #2: change employee contribution rate to 6% of pay
▪ Part A – only for participants hired on or after 1/1/2027
▪ Part B – for all participants employed on or after 1/1/2027
• Review county costs and risks as well as impact to various strawman participants
• Summarized report and virtual presentation of analysis above

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Fees for Services Provided by Nyhart
Initial plan design scenarios outlined above:
Scope of Work

Estimated Pricing

Review and match of most recent actuarial valuation

$7,500

Plan design presentation with 30-year projections
and illustrative examples

$15,000

Due to the open-ended nature of the scope of work, our proposed fees are not fixed or all-inclusive. Instead, we propose
billing at hourly rates based on the specific services provided. Due to the unpredictable nature of negotiations and the
number of variables that might be analyzed, we feel this is the most reasonable structure. This approach allows us to
tailor our work to your unique needs and ensure you only pay for the time and expertise required for your project. Our
hourly rates are determined by the experience level of the associates involved. If the scope of work can be clearly defined,
we are open to discussing a fixed fee at different stages of the project.
Classification

Hourly Rate

Consultant/Relationship Manager

$430/hr.

Valuation Actuary

$315/hr.

Actuarial Analyst

$245/hr.

Relationship of the Parties
The legal relationship between Plan Sponsor and Nyhart shall be exclusively that of principal and agent. The parties
hereto specifically agree and acknowledge that Nyhart shall not:
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Have discretionary authority or control over, or hold, any Plan assets;
Be responsible for ensuring that the Plan complies with any requirement to which the Plan is subject under the
Internal Revenue Code or other applicable law, or be liable to the Plan, Plan Sponsor, or any person if the Plan fails to
comply with any such requirement;
Have any duty or authority to enforce the payment of any contribution owed under the Plan;
Be responsible for the adequacy of the trust established as part of the Plan, or be liable for any benefits owed under
the Plan;
Exercise discretion as to any Plan function, including the administration of the Plan; or
Have any obligation to perform any service not specified in this Agreement or otherwise agreed to in writing by the
parties (regardless of whether such service may be considered “customary” services provided by Nyhart).

Plan Sponsor agrees that Nyhart shall use all information and data supplied by or on behalf of the Plan Sponsor without
having independently verified the accuracy or completeness of it except to the extent required by generally accepted
professional standards and practices. If any documentation or information supplied to Nyhart at any time is incomplete,
inaccurate or not up-to-date, or its provision is unreasonably delayed, Nyhart will not be responsible for any delays or
liability arising therefrom and will be entitled to charge the Plan Sponsor with respect to any resulting additional work
actually performed.
The Plan Sponsor further understands that the failure to provide, or cause to provide, complete, accurate, up-to-date, and
timely documentation and information to Nyhart, whether intentional or by error, could result in an impairment of Nyhart’s
services.

Plan Sponsor Responsibilities and Representations
The Plan Sponsor has general responsibilities with respect to the Plan, including
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Providing all information required by Nyhart to perform its services under this Agreement on a timely basis;
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Reviewing the Plan document, plan summary to be provided to participants, if applicable, and other legal
documents, with legal counsel if applicable, and providing executed copies to Nyhart on request;
Communicating Plan details to employees and answering employee questions;
The Plan Sponsor is solely responsible for ensuring adequate funding of the Plan; and
Authorizing plan disbursements and ensuring accuracy of information provided.

Dispute Resolution
Nyhart and Plan Sponsor agree that before commencing any action or proceeding with respect to any dispute between
the parties arising out of or relating to this Agreement or the Services, they first shall attempt to settle such dispute
through consultation and negotiation in good faith and in a spirit of mutual cooperation. Any such dispute will be
submitted in writing to a panel of one (1) senior executive of each of Nyhart and Plan Sponsor, who will promptly meet
and confer in an effort to resolve such dispute. Each party’s executive will be identified by notice to the other and may be
changed at any time thereafter by notice to the other. Any mutually agreed decisions of the executives will be final and
binding on the parties. In the event the executives are unable to resolve any dispute within thirty (30) days after
submission to them, either party may then refer such dispute to mediation by a mutually acceptable mediator to be chosen
by Nyhart and Plan Sponsor within forty-five (45) days after written notice by either party demanding mediation. Neither
party may unreasonably withhold consent to the selection of a mediator. All communications and discussions in
furtherance of this paragraph shall be treated as confidential settlement negotiations, which are not subject to discovery.
The costs of the mediator shall be shared equally, but each party shall pay its own attorneys’ fees.
Any dispute which cannot be resolved between the parties through negotiation, mediation or other form of alternative
dispute resolution within six months of the date of the initial demand for mediation by one of the parties may then be
submitted to a court of competent jurisdiction. To facilitate an expeditious and economical judicial resolution of such
dispute, Nyhart and Plan Sponsor agree to waive and not to demand a trial by jury, and not to include any employee,
officer, director or trustee of either as a party, in any action, proceeding or counterclaim relating to such dispute. Nothing
in this section will prevent either party from resorting to judicial proceedings if interim relief from a court is necessary to
prevent serious and irreparable injury to that party or to others. Any claim, action or proceeding against Nyhart will be
barred unless Plan Sponsor initiates the dispute resolution procedures outlined below within one year of first discovering
the act, error or omission that is the basis for such claim.

Indemnification and Limitation of Liability
The liability of Nyhart, in tort, contract or otherwise, to Plan Sponsor, a Plan and the officers, directors, trustees,
employees or shareholders of any of them, and to any other third party, for all claims arising in connection with or
contributed to by this Agreement and the Services (including without limitation multiple claims arising out of or based upon
the same act, error or omission, or series of continuous, interrelated or repeated acts, errors or omissions) shall not
include loss of profit or incidental, consequential, indirect, punitive or similar damages and shall be further limited to the
amount of fees for Services received by Nyhart under this Agreement for the twenty-four (24) months immediately
preceding the act, error or omission upon which such liability is based. Nothing in this paragraph shall apply to any
liability which has been finally determined to have arisen from willful misconduct or fraud on the part of Nyhart or which
cannot lawfully be limited, modified or excluded.
Plan Sponsor shall indemnify and hold harmless Nyhart from claims, losses, liabilities, damages, costs, and expenses,
including reasonable attorneys’ fees, arising from inaccurate, incomplete, or untimely information provided to Nyhart;
legal, fiduciary, administrative, or policy decisions made by Plan Sponsor; implementation or non-implementation of plan
design changes; or use of Nyhart’s work product outside the scope of this Agreement, except to the extent finally
determined to have resulted from Nyhart’s gross negligence, willful misconduct, or fraud.
Nyhart shall indemnify the Plan and/or Plan Sponsor from and against any and all claim, loss, liability or damage
(including attorney’s fees) which the Plan and/or Plan Sponsor may incur: (i) arising out of any material breach by Nyhart
of any of its material obligations, representations or warranties contained in this Agreement; or (ii) arising out of Nyhart’s
gross negligence or willful, fraudulent, or criminal misconduct associated with its performance of services under this
Agreement. The parties further recognize that clerical errors and variations may occur. When discovered, they will be
corrected or adjusted by Nyhart, in accordance with its normal procedures, to the extent reasonable and possible.

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Acceptance
The items and conditions of this Agreement are agreed to and accepted by Plan Sponsor on behalf of the Plan. This
Agreement is effective only when signed by all parties.
St. Joseph County
By:
Printed Name:
Date:

Nyhart
By:
Printed Name:
Date:

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ADDENDUM TO THE ADMINISTRATIVE SERVICE AGREEMENT
WITH THE HOWARD E. NYHART COMPANY, INC.

On this 16th day of June, 2026, St. Joseph County, Indiana, through its Board of
Commissioners (the “County”), and The Howard E. Nyhart Company, Inc. (Nyhart) (“Company”),
enter into this Addendum to that certain Administrative Service Agreement (“Agreement”) between
them.
WHEREAS, the County has instituted an internal policy, partially as a result of guidance from the
State of Indiana, requiring certain contract terms be added to any contract executed by
the County following July 13, 2023; and
WHEREAS, the Agreement was not executed by the County prior to July 13, 2023; and
WHEREAS, the parties wish for the County to be allowed under its internal policy and State of
Indiana guidance to execute the Agreement.
NOW, THEREFORE, in consideration of the promises and mutual covenants set forth herein, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
For the purposes of this Addendum, all capitalized terms used herein and not
1.
otherwise defined shall have the meaning set forth in the Agreement.

2.

The following County required terms are added to and fully incorporated in the

Agreement:
Debarment and Suspension

(a)

Company certifies, by entering into this Agreement, that neither it nor its
principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from or
ineligible for participation in any Federal assistance program by any
Federal department or agency, or by any department, agency, or political
subdivision of the State of Indiana. The term
“principal” for purposes of the Agreement means an officer, director,
owner, partner, key employee, or other person with
primary management or supervisory responsibilities, or a person who has
a critical influence on or substantive control over the operation of the
Company.

(b)

Company, by entering into this Agreement, certifies that it does not
engage in investment activities in Iran as more particularly described in
IC 5-22-16.5.

(c)

Company shall provide immediate written notice to County if, at any time
after entering into this Agreement, Company learns that its certifications
were erroneous when submitted, or Company is

debarred, suspended, proposed for debarment, declared ineligible, has
been included on a list or received notice of intend to include on a list
created pursuant to IC 5-22-16.5, voluntarily excluded from or becomes
ineligible for participation in any Federal
assistance program. Any such event shall be cause for termination of this
Agreement as provided herein.

(d)

Company shall not subcontract with any partner which is debarred or
suspended or is otherwise excluded from or ineligible for participation
in any Federal assistance programs by any federal department or
agency, or by any department, agency, or political subdivision of the
State of Indiana.

Termination for Failure of Funding
Notwithstanding any other provision of this Agreement, if funds for the continued
fulfillment of this Agreement by County are at any time insufficient or not
forthcoming through a failure of any entity to appropriate funds or otherwise, then
the County shall have the right to terminate this Agreement without penalty by
giving written notice documenting the lack of funding, in which instance this
Agreement shall terminate and become null and void on the last day of the fiscal
period for which appropriations were received. County agrees to make its best
efforts to obtain sufficient funds, including but not limited to, requesting in its
budget for each fiscal period during the term hereof sufficient funds to meet its
obligations hereunder in full.

3.
Should any provision of the Agreement conflict with this Addendum, this Addendum
controls. In all other respects, the terms and conditions of Agreement shall remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, the undersigned parties have set their hand on the date first recited
above.
ST. JOSEPH COUNTY, INDIANA THROUGH
ITS BOARD OF COMMISSIONERS
By:
Printed: Carl H. Baxmeyer
Title: President
By:
Printed: Anthony "Tony" Hazen
Title: Vice-President
By:
Printed: Rafael Morton
Title: Member

THE HOWARD E. NYHART COMPANY, INC.
By:
Printed:
Title:

STRAWBERRY ROAD PROJECT AGREEMENT
This Strawberry Road Project Agreement (this “Agreement”) is entered into as of the
Effective Date (defined below) by and between Amazon Data Services, Inc. (the “Company”)
and the Board of Commissioners of St. Joseph County (the “Commissioners”). The Company
and the Commissioners are each a party hereto (a “Party”) and are referred to collectively herein
as the “Parties”.
RECITALS
WHEREAS, the Commissioners are vitally interested in the economic welfare of the
citizens of St. Joseph County, Indiana, the creation and maintenance of sustainable jobs for its
citizens, and the development of new infrastructure to serve its citizens, and therefore wish to
provide the necessary conditions to stimulate investment in the local economy, promote
business, and encourage economic growth and development opportunities; and
WHEREAS, the Company is engaged in the development and operation of data centers,
including through direct ownership and third-party partners; and
WHEREAS, the Company has acquired or intends to acquire real property in St. Joseph
County, Indiana (the “Project Site”), as more particularly described in Exhibit A attached
hereto and incorporated herein by reference; and
WHEREAS, the Company desires to develop and construct upon the Project Site certain
real property improvements and/or facilities to be used as a parking and staging area in
connection with construction of a data center (the “Project”), which Project will require the
temporary closing of Strawberry Road and the construction of a new temporary Strawberry
Road on the Project Site; and
WHEREAS, the Commissioners have determined that the Project will have a positive
effect on economic development within and otherwise benefit St. Joseph County; and
NOW, THEREFORE, in consideration of their mutual covenants and agreements set
forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
Section 1.
Construction of Temporary Strawberry Road. The Company will (a)
engineer, design, and construct, at the Company’s expense, a new Strawberry Road (“Temporary
Strawberry Road”) constructed in accordance with agreed upon St. Joseph County (the
“County”) standards and route, as more particularly set forth on Exhibit B attached hereto and
incorporated herein by reference and under the approval and reasonable additional requirements
as may be set forth by the St. Joseph County Engineer.
Section 2.

Dedication of Temporary Strawberry Road.

Section 2.1.
The Company, upon completion and acceptance by the County of
the Temporary Strawberry Road, will deliver a Deed of Dedication, to dedicate the land

and improvements constituting Temporary Strawberry Road to the County.
Section 2.2.
After final inspection of the Temporary Strawberry Road and upon
approval provided by the County Engineer, the Commissioners, for and on behalf of the
County, shall adopt a resolution to accept the Temporary Strawberry Road for use as a
public road within the County road system and to assume all rights and obligations relating
to the maintenance and operation of such Temporary Strawberry Road as part of the County
road system (the “Temporary Road Acceptance”).
Section 3.
Closing of Strawberry Road. Upon Acceptance of Temporary Strawberry
Road, the County shall close the current Strawberry Road, as more particularly described in
Exhibit C attached hereto and incorporated herein by reference (the “Existing Strawberry
Road”). Upon closing the Existing Strawberry Road, the Company shall have full use and control
of such Existing Strawberry Road, including land and improvements, and shall assume all liability,
rights, and obligations for so long as the Existing Strawberry Road is used by the Company.
Section 4.
Reconstruction of Existing Strawberry Road and Acceptance. Upon
completion of the Project, the Company shall abandon its use of the Existing Strawberry Road and
reconstruct, in accordance with agreed upon County standards, as more particularly set forth on
Exhibit B attached hereto and incorporated herein by reference and under the direction, approval,
and additional requirements as may be set forth by the St. Joseph County Engineer, the Existing
Strawberry Road, at Company’s expense. The Existing Strawberry Road shall be reconstructed by
the Company, at its expense, from the points marked on Exhibit D attached hereto and incorporated
herein by reference. After final inspection of the Existing Strawberry Road and upon approval
provided by the County Engineer, the Commissioners, for and on behalf of the County, shall
assume all rights and obligations relating to the maintenance and operation of such reconstructed
Existing Strawberry Road as part of the County road system (the “Existing Road Acceptance”).
Section 5.
Vacation of Temporary Strawberry Road. Upon the Existing Road
Acceptance, the County agrees to support the vacation of the Temporary Strawberry Road.
Section 6.
Indemnification. The Company shall indemnify, protect, defend, and hold
harmless the County, and its successors, assigns, agents, employees, or licensees against each and
every demand, claim, assertion, action, or other liability (including, without limitation, reasonable
attorneys’ fees) asserted against the County, to the extent any such liability arises or is alleged to
have arisen out of or with respect to any act or omission of the Company or its successors, assigns,
agents, employees, or licensees related to this Agreement, the engineering, design, and construction
of the Temporary Strawberry Road, the closing of the Existing Strawberry Road, and the
engineering, design, and reconstruction of the Existing Strawberry Road.
Section 7.

Miscellaneous.

Section 7.1.
Entire Agreement. This Agreement, including any exhibits,
contains the entire agreement by and between the Parties concerning the matters set forth
herein and supersedes any prior understanding or agreements between the Parties. This
Agreement may not be amended or modified except in writing by the Parties. No reference

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to any other agreement herein will constitute an incorporation of any of the terms of that
agreement into this Agreement, except as expressly stated herein.
Section 7.2.
Waiver. No delay or failure by the Parties to exercise any right
hereunder, and no partial or single exercise of any such right, shall constitute a waiver of
that or any other right, unless otherwise expressly provided herein.
Section 7.3.
Headings. The subject headings contained in this Agreement are for
reference purposes only and do not in any way affect the meaning or interpretation hereof.
Section 7.4.
Notices. Any notice, demand, request, or other communication
which any party may be required or may desire to give hereunder shall be in writing,
addressed as follows, and shall be deemed to have been properly given if hand delivered
(effective upon delivery), if sent by reputable overnight courier, charges prepaid (effective
the business day following delivery to such courier), or, if mailed by United States
registered or certified mail, postage prepaid, return receipt requested (effective two (2)
business days after mailing):
If to Company:
Amazon Data Services, Inc.
Attention: General Counsel
P.O. Box 81226
Seattle, Washington 98108
Email: [email protected] [email protected]
If to Commissioners:
The Board of County Commissioners of St. Joseph County
County-City Building
227 West Jefferson Boulevard, Suite 722
South Bend, Indiana 46601
Email: __________
or at such other address as the party to be served with notice may have furnished, in
writing, to the party seeking or desiring to serve notice as a place for the service of notice.
Notices given in any other manner shall be deemed effective only upon receipt.
Section 7.5.
Counterparts. This Agreement and any amendments hereof may be
executed in one or more counterparts, each of which when so executed and delivered shall
be deemed to be an original, and all of which taken together shall constitute one and the
same instrument, notwithstanding that all the Parties have not signed the original or the
same counterpart. Any counterpart hereof signed by the Party against whom enforcement
of this Agreement is sought shall be admissible into evidence as an original hereof to prove
the contents hereof.

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Section 7.6.
Severability. If any provision of this Agreement is determined by a
court having jurisdiction to be illegal, invalid, or unenforceable under any present or future
law, the remainder of this Agreement will not be affected thereby. It is the intention of the
parties that if any provision is so held to be illegal, invalid, or unenforceable, there will be
added in lieu thereof a provision as similar in terms to such provision as is possible that is
legal, valid, and enforceable.
Section 7.7.
No Joint Venture. Nothing contained in this Agreement will be
construed to constitute any party as a joint venturer or constitute a partnership with any
other party.
Section 7.8.
Construction. The Parties acknowledge that each Party and each
Party’s counsel have reviewed and revised this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting Party
will not be employed in the interpretation of this Agreement or any amendments or exhibits
hereto.
Section 7.9.
Authorization. The persons executing and delivering this
Agreement on behalf of the Parties hereto represent and warrant to the other Party that such
person is duly authorized to act for and on behalf of said Party and execute and deliver this
Agreement in such capacity as is indicated below.
Section 7.10.
Governing Law. This Agreement is made, and is intended to be
performed, in the State of Indiana, and will be construed and enforced in accordance with
the laws of the State of Indiana, without reference to its conflict of law rules. Jurisdiction
and venue for any litigation arising out of or involving this Agreement will lie in a court of
competent jurisdiction in the state and federal courts situated in St. Joseph County, Indiana.
(or, in the case of the Indiana Tax Court or Indiana appellate courts, Marion County,
Indiana). With respect to any proceeding or action arising out of or in any way related to
this Agreement (whether in contract, tort, equity, or otherwise) the Parties knowingly,
intentionally, and irrevocably waive their right to trial by jury.
Section 7.11.
Assignment. The rights and obligations contained in this
Agreement may not be assigned by Company without the express prior written consent of
the Commissioners, which consent shall not be unreasonably withheld, conditioned, or
delayed, except that the Company may assign this Agreement to an affiliate or in
connection with any merger, reorganization, restructuring, sale of all or substantially all of
the Company’s assets, or any similar transaction.
[Signature Page to Follow]

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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
duly authorized representatives to be effective as of the Effective Date. For purposes of this
Agreement, the “Effective Date” shall mean the date when this Agreement becomes fully executed
by all parties hereto.
COMPANY:
AMAZON DATA SERVICES, INC.
By: ______________________________
Name: ____________________________
Its: ______________________________
COMMISSIONERS:
BOARD OF COMMISSIONERS OF
ST. JOSEPH COUNTY
By: ______________________________
Name: ____________________________
Its: President
By: ______________________________
Name: ____________________________
Its: Vice President
By: ______________________________
Name: ____________________________
Its: Member

Signature Page to Strawberry Road Project Agreement

EXHIBIT A
Project Site

Exhibit A to Strawberry Road Project Agreement

EXHIBIT B
Temporary Strawberry Road

Exhibit B to Strawberry Road Project Agreement

EXHIBIT C
Existing Strawberry Road

Exhibit C to Strawberry Road Project Agreement

EXHIBIT D
Reconstruction Points

Exhibit D to Strawberry Road Project Agreement

Exhibit D to Strawberry Road Project Agreement

MEMBERS
CARL H. BAXMEYER
District 1
RAFAEL MORTON
District 2

BOARD OF COMMISSIONERS

ANTHONY “TONY” HAZEN
District 3

INFRASTRUCTURE, PLANNING & GROWTH
CONSENT AGENDA
Tuesday, June 16, 2026
6:00 PM, 4th Floor Council Chambers
Development / Subdivision Requests

Special Events Requests
• Miami Trails /Orchard Heights Neighborhood 4th of July Parade
Traffic Regulatory Requests

227 W. Jefferson Blvd. | 7th Fl. | South Bend, IN 46601 P: (574)
235-9534 | F: (574) 235-7849