The project must obtain additional approvals before construction, including a development agreement, a water-services/sewer agreement, and building, engineering, and zoning approvals.

In exchange for the tax exemption, the company must make an annual payment in lieu of taxes starting when an exempt data-center building becomes taxable absent the exemption. The base payment is $1,206,000, increased by an annual CPI adjustment capped at 3% and by $1.20 per square foot for qualifying buildings exceeding 1 million square feet.

The company must pay all real-property taxes not covered by the exemption and may lose the agreement beginning with the applicable year if those taxes remain unpaid for 90 days after written notice.

The company must submit an exemption application for each new building and provide information reasonably required by the applicable tax-incentive review council; the City has up to 45 days to verify each application before certifying it to the county auditor.

If the company materially fails to fulfill the agreement and does not cure the failure within 90 days after notice, the City may terminate, suspend, or modify the property-tax exemptions.

If data-center operations cease continuously for more than one year ending on or before December 31, 2040, the City may terminate, suspend, or modify exemptions and require repayment of up to 100% of the otherwise applicable real-property taxes for the cessation year and the two preceding tax years, reduced by PILOT payments already made. Force-majeure periods are excluded.

Once project payroll reaches at least $2 million in a calendar year, the City must share 50% of municipal income taxes collected from project employees with the Marysville Exempted Village School District for as long as the property-tax exemption remains in effect.

Ordinance C proposes additional utility barriers for large users, although it had only received second reading in the minutes: users requesting more than 200,000 gallons per day would have water-capacity fees calculated at $15 per gallon per day, and nonresidential users exceeding 200,000 gallons per day would be subject to minimum charges guaranteeing payment for 50% of daily usage.

Ordinance C also proposes restricting new private groundwater wells within City limits: new wells would require approval from the Union County Health Department and Ohio EPA, and a property with available public water service could not install a new well and would have to connect to the public system.

Provides a 100% real-property-tax exemption for 15 years for each new data-center building constructed at the project site. The exemption applies only to new buildings, must begin by tax year 2045, and cannot extend beyond tax year 2059. 15-year, 100% real property tax exemption

Allows the company to choose whether an exemption for a partially completed building begins in the partial-construction tax year or a later full-construction tax year. may choose

Replaces ordinary exempted property taxes with an annual PILOT obligation of $1,206,000, subject to a CPI adjustment capped at 3% per year and an additional $1.20 per square foot for qualifying data-center space over one million square feet. The PILOT is owed only when at least one qualifying building is receiving an exemption. Base PILOT

Authorizes the project to be developed, constructed, and operated in one or more phases, including data centers and related offices, utility buildings, infrastructure, and site improvements. in one or more phases

Requires the City to cooperate in the project's development, including expeditious review, processing, and approval of permits under the City's control, cooperation on other project-related activities, and commercially reasonable cooperation on traffic and road-access issues. expeditious review, processing, and approval

Preserves previously granted and future exemptions if the CRA designation expires, loses state certification, or is revoked, unless the company materially fails to perform its agreement obligations and the City terminates, suspends, or modifies the exemptions. shall nevertheless continue in effect

Restricts the City from amending or revoking the CRA designation for the project site or modifying the available exemptions unless Ohio law requires it. will not amend or revoke

Permits the company to transfer or assign the agreement without City approval to affiliates, merger or consolidation successors, asset purchasers, certain corporate successors, or project-financing entities. After notice of a permitted transfer, the prior company is released from liability for later defaults. without the approval of the City

Limits the City's remedies if data-center operations cease: a cessation must last more than one year and end on or before December 31, 2040; force-majeure periods are excluded; and any tax repayment is limited to the cessation year and two preceding tax years, reduced by PILOT payments. ceases all data center operations

Excuses delays that result from force-majeure events from being treated as breaches and extends performance deadlines for the period of delay. Covered events include power outages, utility failures, changes in law, and insufficient or unavailable utilities for the project. will not be considered a breach

Requires the City to perform acts reasonably necessary to approve, preserve, and maintain the project's tax exemptions, including joining documents and providing required certificates. approve, effect, claim, reserve, preserve and maintain

Provides that the City and company waive challenges to the validity of the CRA and agreement, waive related procedural defects, and must advocate in good faith for their validity if challenged. prohibited from challenging the validity