HomeMy WebLinkAbout2022-10-17 I01J Apple Annual Certification WaiverAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 17, 2022
AGENDA ITEM:Consideration of approval of a resolution approving waiver of Annual
Certification with Apple, Inc. for 2022 and 2023
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The City entered into a development agreement with
Apple, Inc. in September 2017 for the development of a data center
project and supporting buildings. As a part of the development
agreement, Apple is required to provide an annual certification of
employment beginning November 1, 2020. In October 2020, Apple
requested and was approved by Waukee City Council for a waiver of the
annual certification requirement, as the project was still in the design
phase at that time.
The project is currently under construction but not scheduled for
completion for some time; therefore, Apple requests the requirement for
the annual certification be waived for 2022 and 2023, with the annual
reporting commencing on November 1, 2024.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Staff would recommend approval of the proposed resolution.
ATTACHMENTS: I. Proposed Resolution
II. Letter from Apple, Inc.
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1J
THE CITY OF WAUKEE, IOWA
RESOLUTION 2022-
APPROVING WAIVER OF ANNUAL CERTIFICATION WITH APPLE, INC.,
FOR 2022 AND 2023
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee (“City”), Dallas County, State of Iowa, is a duly organized
Municipal Organization; AND,
WHEREAS, the City entered into an Agreement for Private Development with Apple Inc. (“Apple”)
dated September 20, 2017 under which the City granted Apple certain incentives authorized by Iowa
Code Section 15.332 and Apple agreed to locate and construct a series of data center and support
buildings and to maintain for a period of time (“Agreement”); AND,
WHEREAS, under Section 5.2 of the Agreement, Apple is required to submit an Annual Certification
each November, commencing November 1, 2020, and ending on the termination date; AND,
WHEREAS, on October 19, 2020, at the request of Apple, the Waukee City Council approved a
resolution that the Annual Certification reporting requirement be waived and reporting requirements
recommence on November 1, 2022 (Resolution #2020-399); AND,
WHEREAS, as construction of the project is currently underway but will still take time to complete,
Apple requests the right to waive the Annual Certification reporting requirement due November 1,
2022 and November 1, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waukee, Iowa on this
17th day of October, 2022, that the Annual Certification reporting requirement as defined within the
Agreement shall be waived and the Annual Certification reporting requirement shall commence on
November 1, 2024.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
Apple Park, Cupertino, CA 95014
October 11, 2022
The Honorable Courtney Clarke
Mayor of Waukee
City of Waukee
230 W Hickman Road
Waukee, Iowa 50263
Re: Request to Waive Annual Certification Requirement
Dear Mayor Clarke,
Apple Inc. (“Apple”) entered into an Agreement for Private Development, dated September 20, 2017
("Agreement") under which the City of Waukee granted Apple certain incentives authorized by Iowa Code
Section 15.332, and Apple agreed to locate and construct a series of data center and support buildings, on
the Development Property, located in Waukee, Iowa and to maintain it there for a period of not less than 5
years and to meet certain other conditions and criteria. A copy of the Agreement is attached as Exhibit One.
Under the Agreement Section 5.2, Apple is required to submit an Annual Certification each November,
commencing November 1, 2020 and ending on the termination date. Due to the additional time needed to
design and construct the data center, the project was extended and in October 2020, Apple requested and
was granted the right to waive the Annual Certification reporting requirement for 2020 and 2021. Data center
construction is now underway, but these activities are still in progress and will take additional time to be
completed. Apple is requesting the right to waive the Annual Certification reporting requirement due
November 1, 2022 and November 1, 2023. We would submit our first Annual Certification for this Project on
November 1, 2024.
Apple is committed to the community in Waukee. In addition to accelerating community investment plans
through the Public Improvement Fund, Apple also donated to the Waukee Betterment Foundation to support
the special features of Triumph Park that make it accessible to all citizens. Apple is proud to support important
projects like Triumph Park now and in the years to come.
Please acknowledge the City of Waukee’s receipt and confirmation of this request.
All other terms in the Agreement, remain in effect.
Thank you,
Mike Foulkes
Director
State and Local Government Affairs