HomeMy WebLinkAbout2020-10-19-I01Z Apple Annual Certification WaiverAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 19, 2020
AGENDA ITEM:Consideration of approval of a resolution approving waiver of Annual
Certification with Apple, Inc. for 2020 and 2021.
FORMAT:Resolution
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. With the additional time
related to the design of the project, Apple is requesting the requirement
for the annual certification be waived for 2020 and 2021 with the annual
reporting commencing on November 1, 2022.
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:Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1Z
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING WAIVER OF ANNUAL CERTIFICATION WITH APPLE INC. FOR 2020 AND
2021
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, due to the additional time needed to design and construct the data center, the project was
extended and Apple is requesting the right to waive the Annual Certification reporting requirement due
November 1, 2020 and November 1, 2021
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waukee, Iowa on this 19th
day of October, 2020, 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, 2022.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
October 15, 2020
The Honorable Courtney Clarke
Mayor of Waukee
City of Waukee
230 W Hickman Road
Waukee, Iowa 50263
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
Apple is requesting the right to waive the Annual Certification reporting requirement due
November 1, 2020 and November 1, 2021. We would submit our first Annual Certification for
this Project on November 1, 2022.
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 will 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