HomeMy WebLinkAbout2019-08-19-J01F Development Agreement Amendment 1_Apple IncAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 19, 2019
AGENDA ITEM:Consideration of approval of a resolution approving and authorizing
execution of First Amendment to the Agreement for Private
Development By and Between the City of Waukee, Iowa, and Apple,
Inc.
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: This amendment revises the Development Area of
the Development Agreement to reflect parcels sold to MidAmerican
Energy that will not be part of the Development Area that the agreement
covers.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: None
COMMISSION/BOARD/COMMITTEE COMMENT: N/A
STAFF REVIEW AND COMMENT: City staff recommends approval of the amendment.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Development Agreement Amendment No. 1
PREPARED BY:Dan Dutcher
REVIEWED BY: City Attorney/Bond Counsel
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1F
RESOLUTION NO. ______
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF
A FIRST AMENDMENT TO THE AGREEMENT FOR PRIVATE
DEVELOPMENT BY AND BETWEEN THE CITY OF WAUKEE AND
APPLE, INC.
WHEREAS, the City of Waukee (“City”) and Apple, Inc. (“Developer”) previously
executed an Agreement for Private Development (“Agreement”) and recorded a Memorandum of
the Agreement in Book 2017 at Page 19117 in the records of the Dallas County, Iowa Recorder;
and
WHEREAS, pursuant to the Agreement, in conjunction with obligations under an
Economic Development Assistance Contract between the City, Developer, and Iowa Economic
Development Authority, Developer has the right to cause data center and support buildings to be
constructed on a portion of property within the City’s Waukee West Urban Renewal Area, which
property was referred to in the Agreement as the “Development Property” and described in Exhibit
A thereto; and
WHEREAS, the Developer intends to transfer a portion of the Development Property to
MidAmerican Energy Company and to acquire other land that will be added to the Development
Property, and has requested to amend the definition of the Development Property in the Agreement
accordingly to accurately reflect the property upon which data center and support buildings may
be constructed; and
WHEREAS, the parties have caused a First Amendment to the Agreement to be drafted to
reflect the change in the definition of the Development Property; and
WHEREAS, the Council has determined that the First Amendment is in the best interests
of the City and the residents thereof and that the performance by the City of its obligations
thereunder is a public undertaking and purpose and in furtherance of the Waukee West Urban
Renewal Plan and the Urban Renewal Law and, further, that the Agreement as amended by the
First Amendment and the City's performance thereunder is in furtherance of appropriate economic
development activities and objectives of the City within the meaning of Chapters 15, 15A and 403
of the Iowa Code taking into account any or all of the factors set forth therein.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF WAUKEE IN THE STATE OF IOWA:
Section 1. That the performance by the City of its obligations under the Agreement as
amended by the First Amendment be and is hereby declared to be a public undertaking and purpose
and in furtherance of the Waukee West Urban Renewal Plan and the Urban Renewal Law and,
further, that the Agreement as so amended and the City's performance thereunder is in furtherance
of appropriate economic development activities and objectives of the City within the meaning of
Chapters 15, 15A and 403 of the Iowa Code, taking into account the factors set forth therein.
Section 2. That the form and content of the First Amendment, the provisions of which are
incorporated herein by reference, be and the same hereby are in all respects authorized, approved
and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered
and directed to execute, attest, seal and deliver the First Amendment for and on behalf of the City
in substantially the form and content now before this meeting, but with such changes,
modifications, additions or deletions therein as shall be approved by such officers, and that from
and after the execution and delivery of the First Amendment, the Mayor and the City Clerk are
hereby authorized, empowered and directed to do all such acts and things and to execute all such
documents as may be necessary to carry out and comply with the provisions of the First
Amendment as executed.
PASSED AND APPROVED this 19th day of August, 2019.
Mayor
ATTEST:
City Clerk