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HomeMy WebLinkAbout2022-10-17 Resolution 2022-441_Annual Certification Waiver, Apple IncTHE CITY OF WAUKEE, IOWA RESOLUTION 2022-441 APPROVING WAIVER OF ANNUAL CERTIFICATION WITH APPLE, INC., FOR 2022 AND 2023 IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, 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 171h 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. Attest: /n 0. �" J Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE Anna Bergman Pierce X R. Charles Bottenberg Chris Crone X Larry R. Lyon X Ben Sinclair X Courtney Clarke, Mayor NAY ABSENT P. ABSTAIN