HomeMy WebLinkAbout2023-05-15 Resolution 2023-209_Minimum Assessment Agreement, Apple IncRESOLUTION NO. 2023-209
RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF A MINIMUM ASSESSMENT AGREEMENT
FOR THE FIRST DATA CENTER BY AND BETWEEN THE
CITY OF WAUKEE AND APPLE INC.
WHEREAS, the City of Waukee ("City") and Apple Inc. ("Developer") have entered into
an Agreement for Private Development dated as of the 20"' day of September 2017, as amended
by that certain First Amendment to the Agreement for Private Development dated as of the 14°i
day of August 2019 (as amended, "Agreement" or "Development Agreement") regarding certain
real property located in the City, which includes the following parcel:
Lot 1, Morgan Plat 2
("Data Center 1 Development Property"); and
WHEREAS, it is contemplated that Developer will undertake the construction of an initial
Data Center Building (referred to herein as "First Data Center") on the Data Center 1 Development
Property, as provided in the Development Agreement; and
WHEREAS, pursuant to Section 403.6(19) of the Code of Iowa, the City and Developer
now propose to enter into a Minimum Assessment Agreement ("Minimum Assessment
Agreement") with the County setting the minimum actual value of the First Data Center for tax
purposes at not less than $200,000.000, and
WIIEREAS, the Council has determined that the Minimum Assessment Agreement is in
the best interests of the City and the residents thereof and is in furtherance of appropriate economic
development activities and objectives of the City within the meaning of Chapters 15A and 403 of
the Iowa Code.
NOW THEREFORE, BE IT RESOLVED, BY TI IE CITY COUNCIL OF THE CITY OF
WAUKEF1 IN THE STATE OF IOWA:
Section 1. That the form and content of the Minimum Assessment Agreement, 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 Minimum Assessment
Agreement 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 Minimum Assessment
Agreement, 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 Minimum Assessment Agreement as executed.
PASSED AND APPROVED this 15`" day of May, 2023.
ATTEST:
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City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
Larry R. Lyon
X
Ben Sinclair
X
Mayor
NAY ABSENT
X
ABSTAIN