Section 4-6 - Application Submittal Requirements (a) Applicant must follow application requirements in Chapter 1.
(b) In addition to other requirements listed for a development agreement in Chapter 1, the following must be included: - (i) An agreement that the business will repay all grant funds expended at a reasonable rate of return as negotiated with the applicant and approved by the Council if the business relocates from the political subdivision within five (5) years from first receiving funds;
- (ii) An agreement that the business will repay all grant funds expended at a reasonable rate of return as negotiated with the applicant and approved by the Council if the business does not meet its match requirements within five (5) years from first receiving funds;
- (iii) An understanding of the required match and job creation requirements;
- (iv) The terms of the fund disbursements and a statement of which utility costs will be reduced using the grant funds and in what amount;
- (v) An understanding of the timeline for the business to become operational;
- (vi) An offer by the business and an acceptance or declination by the applicant to provide a stated amount of information technology storage services to the applicant at a price discounted from the fair market value of the services;
- (vii) The signed contingency may also include a commitment by the business to offer a stated amount of information technology services to the state or a Wyoming based technology related business at a price discounted from the fair market value of the services;
- (viii) (If applicable) A signed lease agreement or memorandum agreement with regards to the terms of a lease agreement;
- (ix) (If applicable) Evidence that there is or will be infrastructure, architecture and services necessary for the support of a data center at a Tier II, Tier III or Tier IV level or similar level.
(c) At the applicant's expense, the Council staff may request a disinterested third party to validate a data center's Tier level, review a business plan or examine other aspects of an application. Council staff must approve the third party.