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The record
Record · Incentive packages

Sidney "Sidney Data Center Campus" / Project Rey — the City's incentive, service and development instruments, as executed

incentive-instruments
[verified]
sources
    • instrument council-resolution-with-executed-agreement
    • ref Res. 80-25
    • file data/documents/sidney/council/80-25 - Authorizing a CRA Agreement - Amazon Data Services Inc_202601141342191793.pdf
    • sha256 d915fe3f13ab01ef3980864cf241ff9d75df19f592ac21335f371f5dbe784983
    • content_verified text-layer
    • carries The executed Community Reinvestment Area Agreement, 28 pp., + Exhibits A-E
    • instrument council-resolution-with-executed-agreement
    • ref Res. 81-25
    • file data/documents/sidney/council/81-25 - Authorizing Development Agreement with Sidney City Schools and Upper Valley - Amazon Data Services_202601141342204952.pdf
    • sha256 78a532e7600954c81c3bf1f277104db4d3b64b5e7acec7995ce214dcd617e286
    • content_verified text-layer
    • carries The City/SCSD/UVCC Development Agreement + Exhibit A, the distribution schedule
    • instrument council-resolution-with-executed-agreement
    • ref Res. 82-25
    • file data/documents/sidney/council/82-25 - Authorizing Income Tax Sharing Agreement - Sidney City Schools and Upper Valley - Amazon Data Services_202601141345054883.pdf
    • sha256 321b0a567990924c334b7cc31c0110b9eda30c9e64aae98ccc8c48499e7402d6
    • content_verified text-layer
    • carries The R.C. 5709.82 Income Tax Sharing Agreement; the ODOD CRA area number
    • instrument council-resolution-with-executed-agreement
    • ref Res. 26-26
    • file data/documents/sidney/council/26-26 - Authorize Water and Sewer Service Agreement - Amazon Web Services.pdf
    • sha256 6da592e4ac075657d64cb788c1d8a9d02f71ce3df9609de02e39c22bb57bb38a
    • content_verified text-layer
    • carries The Water and Wastewater Service Agreement (Execution Version) + Schedule 1
    • instrument council-resolution-with-executed-agreement
    • ref Res. 27-26
    • file data/documents/sidney/council/27-26 - Authorizing Infrastructure Development Agreement - Amazon Web Services.pdf
    • sha256 ec32b7b722f98deffa592ebe5013336da90a530a5f14bc110b76ea9c13125a26
    • content_verified text-layer
    • carries The public-infrastructure Development Agreement + Exhibit A legal description
    • instrument city-staff-presentation
    • ref Water & Sewer Agreement presentation, 2026-04-27
    • file data/documents/sidney/council/Presentation Sewer and Water Agreement 4.27.26 (PDF).pdf
    • sha256 02974e0934b369b1243cfd38cb2a13e29643a0a255a4ced68d0a4de5b8ad2ee1
    • content_verified text-layer
    • carries The City's own remaining-capacity arithmetic; the word 'cooling tower'
    • instrument city-grading-permit
    • ref Grading Permit, 2026-05-15
    • file data/documents/sidney/permits/Grading Permit 5-14-2026 - AWS Data Center 2388 W. Millcreek Road.pdf
    • sha256 a8f3276bd43e9244873ae635bd8a487cd7d26789169369f8f70485b638907c21
    • content_verified ocr
    • carries The City's excavation/site-prep authorization; contractor of record; the true date
legislative_chain
    • ref Res. 84-22
    • adopted 2022-10-10
    • subject ESTABLISHING the City of Sidney City-Wide Community Reinvestment Area under R.C. 3735.65-.70, designating a Housing Officer and creating a Housing Council
    • in_corpus yes
    • state_certification
      • designator Director, Ohio Department of Development
      • cra_area_number 149-72424-06
      • cra_area_number_tag [verified: recital]
      • cra_area_number_source Recited in Res. 69-25, journal page 0297. ⚠️ NOT read off Res. 84-22 itself: the pages of 84-22 read here (0-3, the operative sections) state no ODOD area number, and its Exhibit A is an image. A recital is a party's account of another instrument — the distinction this register learned the hard way, twice — so the number is tagged for what it is rather than promoted to a direct read. To settle it, read 84-22's remaining pages or ODOD's own record.
    • monitoring_fee
      • tag verified
      • section §5, as originally adopted 2022-10-10
      • verbatim An annual monitoring fee to the City of Sidney of one percent ( 1 % ) of the amount of the incentives, or a minimum of Five Hundred Dollars ($500.00), up to a maximum of Twenty-five Hundred Dollars ($2,500.00) annually is required for commercial and industrial projects.
      • source
        • file data/documents/sidney/council/84-22 - Establishing CRA based on Community Boundaries.pdf
        • journal_pages
          • 0299
          • 0300
        • read text layer, confirmed by independent 300-dpi OCR
      • ⚠️_re_attributed RE-ATTRIBUTED 2026-08-13 (#1998 tail). This sat under Res. 69-25 as "§5, as amended", which made a 2022 figure read as though the 2025 expansion had set a $2,500 annual administration cap on a $3 billion project. It did not: 69-25 restated §5 and left the fee unchanged. The cap is still worth knowing — it is what the City charges to administer an exemption of any size — but it is 84-22's. Same error class as the designation mis-attribution corrected in #1998, one subsection away, and found the same way: by re-reading a committed instrument instead of reasoning from the file that cites it. ⚠️ The FIRST correction was narrative only — the key stayed nested under 69-25's megaproject block, so a structured consumer still read it as a property of the thirty-year tier. Correcting prose without moving the key is half a fix.
    • note ⚠️ THIS, NOT RES. 69-25, IS THE DESIGNATING ACT — and the register said otherwise until #1998 read both instruments directly. §4 as adopted here tops out at FIFTEEN years / 100% for new commercial and industrial construction; there is no thirty-year tier and no reference to R.C. 122.17 anywhere in it.
    • ref Res. 69-25
    • adopted 2025-09-08
    • subject EXPANDING the City-Wide CRA to be coterminous with the City, and amending Res. 84-22 §4 to add a thirty-year megaproject exemption tier
    • in_corpus yes
    • state_certification
      • designator Director, Ohio Department of Development
      • effective 2025-09-19
      • cra_area_number 149-72424-06A
      • tag [verified: recital]
      • source Both values are recited in Res. 82-25 and NOT stated in Res. 69-25 itself, which is now in the corpus and read: 69-25 §8 only AUTHORIZES the Community Development Director to petition ODOD for approval of the expanded CRA. So the certification date and the `-06A` number are still a third party's account, tagged as such. That the suffix reconciles with 84-22's `-06` is what makes the recital credible — it is not what makes it a direct read.
    • creates_the_thirty_year_tier
      • tag verified
      • verbatim (e) Up to thirty (30) years, and up to one hundred percent (100%) if the commercial or industrial structure is situated on the site of a megaproject and is owned and occupied by a megaproject operator (as such terms are defined in Ohio Revised Code Section 122.17(A)(12)) …
      • why_it_matters The 30-year / 100% exemption in the CRA Agreement below rests on this clause, and the clause did not exist until this resolution added it — seven weeks before Res. 80-25 authorized the agreement. [verified] as a SEQUENCE from two instruments and the minutes of both meetings. [open] as a motive: 69-25 names no project, no company and no parcel, and its stated reason is the recent annexations.
      • monitoring_fee_note The monitoring fee is NOT a property of this clause. 69-25 restated §5 and left it unchanged; the figures are Res. 84-22's, and they are recorded there. See that entry's `monitoring_fee`.
    • note ⚠️ CORRECTED at #1998. The register carried this as the DESIGNATING legislation, reasoning from the CRA Agreement's and Res. 82-25's recitals. Read directly, it amends and expands Res. 84-22. Both readings of the corpus before this one were wrong in the same direction — "Resolution 18-25 … October 2025" (the pre-#1380 register), then "the designating legislation is Res. 69-25" (#1380) — and each was corrected only by reading one document closer to the source. The `-06A` suffix on the area number was the standing clue.
    • ref Res. 80-25
    • adopted 2025-10-27
    • subject Authorizing the City Manager to enter into a Community Reinvestment Area Agreement with Amazon Data Services, Inc.
    • in_corpus yes
    • ref Res. 81-25
    • adopted 2025-10-27
    • subject Authorizing a Development Agreement with the Sidney City Schools and Upper Valley Career Center Boards of Education regarding the CRA tax abatement
    • in_corpus yes
    • ref Res. 82-25
    • adopted 2025-10-27
    • subject Authorizing an Income Tax Sharing Agreement with the same two boards of education
    • in_corpus yes
    • ref Res. 26-26
    • adopted 2026-04-27
    • subject Authorizing a Water and Wastewater Service Agreement with Amazon Web Services, Inc.
    • in_corpus yes
    • ref Res. 27-26
    • adopted 2026-04-27
    • subject Authorizing a Development Agreement with Amazon Web Services, Inc.
    • in_corpus yes
    • entity_mismatch [verified] The resolution authorizes an agreement with Amazon WEB Services, Inc.; the agreement it authorizes names Amazon DATA Services, Inc., a Delaware corporation, as "Developer" in its own Project Summary and signature block. Both entities are real and both appear elsewhere in this record, so this is not a transcription slip in one direction — the City legislated one counterparty and executed with another. Not resolved here.
cra_agreement
  • parties
    • city City of Sidney, Ohio
    • company Amazon Data Services, Inc., a Delaware corporation
  • effective_date 2025-10-27
  • approved_by Resolution No. 80-25, passed 2025-10-27
  • execution
    • docusign_envelope_id BA694CA4-6647-470C-88C2-2A02D605BB64
    • company_signatory Hillary Lambert, Authorized Signatory
    • company_date_signed 2025-11-06
    • city_date_signed
    • document_control_code CC 0TH 00444437 2025 TR
    • confidentiality_marking AMAZON CONFIDENTIAL
  • statutory_basis
    • R.C. 3735.65-.70
    • R.C. 3735.67(A)
    • R.C. 3735.671
  • exemption
    • rate_pct 100
    • term_years 30
    • unit each Building constructed at the Project Site
    • no_exemption_commences_after_tax_year 2035
    • no_exemption_extends_beyond_tax_year 2065
    • project_may_exceed_30_years_overall yes
    • applies_regardless_of_owner yes
    • condition_precedent [verified] §34 — the provision of the real property tax exemptions is CONDITIONED upon the prior execution of a separate Development Agreement for public infrastructure. That Development Agreement is Res. 27-26, authorized six months later on 2026-04-27, so the abatement had no operative effect until then.
  • project_estimates
    • investment_usd 3000000000
    • first_building_operations_by 2028-12-31
    • jobs_by 2030-12-31
    • jobs_count 75
    • annual_payroll_usd 6750000
    • baseline_jobs_at_site 0
    • binding no
    • note §1 and §2 both state in terms that these estimates "will not limit the amount or term of the tax exemptions … or allow the City to compel the Company to make investments" / "to create positions". The $3B and the 75 jobs are not covenants; they are the recitals the exemption was granted against.
  • payments
    • pilot
      • term_years 14
      • cap_usd 46000000
      • schedule_source Exhibit E
      • schedule
          • year 1
          • usd 3333333
          • year 2
          • usd 3333333
          • year 3
          • usd 3333333
          • year 4
          • usd 3333333
          • year 5
          • usd 3333333
          • year 6
          • usd 3333333
          • year 7
          • usd 3333333
          • year 8
          • usd 3333333
          • year 9
          • usd 3333333
          • year 10
          • usd 3333333
          • year 11
          • usd 3333333
          • year 12
          • usd 3333333
          • year 13
          • usd 3333333
          • year 14
          • usd 2666671
      • first_pilot_due the calendar year following the first tax year an exemption applies
      • payable_by May 15, on a City invoice delivered at least 60 days earlier
      • cap_mechanism [verified] §7(b) — in any tax year where the Company's total payments would exceed 100% of the taxes otherwise payable, the PILOT is reduced to that ceiling and the shortfall is carried forward into the next year as an "Increased PILOT". The abatement therefore cannot make the Company pay more than an unabated taxpayer would.
      • city_has_no_duty_to_apply_proceeds yes
    • initial_payment
      • usd 4000000
      • timing once, within 90 days of a City invoice, which the City may send any time after the Effective Date
      • note Separate from and in addition to the PILOTs. This is the other $4M of the '$50 million'.
    • total_payments_usd 50000000
  • ⚠️_value_forgone
    • tag verified
    • range_usd
      • 180000000
      • 350000000
    • over_years 30
    • verbatim The estimated value of the abatement is in the range of $180 to 350 million over 30 years. The tax abatement estimates are based upon actual construction costs and val uations for similar buildings in Ohio: tax valuation, and therefore the value of the abatement, may be more or less than that amount.
    • source
      • file data/documents/sidney/council/City Council Agenda Packet October 27, 2025.pdf
      • page 64
      • page_note The corpus's `pages_read` convention is 0-based, so this field is too. Stated explicitly because "page 64" in prose sends a reader to the page BEFORE the one that carries the figure. The Council Action Summary for Res. 80-25 is PDF page 65 of 123.
      • kind city staff summary, not an instrument
    • ⚠️_two_hedges_travel_with_it
      • The estimate hedges itself: "may be more or less than that amount".
      • The packet carries a standing footer on these pages: "The summary document is for informational purposes only and is not a record of the official action taken by the City of Sidney Council."
    • why_it_is_here ⚠️ THIS FILE DOCUMENTED THE $50,000,000 THE COMPANY PAYS IN EXHAUSTIVE DETAIL — the $46M PILOT cap, the fourteen-year schedule, the separate $4M initial payment, the 84.9/15.1 split between two school boards, the year-by-year shape — AND CARRIED NO FIGURE AT ALL FOR THE VALUE FORGONE. On the City's own arithmetic the abatement is 3.6x to 7x the payments. A register that prices one side of a trade to the dollar and the other side not at all is not neutral.
    • provenance_note The corpus already carried this range, tagged [reference] to an advocacy site — one of the two third-party trackers that mislabel this campus "Project Galaxy" (a name belonging to a DIFFERENT Amazon campus in Fayette County). The City published the same range itself. Prefer the City packet; the value here is provenance, not novelty.
  • megaproject
    • tca_authorization_date 2025-10-08
    • instrument Sixth Amendment to Tax Credit Agreement, authorized by the Ohio Tax Credit Authority
    • statutory_basis
      • R.C. 122.17(A)(11)
      • R.C. 122.17(A)(12)
    • claim the Company's Ohio investment and operations qualify as a 'megaproject' and it as a 'megaproject operator'
    • ⚠️_the_statutory_test_is_four_prongs_not_one
      • tag verified
      • source
        • file data/documents/legal/ohio-revised-code/122.17-10-3-2023.pdf
        • division (A)(11)(a)-(d)
      • finding R.C. 122.17(A)(11) defines a megaproject as a project "that meets ALL of the following requirements" (a) through (d) — four cumulative prongs, two of which are themselves disjunctive. Both City renderings reduce it to prong (c). The 2025-09-08 Council minutes hedge slightly ("such as at least $1 billion in capital investment or creating $75 million in annual payroll"); the 2025-10-27 agenda packet states it flatly.
      • the_prong_nobody_mentioned (b) — the operator agrees to compensate the project's employees "at an average hourly wage of at least three hundred per cent of the federal minimum wage under 29 U.S.C. 206, exclusive of employee benefits". No City document in this corpus mentions a wage floor.
      • three_wording_drifts_in_the_city_paraphrase
        • "capital investment" for the statute's FIXED-ASSET INVESTMENTS
        • "annual payroll" for OHIO EMPLOYEE PAYROLL AT THE PROJECT
        • the indexation qualifier ("as adjusted under division (V)(1)") dropped entirely
      • indexation [verified] Division (V): beginning in 2025 and every fifth year after, the tax commissioner SHALL adjust both dollar thresholds in September by the GDP deflator. ⚠️ Res. 69-25 passed 2025-09-08 — the same month the first statutory adjustment was due. $1B/$75M were the correct 2025 figures; any post-2025 statement of the test must use the certified values.
      • ⚠️_res_69_25_miscites_it [verified] Res. 69-25 clause (e) reads "(as such terms are defined in Ohio Revised Code Section 122.17(A)(12))" — plural "terms", single citation, correct only for "megaproject operator". "Megaproject" is at (A)(11). The same clause cites (A)(13)(b) CORRECTLY for megaproject supplier, and the CRA Agreement's own (A)(11)-(12) pairing is correct — so the two City instruments do not cite the statute the same way.
    • ⚠️_the_state_record_of_2025_10_08
      • tag verified
      • source
        • file data/documents/sidney/state/Ohio Tax Credit Authority Meeting Minutes 10.8.2025.pdf
        • page 1
      • what_it_says Under OTHER BUSINESS — "Amazon Data Services, Inc. / The Authority approved the following changes: Add Shelby County as an eligible project county. Add Clinton County as an eligible project county. Add Madison County as an eligible project county. … The vote was 3-0."
      • what_it_does_not_say The word "megaproject" does not appear in the document, nor "sixth amendment", nor "122.17", nor "certificate", nor "designat", nor "Sidney".
      • ⚠️_state_it_carefully THE DEFENSIBLE STATEMENT IS THAT THE TCA'S OWN MINUTES CORROBORATE THE ACT AND ARE SILENT ON THE CHARACTERIZATION — not that the two records fail to corroborate each other. The silence is WEAK evidence: this genre carries no statutory language for ANY item, and none of the five new-project entries recites a definition either. An earlier draft of this finding overreached exactly that way and was narrowed by two independent reviewers.
      • cross_site [verified] Shelby County (Sidney) and Clinton County (Wilmington) were made eligible IN THE SAME MOTION. Both are sites in this corpus.
      • downstream_inference [inference] Because the action ADDS counties to an EXISTING agreement, that agreement — and any megaproject status under it — predates 2025-10-08. R.C. 122.17(A)(12) supplies the hook. The instrument to pull is the ORIGINAL agreement and the TCA meeting that approved it.
    • ⚠️_a_state_published_check_exists
      • tag verified
      • division R.C. 122.17(D)(12)
      • finding A megaproject operator must submit an annual economic impact report, which at (e) reports "The number of employees working at the site of the megaproject and the counties in which those employees reside" — and the statute closes: "Any information contained in the report is a public record for purposes of section 149.43 of the Revised Code and shall be published on the department of development's web site."
      • why_it_matters It is the only state-published, officer-certified check on the 75-jobs / $6,750,000-payroll estimate the City accepted, and the statute pre-declares it a public record, so a request faces no exemption argument about the record's character.
      • ⚠️_do_not_assert_a_due_date The same sentence reads "due on or before the first day of July of each year, BEGINNING IN THE YEAR SPECIFIED IN THE AGREEMENT with the tax credit authority" — and this corpus does not hold that agreement. (D)(12) is also framed "for which the megaproject operator IS DESIGNATED", and the designation is itself [open]. Ask conditionally: for any report under (D)(12) AND for the agreement provision requiring it. The second survives if the first returns nothing.
    • enforcement_hook [verified] §12 — the City may terminate or suspend the exemption for years 16 THROUGH 30 if the Company neither holds a current Megaproject Certificate nor makes the annual certification under §3(b). Years 1-15 carry no such condition.
    • in_corpus no
  • school_district_consent
    • sidney_city_school_district
      • approved_by_resolution_on 2025-10-08
    • upper_valley_career_center
      • basis waiver / notice under the CRA Act and R.C. 5709.83; R.C. 5709.82(C)-(D) compliance
  • remedies_and_limits
    • city_sole_remedy_for_material_breach terminate, suspend or modify the exemptions (§12)
    • city_sole_remedy_for_unpaid_taxes rescission of the Agreement (§6)
    • clawback_of_paid_pilots no
    • company_may_terminate_at_will yes
    • parties_barred_from_challenging_validity yes
    • transfer_freely_permitted_to Permitted Transferees — buyers of any part of a Building or the Project Site, Affiliates, and successors
    • jury_trial_waived yes
    • venue
      • S.D. Ohio
      • Shelby County Court of Common Pleas
  • public_records_clause
    • summary Before disclosing anything it treats as the Company's "Confidential Information" in response to a public-records request, the City must give the Company written notice and a copy of the request, and allow the Company at least five business days to either negotiate a response with the requester or "pursue, at its sole cost and expense, legal remedies to stop the City's release of the requested information."
    • exemptions_recited
      • R.C. 718.13
      • R.C. 5703.21
      • R.C. 149.43(A)(v)
      • R.C. 149.45
      • R.C. 122.36
      • R.C. 1333.61 et seq.
      • R.C. 122.75
    • survives_termination yes
    • note The materially identical clause appears at §8.17 of the Development Agreement (Res. 27-26), which additionally binds the City to continuing compliance with the 2023 NDA. Neither clause enlarges any exemption in R.C. 149.43 — both are contractual notice-and-delay obligations layered on top of the statute. See `records_posture`.
  • project_site_as_described +/- 240 acres
revenue_sharing
  • development_agreement_with_school_boards
    • made 2025-10-27
    • parties
      • City of Sidney, Ohio
      • Board of Education of the Sidney City School District, 750 S. Fourth Avenue, Sidney
      • Board of Education of the Upper Valley Career Center, 8811 Career Drive, Piqua
    • project_name_used Project Rey
    • signatories
      • city Jon Crusey, City Manager
      • scsd Gregory Snyder, Superintendent
      • uvcc Jason Haak, Superintendent
    • total_payment_revenue_usd 50000000
    • split
      • city_pct 50
      • schools_pct 50
    • distribution
      • city_usd 25000000
      • schools_combined_usd 25000000
      • sidney_city_schools_usd 21220529
      • sidney_city_schools_pct_of_school_share 84.882116
      • upper_valley_career_center_usd 3779471
      • upper_valley_career_center_pct_of_school_share 15.117884
      • shape The City takes the $4,000,000 Initial Payment up front and 100% of it. Years 1-3 run $2,500,000 City / $833,333.33 schools. Years 4-11 run level at $1,666,666.67 each. Year 12 is the hinge and the two columns part: the City drops to $166,666.64 while the schools stay at $1,666,666.67. Years 13-15 the City takes $0 and the schools take $2,500,000. Each column sums to $25,000,000; the fifteen annual rows (excluding the up-front payment) sum to the $46,000,000 the CRA Agreement caps PILOTs at — over fifteen rows here against that agreement's fourteen, which is the discrepancy recorded below.
    • consents_and_waivers [verified] §3.1 — in consideration of the agreement, SCSD and UVCC each IRREVOCABLY (a) approve every exemption grantable under the CRA Agreement, (b) waive the notice requirements of R.C. 3735.671, 5709.83 and 5715.27, (c) waive any right to grant approvals required by R.C. 3735.671, and (d) waive any defects or irregularities in the authorization. The boards contracted away their statutory objection rights for the term.
    • entirety_of_compensation [verified] §4.2 — this agreement and the Income Tax Sharing Agreement "provide for the entirety of the compensation to which the City, the School District, and Upper Valley may be entitled" for the exemption.
    • term the duration of the CRA Agreement
    • non_precedent_clause yes
  • income_tax_sharing_agreement
    • made October 2025
    • statutory_basis R.C. 5709.82
    • tax_base the City's permanent 1.5% income tax levy, withheld under Codified Ordinances §142.06 from New Employees
    • new_employee_definition [verified] §1 — an employee first employed at the Project site who has not been subject to the City income tax on income from the Employer, its subsidiaries, affiliates or contractors within the previous two years, and who does not replace a non-new employee.
    • formula
      • step_1 the City annually calculates 75% of income tax revenues from all New Employees
      • step_2 the City annually calculates the real property taxes foregone because of the exemption
      • scsd_payment the LESSER of step 1 and (step 2 x 85%)
      • uvcc_payment step 2 x 15%
      • disbursed the second week of May each year
    • ceiling_intent [verified] §3 — the districts are to receive "no more than the amount of property tax revenues the Project investment would have generated". The agreement is drafted as partial compensation with a hard ceiling, not as a share of upside.
    • reconciliation_note [inference] The two instruments use different school splits for different money: 84.882116 / 15.117884 for the PILOT distribution (Res. 81-25 Exhibit A) and a flat 85 / 15 for the income-tax sharing (Res. 82-25 §4.3). Not contradictory — different bases — but they are not the same ratio and should not be quoted interchangeably.
  • schedule_term_discrepancy
    • finding [verified] The CRA Agreement's PILOT schedule (Exhibit E) runs FOURTEEN years and totals $46,000,000. The distribution schedule attached to Res. 81-25 (Exhibit A) lays the same $46,000,000 across FIFTEEN years, and its own workspace cells carry "Total $50,000,000 / Per Year $3,333,333.33" — i.e. it was modelled as $50M over 15 years, then reconciled to the columns by tapering Year 12 and zeroing the City in Years 13-15.
    • status [open]
    • why_it_matters The binding cap is the CRA Agreement's: no more than $46,000,000 of PILOTs, over a 14-year term measured from the first exemption year. The distribution schedule's fifteenth row has no PILOT behind it in the CRA Agreement. Which document governs the final year has not been resolved from the record and is not resolved here.
water_and_wastewater_service_agreement
  • parties
    • aws Amazon Web Services, Inc., a Delaware corporation, 410 Terry Avenue North, Seattle
    • provider City of Sidney, Ohio — Jon Crusey, City Manager
  • version_marking Execution Version
  • term
    • initial_years 10
    • renewal automatic successive one-year periods
    • aws_termination at any time on 90 days' written notice
    • city_termination 90 days' notice, but only after 3 years AND 12 consecutive months of ceased operations
  • reserved_capacity
    • cooling_water
      • max_mgd 1
      • max_rate_gpm 694
      • projected_annual_gallons 4600000
    • fire_flow
      • min_gpm 1818
      • min_psi 20
    • potable_water
      • max_gpd 14000
    • sewer_discharge
      • max_gpd 390493
      • max_rate_gpm 716
      • flow_type gravity
      • projected_annual_gallons 1160000
  • impact_fees
    • principle AWS pays the ordinary metered rate for what it uses AND a monthly reserve-capacity impact fee on the UNUSED portion of its reservation, priced at the reserved fraction of the standard rate. The stated rationale is the cost of maintaining held-back capacity, the lost revenue when usage falls below the reservation, and the lost opportunity to sell that capacity to another customer.
    • water
      • reserved_fraction_pct 14.3
      • standard_rate_usd_per_ccf 7.23
      • capacity_fee_rate_usd_per_ccf 1.033
    • sewer
      • reserved_fraction_pct 5.6
      • standard_rate_usd_per_ccf 4.11
      • capacity_fee_rate_usd_per_ccf 0.23
    • reopener every three years from the third anniversary of build-out completion, proportionate to actual burden and to any City capacity upgrades
    • fractions_are_fixed yes
  • rate_class_covenant [verified] §2.1 — "During the Term of this Agreement, Provider shall not take steps to create a separate class of water or sewer rates for data centers or similar high level, but highly variable, users of water and sewer services." For ten years the City has contracted away its ability to put this customer, or any customer like it, into its own municipal rate class. Note the contrast with the electric side of the same campus, where AES Ohio's PUCO stipulation of 2026-07-21 is reported to CREATE a data-center tariff.
  • substitute_supply_right [verified] §1.5 — if the City for any reason does not supply sufficient water or sewer service, AWS "may secure its own substitute services", and the City must on request provide access to its infrastructure to obtain them. The City's FAQ statement that "no onsite wells will be used" is a present-tense description, not a contractual bar.
  • regulatory_passthrough [verified] §6.2 — fines, damages or penalties assessed by a regulator against the City that directly result from AWS consuming or discharging above the §1.2 maxima are direct damages reimbursable by AWS on a pass-through basis.
  • city_capacity_context
    • water_plant_design_mgd 7
    • water_2025_avg_daily_demand_mgd 3.1
    • water_remaining_before_reservation_mgd 3.9
    • water_remaining_after_reservation_mgd 2.9
    • water_ohio_epa_approved_pumping_mgd 14
    • wwtp_design_mgd 7
    • wwtp_2025_avg_daily_flow_mgd 4.6
    • wwtp_remaining_before_reservation_mgd 2.4
    • wwtp_remaining_after_reservation_mgd 2
  • derived
      • claim The cooling loop runs at roughly four cycles of concentration.
      • value 3.97
      • tag [inference]
      • basis Projected makeup 4,600,000 gal/yr divided by projected blowdown 1,160,000 gal/yr (both [verified], §1.1.1 and §1.1.4). A makeup-to-blowdown ratio near 4 is the signature of a closed-loop evaporative cooling tower, and the City's own presentation names "cooling tower discharges" in terms. This is the first documentary handle on this campus's cooling design, which the profile still carries as UNKNOWN.
      • claim Projected consumptive loss is 3,440,000 gallons per year, not 4,600,000.
      • value_gal_per_year 3440000
      • tag [inference]
      • basis Makeup 4,600,000 minus discharge 1,160,000. The register described the 4,600,000 figure as "projected cooling-water consumption"; the agreement calls it the annual cooling water VOLUME, i.e. the withdrawal, and books the return separately. Consumption is the difference. In cfs: 0.0146, against the cited regulatory Great Miami 7Q10 of 24.0 cfs that is 0.061% — not the 0.08% the register carried.
      • claim The reservation takes about a quarter of the City's remaining water headroom.
      • value_pct 25.6
      • tag [inference]
      • basis 1.0 MGD of the ~3.9 MGD the City states as remaining treatment capacity.
      • claim The reservation takes about a sixth of the City's remaining sewer headroom.
      • value_pct 16.3
      • tag [inference]
      • basis 0.390493 MGD of the ~2.4 MGD the City states as remaining treatment capacity.
development_agreement
  • parties
    • developer Amazon Data Services, Inc., a Delaware corporation
    • city The City of Sidney, Ohio
    • county_named_but_not_a_party Shelby County, Ohio
  • nda
    • dated 2023-12-19
    • executed_by the City, for the benefit of Developer and its Affiliates
    • note The register carried the NDA as "executed mid-2025 … prior to public announcement", sourced to an advocacy site. The instrument dates it 2023-12-19 — roughly twenty-two months before the CRA vote and twenty-three before the first council resolution in this chain. The Development Agreement further binds the City to CONTINUING compliance with it (§8.17), so the 2023 NDA is still operative.
  • developer_notice_routing Amazon.com, Inc., Attention: Real Estate Manager (AWS) CMH232
  • outside_counsel_on_notice
    • lsullivan@bakerlaw.com
    • jemitchell@bakerlaw.com
  • developer_contribution
    • cap_usd 8000000
    • mechanism deposited into escrow with Fidelity National Title, National Commercial Services, within 10 business days of the Effective Date; drawn monthly against City Engineer certification, up to 5% retainage
    • city_bears_the_overrun yes
    • unspent_balance_refunded_to_developer yes
  • city_improvements
    • scope the widening of W. Mill Creek Road and related traffic infrastructure
    • roundabout the City must secure the right-of-way for a planned roundabout at W. Millcreek Road and Fair Road
    • developer_approval_over_city_plans [verified] §2.2/§2.3 — the City's own improvement plans must be submitted to the Developer for approval before construction, and after approval the City may not accept a change raising cost by more than $100,000 without the Developer's written consent.
    • liquidated_damages_usd_per_day 5000
    • monthly_reporting the City must upload a 13-item construction progress report to a Developer-directed WorkDocs portal by the 5th business day of each month
    • certificate_of_occupancy_decoupled [verified] §2.7 — the campus certificate of occupancy may not be withheld, delayed or conditioned on the state of completion of the City's own road work, and the agreement calls that a material inducement.
  • developer_improvements
    • sewer_completion_deadline 2026-09-30
    • scope replacement sanitary sewer line and removal/abandonment of the existing gravity line; two private water service line extensions and a water meter enclosure
    • fiber_easement the City covenants to grant an easement over City land or right-of-way for a fiber pathway to the Project Site
    • no_other_public_infrastructure [verified] §3.1 — "The City will not require Developer to complete (or contribute towards the costs of completing) any other public infrastructure in connection with the Project that does not exclusively serve the Project."
  • fees_acknowledged_paid_or_payable
    • site plan fee (Codified Ordinances §1309.11)
    • water tap fee (§911.02)
    • plant investment fee (§911.04)
    • water tap reimbursement (§911.06 — Reimbursement No. 55, Millcreek Water Line Extension, 2004-10-04)
    • sewer tap-in fee (§913.11)
    • Southwest Sewer District Assessment (§913.11)
    • sewer tap reimbursement (§913.09 — Millcreek Sanitary Sewer Reimbursements, October 2001)
  • liability
    • aggregate_cap the sum of the Developer's Contribution
    • developer_sole_remedies specific performance of the City Work, or recovery of the undisbursed contribution
    • developer_may_assign_without_city_consent yes
    • city_may_not_assign_without_developer_consent yes
  • legal_description
    • acres 243.0924
    • surveyor Farnsworth Group, Inc., 9403 Kenwood Road Suite 8209, Cincinnati — Justin A. Bischof, P.S., Ohio Registration No. 8596
    • basis_of_bearings Ohio State Plane, North Zone (3401), NAVD 88, 2011 adjustment, GEOID 18, GRS 80
    • situated north half of Section 3, Township 7 North, Range 6 East, City of Sidney, Clinton Township, Shelby County
    • bounded
      • east centerline of S. Vandemark Road (80.00 ft R/W)
      • south centerlines of Fair Road and W. Millcreek Road (60.00 ft R/W)
      • north southerly right-of-way line of CSX Transportation, Inc., D.V. 381 p. 290
      • west Mill Creek Subdivisions Nos. 1-4 and two private tracts
    • abutting_owners_named
        • name Mill Creek Subdivision No. 1
        • ref Plat Book 5, Page 96 (SCRO)
        • name Mill Creek Subdivision No. 2
        • ref Plat Book 7, Page 23 (SCRO)
        • name Mill Creek Subdivision No. 3
        • ref Plat Book 7, Page 34 (SCRO)
        • name Mill Creek Subdivision No. 4
        • ref Plat Book 7, Page 47 (SCRO)
        • name Bridget Douglas
        • ref O.R. 2269, Page 659 (SCRO)
        • name John A. Clark, Jr.
        • ref O.R. 2319, Page 5821 (SCRO)
land_acquisition
  • finding [verified] The Development Agreement's Exhibit A closes with "Being all of the lands now or formerly owned by" and names THREE source deeds, each to Amazon Data Services Inc., each at a different page of Official Record volume 2329. The auditor CAMA that #1379 read carried only one conveyance (O.R. 2329/454) against the consolidated parcel. The acquisition was at least three recorded instruments, not one.
  • source data/documents/sidney/council/27-26 - Authorizing Infrastructure Development Agreement - Amazon Web Services.pdf, Exhibit A
  • deeds
      • official_record 2329/445
      • lot 7648
      • predecessor_parcel 02-2603226.001
      • grantee Amazon Data Services Inc.
      • official_record 2329/449
      • lot 7647
      • predecessor_parcel 02-2603201.001
      • grantee Amazon Data Services Inc.
      • official_record 2329/454
      • lot 7646
      • predecessor_parcel 02-2603126.001
      • grantee Amazon Data Services Inc.
  • predecessor_parcels_recited
    • 02-26-03-126-001
    • 02-26-03-201-001
    • 02-26-03-226-001
    • 02-26-03-251-001
    • 02-26-03-251-002
  • corroborates_1379 [verified] #1379 reconstructed exactly these five predecessor tracts by a geometric containment test of the current CAMA against the 2023 OGRIP statewide extract, with no instrument naming them. Two independent City instruments now recite the same five parcel numbers. The geometric reconstruction is confirmed by document.
  • unresolved
    • [open] Only three deeds are named for five predecessor parcels. Whether 02-26-03-251-001 and -251-002 came in under one of these three instruments or under further deeds not recited is not determinable from this record.
    • [open] Grantors, sequential instrument numbers, consideration per deed, and any recorded easements are all still unread — they are in the Recorder's index, not in this agreement. The auditor CAMA gives a single conveyance date of 2025-11-24 and a single price of $5,621,490 (#1379); how that price distributes across three instruments is unknown.
    • [open] Lot numbers 7646/7647/7648 here are NOT Lot 7658, the lot created by the Consolidation & Roadway Dedication Plat (Plat V37 P50) that #1379 identified. The relationship between the two lot series is unread.
grading_permit
  • issuer City of Sidney Engineering Department
  • for AWS Data Center Site, 2388 W. Millcreek Road
  • contractor George J. Igel & Co., Inc., 3500 Alum Creek Drive, Columbus, OH 43207
  • signed_by Chad M. Arkenberg, Engineering Manager
  • date 2026-05-15
  • date_on_city_filename 2026-05-14
  • valid_days 180
  • scope_limit excavation and site preparation only; no other excavation permitted under it
  • recites_unpublished_records
    • the grading plan on file at the City's Engineering Department
    • the storm water report on file at the City's Engineering Department
  • note The contractor named here is the same firm Ohio EPA added as co-permittee on stormwater coverage 1GC10596*AG on 2026-04-22 — the state and municipal records corroborate each other on who is moving the earth.
acreage_figures
  • figures
      • value_acres 243.092
      • measure deeded, Shelby County CAMA
      • source data/reference/sidney/parcel-assemblage.geojson (issue 1379)
      • tag [verified]
      • value_acres 243.0924
      • measure metes-and-bounds legal description
      • source Res. 27-26 Exhibit A
      • tag [verified]
      • value_acres 235.468
      • measure planar, UTM 16N, from the committed polygon
      • source issue 1379
      • tag [verified]
      • value_acres 236.7
      • measure land converted, applicant's own words
      • source OEPA 401 application, oepa/sidney/3935117.pdf §2.C
      • tag [verified]
      • value_acres 230.7
      • measure total land disturbance declared
      • source stormwater NOI, oepa/sidney/3931140.pdf §III
      • tag [verified]
      • value_acres 240
      • measure '+/- 240 acres' Project Site
      • source CRA Agreement Exhibit A
      • tag [verified]
  • note The legal description and the CAMA now agree to four decimal places, which retires any doubt about the parcel of record. None of these is a disclosed BUILDING footprint or floor area, and no instrument in this set states one — which is why the facility's IT-load bracket remains investment-scaled rather than floor-area-scaled (#1378).
records_posture
  • redactions_in_the_published_development_agreement
    • what sewer line size, manhole count and linear footage (Art. 1 'Replacement Sewer Improvements'); water service line size and location (Art. 1 'Developer Water Improvements'); and the ENTIRE Exhibit D water service exhibit (p. 30), blacked out edge to edge
    • exempting_statute_cited ORC 149.433
    • tag [verified]
    • note R.C. 149.433 exempts security and infrastructure records. The City applied it to utility dimensions inside an executed development agreement, and to a whole exhibit — the water service exhibit survives only as its title, its scale bar (1 inch = 150 feet) and stray linework. Whether that application is sound is not assessed here. What is recorded is that the redactions exist, what they cover, and which statute the City wrote beside them.
  • contractual_layer
    • tag [verified]
    • clauses
      • CRA Agreement §32 — notice to the Company + at least 5 business days before any disclosure
      • Development Agreement §8.17 — the same, plus continuing compliance with the 2023-12-19 NDA
  • city_posted_the_ag_exemptions_chart
    • what The Ohio Attorney General's 'Statutory Provisions Exempting Records from the Ohio Public Records Act' chart is published on the City's data-center FAQ page itself
    • url https://www.sidneyoh.com/DocumentCenter/View/4586/Statutory-Exemptions---Public-Records-PDF
    • tag [verified]
    • in_corpus no
    • why_not It is the Attorney General's statewide chart, not a Sidney instrument, and committing it would put 39 pages of general Ohio law into a site corpus. Its presence ON the FAQ is the fact worth recording, and it is recorded here.
  • implication [inference] A records request to the City for anything in this project should expect a five-business-day contractual delay while the company is noticed, and should anticipate R.C. 149.433 asserted over utility and site-infrastructure detail. Requests are best framed to the instrument or the approval, not to the engineering drawing.
open_items
    • item Resolution 69-25 — the CRA legislation itself
    • tag [closed]
    • closed 2026-08-13
    • resolution PULLED AND READ. Source bytes: "data/documents/sidney/council/69-25 - Amending Resolution 84-22 - Expanding CRA Boundaries.pdf". Extraction: "data/extracted/sidney/council/2025-09-08-res-69-25-cra-expansion-and-megaproject-tier.resolution.yaml". ⚠️ Both paths are on their own unbroken line ON PURPOSE. A `>-` folded scalar turns every line break into a space, so a wrap falling INSIDE a filename publishes a path with a space in it — one that resolves to nothing. An earlier draft of this entry did exactly that and shipped the dead path into the records feed, where the citation layer lifts `data/…` strings out of prose. The malformed string is deliberately not reproduced here, because writing it out would put it back in the feed. Never let a fold fall inside a path. Committed together with Res. 84-22, which it amends and which is the act that actually established the CRA. Reading it CORRECTED this register: 69-25 expands, it does not designate.
    • how The three-step route was: this item's own 2026-08-11 correction (the 403 is an HTTP/2 fingerprint, not a host block) -> `curl --http1.1` -> /meta/docfolder?containerId= on the Resolutions container, which returns 51 year folders and every document in them. The whole pull took minutes. The R.C. 149.43 request drafted for this resolution was never sent and should not be.
    • lesson ⚠️ This corpus recorded "blocked" for this host in five artifacts and two drafted public- records requests before anyone retried the request over HTTP/1.1. A 403 to a scripted client may be a protocol-fingerprint block. Retry before recording a route negative.
    • item The three recorded deeds — O.R. 2329 pp. 445, 449, 454 — grantors, instrument numbers, consideration, easements
    • tag [open]
    • checked 2026-08-01
    • negative Shelby County's recorder search is https://search.shelbyco.net/eservices/home.page.3 — it answers HTTP 200 but is an Apache-Wicket application that posts a browser fingerprint before it will run a search, so there is no scripted route from here. The index is stated to run from 1989-07-01 forward.
    • route Copy Request form to recorder@shelbyco.net (fax 937-498-7272), or the Kofile portal in a browser session. Book and page are now known, so this is a retrieval, not a search.
    • item Plat V37 P50 — Lot 7658 Consolidation & Roadway Dedication Plat
    • tag [open]
    • note Would reconcile the 7.6-acre deeded-vs-planar spread as a roadway dedication and connect Lots 7646/7647/7648 to Lot 7658. Same recorder route.
    • item Ohio SOS foreign-corporation registrations for Amazon Data Services, Inc. and Amazon Web Services, Inc.
    • tag [open]
    • checked 2026-08-01
    • negative VERIFIED NEGATIVE ROUTE, not a verified absence. businesssearch.ohiosos.gov returns HTTP 403 with a ~1.3 MB challenge body to scripted clients; businesssearch.ohiosos.com no longer resolves. Both corporations are recited as Delaware corporations in the executed instruments, so the jurisdiction and entity type are [verified] from a primary source even though the SOS record itself is unpulled.
    • route Manual browser session on the Ohio SOS business search, or a certified copy request to the Secretary of State.
    • item The Ohio Tax Credit Authority's Sixth Amendment to Tax Credit Agreement (2025-10-08) and the megaproject certification
    • tag [open]
    • note NEW LEAD out of this ingest — the CRA Agreement recites it and hangs years 16-30 of the abatement on it, but it is a State of Ohio instrument that no prior register entry names. Route: Ohio Department of Development / Tax Credit Authority minutes and agreements.
    • item The approved site plan (Zoning Code §1115.09, administrative)
    • tag [open]
    • note Unchanged from the register. Would give the building count and the only real footprint.
    • item The grading plan and storm water report recited by the grading permit
    • tag [open]
    • note NEW LEAD — both are named as on file with the City Engineering Department. R.C. 149.43 request; expect R.C. 149.433 to be asserted over parts.
    • item The City's industrial-pretreatment / significant-industrial-user permit for the campus
    • tag [open]
    • note Unchanged. Still the only instrument that would separate actual campus wastewater from the WWTP's reported totals.
    • item The redacted utility dimensions in the Development Agreement
    • tag [open]
    • note See `records_posture`. R.C. 149.433 asserted; an unredacted copy would require challenging that application.
    • item Which schedule governs the final PILOT year — the CRA Agreement's 14 or Res. 81-25's 15
    • tag [open]
    • note See `revenue_sharing.schedule_term_discrepancy`.
Where it connects
sidney/incentive-instruments.yaml · · sidney