Model agreements say what a town should ask a data center for. This is what signed deals delivered, clause by clause, with a receipt for every term.
Why the name: Mark Cuban has said a lot of data centers will end up as pickleball courts if efficiency gains keep coming. The terms that matter are the ones written for that day.
Not one of the 24 agreements requires a bond, escrow, or letter of credit to pay for demolition and site restoration if the operator walks away. If a campus goes dark, the land is the community's problem.
10 of the 24 deals set up money for the community. In none of them does a resident or community organization hold a seat on the body that decides how it is spent.
8 of the 24 deals carry a minimum electric bill (City of New Albany, City of Papillion and Sarpy County, City of Port Washington, Pima County, Richland Parish, St. Joseph County, Village of Los Lunas, Village of Mount Pleasant). 6 of those keep the operator paying after it stops drawing power, 1 expressly does not, and 1 is not public enough to tell. Every one of them comes from the utility's own rate structure, not from anything the city or county negotiated.
8 of the 24 communities signed a nondisclosure agreement. Some barred officials from saying that talks were happening at all, and one required the city to destroy its own notes.
62 terms across these agreements exist but are softened by language like good faith, commercially reasonable, or sole discretion. A term with an escape hatch reads as a protection and functions as a preference.
Each row is one signed deal. Each column is one term a good deal should include. The stamp says whether the deal clears the bar I set for that term. Tap a row to see exactly what the deal says and where it says it.
| Deal | Community fund | Clawbacks | Decommissioning | Grid costs | Water | Noise | Jobs | Local contracting | Transparency | Tax breaks | Source |
|---|---|---|---|---|---|---|---|---|---|---|---|
| A-1City of Bessemer, ALQTS | Community fund: unknown | Clawbacks: unknown | Decommissioning: unknown | Grid costs: unknown | Water: unknown | Noise: unknown | Jobs: falls short | Local contracting: unknown | Transparency: falls short | Tax incentives: unknown | press |
| A-2City of Goodyear, AZMicrosoft | Community fund: falls short | Clawbacks: n/a | Decommissioning: falls short | Grid costs: falls short | Water: meets | Noise: falls short | Jobs: falls short | Local contracting: falls short | Transparency: unknown | Tax incentives: n/a | document |
| A-3Pima County, AZBeale Infrastructure | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: meets | Water: unknown | Noise: unknown | Jobs: meets | Local contracting: falls short | Transparency: falls short | Tax incentives: n/a | document |
| A-4City of Fort Meade, FLStonebridge | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: unknown | Water: falls short | Noise: falls short | Jobs: meets | Local contracting: falls short | Transparency: falls short | Tax incentives: falls short | document |
| A-5Columbia County, GAGoogle | Community fund: falls short | Clawbacks: unknown | Decommissioning: falls short | Grid costs: unknown | Water: unknown | Noise: meets | Jobs: falls short | Local contracting: falls short | Transparency: falls short | Tax incentives: falls short | document |
| A-6Newton County, GAMeta | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: falls short | Water: meets | Noise: falls short | Jobs: falls short | Local contracting: falls short | Transparency: falls short | Tax incentives: falls short | document |
| A-7City of Cedar Rapids, IAGoogle | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: falls short | Water: falls short | Noise: falls short | Jobs: meets | Local contracting: falls short | Transparency: falls short | Tax incentives: falls short | document |
| A-8City of Cedar Rapids, IAQTS | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: falls short | Water: falls short | Noise: falls short | Jobs: meets | Local contracting: meets | Transparency: falls short | Tax incentives: falls short | document |
| A-9City of Council Bluffs, IAGoogle | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: unknown | Water: unknown | Noise: unknown | Jobs: meets | Local contracting: unknown | Transparency: falls short | Tax incentives: unknown | press |
| A-10St. Joseph County, INAmazon | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: unknown | Water: unknown | Noise: falls short | Jobs: meets | Local contracting: unknown | Transparency: falls short | Tax incentives: falls short | document |
| A-11Richland Parish, LAMeta | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: falls short | Water: falls short | Noise: unknown | Jobs: meets | Local contracting: unknown | Transparency: falls short | Tax incentives: unknown | document |
| A-12City of St. Louis, MOContour | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: unknown | Water: meets | Noise: unknown | Jobs: meets | Local contracting: falls short | Transparency: meets | Tax incentives: n/a | document |
| A-13City of Papillion and Sarpy County, NEMeta | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: falls short | Water: falls short | Noise: meets | Jobs: falls short | Local contracting: falls short | Transparency: falls short | Tax incentives: n/a | document |
| A-14Dona Ana County, NMOracle and OpenAI | Community fund: falls short | Clawbacks: meets | Decommissioning: falls short | Grid costs: unknown | Water: falls short | Noise: falls short | Jobs: meets | Local contracting: falls short | Transparency: falls short | Tax incentives: falls short | document |
| A-15Village of Los Lunas, NMMeta | Community fund: falls short | Clawbacks: meets | Decommissioning: falls short | Grid costs: falls short | Water: falls short | Noise: falls short | Jobs: meets | Local contracting: falls short | Transparency: falls short | Tax incentives: falls short | document |
| A-16City of New Albany, OHMeta | Community fund: falls short | Clawbacks: falls short | Decommissioning: unknown | Grid costs: meets | Water: unknown | Noise: falls short | Jobs: unknown | Local contracting: falls short | Transparency: falls short | Tax incentives: falls short | document |
| A-17Morrow County, ORAmazon | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: falls short | Water: falls short | Noise: falls short | Jobs: falls short | Local contracting: falls short | Transparency: falls short | Tax incentives: falls short | document |
| A-18City of Lancaster, PACoreWeave | Community fund: falls short | Clawbacks: n/a | Decommissioning: falls short | Grid costs: falls short | Water: falls short | Noise: unknown | Jobs: falls short | Local contracting: falls short | Transparency: falls short | Tax incentives: n/a | document |
| A-19City of Memphis, TNxAI | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: unknown | Water: falls short | Noise: falls short | Jobs: falls short | Local contracting: falls short | Transparency: falls short | Tax incentives: unknown | document |
| A-20City of Abilene, TXOracle and OpenAI | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: falls short | Water: falls short | Noise: unknown | Jobs: meets | Local contracting: unknown | Transparency: falls short | Tax incentives: unknown | document |
| A-21Loudoun County, VACross Mill | Community fund: falls short | Clawbacks: n/a | Decommissioning: falls short | Grid costs: falls short | Water: falls short | Noise: meets | Jobs: falls short | Local contracting: falls short | Transparency: meets | Tax incentives: n/a | document |
| A-22Prince William County, VAQTS | Community fund: falls short | Clawbacks: n/a | Decommissioning: falls short | Grid costs: falls short | Water: falls short | Noise: meets | Jobs: falls short | Local contracting: falls short | Transparency: falls short | Tax incentives: n/a | document |
| A-23Village of Mount Pleasant, WIMicrosoft | Community fund: falls short | Clawbacks: falls short | Decommissioning: unknown | Grid costs: falls short | Water: falls short | Noise: unknown | Jobs: falls short | Local contracting: unknown | Transparency: falls short | Tax incentives: unknown | press |
| A-24City of Port Washington, WIVantage | Community fund: falls short | Clawbacks: falls short | Decommissioning: falls short | Grid costs: falls short | Water: falls short | Noise: unknown | Jobs: falls short | Local contracting: meets | Transparency: falls short | Tax incentives: meets | document |
Both of these are signed, both were negotiated by people trying to do right by their town, and they are not close. Note which one is on the right: Lancaster is the agreement most often held up as the model, and it is written up as an example by the Sabin Center at Columbia. It is here because a bar applied evenly does not care who gets praised.
Ranked by the share of terms met, counting only the terms that apply. A deal that granted no tax break has nothing to claw back, so those clauses are excluded rather than counted against it. Deals with more than three unknown terms are left out of this comparison entirely, because being unreadable is not the same as being bad. That rule currently excludes Bessemer, where a $14.5 billion project was approved with no published economic terms at all.
Mark Cuban's advice was to load these agreements into an AI and ask where the community is getting hurt. Here is that prompt, written out, with the ten terms built in. Paste it into any chat tool along with the agreement you are looking at.
You are reviewing a proposed data center agreement on behalf of the community that would host it. You are not the developer's lawyer. Be concrete and quote the document. Attached or pasted below is the agreement under negotiation. Benchmark data on what other communities actually signed is at https://futurepickleballcourt.com/all.md Answer these, in order: 1. For each of the terms below, quote the exact language in this agreement, or write NOT PRESENT. 1. Community fund. A strong version: A fund that scales with the project, with a community seat on the body that spends it. 2. Clawbacks. A strong version: Incentives come back if the facility stops operating, not only if a jobs number is missed. 3. Decommissioning. A strong version: A bond, escrow, or letter of credit that pays for teardown and site restoration if the operator walks. 4. Grid costs. A strong version: The operator pays for its own interconnection and carries a minimum bill that survives it leaving. 5. Water. A strong version: A stated cap or closed-loop cooling, plus public reporting. 6. Noise. A strong version: A numeric limit measured at the nearest residence or property line. 7. Jobs. A strong version: Binding job commitments with a consequence, not projections. 8. Local contracting. A strong version: Local subcontracting goals and haul-route road repair paid by the operator. 9. Transparency. A strong version: No NDA, the agreement is public, and an independent audit on a schedule. 10. Tax incentives. A strong version: A but-for test before any abatement, with the forgone revenue stated. 2. For every term that is present, quote any language that softens it: good faith, commercially reasonable, best efforts, sole discretion, subject to availability, as determined by the company, or similar. For each one, say plainly whether it is an obligation or a preference. A term that sounds protective and cannot be enforced is worse than no term, because it ends the conversation. 3. Which terms here are weaker than what other communities have already signed? Name the comparison. 4. Walk through what happens if this facility is built and then stops operating in year six. Who pays to tear it down. Who pays for the grid capacity built to serve it. What happens to the tax revenue the budget now depends on. Point to the clause that answers each, or say there is none. 5. Who can enforce each promise, and how. If only the local government can sue, say so. If residents are excluded as third party beneficiaries, say so. 6. List the three changes that would most improve this deal for the community, in priority order, with specific language to propose for each. Do not soften your answer to be agreeable. If the deal is good, say that too. OPTIONAL, IF YOU WANT THIS DEAL ADDED TO THE PUBLIC BENCHMARK Print the block below, filled in. Leave a line blank if the document does not answer it. Do not guess. A blank is useful; a guess is not. Then send it to deals@futurepickleballcourt.com with a link to the document. PLACE: (city or county, state) OPERATOR: (who will run it, if named) DEVELOPER: (who signed, if different) AGREEMENT TYPE: (development agreement, proffer, tax abatement, land sale, other) DATE SIGNED: (YYYY-MM-DD) DOCUMENT URL: (a public link anyone can open) STATUS: (signed, approved, proposed, withdrawn, terminated) COMMUNITY FUND: (what the document says, and the section number) CLAWBACKS: (what the document says, and the section number) DECOMMISSIONING: (what the document says, and the section number) GRID COSTS: (what the document says, and the section number) WATER: (what the document says, and the section number) NOISE: (what the document says, and the section number) JOBS: (what the document says, and the section number) LOCAL CONTRACTING: (what the document says, and the section number) TRANSPARENCY: (what the document says, and the section number) TAX INCENTIVES: (what the document says, and the section number) SOFTENING LANGUAGE: (any good faith, reasonable efforts, or sole discretion wording, quoted) Accuracy matters more than completeness. Every line will be checked against the document before it is published, and anything that cannot be found there will be removed.
He published what towns should demand. This is what towns actually got. Each row counts the signed agreements in this benchmark that clear the bar for that ask. a ten-point checklist for towns getting their first data center, posted to X on September 8, 2026. His rule: every major promise should carry a measurable limit, independent oversight, financial backing, and a practical remedy if it is broken.
Not scored: Hire your own lawyers and technical advisors. This is a decision a town makes before it signs, not a term inside the agreement, so there is nothing in these documents to score. It may be the highest-value item on his list.
Not scored: Assess the entire planned build-out, not just phase one. Also a process question. It does show up indirectly: several agreements here write payment schedules for the first buildings only and go quiet about the rest.
Not scored: Demand guarantees from a financially credible parent company. No column tracks this yet because too few agreements address it to compare. Where it exists it is noted inside the deal, as in Richland Parish, where advocates argue the guarantee stopped reaching an entity with assets after the ownership changed.
Summarized from reporting on the thread rather than quoted. The asks below are paraphrases; follow the link for his own words.
Quoted verbatim so it can be pasted into a redline. Four of the ten have no quote because no signed agreement in this benchmark contains language worth copying for that term. That absence is the finding, not an omission.
$30 per square foot of approved data center, so the fund scales with what actually gets built instead of being a flat headline number.
$30 per square foot of approved data center development, an estimated $15,750,000, to a Fund.St. Louis community benefits term sheet, p. 2
Liquidated damages of $2,000 per job short of a 25, 50, then 100 job ladder for 20 years, plus $15,000 for every $100,000 of tax revenue missed. Money, per unit missed, not an all-or-nothing default.
Pay $15,000 in liquidated damages for every $100,000 below the projected annual tax revenues if not met by 2029 ... pay $2,000 in liquidated damages for each job short of the required total.St. Louis community benefits term sheet, p. 1
No deal on record posts a bond. The closest is the neighboring town of Marana, which conditioned its approval of the same developer on removing all hardware and securing the property if the use stops.
If the data center use in the Rezoning Area is discontinued, the Property Owners must cause all data center hardware and infrastructure to be removed from the buildings' interior in compliance with all local, state, and federal regulations, and must establish and execute security protocols to ensure the safety and upkeep of the property.Town of Marana Ordinance 2026.002, condition 19
Billing demand of at least 85 percent of peak for a twelve year term, an exit fee of 36 months of minimum charges, and collateral of half the total minimum charges unless the customer is investment grade.
After the Load Ramp Period, monthly billing demand established hereunder shall not be less than the greater of (a) 85% of the customer's highest previously established monthly billing demand during the past 11 months or (b) the customer's “Minimum Demand” as set forth below.AEP Ohio Schedule DCT, Original Sheet No. 223-4 (PUCO case 24-508-EL-ATA)
A hard cap of 20,000 gallons a day per campus written into the agreement, against a prior industrial user on the same site that drew 100,000 to 125,000.
The Owners covenant and agree that their use of municipal water shall not exceed twenty thousand (20,000) gallons per day at either of the Campuses.Lancaster AI Hub Community Benefits Agreement, Section 3.4
55 dBA at the residential lot line, a study before the first site plan and again within six months of every occupancy permit, mitigation within 60 days of an exceedance, all certified by an acoustical engineer.
The maximum allowable sound emitted from a data center and its associated mechanical equipment on the Property, as measured at the lot line of any contiguous lot that permits a single-family dwelling as a principal use, shall be 55 dB(A).Cross Mill Center proffer statement, Proffer II.E
A job ladder of 100 by 2028 rising to 500 by 2032 at 150 percent of the state average wage, secured by the state's right to raise the purchase price or take the land back.
A $2,000,000 payment and performance bond posted within ten business days, plus $117,099.90 for damage already done and about 2.6 miles of road rebuilt at the developer's sole cost. The county can also draw on the bond for damage it cannot see, at $3.86 per quarry truck trip.
Developer shall, within ten (10) business days of the Effective Date, post and maintain a payment and performance bond with a surety, and on terms, acceptable to the County in its reasonable discretion, in an amount equal to two million dollars ($2,000,000) (the “Road Repair Bond”), naming the County as a beneficiary of such bond.Linn County and QTS Cedar Rapids I, LLC road use agreement, Section 3.C
No NDA anywhere in the record, the whole file public, and compliance verified by outside professionals rather than self-certified.
No abatement at all. Full real property tax plus $4.15 per $100 on computer equipment, which funds roughly $1.3 billion of a $2.9 billion budget, banked against a stabilization fund.
Send the document and the place. I will read it and score it. You do not need to know what a pull request is, and you do not need to learn the schema: fill in the two boxes and it writes the email for you. Nothing publishes automatically, because every term gets checked against the document first.
A link to the document is required, and submissions without one are closed unread. That is not gatekeeping, it is the only rule this whole list has: a source on every term, or it doesn't go in. Prefer GitHub? Open an issue or send a pull request.
Deals worth adding next, and the exact document that would settle them. Claim one by opening an issue or just send the document. Requests from readers get added here.
Corrections already made are listed in CORRECTIONS.md. If a number here is wrong, that file is where the fix gets recorded.
These bars are a position, not a law. They live in a plain text file in the repository, and anyone can propose a change by pull request.