Development Authority of the
City of Brookhaven
Skyland Office Building Purchase
By:
Marie Garrett
Ed WallSkyland Property
* 44,000 Sq. Ft. Office Building on 5.3 acres
— Purchase Price $2,790,000
— LOI with State of Georgia with a closing on
1 November 2015
— Annual Lease Revenue from State of $223,200
— State has committed to two years (6/30/17)
BoaktianghGeorgia Supreme Court Cases Related to
Statutory Development Authority
* Odom vs. Union City (1978)
= Can only do projects for private projects
— Governmental projects don’t qualify as it does not give enough promotion of
“trade, commerce and industry”
* Green County Development Authority vs. State of Georgia (2015)
= Directly on point as to a Charter School furthering the public purpose of
“promotion of trade industry and commerce...”
— Local residents challenged the validation
— Trial Court said the deal as structured did not work
+ Green County was going to levy a tax and pay a $14 million bond issue for a Charter Academy
+ At the end of the term of the bond, the Academy would own the building for $1
+ Testimony at the Trial Court was that furthering education would improve the economy
+ Tria Court said that was not particular enough
— Supreme Court affirmed the Trial Court ruling and would not validate the bonds
satan 3Uses of the Skyland Building
* Charter School
¢ Other business
* Possible site of Future City HallStructure of Financing
* Development Authority owns the building and
sells tax-exempt Revenue Bonds
* Development Authority leases the Building
and land to Atlanta Prep Academy
* Atlanta Prep Academy subleases to the State
of Georgia
* City of Brookhaven adopts an
Intergovernmental Contract guaranteeing the
Revenue Bonds
— As long as the State of Georgia pays, the City will
never have to pay anything
BoolianSimple Purchase Numbers
* Revenue Bond Size $2,880,000
* Term —17 years
° Estimated Interest Rate 2.8%
* Annual Payments (16 — 33) -- $215,000Impact on City if Tenant defaults
and no other tenants occupy building
* 2015 Brookhaven Tax Digest -- $2,603,158,746
¢ 1 mill equals $2,603,158
* Simple Purchase — 0.083 mills
* This millage is outside — in addition to- the
City’s Charter millage limitation of 3.15 mills
BoaktianehTimeline
* Projected Closing with the State of Georgia — 1 November, 2015
* TEFRA Hearings — 2 weeks
* Validation Hearings — 3 weeks
* Drafting of Documents — 2 weeks
* Adoption by Development Authority and Mayor and Council — 1 week