14-0361
Transcription
14-0361
BOC MEETINGDATE OS/21/14 Requesting Agency Economic Development Division Requested Action Request approval of the Ordinance to amend the Fulton County Enterprise Zone Ordinance to add the Porsche North America Industrial Urban Enterprise Zone Requirement for Board Action (Cite specific Board policy, statute or code requirement) Approval by the Fulton County Board of Commissioners that Chapter 118, Section 3, Article III of the Fulton County Enterprise Zone Ordinance is hereby amended. Is this Item Goal Related? (If yes, describe how this action meets the specific Board Focus Area or Goal) X Yes D No The Economic Development Division facilities major business and retail investments that lead to the growth of the Fulton County tax base, employment and training opportunities, and attracting and leveraging of future business and real estate investments in Fulton County. Summary & Background (First sentence includes Agency recommendation. Provide an executive summary of the action that gives an overview of the relevant details for the item.) Porsche Cars North America, Inc. (UPorsche") is developing its U.S.-based headquarters at One Porsche Drive, formerly 320 South Central Avenue. The headquarter site's total development cost will exceed $100 million, house 400 employees (including 100 new jobs to Georgia and 234 relocated jobs), will include a Technical Service and Training Center, Conference Center, Museum, and a Customer Experience Center. Porsche's headquarter development project serves as an anchor to South Fulton County area development. With its proximity to the airport, being a highly recognized and respected global brand, and the ability to stimulate future economic growth in the area; Fulton County Economic Development recognizes the importance of this endeavor as it relates to Business Attraction and Retention. Porsche will be relocating staff from its current Sandy Springs and Chicago, IL locations. Out of the 400 employees, 59% of these jobs will be relocating from Chicago which translates to tax revenue, as some of these employees will be purchasing homes within Fulton County. Additionally, we recognize that 100 of the remaining new jobs will be high-tech, highly skilled jobs that will result in improving demographics across the metro region. Porsche has applied to Fulton County for Urban Enterprise Zone Tax Abatement. The enterprise zone desiqnation will be abating taxes on a sliding scale for 10 years. The total tax abatement for this project is estimated at $2.9m, but there will be an additional $830,000 in revenue generated from years 6 - 10. The Fulton County Economic Development Division has reviewed Porsche's application and has conducted an analysis of the proposed Enterprise Zone Designation Area based on Title 36. Local Government Provisionals Applicable to Counties, Municipal Corporation, and Fulton County Government's O. C. G.A. § 3688-1 et seq. Based on the analysis, the application meets the criteria for designation as an Urban Enterprise Zone. Porsche has submitted additional information describinQ their commitment to increase its supplier diversity .~.1;; Agency Director Approval Typed Name and Title Signature Revised 03/12/09 (Previous versions are obsolete) , Phone Date County Manager's Approval Page 2 of 2 and to ensure increases in a diverse workforce, The City of Atlanta approved the establishment of the Porsche Cars North America Industrial Urban Enterprise Zone on September 13, 2013. The Atlanta Enterprise Zone Act provides that Fulton County Board of Commissioners may exempt from ad valorem taxation for County purposes under this Act the taxable value of the same property exempted from ad valorem taxation for city purposes. Fiscal Impact I Funding Source (Include projected cost, approved budget amount and account number, source of funds, and any future funding requirements.) Fulton County will abate $2,964,641 in taxes over a 1 O-year period starting in 2014. 10, Fulton County will receive an estimated $836,181 in taxes from this project. Exhibits Attached From years 6 - (Provide copies of originals, number exhibits consecutively, and label all exhibits in the upper right corner.) Ordinance Criteria for Designation of Urban Enterprise Zone Evaluation Fulton County Office of Finance's Evaluation of UEZ Fulton County Economic Development's Impact Analysis Porsche Cars North America, Inc. UEZ Application Porsche Cars North America, Inc.'s Letter, dated April 30, 2014 Source of Additional Information (Type Name, Title, Agency and Phone) 7 ORDINANCE AMENDING CHAPTER 118, SECTION 3, ARTICLE III OF THE FULTON COUNTY ENTERPRISE ZONE ORDINANCE, BY ADDING A NEW SUBSECTION 118-101 (3)(f) ENTITLED "PORSCHE CARS NORTH AMERICA INDUSTRIAL URBAN ENTERPRISE ZONE"; TO PROVIDE A MECHANISM FOR THE ABATEMENT OF STATE AND COUNTY AD VALOREM TAXES ON CERTAIN PROPERTY WITHIN THE REFERENCED ENTERPRISE ZONE; AND FOR OTHER PURPOSES. 8 9 WHEREAS, Georgia's Enterprise Zone Employment Act of 1997, codified 10 as a.c.G.A. § 36-88-1, et seq., authorizes a local governing body or bodies to 11 designate one or more geographic areas as enterprise zones; and 1 2 3 4 5 6 12 WHEREAS, the primary purpose of the Georgia Enterprise Zone 13 Employment Act of 1997 is to provide for the revitalization of certain geographic 14 areas 15 underdevelopment, and economic decline by encouraging private businesses to 16 reinvest and to rehabilitate such areas; and 17 within cities and counties that suffer from disinvestment, WHEREAS, a.c.G.A. § 36-88-5 provides that in such enterprise zones, 18 local ad valorem 19 exempted or reduced from applying to certain qualified business and service 20 enterprises; and 21 taxes, occupation taxes, license fees and taxes may be WHEREAS, a.c.G.A. § 36-88-6 further provides that in order to be 22 designated as an enterprise zone, a nominated area must meet at least three (3) 23 of the following five (5) criteria: (1) pervasive poverty throughout the nominated 24 area; (2) unemployment for the nominated area for the preceding calendar year 25 is at least 10 percent higher than the state average rate of unemployment; (3) 26 general distress within the nominated area as evidenced by high incidence of 27 crime, abandoned or dilapidated structures, and substantial population decline; 28 (4) underdevelopment within the nominated area as compared to development 1 activity with the local governing body's jurisdiction; 2 the nominated area. and (5) general blight within 3 WHEREAS, Porsche Cars North America, Inc. is developing its U.S based 4 headquarters at One Porsche Drive (formerly known as 320 South Central 5 Avenue); and 6 WHEREAS, Porsche Cars North America's, Inc. site development will 7 exceed $100 million and employ 400 employees, including 100 new jobs to 8 Georgia and 234 relocated jobs. The construction will also include a Technical 9 Service and Training Center, Conference Center, Museum, and a Customer 10 Experience Center; and 11 12 WHEREAS, Porsche Cars North America, Inc. has applied to Fulton County for an Urban Enterprise Zone Tax Abatement designation; and 13 WHEREAS, the Fulton County Economic Development Division's 14 analysis of Porsche Cars North America's application, as fully set forth in Exhibit 15 "A" and incorporated herein by reference, determined that the proposed area met 16 the following three (3) factors for designation as an Urban Enterprise Zone 17 pursuant to O.C.G.A. 18 proceeding calendar year (2013) for the nominated area was 57% higher than 19 the state unemployment 20 conditions due to abandoned or dilapidated structures; and (3) pervasive poverty; 21 and § 36-88-6: (1) the average unemployment rate for the rate; (2) general distress as evidenced by adverse 22 WHEREAS, on September 13, 2013, the City Council of the City of 23 Atlanta, Georgia ("City") duly established the "Porsche Cars North America 24 Industrial Urban Enterprise Zone" for the purpose of providing a mechanism for 2 1 the abatement of the City's portion of ad valorem taxes on certain property within 2 the referenced Urban Enterprise Zone; and 3 WHEREAS, the Fulton County Board of Commissioners wishes to 4 establish the Porsche Cars North America Industrial Urban Enterprise Zone for 5 the purpose of providing a mechanism for the abatement of the state and County 6 portion of ad valorem taxes on certain property within the referenced Urban 7 Enterprise Zone; 8 NOW, THEREFORE, BE IT ORDAINED by the Fulton County Board of 9 Commissioners that Chapter 118, Section 3, Article III of the Fulton County 10 Enterprise Zone Ordinance is hereby amended by adding the following new 11 subsection (3)(f) so that it shall read as follows: 12 "(f) Porshe Cars North America Industrial Urban Enterprise Zone. 13 Within the area delineated below, it is determined that (1) the average rate of 14 unemployment within the nominated area for the preceding calendar year (2013) 15 is 57% higher than the state average unemployment; (2) general distress in the 16 nominated area is evidenced by abandoned or dilapidated structures, and 17 deteriorated infrastructure; and (3) pervasive poverty rate is widespread within 18 the nominated area as evidenced by two U.S. Census Tracts 19 Accordingly, there is hereby created the Porsche North America Industrial Urban 20 Enterprise Zone with the following geographic boundaries: 21 22 All that tract or parcel of land lying and being in Land Lot 96 of the 14th District, City of Hapeville, Fulton County, Land Lot 65 of the 14th District, City of Atlanta, Fulton County, and Land Lots 11 and 12 of tile 13th District, Clayton County, Georgia, and being more particularly described as follows: Commence at the intersection of the line common 'to Land Lots 1 I and 12, 13th District, Clayton County, Georgia, and the South boundary line of Land Lot 65, 14th District, Fulton County, Georgia, said Point of Commencement being located North 88 degrees 49 minutes 32 seconds West a distance oj307.92 feet as measured from a concrete monument found at the intersection of said county line and the northwesterly right-of-way 23 24 25 26 27 28 29 3 72 and 108. 1 2 of Interstate Highway 1-75 (having a varied right-of-way); run thence along the said South boundary line of Land Lot 65 South 88 degrees 49 minutes 32 seconds East a 3 4 distance of69.64 feet to an iron pin set, said iron pin set also being THE TRUE POINT OF BEGINNING; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 From THE TRUE POINT OF BEGINNING as thus established run South 00 degrees 59 minutes 39 seconds Westfor a distance of 135, OJ feet to a point; thence run South 06 degrees 47 minutes 07 seconds Westfor a distance of 11 0.57 feet to a Y2" rebar found; thence run South 89 degrees 0 I minutes 28 seconds Eastfor a distance of205.14 feet to a Y2" rebar found, said Y2" rebar found being located on the westerly right of way of Leslie Drive; thence run along the said westerly right of way of Leslie Drive South 16 degrees 06 minutes 40 seconds West for a distance of 56.14 feet to a point; thence continue to run along the said westerly right of way of Leslie Drive South 16 degrees 34 minutes 15 seconds Westfor a distance of 45. 19 feet to a point; thence continue to run along the said westerly right of way of Leslie Drive South 19 degrees 14 minutes 13 seconds West for a distance of 228. 78 feet to an iron pin set; thence leave the said westerly right of way of Leslie Drive and run North 89 degrees 37 minutes 50 seconds West for a distance of 163.51 feet to an iron pin set; thence run North 89 degrees 37 minutes 49 seconds West/or a distance 0./388.80 feet to an iron pin set; thence run North 00 degrees 15 minutes 32 seconds Eastfor a distance of 365 .19 feet to an iron pin set; thence run North 89 degrees 09 minutes 30 seconds West for a distance of 16.73 feet to an iron pin set; thence run North 00 degrees 0 I minutes 12 seconds East for a distance of 44. 94feetto an iron pin set; thence run South ~8 degrees 59 minutes 21 seconds Eastfor a distance of85.90 feet to an iron pin set; thence run North 00 degrees 51 minutes SO seconds Eastfor a distance of 157.21 feet to an iron pin set; thence run North 00 degrees 51 minutes 50 seconds East for a distance of 103.03 feet to an iron pin set; thence run South 89 degrees 35 minutes 09 seconds Eastfor a distance of 163.93 feet to an iron pin set; thence run North 00 degrees 24 minutes 44 seconds Eastfor a distance of 1637.12 feet to a nail set on the southerly right of way of Henry Ford II Avenue (public road having a variable width right-of-way); thence run along said right-of-way South 63 degrees 35 minutes 46 seconds East for a distance of 19. 79 feet to a nail set; thence continue to run along the said southerly right of way of Henry Ford II Avenue South 01 degrees 25 minutes 46 seconds East for a distance of 87.03 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford II Avenue North 49 degrees II minutes 35 seconds East for a distance of 83.48 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford IT Avenue South 74 degrees 56 minutes OS seconds East for a distance of 215.00 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford II Avenue South 73 degrees 38 minutes 40 seconds Eastfor a distance of 214.51 feet to a concrete monument found, said concrete monument found being located at the northwesterly corner of the mitered right-of-way of the intersection of the said southerly right of way of Henry Ford II Avenue and the westerly right-of-way of Interstate Highway 1-75; thence run along the said mitered right-of-way South 25 degrees 08 minutes 14 seconds East for a distance of 67.20 feet to a concrete monument found, said concrete monument found being located at the southeasterly corner of said mitered right of way; thence leave said mitered right-of-way and run along the said westerly right-of-way of Interstate Highway 1-75 the following courses and distances: South 14 degrees 38 minutes 38 seconds Westfor a distance of 462.64 feet to a point; thence run along a curve to the left having a radius 0./236.51 feetand an arc length 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of 162. 21 feet, said arc being subtended by a chord with a bearing of South 05 degrees 00 minutes 13 seconds East and a length of 159.05 feet, to a point; thence run South 24 degrees 47 minutes 31 seconds East for a distance of 86.70 feet to a point; thence run South 23 degrees 26 minutes 55 seconds East for a distance of 203.39 feet to a concrete monument found; thence run along a curve to the right having a radius of676.20 feet and an arc length 01266.23 feet, said arc being subtended by a chord with a bearing of South 05 degrees 47 minutes 01 seconds East and a length 01264.51 feet, to a concrete monumentfound; thence run South 10 degrees 52 minutes 49 seconds Westfor a distance of 194. 36feet to a concrete monumentfound; thence run South 14 degrees 38 minutes 06 seconds West for a distance of 169.36 feet to a concrete monument found; thence run North 75 degrees 22 minutes 01 seconds West for a distance 0120.00 feet to a concrete monumentfound; thence run South 14 degrees 37 minutes 59 seconds Westfor a distance of 50.93 feet to a concrete monument found; thence leave the said westerly right-of-way of Interstate Highway 1-75 and run North 88 degrees 49 minutes 32 seconds Westfor a distance of 238.28 feet to an iron pin set, said iron pin set also being THE TRUE POINT OFBEGINNING. Said property contains 1,141,885 squarefeet (26.214 acres). TOGETHER WITH the non-exclusive easements appurtenant to the above-described tract of land granted by and more particularly described in that certain Easement Agreement by and between Airport Station, L.L. C; and The City of Atlanta, dated September 30,20 I], filed for record October 5, 20 II, recorded in Deed Book 50440, Page 499, Records of Fulton County, Georgia and filed for record October 4,2011, recorded in Deed Book 10015, Page 66, Records of Clayton County, Georgia, as amended and restated by that certain Amended and Restated Easement Agreement between Airport Station, L.L. C; and The City of Atlanta, dated May II, 2012. 26 27 28 29 30 31 32 33 34 The above tract of land is shown on and described according to "ALTAI ACSM Land Title Survey for Porsche Cars North America, Inc., Airport Station, L.L.c., and Chicago Title Insurance Company," prepared by Lowe Engineers, LLC, bearing the seal and certification of Scott C. North, Georgia Registered Land Surveyor No. 3176, dated April 16,2012, which survey is by this reference incorporated herein and made a part hereof Said Tract I property (described in its entirety hereinabove) lies within three separate municipalities, whose individual portions are described asfollows: 35 36 37 Tract I - Portion within Land Lot 96, 14th District, City of Hapeville, Fulton County, Georgia 38 39 40 All that tract or parcel of land lying and being in Land Lot 96 of the 14th District, City of Hapeville, Fulton County, Georgia and being more particularly described as follows: 41 42 43 44 45 46 47 48 Commence at the intersection of the line common to Land Lots 1] and 12, 13th District, Clayton County, Georgia, and the South boundary line of Land Lot 65, 14th District, Fulton County, Georgia, said Point of Commencement being located North 88 degrees 49 minutes 32 seconds West a distance of 307.92 feet as measured from a concrete monument found at the intersection of said county line and the northwesterly right-of-way of Interstate Highway 1-75 (having a varied right-of-way): thence run along the said South boundary line of Land Lot 65 North 88 degrees 49 minutes 32 seconds West a 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 distance of 158.94 feet to an iron pit set, said iron pin set also being THE TRUE POINT OF BEGINNING; From THE TRUE POINT OF BEGINNING as thus established run North 88 degrees 49 minutes 32 seconds Westfor a distance of 164.76feet to an iron pin set; thence run North 00 degrees 51 minutes 50 seconds East for a distance of 103.03 feet to an iron pin set; thence run South 89 degrees 35 minutes 09 seconds Eastfor a distance of 163.93 feet to an iron pin set; thence run South 00 degrees 24 minutes 44 seconds West for a distance of 105.21 feet to an iron pin set, said iron pin set also being THE TRUE POINT OF BEGINNING. Said property contains 17, III square feet (0.393 acres) 15 Tract I - Portion within Land Lot 65, 14th District, City of Atlanta, Fulton County, Georgia 16 17 18 All that tract or parcel of land lying and being in Land Lot 65 of the 14th District, City of Atlanta, Fulton County, Georgia and being more particularly described as follows: 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Commence at the intersection of the line common to Land Lots II and 12, 13th District, Clayton County, Georgia, and the South boundary line of Land Lot 65, 14th District, Fulton County, Georgia, said Point of Commencement being located North 88 degrees 49 minutes 32 seconds West a distance 01307.92 feet as measured from a concrete monument found at the intersection of said county line and the northwesterly right-of-way of Interstate Highway 1-75 (having a varied right-of-way); thence run along the said South boundary I ine of Land Lot 65 South 88 degrees 49 minutes 32 seconds East a distance of 69. 64 feet to an iron pin set, said iron pin set also being THE TRUE POINT OF BEGINNING; From THE TRUE POINT OF BEGINNING as thus established run North 88 degrees 49 minutes 32 seconds Westfor a distance 0.1228.58 feet to an iron pin set; thence run North 00 degrees 24 minutes 44 seconds East for a distance of 105.21 feet to an iron pin set; thence run North 00 degrees 24 minutes 44. seconds Eastfor a distance of 1637.12feet to a nail set on the southerly right of way of Henry Ford II Avenue (having a variable width right-of-way); thence run along said right-of-way South 63 degrees 35 minutes 46 seconds East for a distance of 19.79 feet to a nail set; thence continue to run along the said southerly right of way of Henry Ford II Avenue South 01 degrees 25 minutes 46 seconds East for a distance of 87.03 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford Il A venue North 49 degrees I 1 minutes 35 seconds East for a distance of 83.48 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford II Avenue South 74 degrees 56 minutes 05 seconds Eastfor a distance of215.00 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford II A venue South 73 degrees 38 minutes 40 seconds Eastfor a distance 0.1214.51 feet to a concrete monument found, said concrete monument found being located at the northwesterly corner of the mitered right-of-way of the intersection of the said southerly right of way of Henry Ford II Avenue and the westerly right-of-way of Interstate Highway 1-75; thence run along the said mitered right-of-way South 25 degrees 08 minutes 14 seconds East for a distance of 67.20 feet to a concrete monument found, said concrete 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 monument found being located at the southeasterly corner of said mitered right of way; thence leave said mitered right-of-way and run along the said westerly right-of-way of Interstate Highway 1-75 the following courses and distances: South 14 degrees 38 minutes 38 seconds West for a distance of 462.64 feet to a point; thence run along a curve to the left having a radius of236.51 feet and an arc length of 162.21 feet, said arc being subtended by a chord with a bearing of South 05 degrees 00 minutes 13 seconds East and a length of 159.05 feet, to a point; thence run South 24 degrees 47 minutes 31 seconds East for a distance of 86. 70 feet to a point; thence run South 23 degrees 26 minutes 55 seconds East for a distance of 203.39 feet to a concrete monument found; thence run along a curve to the right having a radius of 676.20 feet and an arc length of 266.23 feet, said arc being subtended by a chord with a bearing of South 05 degr:ees 47 minutes 0 I seconds East and a length 01264.51 feet, to a concrete monument found; thence run South 10 degrees 52 minutes 49 seconds West for a distance of 194.36 feet to a concrete monument found; thence run South 14 degrees 38 minutes 06 seconds Westfor a distance of 169. 36feet to a concrete monumentfound; thence run North 75 degrees 22 minutes 0 I seconds West for a distance 0120.00feetto a concrete monument found; thence run South 14 degrees 37 minutes 59 seconds West for a distance of 50.93 feet to a concrete monumentfound; thence leave the said westerly right-of-way of Interstate Highway 1-75 and run North 88 degrees 49 minutes 32 seconds Westfor a distance 01238.28feetto an iron pin set, said iron pin set also being THE TRUE POINTOF BEGINNING. Said property contains 829,625 square feet (19.045 acres) Tract I - Portion within Land Lots 11 and 12, 13th District, Clayton County, Georgia 27 28 29 30 31 32 33 34 35 36 37 38 39 All that tract or parcel of land lying and being in Land Lots II and 12 of the 13th District, Clayton County, Georgia and being more particularly described asfollows: Commence at the intersection of the line common to Land Lots I I and 12, 13th District, Clayton County, Georgia, and the South boundary line of Land Lot 6S, 14th District, Fulton County, Georgia, said Point of Commencement being located North 88 degrees 49 minutes 32 seconds West a distance of 307.92 feet as measured from a concrete monument found at the intersection of said county line and the northwesterly right-of-way of Interstate Highway 1-75 (having a varied right-of-way); thence run along the said South boundary line of Land Lot 65 South 88 degrees 49 minutes 32 seconds East a distance of 69.64 feet to an iron pin set, said iron pin set also being THE TRUE POINT OF BEGINNING; 40 41 42 43 44 45 46 47 48 49 From THE TRUE POINT OF BEGINNINGas thus established run South 00 degrees S9 minutes 39 seconds West for a distance of 135.0 I feet to a point; thence run South 06 degrees 47 minutes 07 seconds West for a distance of 110.57 feet to a 12" rebar found; thence run South 89 degrees 01 minutes 28 seconds Eastfor a distance 01205. 14 feet to a 12" rebar found, said W' rebar found being located on the westerly right of way of Leslie Drive; thence run along the said westerly right of way of Leslie Drive South J 6 degrees 06 minutes 40 seconds Westfor a distance of 56. 14feet to a point; thence continue to run along the said westerly right of way of Leslie Drive South 16 degrees 34 minutes 1 S seconds West for a distance of 45 .19 feet to a point; thence continue to run along the 7 1 2 3 4 5 6 7 8 9 10 11 12 13 said westerly right of way of Leslie Drive South 19 degrees 14 minutes 13 seconds West for a distance 0.1228. 78feet to an iron pin set; thence leave the said westerly right of way of Leslie Drive and run North 89 degrees 37 minutes 50 seconds Westfor a distance of 163.5 I feet to an iron pin set; thence run North 89 degrees 37 minutes 49 seconds West for a distance of 3 88.80 feet to an iron pin set,' thence run North 00 degrees 15 minutes 32 seconds Eastfor a distance of 36S .19feet to an iron pin set; thence run North 89 degrees 09 minutes 30 seconds Westfor a distance of 16.73 feet to an iron pin set; thence run North 00 degrees 01 minutes 12 seconds East for a distance of 44.94 feet to an iron pin set; thence run South 88 degrees 59 minutes 21 seconds East for a distance of 85.90 feet to an iron pin set; thence run North 00 degrees 51 minutes 50 seconds East for a distance of 157.21 feet to an iron pin set; thence run South 88 degrees 49 minutes 32 seconds Eastfora distance of 393.34 feet to an iron pin set, said iron pin set also being THE TRUEPOINT OF BEGINNING. 14 15 16 Said property contains 295,149 squarefeel (6.776 acres). BE IT FURTHER ORDAINED, that this ordinance shall become effective 17 when adopted by the Board of Commissioners 18 ordinances, 19 amendment are repealed to the extent of the conflict. 20 and that all resolutions, and Code sections in conflict with this Ordinance and Code BE IT FURTHER ORDAINED, that if any section, subsection, sentence, 21 clause, phrase, or portion of this Ordinance and Code amendment is for any 22 reason held invalid or unconstitutional 23 such portion shall be deemed a separate, distinct and independent provision, and 24 such holding shall not affect the validity of the remaining portions hereof. 25 by any court of competent jurisdiction, SO ORDAINED AND ADOPTED, this __ ,_day of May, 2014. 26 27 28 29 BOARD OF COMMISSIONERS 30 31 32 33 34 35 36 37 38 John H. Eaves, Chairman District -1, At- Large 8 1 2 3 4 ATTEST: APPROVED AS TO FORM: Mark Massey, Clerk to the Commission R. David Ware, County Attorney 5 6 7 8 9 10 11 12 13 14 15 P:\CAProjects\EconDev\Enterprise Zones\Porsche\05-07-2014 Amendment to County's Enterprise Zones Ordinance.doc 9 Porsche North America Industrial Urban Enterprise Zone Application Criteria for Designation of Urban Zone Evaluation Unemployment The average rate of unemployment is the nominated area for the proceeding calendar year is at least 10% higher than the state average or there has been significantjob dislocation within nominated area by closing of a manufacturing plant or federal facility. The average unemployment rate for the proceeding calendar year (2013) for those census tracts around the nominated area was 12.9%, the rate for the state was 8.2%, the rate for Fulton County was 8.6%, and the rate for the Atlanta MSA was 7.9%. The unemployment rate for the study area was 57% higher than the State, 50% higher than Fulton County, and 63% higher than the Atlanta MSA area: thus, fully demonstrating an average unemployment rate which satisfies the above criteria. Place Georgia Fulton County Atlanta MSA Study Area (Census Tract 72) Study Area (Census Tract 108) Combined Census Tract Areas Population 9,687,653 920,581 5,286,728 1,871 Employed 4,378,029 427,811 2,510,965 794 Unemployed 389,294 40,126 215,195 226 Labor Force 4,767,323 467,937 2,726,160 1,020 Rate 8.2% 8.6% 7.9% 22.1% 6,240 2,783 302 3,084 9.8% 8,111 3,577 528 4,104 12.9% Sources: u.s. Census Bureau, Decennial Census U.S. Census Bureau, 2006-2010 American Community Survey GA Dept of Labor, Workforce Information & Analysis, Local Area Unemployment Statistics Unit Georgia Department of Labor, 2013 Georgia Census Tract Unemployment Rates, April 2014 General Distress General distress in the area is evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapidated structures, deteriorated infrastructure, and substantial population decline. The nominated area is the location of the previous Hapeville Ford Motor Plant (Atlanta Assembly Plant). The plant closed in 2006 and has been an abandoned, brownsfield site. Fulton County Economic Development Porsche UEZ Designation- Criteria for Evaluation Since the closing, will be considered the site has lost roughly 68% of its taxable value, and until redevelopment, unproductive land. Value History 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 $ $ $ $ $ $ $ Assessed Value Land Building 5,784,960 $ 5,717,600 $ 5,688,520 $ 5,688,520 $ 6,154,440 $ 4,853,600 $ 1,358,920 1,866,760 $ 10,133,240 1,866,760 $ 17,794,520 1,866,760 $ 17,794,520 1,866,760 17,794,520 1,866,760 $ 16,893,520 1,866,760 $ 14,432,480 1,866,760 $ 12,351,080 1,866,760 $ 12,351,080 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total 5,784,960 5,717,600 5,688,520 5,688,520 6,154,440 6,212,520 12,000,000 19,661,280 19,661,280 19,661,280 18,760,280 16,299,240 14,217,840 14,217,840 % Change inValue 1% 0% -8% -1% -48% -39% 0% 0% 5% 15% 15% 0% $ $ $ $ $ $ it Est. FC Taxes 59,064 58,377 58,080 58,080 62,837 63,430 122,520 200,742 200,742 200,742 191,542 166,415 145,164 145,164 1,732,898 $ $ $ $ $ $ $ $ $ $ $ Source: Value History (Land, Building, and Total) - Fulton County Tax Assessors Value History 14 -0096LL-054-4 $ $ $ $ $ s The former Ford site includes an estimated 2.2 million SF of vacant manufacturing space. The appearance of the distressed property has a negative effect on attracting area development because of the perception of blight and abandonment. Additionally, with the rezoning of the site ' from heavy industrial to mixed-used office and commercial development, it would require significant investment to redevelop the site under the current restrictions. Removal of existing structures would be required, as the old manufacturing site cannot be retrofitted to accommodate a new zoning and/or business type. This investment heavy redevelopment opportunity tends to reduce the likelihood of receiving loans from traditional lenders (Anatomy of a Brownfield, United States Environmental Protection Agency). The nominated site meets the criteria of general distress. Underdevelopment Underdevelopment in the area is evidenced by data indicating development activities, or lack thereof, through land disturbance permits, business license fees, building permits, development fees, or other similar data indicating the level of development in the nominated area is lower than development activity within the local governing body's jurisdiction. The nominated area lies within Census Tract 72 and City of Atlanta's NPU-Z. NPU-Z is characterized by a substantial number of vacant lots: 35.2% of total land and 11.4% of total parcels. Fulton County Economic Development Porsche U EZ Designation- Criteria for Eval uation Land Use Description Parcels % of Total Parcels Residential Vacant Land Industrial Vacant Land Commercial Vacant Land Government Vacant Land (inc parks) Totals 517 51 75 110 68.7% 6.8% 10.0% 14.5% 753 100%. Source: NPU-Z Redevelopment Plan, 2007 The nominated site meets the criteria of underdevelopment. Pervasive Poverty Pervasive poverty rate is evidenced by showing the poverty is widespread throughout the nominated area. The nominated area covers two Census Tracts, 72 and 108. Both census tracts have experienced poverty rate over 30%. Census Tract 72 108 Total Population 4152 6442 Below Poverty Line 1464 2190 Poverty Rate 35% 34% Source: Source: U. S. Census Bureau, Census 2000 Summary File 3; Population for whom poverty status is determined U.S. Census Bureau, American Fact Finder, 2008-2012 American Community Survey The nominated site meets the criteria of pervasive poverty. 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U) ~ or or c;- '" Table of Contents Project Summary Letter : I UEZ Eligibility Analysis Letter 2 UEZ Ordinance 3 Location Maps 4 Existing Conditions 5 Legal Description of Property 6 Survey 7 Site Plan 8 Ten-Year Tax Revenue Illustrations 9 Ten-Year Tax Revenue Illustrations: Exhibit A 9 , Joseph S. Folz April 9, 2014 General Counsel and Secretary Porsche Cars North America, Inc. The Honorable Dr. John Eaves Chairman Fulton County Commission 141 Pryor St., S.w. Atlanta, GA 30303 HE: The Honorable Dwight Ferrell County Manager Fulton County 141 Pryor St., S.w. Atlanta, GA 30303 980 Hammond Drive Suite 1000 Atlanta, Georgia 30328 (770) 290·3609 Fax: (770) 290·3714 Porsche Urban Enterprise Zone Application Dear Dr. Eaves and Mr. Ferrell: On behalf of Porsche Cars North America, Inc. ("Porsche"), I respectfully request that Fulton County approve an Urban Enterprise Zone ("UEZ") designation 'for the property located at ~e.Hl s..dJie:Jd_ri.2_e (atso:krrow' 512:0 eot:S~e Averll:le) i~itr-of:Aflal'lta ,:tOIJf-ltiy...ot ~lJlt_@n) G@@r.gfa:'3<J3ft4': Please allow me to summarize our project, and inform you about Porsche's plan to contribute significantly to our new community. Our project will encompass approximately 57 acres. Of that, approximately 51 acres are in Fulton County, and of those, 26 acres are in the City of Atlanta. Only those 26 acres are the subject of this request, and the City of Atlanta has approved Porsche's UEZ application. We will build on those 26 acres the new North American headquarters for Porsche, as well as a l. 7 mile handling and evaluation track which will become the first Porsche Experience Center in America. ,eor..sche ana 8ev~raj affth ea4ColtlpaneS:W~U OC@YP¥ a.:~o-;~m:o..sQ. f. newly constructed office building on this parcel, where we will directly employ approximately 450 people and contract for the services of approximately 50 more people. The average base wage of these positions is $60,000. The total development cost exceeds $100 mil ion. The Georgia Department of Economic Development, using a widely accepted Georgia Tech economic model, estimates that the net present value to the community of Porsche's development will exceed $700 million in the first ten years, with the net present value of added state, county, and city tax collections during that period exceeding $40 million. The City of Atlanta Finance Department estimated that the actual cost to the City of the temporary property tax abatement resulting from the UEZ designation would be $6 million, and that this would be offset by incremental collections of other taxes totaling $17 million, 'for a net incremental tax benefit to the City of $11 million, We believe that Fulton County's calculations would yield a similar result. Further, Porsche's move to the Aerotropolis carries many other benefits to our new local community. Porsche's construction project itself generates about 600 direct jobs. The construction workforce is 40 percent non-white. The General Contractor so far has engaged 43 subcontractors. Of these, 35 percent are locally owned, and seven percent are minority owned. Porsche has endeavored to ensure that its construction contractors hire from within the community surrounding the Aerotropolis. Porsche has worked with the Atlanta Workforce Development Agency and stands ready to work as well with the Fulton County Office of Workforce Development - on a series of several construction job fairs which have been widely promoted within the community. Porsche also participates regularly in the job fairs organized by Congressman David Scott. The high proportion of local and non-white workers on the Porsche project attests to the success of these efforts. When Porsche begins hiring in earnest for the many positions which will not be filled by relocating employees, Porsche commits to continue working with those two workforce development agencies to recruit and train qualified applicants from the community surrounding its location. Porsche will hire many personnel for positions Porsche never has had before. These include positions in food service; facilities management; landscaping; maintenance; and housekeeping. Porsche expects that these positions can and will be sourced from the local community, and Porsche in fact desires that this be done. While Porsche will in all likelihood contract for these positions, Porsche commits to ensuring that its contractor or contractors observe agreed local and diversity hiring requirements. Porsche also is becoming deeply involved in its new community. Examples of local neighborhood organizations which Porsche already supports are the Hapeville Elementary School, wh-ere Porsche provides books and iPads to underprivileged children in the local neighborhood, and Caring40thers, which provides food and clothing to local residents for whatever they are able to pay, if anything. Porsche also provides significant support to [insert relevant recipients of Porsche Care Network and corporate donations]. Porsche is increasing its budgets for charitable and community activity so that it can continue growing these activities. We wish to thank the Fulton County Commission and the Fulton County administration for considering Porsche's application and for the excellent support you have provided for our project thus far. The UEZ designation is essential to Porsche's ability to complete its project on a timely basis and begin creating good jobs for the community at its site. Sincerely yours, ~~40s .' / CITY KASIM REED MAYOR OF ATLANTA JAMES SHELBY DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT commleetcnsr 55 TRINITY AVENUE. S.W. SUITE 3350- ATLANTA, GEORGIA 30303·030S 404-330-6145 - FAX: 404-658·7491 www.atlantaga.goY CHARLETTAWILSON JACKS Director, Office of Planning March 4, 2013 Joseph Folz, Porsche's General Counsel and Secretary Porsche Cars North America 980 Hammond Drive, Suite 1000 Atlanta, GA 30328 Dear Mr. Folz: Presented below is the Urban Enterprise Zone (UEZ) Eligibility Analysis for your property. This analysis is based on demographic data for 2012. Please contact me at (404) 865-8551 if you have questions. ~Kii2PI_~ Cc: Charletta Wilson Jacks, Director, Office of Planning Elisabeth Kulinski, Cushman & Wakefield Betty McIntosh, Cushman & Wakefield PROPERTY IDENTIFICATION DATA Address: 320 South Central Avenue peN: 14-0065-LL-081-4 Census Tract/Block District/Land Lot: NPU: Council District: Grou : 007200/2021 14/65 Name: One Porsche Drive .) "Z" Pro osed UEZ T 12 Urban Enterprise Zone Eligibility Analysis March 4, 2013 Page 2 of2 U.E.Z. ELIGIBILITY ANALYSIS 1. Evidence of Pervasive Poverty: 2: 20% for the Census Block Group** 2. Unemployment (per the 2010 Census): a. At least 10% higher than the . Statewide Average; OR b. Significant Job Loss of at least 20% Census Tract: 72 Census Block Group: 2021 a. Percentage for the Census Tract: 16.4% b. Data from the Atlanta Regional Commission Poverty Rate is 24.4% Meets this criterion. a. Unemployment Rate was at least 10% higher than the 2012 annual Statewide average of 8.6% b. Meets this criterion. 3. General Distress: a. High Crime (Police Beat crime rate of2: 14% higher than Citywide average of crimes per square mile of 507) b. Existing abandoned andlor dilapidated structures within one block of the project area, or deteriorated infrastructure. a. 14% Crime Threshold: 578 Police Beat Crime: 584 OR b. Documentation (such as photographs) from the applicant a. Police beat meets the high crime requirement. b. Applicant provided photos of abandonedl vacant land on the property. Meets this criterion. 4. Underdevelopmentt S 20% than the Citywide NPU average for development activity (2010 - 2012) NPU: "Z." Percentage deviation of the NPU from Citywide NPU average: -2.1 % for non-residential development. The NPU has at least 20% less than the Citywide NPU average for non-residential development activity. Meets this criterion. RESULT OF THE ANALYSIS: THE PROPERTY IS ELIGIBLE FOR U.E.Z. DESIGNATION. "'To be eligible for enterprise zone designation, a property shall be located within an area that meets three of the four listed criteria: poverty, unemployment, general distress, and underdevelopment. **Source: U.S. Census Bureau, 2007-2011 American Community Survey ) _./ CiTY C ,- : .i\TLbINTA ,_,.~ , -.'t, -'1,\ ( A SUBSTITUTE ORDINANCE BY COl\1NrVNITY DEVELOPJ.\tffiNTIKOl'¥1.4.N RESOURCES COwfMITTEE CARS NORTH AMERICA INDUSTRIAL URBiLN ENTERPRISE ZONE99~ LOCATED AT ONE PORSCHE DRIVE (FOR:.\I[ERLY 320 SOUTH CENTRAL AVENVE)~ AN ORDKNANCE TO TO EXEMPf CREATE THE THE TAXABL.E VALUE '~PORSCHE OF REAL AND PERSONAL PROPERTY WITHIN SAID ZONE FROM ALL OR. PARTIAL AD VALOREM TAXATION FOR TEN YEARS, EFFECrrVE JA..NUARY 1. 2015; TO CONDiTIONALLY EXElVWI' THE CONSTRUCTION OF PORSClt:=E CARS NORTH J\...rvlEIUCA HEADQUARTERS FROM PAYMENT OF DEVELOPMENT IlVfiPACT FEES; TO PROVIDE ~OTIFICATION TO AFFECTED GOVERNMENTAL ENTITiES; AND FOR OTHER PURPOSES. WHEREAS. pursuant to the Atlanta Urban Enterprise Zone Act ("Local Act"), the City Council by ordinance may designate property or properties meeting certain criteria set forth in the Local Act as Urban Enterprise Zones (UEZ); and WHEREAS. pursuant to the Enterprise Zone Employment Act of 1997 (,'General Act"). the City Council by ordinance may designated property or properties meeting certain criteria set forth in the General Act as UEZ's; and WHEREAS. the designation of an industrial urban enterprise zone exempts. in whole or in part for a period of ten (10) years, the taxable value of property within the zone only from ad valorem taxes for City purposes. but the Board of Commissioners of Fulton County, by appropriate resolution, may exempt from ad valorem taxation for County purposes the taxable value of {he same property that is exempted by the City; and VVHEREAS. it h the expressed intent of the Atlanta City Council to use UEZ as an incentive to generate private investment in area'; of the City which otherwise might not attract such investments for commercial construction and job creation purposes; ami WHEREAS9 in order to designate an area as an UEZ, conditions must be met by owners of private property to qualify for an exemption, period, and rate of exemptions. and elections may be made by the Atlanta City Council among various types of exemptions which are specified by State law: and WHEREAS, Porsche Curs North America, Inc. has applied for the designation of its underconstruction North America corporate headquarters (set for completion by late 2014). known a>; One Porxche Drive, for industrial urban enterprise zone status; and WHEREAS, ultimately, One Porsche Drive, a one hundred million dollar investment. will house 400 employees. including tOO jobs that will be new to Georgia. In addition to corporate offices. it will also be comprised of a Technical Service and Training Center. a Conference Center and a Museum. As an industry first; One Porsche Drive campus will feature OR Customer Experience ._) " Center including a !.6-mile test trade' and handling road course to showcase the capabilities of Porsche's industry-leading vehicles WHEREA.S, the application has been referred to NPU Z for the opportunity to cornmenr on whether or not the proposed zone should be-created: and VVHEREAS. the creation of the UEZ is consistent with the 20il City of Atlanta Comprehensive Development Plan: and WHEREAS, the Commissioner of the Department of Planning and Community Development has certified. <.IS shown on Exhibit "8" to this ordinance. that the conditions and qualifications of the General Act the Local Act. as amended, as well as local eligibility requirements of City Code have been met relative to the creation of the proposed "Porsche Cars North America Industrial Urban Enterprise Zone"; and WlffiREA.s. notice and public hearing requirements of the Local Act regarding the creation of this UEZ have been met: and WHEREAS, the General Act also authorizes the local governing body creating an enterprise zone to exempt the payment of development impact fees that would otherwise be imposed on 11 qualifying business, defined as an employer that increases employment by five or more new fulltime jobs; and WHEREAS, the relocation of the Porsche North America headquarters within the aforementioned enterprise zone will increase employment well in excess of such threshold, such that it is in the best interest of the City to exempt the construction of Porsche North America headquarters facility from the payment of development impact fees. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGiA, HEREBY ORDAINS: SECTION l~ Upon review of the Porsche Cars North America, Inc, application for designation of its property as an urban enterprise zone, it is found that the area ill and around the property to be designated as the "Porsche Cars North America Industrial Urban Enterprise Zone" is economically and socially depressed; contributes 10 or causes unemployment. creates an inordinate demand for public services and, in general, has a deleterious effect on the public health. safety, welfare. and morals; that the area is characterized by having no investment or under-investment by private enterprise in ventures which produce jobs, trade, provision of services, and economic activities which individually and together contribute to a healthy society; that this lack of private investment and activity contributes to social and economic depression in the area. SECTION 2: The area in and around the property designated as the "Porsche Cars North America Industrial Urban Enterprise Zone" meets both the General Act's criterion and the Local Act's "site-specific eligibility" criterion of pervasive poverty, unemployment, general distress, and underdevelopment based on the prescribed data sources set forth therein. - __} _ " SECTIOf'{_3: The "Porsche Cars North America Industrial Urban Enterprise Zone" is hereby created, to consist of Parcel number !4-0065-LL-081-4 located in the 14th District. Land Lot 65, said property being more fully described at Exhibit "A-I", attached hereto, and made a part hereof. SECTIDN _A: That in accordance with law, the term of the "Porschc Cars North America industrial Urban Enterprise Zone" shall be for ten years (10) beginning on January L 2015 and ending on December 31, 1024. The "Porsche Cars NOILh America Industrial Urban Enterprise Zone" shall otherwise not he abolished except :.:IS provided in State law and shall comply with all applicable state and local UEZ reguhtion<;. SECTION 5; That the rea! property at One Porsche Drive, formerly 320 South Central Avenue, parcel number 14-0065-LL-081-4, said property being more fully described at Exhibit "A-l", attached hereto, and made a part hereof, is hereby exempted, commencing on January 1. 2015, from ad valorem taxation for city purposes, as defined in the Local Act. according to the lUX following schedule: i r Exemption Percentage 100% 80% 60% 40% 20% SECTION 6: That qualifying business, America Industrial 2015, from state ad Years of exemption YeDIs 1-5 Years 6-7 Year 8 Year 9 Year 10 Dates (111/2015 - 12/31/2019) (1/1/2020 - 1213 I12021) (1/1/2022 - 12/3 U1022) (il1/2023 - 12/31/2023) (11112024 - ! 1131 12024) persona! property, as defined by Article .5 of Chapter 48 of O.CG.A., of a as defined by a,C.G.A. § 36-88-4 operating within the "Porschc Cars North Urban Enterprise Zone", is hereby exempted, commencing on J anuary l , valorem taxes according to the following schedule: Excm[2tion Percentaae 100% 80% 60% 40% 20% Years of exernntion Years I-J Years 6-7 Year 8 Year 9 Year 10 Dates (!lI/20IS - l2/31120 19) (]/l/2020-12/3112021} (1/1/2022 - 12131/2022) ( I I lI2023 - J 2/3 1/2023) (1/1/2024 -12/3112024) SECTION 7: As authorized by O.CO.A. § 36-88-9(a), construction of One Porsche Drive within the enterprise zone created herein shall be exempt from payment of development impact fees on condition that the exempt development projects' proportionate share of the system improvement is funded through a revenue source other than development impact fees, as required by O.C.G.A. § 36-71-4(l}(3). Said exemption shall only be granted at such time as said funds are identified and funded . .) I ! • SECTION 8: The Municipal Clerk is hereby directed to transmit a certified l..:0PY of this Ordinance to the Fulton County Tax Commissioner, the Fulton County Board of Assessors, the Georgia Department of Community Affairs and the Superintendent of the Atlanta Board of Education within 30 days of this Ordinance becoming law. SECTION 9: The Office of Planning and the Office of the Municipal Clerk are hereby directed to maintain on me a copy of this Ordinance, including all related maps, legal descriptions. application information, etc. SECTION 10: All Ordinances and parts of Ordinances that are in conflict herewith are hereby repealed to the extent of the conflict, A true ,oPV. . _, ADOPTED bV the Atlanta City Council .f;; ;. ;ft.,~tL.. L!o.~tLu" rCL .AJ.. MunkiFlal Cleric APPROVED as per City Charter Section 2-403 September 16, 2013 September 25, 2013 4O?'_ . -) RCS# 3015 9/16/13 2:19 PM Atlanta City Council ****~***7r* CONSENT AGENDA SECTION I PAGES (1-20) EXCEPT 13-0-1260 ADOPT YEAS: NAYS: AESTENTIONS: NOT VOTING: EXCUSED: ABSENT Y Smith B Hall Y Young Y Winslow Y Archibong Y Wan Y Shook Y Adrean Y Moore Martin Bottoms Y Sheperd B B 11 0 0 1 0 4 Y Bond NV Watson y Willis B Mitchell ********** ) I ITEMS ADOPTED ON CONSENT 1. 1300-1227 2. 13~O-1228 3. 13-0~1229 4. 13-0-1230 5. 13-0-1232 09Q16-13 ITEMS ADVERSED ON CONSENT ITEMS ADVERSED ONCON§ENT 40. 13-R-3544 I I 41. 13-R-3545 I 42. 13-R-3546 43. 13-R-3427 44. 13-R-3428 45.13-R-3429 6. 13-0-1235 7. 13-0-1258 8. 13-0-1263 9. 13-0-1265 10. 13-0-1266 1 L 13-0-1267 50. 13-R-3539 12. 13-0-1234 51. IJ-R-3549 47. 13··R·3547 48. 13-R-3537 49. 13-R-3538 13. D-O-1248 52. lJ-R-3550 53. 13-R-355I 15.13-0-1216 16.13-0-1236 17. 13-0-1238 54. 13-R-3552 55. 13-R-3560 56. iJ-R-3561 57. 13-R-3562 58. 13-R-3563 59. l3-R-3564 60. 13-R-3565 61. 13-R-·3566 62. i3-R-3567 63. !3-R-3568 64. 13-R-3569 65. 13-R-3570 18.13-0-1240 19. 13-0-1241 20. 13-0-1244 21. 13-0-1247 22. 13-0-[242 23. 13-0-1260 24. 13-0-1249 25. 13-0-1250 26. 13-0-1251 70. 13-R-3576 71. 72. 73. 74. 75. 46. 13-R-3533 14. 13-0-1082 66. 13-R-3571 67. 13-R-3572 68. 13-R-3573 69. 13-R-3574 13-R-3577 13-R-3578 D-R-3579 D-R-3S80 l3-R-3581 1 I I I 27. 13-0-1252 28. 13-0-1253 I 29. 13-0-1254 30. 13-0- 1.255 31. 13-0- I 256 32. ! 3-R-3555 33. i 3-R-3556 34. 13-R-3557 35. 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I EXHIBIT A-I Legal Description of Tract I All that tract or parcel of land lying and being in Land Lot 96 of the 14th District, City of Hapeville, Fulton County, Land Lot 65 of the 14th District, City of Atlanta, Fulton County, and Land Lots 11 and 12 of the 13th District, Clayton County, Georgia, and being more particularly described as follows: I Commence at the intersection of the line common "to Land Lots 11 and 12, 13th District, Clayton County, Georgia, and the South boundary line of Land Lot 65, 14th District, Fulton County, Georgia, said Point of Commencement being located North 88 degrees 49 minutes 32 seconds West a distance of 307.92 feet as measured from a concrete monument found at the intersection of said county line and the northwesterly right-of-way of Interstate Highway I-75 (having a varied right-of-way); run thence along the said South boundary line of Land Lot 65 South 88 degrees 49 minutes 32 seconds East a distance of 69.64 feet to an iron pin set, said iron pin set also being THE TRUE POINT OF BEGINNING; From THE TRUE POINT OF BEGINNING as thus established run South 00 degrees 59 minutes 39 seconds West for a distance of 135.01 feet to a point; thence run South 06 degrees 47 minutes 07 seconds West for a distance of 1 I 0.57 feet to a Y2" rebar found; thence run South 89 degrees 01 minutes 28 seconds East for a distance of 205 .14 feet to a Y2" rebar found, said W' rebar found being located on the westerly right of way of Leslie Drive; thence run along the said westerly right of way of Leslie Drive South 16 degrees 06 minutes 40 seconds West for a distance of 56. I 4 feet to a point; thence continue to run along the said westerly right of way of Leslie Drive South 16 degrees 34 minutes 15 seconds West for a distance of 45. 19 feet to a point; thence continue to run along the said westerly right of way of Leslie Drive South 19 degrees 14 minutes 13 seconds West for a distance of228.78 feet to an iron pin set; thence leave the said westerly right of way of Leslie Drive and run North 89 degrees 37 minutes 50 seconds West for a distance of 163.51 feet to an iron pin set; thence run North 89 degrees 37 minutes 49 seconds West for a distance of 3 88.80 feet to an iron pin set; thence run North 00 degrees 15 minutes 32 seconds East for a distance of365.19 feet to an iron pin set; thence run North 89 degrees 09 minutes 30 seconds West for a distance of 16.73 feet to an iron pin set; thence run North 00 degrees 01 minutes 12 seconds East for a distance of 44.94 feet to an iron pin set; thence run South 88 degrees 59 minutes 21 seconds East for a distance of 85.90 feet to an iron pin set; thence run North 00 degrees 51 minutes 50 seconds East for a distance of 157.2 I feet to an iron pin set; thence run North 00 degrees 51 minutes 50 seconds East for a distance of 103.03 feet to an iron pin set; thence run South 89 degrees 35 minutes 09 seconds East for a distance of 163.93 feet to an iron pin set; thence run North 00 degrees 24 minutes 44 seconds East for a distance of 1637.12 feet to a nail set on the southerly right of way of Henry Ford II Avenue (public road having a variable width right-of-way); thence run along said right-of-way South 63 degrees 35 minutes 46 seconds East for a distance of 19.79 feet to a nail set; thence continue to run along the said southerly right of way of Henry Ford II Avenue South 01 degrees 25 minutes 46 seconds East for a distance of87.03 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford II Avenue North 49 degrees II minutes 35 seconds East for a distance of 83.48 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford II A venue South 74 degrees 56 minutes 05 seconds East for a distance of 215.00 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford II Avenue South 73 degrees 38 minutes 40 seconds East for a distance of2I4.51 feet to a concrete monument found, said concrete monument found being located at the northwesterly comer of the mitered right-of-way of the intersection of the said southerly right of way of Henry Ford II Avenue and the westerly right-of-way of Interstate Highway 1-75; thence run along the said mitered right-of-way South 25 degrees 08 minutes 14 seconds East for a distance of 67.20 feet to a concrete monument found, said concrete monument found being located at the southeasterly comer of said mitered right of way; thence leave said mitered right-of-way and run along the said westerly right-of-way ofInterstate Highway 1-75 I! I i I I I J I I I i i I I I I ( I ! I I '. . I I the following courses and distances: South 14 degrees 38 minutes 38 seconds West for a distance of 462.64 feet to a point; thence run along a curve to the left having a radius of236.51 feet and an arc length of 162.21 feet, said arc being subtended by a chord with a bearing of South 05 degrees 00 minutes 13 seconds East and a length of 159.05 feet, to a point; thence run South 24 degrees 47 minutes 31 seconds East for a distance of 86.70 feet to a point; thence run South 23 degrees 26 minutes 55 seconds East for a distance of 203.39 feet to a concrete monument found; thence run along a curve to the right having a radius of 676.20 feet and an arc length of 266.23 feet, said arc being subtended by a chord with a bearing of South 05 degrees 47 minutes 0 I seconds East and a length of 264.51 feet, to a concrete monument found; thence run South 10 degrees 52 minutes 49 seconds West for a distance of 194.36 feet to a concrete monument found; thence run South 14 degrees 38 minutes 06 seconds West for adistance of 169.36 feet to a concrete monument found; thence run North 75 degrees 22 minutes 01 seconds West for a distance of20.00 feet to a concrete monument found; thence run South 14 degrees 37 minutes 59 seconds West for a distance of 50.93 feet to a concrete monument found; thence leave the said westerly right-of-way of Interstate Highway 1-75 and run North 88 degrees 49 minutes 32 seconds West for a distance of238.28 feet to an iron pin set, said iron pin set also being THE TRUE POINT OF BEGINNING. Said property contains 1,141,885 square feet (26.214 acres). TOGETHER WITH the non-exclusive easements appurtenant to the above-described tract of land granted by and more particularly described in that certain Easement Agreement by and between Airport Station, L.L.C., and The City of Atlanta, dated September 30, 2011, filed for record October 5, 2011, recorded in Deed Book 50440, Page 499, Records of Fulton County, Georgia and filed for record October 4,2011, recorded in Deed Book 10015, Page 66, Records of Clayton County, Georgia, as amended and restated by that certain Amended and Restated Easement Agreement between Airport Station, L.L.C., and The City of Atlanta, dated May 11,2012. I" I i I I I· i i i I The above tract of land is shown on and described according to "ALT AlACSM Land Title Survey for Porsche Cars North America, Inc., Airport Station, L.L.C., and Chicago Title Insurance Company," prepared by Lowe Engineers, LLC, bearing the seal and certification of Scott C. North, Georgia Registered Land Surveyor No. 3176, dated April 16, 2012, which survey is by this reference incorporated herein and made a part hereof. Said Tract I property (described in its entirety hereinabove) lies within three separate municipalities, whose individual portions are described as follows: Tract I ~ Portion within Land Lot 96, 14th District, City of Hapeville, Fulton County, Georgia All that tract or parcel of land lying and being in Land Lot 96 of the J 4th District, City of Hapeville, Fulton County, Georgia and being more particularly described as follows: Commence at the intersection of the line common to Land Lots 1] and 12, 13th District, Clayton County, Georgia, and the South boundary line of Land Lot 65, 14th District, Fulton County, Georgia, said Point of Commencement being located North 88 degrees 49 minutes 32 seconds West a distance of 307.92 feet as measured from a concrete monument found at the intersection of said county line and the northwesterly right-of-way of Interstate Highway 1-75 (having a varied right-of-way); thence run along the said South boundary line of Land Lot 65 North 88 degrees 49 minutes 32 seconds West a distance of 158.94 feet to an iron pit set, said iron pin set also being THE TRUE POINT OF BEGINNING; From THE TRUE POINT OF BEGINNING as thus established run North 88 degrees 49 minutes 32 seconds West for a distance of 164.76 feet to an iron pin set; thence run North 00 degrees 51 minutes 50 i I ! I I,. seconds East for a distance of 103.03 feet to an iron pin set; thence run South 89 degrees 35 minutes 09 seconds East for a distance of 163.93 feet to an iron pin set; thence run South 00 degrees 24 minutes 44 seconds West for a distance of 105.21 feet to an iron pin set, said iron pin set also being THE TRUE POINT OF BEGINNING. Said property contains 17,111 square feet (0.393 acres) Tract I - Portion within Land Lot 65, 14th District, City of Atlanta, Fulton County, Georgia All that tract or parcel ofland lying and being in Land Lot 65 of the 14th District, City of Atlanta, Fulton County, Georgia and being more particularly described as follows: Commence at the intersection of the line common to Land Lots 11 and 12, 13th District, Clayton County, Georgia, and the South boundary line of Land Lot 65, 14th District, Fulton County, Georgia, said Point of Commencement being located North 88 degrees 49 minutes 32 seconds West a distance of307.92 feet as measured from a concrete monument found at the intersection of said county line and the northwesterly right-of-way of Interstate Highway 1-75 (having a varied right-of-way); thence run along the said South boundary I ine of Land Lot 65 South 88 degrees 49 minutes 32 seconds East a distance of 69.64 feet to an iron pin set, said iron pin set also being THE TRUE POINT OF BEGINNING; From THE TRUE POINT OF BEGINNING as thus established run North 88 degrees 49 minutes 32 seconds West for a distance of228.58 feet to an iron pin set; thence run North 00 degrees 24 minutes 44 seconds East for a distance of 105.21 feet to an iron pin set; thence run North 00 degrees 24 minutes 44 seconds East for a distance of 1637.12 feet to a nail set on the southerly right of way of Henry Ford II Avenue (having a variable width right-of-way); thence run along said right-of-way South 63 degrees 35 minutes 46 seconds East for a distance of 19.79 feet to a nail set; thence continue to run along the said southerly right of way of Henry Ford II Avenue South 01 degrees 25 minutes 46 seconds East for a distance of 87.03 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford II Avenue North 49 degrees II minutes 35 seconds East for a distance of83.48 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford II A venue South 74 degrees 56 minutes 05 seconds East for a distance of 215.00 feet to a concrete monument found; thence continue to run along the said southerly right of way of Henry Ford II Avenue South 73 degrees 38 minutes 40 seconds East for a distance of 214.5 I feet to a concrete monument found, said concrete monument found being located at the northwesterly comer of the mitered right-of-way of the intersection of the said southerly right of way of Henry Ford II Avenue and the westerly right-of-way oflnterstate Highway 1-75; thence run along the said mitered right-of-way South 25 degrees 08 minutes 14 seconds East for a distance of 67.20 feet to a concrete monument found, said concrete monument found being located at the southeasterly corner of said mitered right of way; thence leave said mitered right-of-way and run along the said westerly right-of-way of Interstate Highway 1-75 the following courses and distances: South 14 degrees 38 minutes 38 seconds West for a distance of 462.64 feet to a point; thence run along a curve to the left having a radius of 236.51 feet and an arc length of 162.21 feet, said arc being subtended by a chord with a bearing of South 05 degrees 00 minutes 13 seconds East and a length of 159.05 feet, to a point; thence run South 24 degrees 47 minutes 3 I seconds East for a distance of 86.70 feet to a point; thence run South 23 degrees 26 minutes 55 seconds East for a distance of203 .39 feet to a concrete monument found; thence run along a curve to the right having a radius of 676.20 feet and an arc length of 266.23 feet, said arc being subtended by a chord with a bearing of South 05 degrees 47 minutes 0 I seconds East and a length of 264.5 I feet, to a concrete monument found; thence run South 10 degrees 52 minutes 49 seconds West for a distance of 194.36 feet to a concrete monument found; thence run South 14 degrees 38 minutes 06 seconds West for a distance of 169.36 feet to a concrete monument found; thence run North 75 degrees 22 minutes 0 I seconds West for a distance of20.00 feet to a concrete monument found; thence run South 14 degrees 37 minutes 59 seconds West for a distance of l ! i i!" ~ ! I I I 50.93 feet to a concrete monument found; thence leave the said westerly right-of-way of Interstate Highway 1-75 and run North 88 degrees 49 minutes 32 seconds West for a distance of238.28 feet to an iron pin set, said iron pin set also being THE TRUE POINT OF BEGINNING. Said property contains 829,625 square feet (19.045 acres) Tract I - Portion within Land Lots 11 and 12, 13th District, Clayton County, Georgia All that tract or parcel of land lying and being in Land Lots 11 and 12 of the 13th District, Clayton County, Georgia and being more particularly described as follows: Commence at the intersection of the line common to Land Lots 11 and 12, 13th District, Clayton County, Georgia, and the South boundary line of Land Lot 65, 14th District, Fulton County, Georgia, said Point of Commencement being located North 88 degrees 49 minutes 32 seconds West a distance of307.92 feet as measured from a concrete monument found at the intersection of said county line and the northwesterly right-of-way of Interstate Highway 1-75 (having a varied right-of-way); thence run along the said South boundary line of Land Lot 65 South 88 degrees 49 minutes 32 seconds East a distance of 69.64 feet to an iron pin set, said iron pin set also being THE TRUE POINT OF BEGINNING; From THE TRUE POINT OF BEGINNING as thus established run South 00 degrees 59 minutes 39 seconds West for a distance of 135.0 I feet to a point; thence run South 06 degrees 47 minutes 07 seconds West for a distance of I 10.57 feet to a W' rebar found; thence run South 89 degrees 01 minutes 28 seconds East for a distance of205.14 feet to a W' rebar found, said ~" rebar found being located on the westerly right of way of Leslie Drive; thence run along the said westerly right of way of Leslie Drive South 16 degrees 06 minutes 40 seconds West for a distance of 56.14 feet to a point; thence continue to run along the said westerly right of way of Leslie Drive South 16 degrees 34 minutes 15 seconds West for a distance of 45 .19 feet to a point; thence continue to run along the said westerly right of way of Leslie Drive South 19 degrees 14 minutes 13 seconds West for a distance of228. 78 feet to an iron pin set; thence leave the said westerly right of way of Leslie Drive and run North 89 degrees 37 minutes 50 seconds West for a distance of 163.51 feet to an iron pin set; thence run North 89 degrees 37 minutes 49 seconds West for a distance of388.80 feet to an iron pin set; thence run North 00 degrees 15 minutes 32 seconds East for a distance of 3 65. I 9 feet to an iron pin set; thence run North 89 degrees 09 minutes 30 seconds West for a distance of 16.73 feet to an iron pin set; thence run North 00 degrees 01 minutes 12 seconds East for a distance of 44.94 feet to an iron pin set; thence run South 88 degrees 59 minutes 21 seconds East for a distance of 85.90 feet to an iron pin set; thence run North 00 degrees 51 minutes 50 seconds East for a distance of 157.21 feet to an iron pin set; thence run South 88 degrees 49 minutes 32 seconds East for a distance of 393.34 feet to an iron pin set, said iron pin set also being THE TRUE POINT OF BEGINNING. Said property contains 295,149 square feet (6.776 acres). I ! f=~o;T PROPERTYSJJ.lUARY ~:::;. I1UCT[Nll£AI..LQI!.'~OtfT.t~fU.TCJfCG.lQ.lalJ,l!.I".III$G.FT. 1RACT (JIl:ALJ.. ~ 1+1'1 asT.. A1VJf1'A. f\l.1Qi co.:. 1&Dt6 N:. a:a.lIZ:llXlJ"T. 1MCTEN'CALL.II a'z. 13Ch~. Q.A~c:o.: G.77IN:. N:!,.1411 ~ OPllctol TRACT AREA: TRACT ( AREA: 30.002 "c. 1,306.88+ son. 28.21<4- AC. 1.141,885 SQ.FT. 56.216 AC. TOTAL AREA: 2.448.769SOFT. ~"E:-::-~ :;"'l;':'rm QtOHCftlII Il.ADIU~CPltJC JI.2i.c-..;.~ J. OPllON lRACT ~~OI:xnl ~:urtI'Qll2Cl'D1"~ __ ._ ;;~::~.i..~?:":" ........ --_ ... .... a~.~s. ___ ...... c _ =-~~~---- ~-~~~~=-:~~ ~1~~;.2~~: ::--i~_g~~ =-"::'=-=!:':"'~~=="1' t ~~~~r~=~.;::: ----- ~----------! i -_ _--_ .....---_ ... _ ------. _ -._-~~m:.~~":'~i"~?~ .. ,_ .... . . ... ...,. ........ _ ..... . . .. 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'" §§ ~§ § s '" .!! 0 >< w "0 I!:'I!:' ~2 ~~,:c~>:: I~I!:' :;? ~ .0: '" ~" .0: e'"'" "-0000 ~tOOO If) If) "'00 UfN- ';~-gg iii' "I 0 ')I 1.l"iij~ ~~~ :2~U1 .c 3: 0 (.J u:: 0 "0 ~z '" ~~LG~ =' .. "N ",,,..t '"'" c:.. I->~ ":> 'f E a;l!!-c~ " E~" $-ffi~~ " ro>"C'C '" « ~ '" '". c: ~~*~ ~~~~ .,; c > tt: x t- z E CI " g ill'" " ( April 30, 2014 Joseph S. Folz General Counsel and Secretary BY EMAIL AND OVERNIGHT DELIVERY The Honorable Dr. john Eaves Chairman Fulton County Commission 141 Pryor St., SW. Atlanta, GA 30303 RE: The Honorable Dwight Ferrell County Manager Fulton County 141 Pryor St., S.W. Atlanta, GA 30303 Porsche Cars North America, Inc. 980 Hammond Drive Suite 1000 Atlanta. Georgia 30328 (770) 290·3609 Fax: (770) 290·3714 Porsche Urban Enterprise Zone Application Dear Dr. Eaves and Mr. Ferrell: Please accept this letter as a supplemental submission of Porsche Cars North America, Inc. ("Porsche"), in further substantiation of our request that Fulton County approve a temporary Urban Enterprise Zone ("UEZ") tax abatement for the property located at One Porsche Drive (also known as 320 Porsche Avenue) in the City of Atlanta, County of Fulton, Georgia 30354. (Our property already has been designed an Urban Enterprise Zone because it meets all criteria established in Georgia law.) I wish to give you considerably more detail about Porsche's plan to contribute significantly to our new community. As we had noted earlier, the Georgia Department of Economic Development, using a widely accepted Georgia Tech economic model, estimated that the net present value to the community of Porsche's development will exceed $700 million in the first ten years, with the net present value of added state, county, and city tax collections during that period exceeding $40 million. Looking only at the figures which pertain to Fulton County, the total value of the tax abatement would be $2.7 million gross. The net present value of the tax abatement (full for five years and only partial for the next five, ending in year ten) would be $2.0 million. During that same ten-year period, incremental tax revenues to Fulton County alone as a result of our project are projected to be $5.6 million. These County revenues have a net present value of $4.1 million. Our project thus generates net tax revenue to Fulton County (during just the first ten years while the tax abatement is in existence) of $2.9 million (having a discounted net present value of $2.0 million). This is a 100 percent return on the County's investment in support of our project, and of course the project generates much more significant incremental revenue throughout its 50+ year lifetime. All of the calculations described above are shown in detail on the attachment to this letter. Further, Porsche's move to the Aerotropolis carries many other benefits to our new local community. Porsche is strongly committed to diversity both in procurement and in employment. Please allow me to provide considerable additional data which demonstrate that this claim is true and not merely words. Procurement Porsche's total procurement spending for 2013 was $184.9 million, of which 4.7 percent was with certified diversity (minority- or woman-owned) suppliers. For our Atlanta construction project in particular, total procurement spending or commitments to date total $56.6 million, of which 5.4 percent is with certified diversity suppliers. This is shown in more detail in the following chart: Cosntruction Spend 2nd Tier Diversity Spend S 56,569,684.64 Percentage of total S 3,069,630.00 5.4JOIo Total Spend (All categories} 1st Tier Certified Diversity" 2nd Tier Certified Diersity '" Total $184,893,857.01 Percentage of total 5,618,621.00 3.04% S 3,069,630.00 1.66% $ 8,688,251.00 4.70% s , • Combined Women and Minority Sp~n? .. Represents Construction spend (5.43%) . ~. ._._._-- Porsche already has taken the following specific steps to increase its supplier diversity: • Established a firm goal of 10 percent diversity spending to be attained by December 31, 2014, and increased periodically thereafter • Joined Women's Business Enterprise National Council (WBENC) and Georgia Minority Supplier Development Council GMSDC and participate regularly in "matchmaking" sessions with potential diversity suppliers • Trained all buyers concerning supplier diversity • Hired CVM to monitor and report total diversity spending • Query GMSDC and WBENC databases before every tender and send RFQ documents to all apparently qualified diversity suppliers • Require construction general contractor and subcontractors to seek workers through Atlanta Workforce Development Agency and Fulton County Office of Workforce Development Porsche commits to take the following further actions: • • • Formally notify all suppliers regarding Porsche's dedication to supplier diversity In every future tender, notify all bidders that as a condition of doing business with Porsche they must commit to subcontractor and employment diversity Contractually obligate all contractors performing services for Porsche to exercise their best efforts to recruit, hire, train, and retain minority employees Employment Porsche's workforce is diverse. Porsche's current employees in Georgia are 29.97 non-white and 35.47 female. Porsche commits to increase its diversity further. Porsche is taking the following specific steps to ensure that the diversity of its workforce increases and to ensure that persons in the communities surrounding Porsche's new headquarters have the opportunity to be considered for ali positions: • • • • • • • Participate in Congressman David Scott's annual job fair Participate in Atlanta Workforce Development Agency job fairs Provide all job postmgsto Atlanta Workforce Development Agency and Fulton County Office of Workforce Development Conduct career preparation seminars for attendees of the Ryan Cameron Leadership Academy and the Usher New Look Program Annual recruiting visits to Spelman College, Morehouse College, Clark Atlanta University, and Agnes Scott College; post available internships and permanent positions with placement and alumni relations offices at those institutions Engaged diversity recruiting firms (Mom Corps and MPRC) Established relationships with National Black MBA Association and National Society of Hispanic MBAs Philanthropy Porsche spends a six-figure sum annually on philanthropic activities in metropolitan Atlanta and Fulton County alone. Donations made or pledged during 2013 and 2014 to date are: • • • • • • • • • Atlanta Beltline Atlanta Children's Shelter Agnes Scott College Camp Horizon Camp Magik Captain Planet Caring40thers Children's Museum of Atlanta Georgia State University • • • • • • • Girls Incorporated Atlanta Giving A Hand Globar Youth Ambassadors Hapeville Elementary School Hapeville "Paint the Town" Kate's Club Morehouse School of Medicine Community Action Day • • Operation Homefront Partners Against Domestic Violence • • Quest35 Rachel's Challenge • • Sheltering Arms South Fulton Clean & Beautiful • Trees Atlanta We trust the information in this letter demonstrates Porsche's commitment to creating excellent jobs and meaningful economic opportunities for residents of Fulton County (and especially South Fulton County), and to adding materially to the quality of life in South Fulton County. Further, all indications are that our project is generating great interest in other potentially significant development in South Fulton County. Porsche is proud of its accomplishments but also is eager for further suggestions as to the ways in which it can best meet these obligations. Porsche is particularly interested in beginning at once - and Porsche commits - to work with the Fulton County Office of Workforce Development to ensure that all qualified residents of our new community have the opportunity to become trained and employed as we continue growing. Porsche is grateful to the Fulton County Commission and to the Fulton County administration for your support. Sincerely yours, Attachment cc: Mr. Kenneth Dobson Anna Howell, Esq. One-Porsche Drive Tax Revenue Summary 30-Apr-14 Fulton County . 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