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043-00 BOARD OF SUPERVISORS RESOLUTION FISHER SCIENTIFIC COMPANY, LLC WHEREAS, Fisher Scientific Company, LLC, has made known its intent to locate in Frederick County, Virginia; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester-Frederick County Economic Development Commission in 1995; NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia does hereby approve the payment of $250,000 to be designated to the Frederick County Industrial Development Authority from the Frederick County Economic Development Incentive Fund to assist in equipment purchase and/or relocation to Frederick County by Fisher Scientific Company, LLC.. BE IT FURTHER RESOLVED, that said funds are subject to an executed Memorandum of Understanding outlining a performance criteria of the county. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby authorize the county administrator to execute this document on its behalf. ADOPTED, this lOti. day of May, 2000. Upon motion duly made by Robert M. Sager, and seconded by Charles W. Omdoff, Sr., the above resolution was approved by the following recorded vote: Richard C. Shickle Aye Aye Robert M. Sager Aye Charles W. Orndoff, Sr. Margaret B. Douglas W. Harrington Smith, Jr. Aye Sidney A. Reyes Aye Aye A COPY TESTE: RESOLUTION NO.: 043-00 cc: Cheryl B. Shiffler, Finance Director C. William Orndoff, Jr., Treasurer MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING, dated May 10, 2000 evidences the agreement among FREDERICK COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), the WINCHESTER-FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION, a joint commission of the City of Winchester and Frederick County, Virginia (the "Commission"), the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the IDA); and Fisher Scientific Company, LLC, Global Laboratory Products (the "Company") regarding a new location in Virginia for the Company's reagent development and production operations. Inducement to Locate. To induce the Company to locate this facility in Frederick County, the County agrees to the following: a.) To make a cash grant in the amount of Two Hundred Fifty Thousand Dollars ($250,000) to the IDA and that the IDA, in turn, shall make a cash grant to Fisher Scientific Company LLC in an identical amount no later than September 1,2000. The grant shall be used to assist in the cost of new equipment purchases and/or equipment relocation to Frederick County. b.) To apply to the Governor's Opportunity Fund for an equal amount ($250,000) to assist with site acquisition. The Winchester-Frederick County Economic Commission agrees to: a.) Pursue, through the Frederick County Board of Supervisors, the creation of a Pharmacy Technology Zone which provides specific lawful tax and other benefits to the Company should it meet the Zone qualifications and to incorporate the Bayer facility and property to be purchased by Fisher Scientific within the Pharmacy Technology Zone. b.) Pursue, if applicable, the use of Industrial Access Road Funds up to the amount of $300,000 for the purpose of creating a second entrance to the Bayer facility property in order to separate truck and passenger car traffic. c.) Pursue, if applicable, the use of Community Development Block Grant funds up to the amount of $700,000 for the purpose of creating shared parking facilities, publicly held, for the use of Fisher Scientific employees and visitors to the Cedar Creek Battlefield. Company Commitments. a.) The Company commits to the following initial investment scenario (in millions) over the next 30 months from date of purchase. In addition, the offering purchase price for existing operations was estimated at $24 million. Renovation of the facility and process re-engineering $2.5 New equipment $1.0 Equipment to be relocated from other facilities $1.5 Roof replacement $0.75 R&D investment during the first 30 months after purchase $6.5 Total $12.25 b.) There is the additional potential of increasing the investment to $30-35 million over the next 48 months. c.) To retain the 200 positions currently at the facility and to add 50 more positions during the ramp-up period of 30 months. The average wage rate as estimated by the Company is $20 per hour. Cooperation. The County agrees to fast track any permits required to renovate the facility so that the appropriate permits, if prepared correctly by the Company, can be issued in time for renovation and occupancy requirements. Nothing in this paragraph shall be interpreted to require the County to issue any permits unless and until all conditions for such permits have been met. Binding. This Memorandum of Understanding shall be binding upon and inure to the benefit of the parties and their respective successors upon the date of acceptance. In the event the Company fails for any reason to achieve 90 percent of the investment and employment goals within 30 months after the purchase of the facility noted above and to maintain the level of investment and jobs created for a period not to exceed two years thereafter, then the Company will repay to both the County and the Governor's Opportunity Fund a proportional amount of the respective contributions to the project. COUNTY OF FREDERICK, VIRGINIA BY: Joho R. R11,y, ..raw (~ TITLE: County Administrator DATE: THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK COUNTY, VIRGINIA BY: TITLE: DATE: WINCHESTER-FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION BY: TITLE: DATE: FISHER SCIENTIFIC COMPANY, LLC BY: TITLE: DATE: