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Agenda Item Summary



Ordinance # / Resolution #: Resolution 1267-R2024
Contact Person / Sponsor: Michael Worley/ Economic Development
Department: Economic Development
Date Requested to be on Agenda: 7/15/2024
Council Action Requested:

To Approve The Designation Of Nutramax Laboratories Consumer Care, Inc. As An Additional Sponsor Affiliate Under That Certain Fee Agreement Dated As Of November 26, 2018, Subsequently Amended By A First Amendment Dated As Of January 24, 2022 And A Second Amendment Dated As Of June 13, 2022.



Strategic Plan Focus Area Alignment:

Quality Development

Diversity the local economy through targeted attraction of job producers and support businesses that are well-matched to the local workforce and economic needs.
Points to Consider:

The County and Nutramax Manufacturing, Inc., Nutramax Laboratories, Inc., Nutramax Properties, LLC, and Nutramax Land Holdings, Inc., all as Sponsor, and the County entered into an Economic Development Fee Agreement on November 26, 2018 for the properties at 946 Quality Dr., 43 acres adjacent to 946 Quality Dr., 851 Quality Dr., and 1758 Flat Creek Rd., Lancaster, SC.

The Council approved the designation of Airmax, LLC, a Delaware limited liability company, d/b/a Airmax SC, LLC By passage of Resolution No. 1184-R2021 on December 13, 2021, as a Sponsor Affiliate under the 2018 Fee Agreement;

The Council approved the passage of Ordinance No. 2021-1792 on January 24, 2022, and the County and Companies and Airmax, LLC entered into a First Amendment to the Fee Agreement dated as of January 24, 2022;

The Council approved the designation of Nutramax Distribution, LLC , a Delaware limited liability company, by the passage of Resolution No. 1201-R2022 on June 13, 2022, as a Sponsor Affiliate under the 2018 Fee Agreement;

The Council approved the passage of Ordinance No. 2022- 1805 on June 13, 2022, and the County and Sponsor and Airmax, LLC entered in a Second Amendment to the 2018 Fee Agreement dated as of June 13, 2022;

The Company has made significant prior investments in the County in their 2010 Agreements and based upon information provided by the Company, has satisfied all investment and employment requirements under the 2010 Agreements.

The 2018 Fee Agreement provided for a minimum investment of $20,000,000 and 130 new, full-time jobs in the County over a thirty (30) year period with a 6% assessment ratio applicable for each year of the Agreement, except as otherwise provided in the Agreement and the Company has exceeded these investments.

It is the purpose of this resolution, at the request of Sponsor, Airmax, LLC and Nutramax Distribution, LLC, to grant the approval by the County, the designation of Nutramax Laboratories Consumer Care, Inc., a South Carolina corporation, as an additional Sponsor Affiliate under the Fee Agreement and that Nutramax Laboratories Consumer Care, Inc., a South Carolina corporation, qualifies as a Sponsor Affiliate.



Funding and Liability Factors:

The FILOT and SSRC will remain the same with the addition of Nutramax Laboratories Consumer Care, Inc.



Recommendation:

Economic Development recommends approval Resolution 1267-R2024 to add Nutramax Laboratories Consumer Care, Inc., as Sponsor Affiliates.



ATTACHMENTS:
DescriptionUpload DateType
Resolution 1267-R20247/8/2024Resolution
Exhibit A to Resolution 1267-R20247/8/2024Exhibit