HomeMy WebLinkAboutCC - Second MDA SECOND MODIFIED DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. L&G Murgoitio,LLC
THIS SECOND MODIFIED DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this day of , 204-92024, by and between the City
of Meridian, a municipal corporation of the State of Idaho,hereafter called"City", and L&& G
Murgoitio, LLC, an Idaho limited liability company, whose address is 6575 S. Locust Grove
Road,Meridian,Idaho 83642 hereinafter called"Owner/Developer."
1. RECITALS:
1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho, described in
Exhibit "A", which is attached hereto and by this reference incorporated
herein as if set forth in full,herein after referred to as the"Property"; and
1.2 WHEREAS, Timber Creek Recycling, LLC ("Timber Creek") has
operated, does operate, and will operate a processing facility on the
Property; and
1.3 WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, require or permit as a condition of re-zoning that an owner or
developer make a written commitment concerning the use or development
of the subject property;and
1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A-
2(E) provides that said written commitments may be modified with the
permission of the governing board; and
1.5 WHEREAS, the City has exercised its statutory authority by the
enactment of Section 11-513-3 of the Unified Development Code
("UDC"), which authorizes development agreements upon the annexation
and/or re-zoning of land; and
1.6 WHEREAS, the City and the Owner/Developer negotiated terms and
conditions into that certain Development Agreement, dated January 26,
2016, recorded as Instrument No. 2016-007075, Records of Ada County,
Idaho("Original Agreement'); and
WHEREAS. the City and the Owner/Developer entered into that certain
Modified Development Agreement, dated June 11, 2019, recorded as
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Instrument No. 2019-053058, Records of Ada County, Idaho ("Modified
Agreement'),to amend the terms of the Original Agreement; and
18 WHEREAS, the City, Owner/Developer and Timber Creek(as defined
below)have negotiated terms and conditions into this Agreement to clarify
the uses permitted on the Property under the 9r3gia4-�Modified
Agreement, and to allow for the continued use of the Property and the
permitted future uses of the Property; and
1.9 44WHEREAS, the Cityan44he—,Owner/Developer-, and Timber Creek
agree to negotiate in good faith and seek resolution to any conditions or
circumstances that existed at the time*''this Agreement ands
Modified gr-eo, etA were was approved and executed that are necessary
for the continued and future use of the Property; and
1.10 4-.9WHEREAS, the Owner/Developer, the City, Timber Creek, and others
made representations at the public hearings before the Meridian City
Council, as to the current and proposed uses of the Property and how the
Property may be developed,if any,at this time or in the future; and
1 410WHEREAS, the Meridian City Council, on the day of
, 204- 2024, approved certain Findings of Fact and
Conclusions of Law and Decision and Order ("Findings"), which have
been incorporated into this Agreement and attached as Exhibit "B" and
have been accepted by Owner/Developer and Timber Creek; and
1 444WHEREAS, the Findings require the Owner/Developer to enter into
this Agreement as a replacement to the Original Development a,a*oa
jaftuany Zz6,2016,Teser-ded as 4nstmment No.Z2016 007075, R€serer
Ada County,k1a ,.Modified Agreement; and
1.13 WHEREAS,the Owner/Developer deems it to be in its best interest to
be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily;and
1.14 4-.13WHEREAS, the City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the use of the
Property is in accordance with the terms and conditions of this Agreement,
herein being established as a result of evidence received by the City and
from affected property owners.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
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2. INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a parry to this
Agreement, which is a municipal corporation and government subdivision
of the state of Idaho, organized and existing by virtue of law of the State
of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho
83642.
3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC,
whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the
party that owns the Property and shall include any subsequent
owner/developer(s)of the Property.
3.3 SITE/PROPERTY: means and refers to that certain parcel(s)of property
located in the County of Ada, City of Meridian as described in Exhibit
"A" attached hereto and by this reference incorporated herein as if set
forth at length. The terms, in any form, may be used throughout this
document and are meant to be interchangeable in meaning unless
specifically defined.
3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or
installation of a structure, or any change in use of an existing structure, or
any subdivision of the Property, or any change in the use of the Property
that creates additional or different demand and/or need for public facilities
or services, except as otherwise permitted herein. Notwithstanding the
foregoing, the construction of structures necessary for Timber Creek to
continue its operation on the Property, now or in the future, shall not
constitute development or redevelopment of the Property.
The terms, in any form, may be used throughout this document and are meant to be
interchangeable in meaning unless specifically defined.
4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop
the Property shall be in accordance with the terms and conditions of this Agreement. The
following uses on the Property are specifically allowed:
4.1 All uses allowed or will be allowed in the future under the City's Zoning
Ordinance codified in the UDC.
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4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
4.3 Any existing and future written agreements for the collection, disposal,
brocessin� or maintaining of solid waste in pursuance of an agreement
with the City's solid waste franchisee may remain until such time that the
Property is developed in the future.
4.4 Any currently allowed use in Ada County regarding the raising or
maintaining of livestock shall remain on the Property until such time that
the Property is developed in the future. The Property maintains a livestock
business and operation. All existing uses and operation on the Property
relating to the livestock business and operation at the time of annexation
may remain until the Property is developed in the future.
4.5 The Property will have an exemption to Meridian City Code 6-3-10,
Firearms; Dischargeable Instruments, until such time that the Property is
developed in the future.
4.6 Any use constituting an"agricultural operation", as defined in Idaho Code
§ 22-4502 until such time the Property is developed in the future.
4.7 Currently stored or maintained on the Property: farm equipment, vehicles
(registered and unregistered),and excess organic and/or inorganic material
necessary for the agricultural operation of the Property. Such items may
include but not be limited to weed spray, gasoline, diesel, wood, compost,
fertilizers and the like in quantities not usually found in urban residential
properties. Such storage may remain in the current condition at the time of
the adoption of this Agreement until such time that the Property develops
in the future.
4.8 Operate Timber Creek Recycling ("Timber Creek") on the portion of the
Property ("Recycling Property") outlined on the site plan ("Site Plan")
attached hereto as Exhibit "C" and incorporated herein, as is eeffently
eendueted or- may be in f-h-Le. whether under the name of
Timber Creek Recycling or another name or entity,
f6f a maxim-um period of ten (10) years �em the date the City Gotmeil appfoves Commented[7C1]:This
the a A Upon. the F�1, /1 m year ] 11 language was moved to Section
the signed Agr-eerneat. Upon the expiration of the ten(10) p�}erio ,-all 6.14.
Recycling Activities (as defined below in Seetion .c G shall
cease;
'led, however-, tha4 Timber- Creek fnay stibmit a-H applieatien to the
City !`.bile. ♦A- tl.o ReeY,.lifi. A etiy;t;o4 .Ind Moton:ni..o.A"he'the-to
.t Timber-Creek to E6}tl}t�the�D ccpcliig-r cti tics. Timber-C ccek
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shall sttb .;t the request for-r-eviewo We-than one (1) year-prior-to the
may, a4 the City Geuneil's sole diser-etion! a) eleet to gm-PA eF Fefuse to
on the Reeyeling Woperty-past-the initial-ten (18) y€ar period; and b)
should additional time be .,-.. „to.l ro ffioFe f diffe e ..t ,i.l;tions on-
the Reeyeling Pr-apefyy beye,,,1 tllo in t:,,l to (1 m year- time period then t
the City Couneil's direetien-and by the date deteffnified by-th&-C4ty
!'',...,..,.:1 the Recycling A etiy t:es shall eease and all,v..,to,ialsequipffiepA-,
ag ic�iltufal us&eonditien—ln the—event the City Council giants Timber
C' Fh,pk .ddit:..na fifne to ,. «.duet the Reey,.ling A etiyities .,fte f the :..,;t:.,l
0af per-ied, then the G4y Getmeil fnay 0
Aetivities upon the expiFafien of the additional fifne in aeeoFdanee with
5. OpeFaflOfl of Timber- C-Feek subiect to the provisions of
Section 5 and Section 6 of this Agreement.
_ OPERATION OF TIMBER CREEK RECYCLING. As set forth in Section
4.8 of this Agreement, Timber Creek is specifically permitted to continue operations on the
Recycling Property. The following outlines the primary activities, but not all activities, related
to Timber Creek's operation or proposed operation on the Recycling Property:
5.1 Delivery of Recycled Materials. Timber Creek receives or may receive
the fellowing-aMmaterials (collectively "Recycled Materials") which Timber Creek currently
uses, or may in the future use, for Recycling Activities(defined below):;provided,however,that
Recycling Materials will not include any materials prohibited by the Idaho Department of
Environmental Quality ("IDEO") and the Central District Health ("CDH"), nor will Recycled
Materials include biosolids_as this term is defined by IDEO.
5 2 Recycling Activities.
5.1.1 Wood. Weed is and will be delivefed to the Reeyeling Wepef4y
f;-o ffl tl,o n d County Landfill,f;ll n o..4lie Sefyiees and„the-r-
5�.2 GiuSS. Grass ,.lippings are and will be delivered to the Do,..,,.1ing
n..,petty f:-.,m Rept l.,lie Seryiees and the f
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5.1.3 Leaves. Leaves are will be deliver-ed to the Reey^cling
5.1.4 Sheetrock. Sheetmek and/or- gypsum is and will be defiveFed to
5.1.5 Food Waste. Food waste will be delivefed to the—Reeyek*g
Pr-opefty from n^..,,blie Seryiees and th
5.1.6 Car-den Waste. Garden to will dolivefed to the Reeyeling
55..1 7 Other Materials.Timber- Cfeekis—allowed—to aeeept�thel
niater-ials to r-eeyele whiek are of the same eategofy as the materials identified in Seetions 5.14
5.2.1 Recycling Activities. Timber Creek is entitled to accept, process,
utilize and sell the Recycled Materials on the Recycling Property ("Recycling Activities"). er
pufposes of^1^.:t., but not limitation, the following ^ examples of the : provided, however.
that the Recycling Activities will not include any activity that is prohibited by IDEO or CDH on
the Recycling Property. Examples of Recycling Activities which are permitted on the Recycling
Property: include, but are not limited to, grinding, screening, composting, and storing of
Recycled Materials(both before and after Recycling Activitiesl.
5.2.1 fFinding The Recycling Materials may gFcs;tfid an
transpei4ed frofn the Reeyeling Propefty f6f animal bedding, soil amendment, othef agfiettlwr
uses or-other-wise, a-ad may be sold en the Reeyehiig Pfoper-ty or to third paffies. hi the gfiiiding
. .
,
trommels, hopper boxes, air- systems, loader-s and othef equipment neeessary to ser-een the
�� Feed. The Reey,.ling Materials may be p o oa and tfansp r^a
f+em the Reeyeling Wepefty for-feed for-livesteek er-other-agr-ietiltur-al uses, afld may be sold ati
the Reeyeling Pr-epefty or-to third pafties.
5.2.4 E6mpvstin.. The Reey,.ling M to-ials may be eoWosted on the
uses or- other-wise, and may be sold on the Reeyeling Propei4y or-to third pai4ies. Compost piles
shall be maintained in a manneF that does not cause or ereate a nuisanee eondition ineluding,b
net lifnited to, odor-, ethef fmisafiee andlef other- eenditiefis relative to ifiseets of disease tha4
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affeet neighboring propeAies, eattse haFmfW vapors or- eonstitute a risk to the environment Of
a-vailable throtigh the enfer-eemefft ef this Agreement, the City may seek enfefeemefft t4fough
5.2.2 Storing of Recycling Materials. The Recycled Materials-, both
before and after- proeessi _shall be stored on the Recycling Property d-afte-before
processing-. After processing the Recycled Materials may be stored or used on the balance of the
Property.
keep them fk)m beeeming a publie 4fluisiffiffeea, 'As defined in Mer-idia* City Gode (MGG) 4 2-4-,
Cmmented[3C2]:Moved
pr-eee"r-es and penalties for- gener-al nuis-An-eves -Ave, listead- in M-GG 4 2 4. hi Addition to the-, [I.Oldhie new Section 6.9.5.
remedies available through-the enfer-eement of this Agr-eement, the City may seek enfer-eeffiefit
thfough abatement by, ,;1 aetioor- ode enforcement.
5.2.3 Miscellaneous Recycling Activities. Engage-Timber Creek may
engage in any of the following as part of the Recycling Activities: loading and unloading of
trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities;
use of loaders, graders,tractors(with implements),fgr-k li€tsforklifts, and other heavy equipment,
preparation and maintenance of the Recycling Property for the Recycling Activities; erection and
use of a weather station; modification of the Recycling Property for the Recycling Activities,
including leaching ponds and berms; use of air compressors, generators, tarps for covering of
Recycling Materials, and bagging systems.
5.2.4 Other Activities. Timber Creek may engage in other activities
relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as
deemed appropriate by Timber Creek, provided, however, that any such use shall be in
accordance with applicable laws and regulations governing such activities.
5.3 Related Activities. In addition to the Recycling Activities, Timber Creek
may engage in uses on the Recycling Property that are related to, support,or are in furtherance of
the Recycling Activities ("Related Activities"). For purposes of clarity, but not limitation, the
following are examples of the Related Activities:
5.3.1 Truck Parking. Timber Creek may park trucks used for delivery,
removal and/or processing of Recycled Materials on the Recycling Property.
5.3.2 Equipment. Timber Creek may place, operate, maintain, repair,
relocate and remove any equipment, fixtures and personal property onto and from the Recycling
Property in order to engage in the Recycling Activities.
Gempliaiwe- 5.3.3� Cempla�;;AtGp- 4.yath ;@11 federal, state -apd- leeal entities with WiSd GtiqR,
Commented[7C3]:Moved
Quality, to the new Section 6.2
GeRtral District Health Departrnent, U.S. Environmental Pfoteetion 'SECOND MODIFIED DEVELOPMENT AGREEMENT-
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Agr-ieuhure, the Ada GeufAy Air Quality Board, and the 1dahe Depaftffieftt of Water Resourees.
t(34
t"T Coffiply with conditions ifnposed on it by any andall of
afor-ementioned entities with jurisdietion elating to the
(b) Comply with the i-ales and fegtda4iens r-ela4ing to t
be adopted, revised or fe interpreted 1.., any and a F
afo-enie ntione.l entities with j isdi.tion; and—
(e) Gur-e of eofreet defieieneies or-issu
a!!of aforementioned efftifies with joFisdietion.
5.3.3 Marketing and Sale of Processed Recycling Materials. Timber
Creek may market and sale processed Recycling Materials. Processed Recycling Materials
include,but are not limited to,mulch,compost,bark,playground chips, sand, stone,etc.
5.4 Retail Sales. Within the area on the Site Plan marked "Retail Sale"
("Retail Area"), Timber Creek may sell processed Recycling Materials to the public. Timber
Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the
portion of the Recycling Property where active Recycling Activities occur. Retail sales in the
Retail Area are restricted as follows:
5.4.1 Hours of Operation. The Retail Area will not be open to the
public for the purchase of Recycling Materials outside of the following hours:
(a) April—October:
a. Monday—Saturday: 8:00 a.m.to 6:00 p.m.
b. Sundays: Closed
(b) November—March:
a. Monday—Saturday: 9:00 a.m.to 4:00 p.m.
b. Sundays: Closed
5.4.2 Vehicle Limitation. The following vehicles will be prohibited
from accessing the Retail Property for the purchase of processed Recycling Materials:
(a) Commercial vehicles,as defined in Idaho Code §49-123(d).
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(b) Vehicles with more than two (2) axels; provided, however,
that a trailer pulled by a two(2) axel vehicle does not count
towards the axel count.
5.4.3 Limitation on Sales. Timber Creek may only sell the following in
the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not
limited to, mulch, compost, bark, playground chips, and other products typically sold at a
nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to
provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen.
5.5 Recycling Activities Structures. Timber Creek may construct, relocate
or install the following : a) a scale house with approximate dimensions of forty five feet by
fifteen feet (45'xl5'); b) a restroom with approximate dimensions of twenty feet by eight feet
(20'x8')with a septic system until sewer is available at the Recycling Property at which time the
restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty
feet by eight feet (40'x8'); and d) a barbwire fence on the south east corner of the Property to
connect the existing fencing. The construction, relocation or installation of the above identified
structures shall not constitute"development"as defined in Section 3.4.
6. Conditions and Limitations to Operation of Timber Creek-
ReeyetingCONDITIONS AND LIMITATIONS TO OPERATION OF TIMBER CREEK
RECYCLING. To mitigate or ameliorate any adverse effects from Timber Creek's operation on
the Property,Timber Creek shall comply with the following conditions on its operation:
6.1 Extent of Operations on Property. Timber Creek's Recycling Activities
shall be limited to the Recycling Property; provided, however, that Timber Creek may use
processed Recycling Materials on the balance of the Property.
6.2 Compliance, Timber Creek shall comply with all federal, state and local
entities with jurisdiction, including, but not limited to IDEQ, CHD, Department of Agriculture,
U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air
Quality Board, and the Idaho Department of Water Resources. The City may consider a finding
by one of these named agencies of violations of their regulations to be a cause for a violation of
this Agreement. Timber Creek shall take any action to:
6.2.1 Comply with conditions imposed on it by any and all of
aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling
Activities;
6.2.2 Comply with the rules and regulations relating to the Recycling
Materials or the Recycling Activities which may be adopted,revised or re-interpreted by any and
all of aforementioned entities with jurisdiction; and
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6.2.3 Cure or correct deficiencies or issues identified by any and all of
aforementioned entities with jurisdiction.
5 ICompostingl. Composting on the Recycling Property shall be conducted in commented hc41:The
cae law, rues an regulations. 6.6,Section 6.9 and 6.13 have revisions to the new Section
accordance with applicable l l d �lations
would"v"ire appr-eval as Timber Creek has obtained the necessary approvals to operate a Tier 2 been revised to reflect the
composting facility, r"Creek shall satisfy 11 "^ ^"+^ ' i o ^ Tier7 ^of"^^+ completion of the requirements
Timber-
set forth in the corresponding
f6eilities by the 1daho DepaAment of Environmental Quality ("DEQ"). Timber Creek shall
Sections in the Modified
provide proof of s^tis faetio of DEQ's requirements to the Cityprior- to oomposting as and is Agreement.
currently operating a Tier 2 composting facility.
on the Recycling Property. In the event of any change in Timber Creek's approvals
for the Tier 2 composting operation on the Recycling Property, Timber Creek shall provide
notice of such changes to the City. In connection with operating as-a Tier 2 facility on the
Recycling Property,Timber Creek shall:
6.3.1 Odor Management. Adel arrContinue to operating under the
odor management plan — F— Tier 2 approval pr-eeess 4tat satisfies DEQ. Upon beiffg
hich has been approved by IDEO. In the event of a
change to the odor management plan, Timber Creek will provide a copy of the revised odor
management plan approved by DEQ-IQ=ED to the City.
6.3.2 Compliance with DEQ and Central District Health.
Comply with all requirements of "
IDEQ and CDH as part of the Tier 2 approval process. ,
Timber Creek shall cooperate with DEQ-I LQ=and CD14D-CDH and permit monitoring of the
composting operation and to resolve any compliance issues.
6.4 Noise Mitigation. Timber Creek shall do or adopt the following to
mitigate the noise generated from Timber Creek's Recycling Activities:
6.4.1 Mufflers. Timber Creek will ^e"ife and install maintain a Harco
2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on
the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder.
Timber Creek shall provide notiee to the City upon the installation of the filtifflers.
6.4.2 Landscaping. Timber Creek �T�it�maintain the trees and
other landscaping features on the Recycling Property iii ^ tnaf ^" as „"eser-i e 4^ ; which were
installed in accordance with MCC 11-31-1-413, , to mitigate the
sound generated on the Recycling Property by the Recycling Activities. Said landseaping shall
be installed 19rier to ean*nten-e-em-ent of Tier- 2 eempasting -provided that the -pilot pr-egr-ams fe-r-
landseaping or befms as shown on the site plan. Tiffibef Creek shall provide notiee to the G4Y
when the!andseapiag set fefth in this Modified Agreement has been installed.
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6.5 Hours of Operation. Recycling Activities on the Property will be limited
to the following:
6.5.1 (a)Monday—Friday: 7:00 a.m.to 6:00 p.m.
6.5.2 (b)Saturday: 8:00 a.m.to 6:00 p.m.
6.6 Visual Impact. To minimize any visual impact caused by the Recycling
Materials or the Recycling Activities,
Timber-Gr-eek wil :�1 Landseaping. Timber- Creek eaWly
with the 0
. . Materials.—Timber Creek will keep the
height of piles of Recycling Materials at the greater of: a)twenty-five (25) feet, and b)the height
permitted by the Meridian Fire Department under applicable code,regulations and rules.
6.7 Dust Abatement.
6.7.1 Water Tank. Maintain a 4,000 gallon water tank on the Property
to hold water for dust abatement purposes on the Recycling Property.
6.7.2 Sprinklers. Maintain a sprinkler system on roads and other parts
of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust
caused by Recycling Activities.
6.7.3 Water Trucks. Maintain water truck, tender or buffalo or other
similar equipment for dust abatement. Said equipment will be utilized to apply water to
unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused
by the Recycling Activities.
6.7.4 Spray Hoses. Spray hoses will be used as part of the Recycling
Activities to reduce dust caused by the Recycling Activities.
6.7.5 Wood Flour. Timber Creek Recycling will not accept or process
wood flour as part of the Recycling Activities.
6.7.6 6.5 6Dustless Material. Resurface the entrance to the Recycling
Property and Retail Area with a dustless material, including those materials set forth in Meridian
City Code 11-3C-5B-1.
6.$ Traffic for Recycling Materials. Traffic to the Recycling Property is
regulated as follows:
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6.8.1 Recycling Activities. All traffic to permit Timber Creek to
perform the Recycling Activities, including but not limited to, traffic for delivery of Recycling
Materials, any safety programs, fire prevention,odor management, and composting, grinding and
screening operations is expressly permitted, except as limited by this Section 6-.66.8, and shall
not constitute a nuisance.
6.8.2 Compliance with Ada County Highway District. All traffic to
the Recycling Property shall comply with Ada County Highway District rules and regulations.
6�.3 Truck Limitation. No morefifty- ix (56) Truekloads--o
Reeyeling Ma4efials will be delivered te the Reeyeling Pr-epef�y pef day. For- ptlfpeses of this
u »
f
shall mean my tfttek or-vehiele eaffying ten (10) or-more e4ie yards
„1ari fie do e the following do not qualify., a T,- ekl.,ads-
of the Propervy sueh as deliver of feed,, liyestoef,
equipment,feed,waste or-fet4ilizer-;
eanying Reeyeling Materials; and
Reeyeling Materials for agrieultur-al uses,
6.9 Agency Requirements/Recommendations. Timber Creek shall comply
with the following requirements and recommendations from the following agencies:
6.9.1 Fire.
(a) Emergency Plan. Timber Creek shall pfepar-e and delivef
afr,.omnly with the emergency plan previously delivered to
the Meridian Fire Code Official. Timber-G-eek shall neti
the City upon approval of the emer-geney p�'--.
(b) Process Hazard Analysis. Timber Creek shall prepare a
process hazard analysis which satisfies the requirements of
the International Fire Code, Section 5001.3.3.11-17 (2015)
and deliver to the Meridian Fire Code Official, if required
by the Meridian Fire Code Official.
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6.9.2 Irrigation. Obtain approval from the applicable irrigation district
for any use of or encroachment on the easement(s) surrounding the canals bordering the
Recycling Property. If any such approval is required, Timber Creek shall provide evidence of
said approval to the City.
6.9.3 Land Development Services. As long as Timber Creek is
engaged in Recycling Activities, the Recycling Property shall be open to inspection for
compliance with this Agreement by the Land Development Services,upon advance notice.
6.9.4 Complaints. Timber Creek will set up a telephone line,
email account, or other means of communication for neighbors to be able to submit comments
and complaints to Timber Creek relating to the Recycling Activities.
6.8 !Termination xnxnucxv'xx of xcceTenngrcccn icxc The I7cEEyEIi}}g Aetiv}t}csg}} t]}e ;.-' Commented[3C5]:Moved
Reeyeling Property will eease,tmiess pefmitted in the UDG,upon the earliest of the following to to the new Section 6.15.
6 8.1 Conveyanee to Third Party. Upon the eonv'eyanee—of the
> pfevided, hewever,
family member- of mi-y member- of the Owaer,'Develapea-r a-F Tiffi-b-tef Gr-eek; or- 3) to an affiliate
entity, will not trigger-the elimination of the Reeyeling Aetivities. For-purposes of this Seetion
ccaffiliated entity"
is an entity: (a) w-hieh is a sueeessor-to Owner4Developer- or-Timber
6$2 Development of Adjacent PFOpert., Withit .>,iAy (30 Elay f
written notiee that the City has granted a Cei4ifieate of Oeettpaney to any new residential Of
eommereial development within 1000 feet of the Reeyeling Property, as approximately depiete
on the attaehed Ex4iibit "C", being delivered to Timber Creek. For purposes of this Seetion
6.8.2,a"new residential or-eommer-eial develepment"shall faeEm real pr-epefty whieh has�
(a) Been annexed iffto the City;
City Code, exeepting however any real property subdivided
by a short plat under-Meridian City Code 11 6B 6;• an
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in no event will the issuanee of a GeAifiea4e of Oeeupaney for-any stfuetue existing as o
6.9 Tolling of Deadlifles. In the event the ,^, ^f Uhis Agreement is
ehallenged, eontested of appealed, in any manner-, the deadlines imposed on Timber-Gfeek under-
this Seetion 6 shall be tolled until all ehallenges, contents and appeals have been eompletely and
finally resolved-.
6.9.5 Nuisance. Timber Creek shall not keen the Recycling Pronertv
and all associated grounds in a manner that constitutes a public nuisance. as defined in Meridian
City Code (MCC) 4-2-1. Procedures and penalties for general nuisances are listed in MCC 4-2-
4. In addition to the remedies available through the enforcement of this Agreement, the City
may seek enforcement through abatement by civil action or code enforcement.
6.10 Leaching Ponds. The leaching pond(s), if applicable and any other open
water pond(s) for run off or drainage on the Recycling Property shall be treated and maintained
such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8.
6.11 Mechanical Equipment. All mechanical equipment (excluding all
private or commercial vehicles) and opemtiepis-,-power-driven processing equipment and
operations on the Recycling Property shall be locate I-operated at least 300 feet from abutting
residential districts. All shipping and delivery areas, storage and other outdoor activity on
Recycling Property shall be located at least 300 feet from abutting residential districts within the
City of Meridian.
6.12 Burning. Burning or incinerating to dispose of solid waste or recyclable
materials is prohibited on the Property.
6.13 Site Plan. •r;,,be f 'reek shall provide ^ detailed site !an, as " Attached
hereto as Exhibit"C" is a site plan which: a)defines the Property;
b) defines the Recycling Property-; c) defines the portion of the Property intended to be used for
agricultural purposes or non-Recycling Activities; and d) identifies the general-current location
of the equipment to be used for the Recycling Activities. Timber Creek may change the location
of the equipment to be used for the Recycling Activities so long as the equipment is operated
within the Recycling Property. The Recycling Property shall not exceed the identified thirty-six
(36)acres in total.
6 14 Termination of Composting. All composting on the Recycling Pronertv
will cease upon the earlier of the following to occur:
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6.14.1 Five (5) years from the date the City Council approves the signed
Agreement. Upon the expiration of the five (5) year period, all composting on the Recycling
Property shall cease: provided, however. that Timber Creek may submit an application to the
City Council to review the composting and determine whether to permit Timber Creek to
continue composting on the Recycling Property. Timber Creek shall submit the request for
review no later than one (1) year prior to the expiration of the five (5) year period. Upon
review. the City Council may, at the City Council's sole discretion: al elect to grant or refuse to
grant additional time to Timber Creek to conduct composting on the Recycling Property past the
initial five (5) year period: and b) should additional time be granted, require more or different
conditions on the composting. If the City Council does not elect to grant Timber Creek
additional time to conduct composting on the Recycling Property beyond the initial five (51 year
time period then, the composting will cease upon the expiration of the five (5) year period. In
the event the City Council grants Timber Creek additional time to conduct the Recycling
Activities after the initial five(5)year period, then the City Council may review the compositing
upon the expiration of the additional time in accordance with the foregoing procedures,
conditions,and timelines.
6.14.2 Upon the termination of all Recycling Activities on the Recycling
Property,as required by Section 6.15.
6.15 Termination of Recycling Activities. The Recycling Activities on the
Recycling Property will cease, unless permitted in the UDC, upon the conveyance of the
Recycling Property to a third party. Notwithstanding the foregoing, the following types of
conveyances will not trigger the cessation of Recycling Activities on the Recycling Property: 11
any conveyance via intestacy or other estate planning devise or instrument: 21 to an immediate
family member of any member of the Owner/Developer or Timber Creek: or 31 to an Affiliated
Entity. For pWoses of this Section 6.15, an "Affiliated Entity" is an entity: (a) which is a
successor to Owner/Developer or Timber Creek by either merger or consolidation or pursuant to
sale of all or substantially all of Owner/Developer or Timber Creek's assets or membership
interests, or (b) an entity controlled by, or under common control with, or controlling
Owner/Developer: or controlling Owner/Developer or Timber Creek. Additionally, if the
Recycling Property is conveyed to a developer who plans on developing the Recycling Property,
Timber Creek may continue to engage in the Recycling Activities for as long as the developer
allows Timber Creek to perform the Recycling Activities on the Recycling Property.
6.16 Tolling of Deadlines. In the event the approval of this Agreement is
challenged, contested, or appealed, in any manner,the deadlines imposed on Timber Creek under
this Section 6 shall be tolled until all challenges, contents and appeals have been completely and
finally resolved.
7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY:
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7.1 Owner/Developer shall develop the Property in accordance with the
following special conditions:
7.1.1 Except as otherwise provided in this Agreement, future
development of the Property shall comply with the ordinances in the
Meridian City Code in effect at the time of development.
7.1.2 Except as otherwise provided in this Agreement, future
development of the Property shall comply with all bulk, use, and
development standards of the R-4 zoning district listed in UDC 11-2A-5,
unless rezoned by City in accordance with the UDC following application
by the Owner/Developer or future developer, and then in accordance with
the new zoning designation.
7.1.3 Any property or easements reasonably needed by the City to
provide any sewer or water infrastructure in furtherance of this Agreement
shall be provided by the Owner/Developer at no cost to the City.
7.1.4 Any future development of the Property which will require an
amendment to this Agreement to approve any proposed development plan
may be sought by the Owner/Developer. The first such request for an
amendment shall be at no cost to the Owner/Developer or future
developer.
8. COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN:
8.1 The City intends to extend the sewer and water infrastructure ("Utility
Extension") which will benefit the Property, the City, and other adjacent
and adjoining properties. The City will endeavor to design the Utility
Extension in a manner consistent with the City's Sewer Master Plan
(including the assumptions and tolerances included in the Sewer Master
Plan) in existence at the time the City designs the Utility Extension. In
furtherance of this objective, the Utility Extension will include, but is not
limited to,the extension of-
(a) Water Mains; and
(b) Sewer Mains; and
(c) Trunk Lines.
A complete description of the Utility Extension is set forth in Exhibit"D",
incorporated by reference to this Agreement.
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8.2 The City shall be expending funds to plan, design, and construct the
Utility Extension described in 8.1 over the course of time. The City
anticipates completion of the initial phase of the Utility Extension in or
about Meridian Road/State Highway 69 within approximately two (2)
years from the date of the publication of the annexation ordinance for the
Property and the completion of the Utility Extension in or about Linder
Road and Victory Road in approximately four (4) years from the date of
the publication of the annexation ordinance for the Property. The above—
described timelines for completion of the Utility Extension are subject to
the following conditions:
(a) Acts of God;or
(b) Denial of the Application by the City or any other
governmental agency with authority to approve or deny the
Application or Utility Extension; or
(c) Any legal challenge to the annexation of the Property that
causes the delay of the annexation approval; or
(d) The inability of the City to acquire all the needed target
properties necessary to allow for the necessary expenditure
of the Utility Extension; or
(e) Economic limitations,as prescribed by law;or
(f) Permitting limitations or denials; or
(g) The inability to acquire the necessary easements for the
Utility Extension;or
(h) Geology and/or geography of the area; or
(i) Weather conditions that may cause delay; or
(j) Unavailability or delay of materials for the Utility
Extension; or
(k) Review or delay by other agencies needed for approvals of
the Application or Utility Extension; or
(1) Labor disputes, strikes,work stoppages; or
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(m) Limitations by other governmental, semi-governmental, or
private industry restrictions unanticipated at the time of
execution of this Agreement; or
(n) Any and all contingencies, whether anticipated or not, that
are beyond the control of the City.
8.3 In the event the City reasonably determines that it cannot complete the
Utility Extension within the timeframes set forth above in Section 8.2 due
to the occurrence of any of the conditions set forth in Sections 8.2(a) to
8.2(n), the Owner/Developer or the City may terminate this Agreement
upon compliance with the requirements of the UDC.
9. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
9.1 Acts of Default. In the event either party fails to faithfully comply with
all of the terms and conditions included in this Agreement,this Agreement
may be terminated by the Owner/Developer or the City upon compliance
with the requirements of this Agreement and in a manner prescribed by
law or ordinance.
9.2 Notice and Cure Period. In the event of any alleged default or failure to
perform any obligation under this Agreement, the non-defaulting party
shall give the alleged defaulting party written notice thereof. The parry
given notice of failure shall have a period of thirty (30) days after such
notice is given within which to cure such default, which period shall be
extended to the extent reasonably necessary to complete such cure so long
as the cure was commenced within thirty (30) days after such notice is
given and thereafter prosecuted with due diligence.
9.3 Remedies.
9.3.1 Remedies Against the Owner/Developer. In the event of default
by Owner/Developer that is not cured after notice as described in Section
9.2, Owner/Developer shall be deemed to have consented to modification
of this Agreement and de-annexation and reversal of the zoning
designations described herein, solely against the offending portion of
Property and upon the City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code
§§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in
the Fourth Judicial District Court in Ada County by the City. The sole
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remedy for enforcement of this Agreement may be sought by an
appropriate action at law or in equity to secure the specific performance of
the covenants, agreements, conditions, and obligations contained within
this Agreement or to de-annex the Property.
9.3.2 Remedy against the City . In the event of default by the City that
is not cured after notice as described in Section 9.2, the City shall be
deemed to have consented to modification of this Agreement and de-
annexation and reversal of the zoning designations described herein, solely
against the offending portion of Property and upon City's compliance with
all applicable laws, ordinances and rules, including any applicable
provisions of Idaho Code §§ 67-6509 and 67-6511. The City reserves all
rights to contest whether a default has occurred.
9.4 Delay. In the event the performance of any covenant to be performed
hereunder by either the Owner/Developer or the City is delayed for causes
that are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes,the time for such performance shall
be extended by the amount of time of such delay.
9.5 Waiver. A waiver by a party of any default of any one or more of the
covenants or conditions hereof shall apply solely to the default and
defaults waived and shall neither bar any other rights or remedies nor
apply to any subsequent default of any such or other covenants and
conditions.
10. INSPECTION: Following the development of the Property, Owner/Developer
shall, immediately upon completion of any portion or the entirety of said development of the
Property, as required by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion thereof
in accordance with the terms and conditions of this Agreement and all other ordinances of the
City that apply to said Property.
11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and
expense, either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of
the ordinance annexing and re-zoning the Property. If for any reason after such recordation,the
City Council fails to adopt the ordinance in connection with the annexation and zoning of the
Property contemplated hereby, the City shall execute and record an appropriate instrument of
release of this Agreement,at its cost and expense.
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12. SURETY OF PERFORMANCE: Following the development of the Property,
the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of
future improvements,which the Owner/Developer agrees to provide,if required by the City.
13. CERTIFICATE OF OCCUPANCY: Following the development of the
Property, no Certificates of Occupancy shall be issued in any phase in which the improvements
have not been installed, completed,and accepted by the City.
14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to
abide by all ordinances of the City, except as otherwise provided in this Agreement, and the
Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions
contained in the Findings,this Agreement,and the ordinances of the City.
15. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY: City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian,Idaho 83642
with copy to: City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian,ID 83642
OWNER/DEVELOPER: L&G Murgoitio,LLC
6575 S. Locust Grove Road
Meridian,Idaho 83642
15.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
16. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court
of competent jurisdiction. This provision shall be deemed to be a separate contract between the
parties and shall survive any default,termination or forfeiture of this Agreement.
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17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a
breach of and a default under this Agreement by the other party so failing to perform.
18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer, each subsequent owner and any other
person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or
alienation of the Property, or portions thereof, except that any sale or alienation shall be subject
to the provisions hereof and any successor owner or owners shall be both benefited and bound by
the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer
has fully performed its obligations under this Agreement.
19. INVALID PROVISION: If any provision of this Agreement is held not valid by
a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the
subject matter hereof, and there are no promises, agreements, conditions or understanding, either
oral or written, express or implied, between Owner/Developer and City, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City. Upon the execution of this Agreement, the Original Agreement and Modified Agreement
are terminated and of no further force or effect.
21.1 No condition governing the uses and/or conditions governing re-zoning of
the subject Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or amendment in force at the time of the
proposed amendment.
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22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council approved this Agreement and is
executed by the Mayor and City Clerk.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,the parties have herein executed this Agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
L&G Murgoitio,LLC
Date: By:
Name:
Title:
CITY OF MERIDIAN:
Date: By:
Mayor Taffff y rye WeefaRobert
Simison
ATTEST:
G.jay ColesChris Johnson, City Clerk
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STATE OF IDAHO )
)ss.
County of Ada )
On this day of MayJune, 2024, before me a Notary Public in and for said State,
personally appeared , known or identified to me to be the
manager or a member of L& G Murgoitio,LLC,or the person who executed the instrument on
behalf of said limited liability company and acknowledged to me that such limited liability
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at
My commission expires
STATE OF IDAHO )
ss.
County of Ada )
On this day of , 2024, before me, a Notary Public, personally
appeared Tammy De Mle rd and C. ay ColesRobert Simison and Christ Johnson, known or
identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the
instrument or the person that executed the instrument on behalf of said City, and acknowledged
to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at
My commission expires
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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EXHIBIT B
COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER
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EXHIBIT C
SITE PLAN
I �
;a
DRAFT
� 1
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