HomeMy WebLinkAboutCC - Memo from Applicant on Second Modified Development Agreements
Charlene Way
From:Sonya Allen
Sent:Wednesday, August 14, 2024 2:57 PM
To:Clerks Comment
Subject:FW: Timber Creek Recycling - Updated Application Materials
Attachments:Second Modified Development Agreement (Meridian_Murgoitio) 8_13_2024.PDF;
SECOND MODIFIED DEVELOPMENT AGREEMENT (Meridian_Murgoitio) 8_13_
2024.PDF; REDLINE - Second Modified Development Agreement (Feed Revision Only)
8_13_2024.PDF
From: Justin Cranney <Jcranney@hawleytroxell.com>
Sent: Tuesday, August 13, 2024 4:54 PM
To: Bill Nary <bnary@meridiancity.org>; Sonya Allen <sallen@meridiancity.org>
Subject: FW: Timber Creek Recycling Sign Proof of Posting \[IWOV-IMANAGE.FID2057427\]
External Sender - Please use caution with links or attachments.
Bill and Sonya,
Mike Murgoitio forwarded me the email below from Sonya about Section 5.2.1 and asked me
to respond
The revisions to Section 5.2.1 were not intended to eliminate “feed” from the “Recycling
Activities”. The revised Section 5.2.1 provides that TCR is entitled to accept, process, utilize
and sell the Recycled Materials on the Recycling Property – which would include the
processing and transporting of Recycling Materials for feed. The list of the types of Recycling
Activities identified in Section 5.2.1 is not an exclusive list of the Recycling Activities permitted
under the Second MDA, but merely examples of Recycling Activities which Timber Creek can
perform on the Recycling Property.
However, as this seems to be a concern for the City, I have updated the Second Modified
Development Agreement to add “feed” to the non-exclusive list of examples of Recycling
Activities. Attached is the revised Second MDA, a redline showing only the changes made to
Section 5.2.1 (“Feed Revision Only”) and a new redline showing all changes, including the
revisions to Section 5.2.1 relating to feed.
Please let me know if the City has any remaining concerns about the production,
transportation and sale of feed as part of the Recycling Activities or the non-exclusive nature
of the examples of Recycling Activities given in Section 5.2.1. We would prefer to avoid any
misunderstanding or misinterpretation now as it will be simpler to address at this point in the
transaction, rather than after the Second MDA is approved and enforcement is at question.
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Thanks
JUSTIN T. CRANNEY
PARTNER
P: 208.388.4837
F: 208.954.5934
E: jcranney@hawleytroxell.com
hawleytroxell.com
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From: Sonya Allen <sallen@meridiancity.org>
Sent: Friday, August 9, 2024 9:07:28 AM
To: Mike Murgoitio <mike@timbercreekrecycling.com>
Subject: RE: Timber Creek Recycling Sign Proof of Posting
Hey Mike, clarification on your DA modification request….did you intend for “feed” to be removed from Section 5.2.1?
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Sonya Allen | Associate Planner
City of Meridian | Community Development Department | Planning Division
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Direct/Fax: 208-489-0578
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