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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW, �(EFJDIAN%-,
FINAL DECISION,AND ORDER I D A H O
Date of Order: December 17, 2024
Case No.: H-2024-0032 (Timber Creek Recycling—MDA)
Applicant: Engineering Solutions,LLP
In the Matter of: Request for modification of existing development agreement (H-2018-
0042,Inst.#2019-053058)
Pursuant to testimony and evidence received regarding this matter at the public hearing before the
Meridian City Council on August 20, 2024, September 17, 2024, November 12, 2024, and
December 17, 2024, as to this matter, the City Council enters the following findings of fact,
conclusions of law, final decision, and order.
A. Findings of Fact. The City Council finds that:
1. The facts pertaining to the property at issue, located on the northwest corner of S. Locust
Grove Rd. and E. Columbia Rd. ("Property"), L&G Murgoitio, LLC's request, and the
notices and hearings are set forth in section III(A) of the December 17, 2024 staff report for
Case No. H-2024-0032, which is attached hereto as Exhibit I ("Staff Report"). Section
III(A) of the Staff Report is incorporated in these findings of fact as though set forth fully
herein.
2. The Property was initially annexed into the City of Meridian by ordinance adopted by City
Council on January 26, 2016, and the initial development agreement was recorded on
January 27, 2016. Currently, the Property is subject to a first modified development
agreement (H-2018-0042), recorded in Ada County as instrument no. 2019-053058 ("June
11, 2019 MDA").
3. The modifications requested by L&G Murgoitio, LLC and approved by City Council on
December 17, 2024 reflect changes to the June 11, 2019 MDA proposed by L&G Murgoitio,
LLC over the course of the public hearings. Modifications to the June 11, 2019 MDA that
L&G Murgoitio, LLC requested at the respective hearings are attached, and may be
summarized, in relevant part, as follows:
a. September 17, 2024 public hearing: Per the proposed modified development agreement
attached hereto as Exhibit 2, among other modifications to the June 11, 2019 MDA,
L&G Murgoitio, LLC proposed to:
1) Eliminate the list of materials that Timber Creek Recycling ("TCR") may use for the
Recycling Activities, and instead agree to use only materials not prohibited by the
Idaho Department of Environmental Quality ("IDEQ") or Central District Health
("CDH").
2) Eliminate the list of allowed Recycling Activities, and instead agree to undertake
only activities not prohibited by IDEQ or CDH.
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 1
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3) Remove the daily limitation on the number of trucks delivering materials to the
Property.
4) Add a commitment to keep the Property free of public nuisance conditions.
5) Amend the deadline for TCR to cease the Recycling Activities on the Property, from
June 11, 2029 (under the June 11, 2019 MDA) to five (5) years from the date of
execution of the modified development agreement, with an option for L&G
Murgoitio, LLC to request an extension following City Council review.
6) Provide that if the Property were sold to a developer, TCR would be permitted to
continue operating, at the purchasing developer's discretion.
7) Toll all deadlines in the event the modified development agreement is challenged or
appealed.
b. November 12, 2024 public hearing: Per the proposed modified development agreement
attached hereto as Exhibit 3, among other modifications to the June 11, 2019 MDA,
L&G Murgoitio, LLC proposed to:
1) Keep the list of materials that TCR may use for the Recycling Activities, but clarify
that "cheese whey WAS" is categorized as food waste, and is therefore permissible
for use for Recycling Activities.
2) Keep the list of allowed Recycling Activities, with no material changes to the list in
the June 11, 2019 MDA.
3) Keep the daily limitation on the number of trucks delivering materials to the
Property, with no material changes in that regard to the June 11, 2019 MDA.
4) Add a commitment to keep the Property free of public nuisance conditions.
5) Amend the deadline for TCR to cease the Recycling Activities on the Property, from
June 11, 2029 (under the June 11, 2019 MDA) to December 31, 2027, and require
that TCR follow a transition plan with milestones for progressively lessened use of
the Property for Recycling Activities over time, until the December 31, 2027
Termination Date.
6) Provide a schedule of graduated administrative fines to be applied in the event of
TCR's failure to comply with the transition plan.
This version did not provide that if the Property were sold to a developer, TCR would be
permitted to continue operating, at the developer's discretion; nor did this version
propose to toll all deadlines in the event the modified development agreement is
challenged or appealed.
c. December 17, 2024 public hearing: Per the proposed modified development agreement
attached hereto as Exhibit 4, among other modifications to the June 11, 2019 MDA,
L&G Murgoitio, LLC proposed to:
1) Add, as an exhibit, a more specific list of permitted materials; and eliminate as
materials permitted for use for the Recycling Activities the miscellaneous category
of"other materials . . . which are of the same category as the materials identified . . .
or are intended for agricultural uses."
2) Keep the list of allowed Recycling Activities, with no material changes to the list in
the June 11, 2019 MDA.
3) Keep the daily limitation on the number of trucks delivering materials to the
Property.
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 2
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4) Add a commitment to keep the Property free of public nuisance conditions.
5) Amend the deadline for TCR to cease the Recycling Activities on the Property, from
June 11, 2029 (under the June 11, 2019 MDA) to June 30, 2027, and require that
TCR follow a transition plan with milestones for progressively lessened use of the
Property for Recycling Activities over time, until the June 30, 2027 Termination
Date.
6) Commit to posting signs on the Property, facing S. Locust Grove Road, and
Columbia Road, stating that the facility will close on June 30, 2027.
This version did not provide a schedule of graduated administrative fines to be applied in
the event of the TCR's failure to comply with the transition plan.
4. City Council's action on L&G Murgoitio, LLC's request is subject to Idaho Code section
67-6511A, which states that a development agreement "may be modified only by the
permission of the governing board after complying with the notice and hearing provisions of
section 67-6509, Idaho Code."
5. City Council's action on L&G Murgoitio, LLC's request is further subject to Meridian
Unified Development Code section 11-5B-3(17)(2), which reads, in relevant part: "A
development agreement may be modified by the city or an affected party of the
development agreement. Decision on the development agreement modification is made by
the City Council in accord with this Chapter."
6. City Council's action on L&G Murgoitio, LLC's request is further subject to Table 11-5A-
2 of the Meridian Unified Development Code, which provides that the Director of the
Community Development Department (or staff designee) is to make a recommendation
regarding the request for a development agreement modification, and City Council is to
make the final decision, following a public hearing process set forth in 11-5A-6. Staff, City
Council, and the Applicant did follow this process, as detailed in Table 2, section II of the
Staff Report attached hereto as Exhibit 1, which table is incorporated as though set forth
fully herein. Compliance with this process does meet the notice and hearing requirements of
Idaho Code section 67-6509.
7. Testimony and evidence in opposition to the Applicant's request was received prior to and
on September 17, 2024, and on November 12, 2024. (The August 20, 2024 hearing was
continued due to a noticing error.) Such testimony and evidence may be summarized as
follows:
a. September 17, 2024 public hearing: Citizens testified about their concerns regarding
Timber Creek Recycling's current operations creating conditions of blowing dust, foul
odors, and unsightly materials; as well as noise from the grinder, truck traffic, processing
of waste-activated sludge (WAS), air pollution, and potential health impacts. Citizens
testified that the City should honor the June 11, 2019 MDA's commitment that the use
would cease when residential development was within 1,000 feet of the property, that the
use should have been subject to a conditional use permit, and that the current and
proposed ongoing use is incompatible with the residential and other uses in the area.
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 3
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b. November 12, 2024 public hearing: Citizens testified about their concerns regarding
accountability for compliance with the terms of the current development agreement and
operating plan, compliance with the proposed transition plan, air and water pollution,
processing of waste-activated sludge (WAS), truck traffic, and foul odors. A
representative of the developer of a nearby subdivision requested denial of the extended
operational period, or, alternatively, a requirement that the Applicant post a sign on the
Property announcing when operations would cease. Citizens testified that a two-year
closure deadline would be workable, and that the modified agreement should include
liquidated damages.
8. Testimony and evidence in support of the Applicant's request was received on September
17, 2024, and on November 12, 2024. Such testimony and evidence may be summarized as
follows:
a. September 17, 2024 public hearing: Citizens testified to say that the applicant's activities
divert discarded materials from landfills, that they emit little dust, and that there is a
need to continue the activities until another location in Nampa is operational. Citizen
testimony also suggested that dust may be attributed to unrelated truck traffic or
construction in the area.
b. November 12, 2024 public hearing: A citizen testified that he had testified against the
request at the September hearing, but had changed his mind to support the request after
touring the Property and learning about benefits of the Recycling Activities.
9. At the November 12, 2024 public hearing, representatives of the Central District Health
Department("CDH") testified that:
a. While CHD did issue warnings of operation plan violations related to odor complaints,
no formal notice of violation has been issued to Timber Creek Recycling for violation of
the operating plan approved by the Idaho Department of Environmental Quality.
b. No public health threat is associated with the recycling activities at Timber Creek.
10. Based on the testimony and evidence received, the City Council finds that it is in the best
interest of the City of Meridian to amend the June 11, 2019 MDA to incorporate the
modifications proposed in Exhibit 4, because such modifications will serve competing
interests by:
a. Clarifying which materials may be used for the Recycling Activities;
b. Providing an enforcement mechanism to Meridian Police Department, Code
Enforcement Division, in the event of a nuisance condition on the Property;
c. Providing a date certain for the cessation of Recycling Activities on the Property (June
30, 2027), which date does allow operations after the potential earliest deadline for
cessation under the June 11, 2019 MDA, but also provides assurance to the community
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 4
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that the Recycling Activities will cease earlier than the potential latest date allowed
under the June 11, 2019 MDA;
d. By following the transition plan, facilitating the cessation of the Recycling Activities
while also allowing TCR to continue providing the benefits to the community offered by
the operation; and
e. Notifying the public of the timeline for cessation of the Recycling Activities by the
posting of signs on the Property.
B. Conclusions of law. The City Council concludes that:
1. The modification of a development agreement is governed by the Local Land Use Planning
Act("LLUPA"), codified at Chapter 65, Title 67, Idaho Code, specifically Idaho Code
section 67-6511A, and City Council takes judicial notice of same.
2. Meridian Unified Development Code ("UDC") section 11-5B-3(F)(2) governs the
modification of a development agreement, and City Council takes judicial notice of same, as
well as of all current zoning maps and the City of Meridian Comprehensive Plan.
3. Though City Council received conflicting testimony, City Council's findings of fact are
supported by substantial competent evidence in the record per Price v. Payette County
Board of County Commissioners, 131 Idaho 426, 429 (1998) and Davisco Foods
International, Inc. v. Gooding County, 141 Idaho 784, 789 (2005).
4. Pursuant to Idaho Code section 67-6503, the City of Meridian has properly exercised the
powers conferred by LLUPA.
C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby
grants Applicant's request for modification of the June 11, 2019 MDA as set forth in Exhibit 5
hereto.
D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of
the governing body of the City of Meridian.
E. Judicial review. Pursuant to Idaho Code section 67-6521(1)(d), if this final decision had
concerned a matter enumerated in Idaho Code section 67-6521(1)(a), within twenty-eight (28)
days after all remedies have been exhausted, including requesting reconsideration of this
final decision as provided by Meridian City Code section 1-7-10, an affected person
aggrieved by this final decision would have had the opportunity to seek judicial review of
this final decision as provided by Chapter 52, Title 67, Idaho Code. This notice is provided
as a courtesy; the City of Meridian does not admit by this notice that this decision is subject
to judicial review under LLUPA.
In the Decision entered on November 24, 2021, in Brown et al. v. City of Meridian (Ada
County Fourth Judicial District Case no. CV01-19-06894), District Judge Derrick J. O'Neill
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 5
DRAFT
held that City Council's decision to modify a development agreement is not a matter
enumerated in Idaho Code section 67-6521(1)(a), and is therefore not subject to judicial
review.
F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-6521(1)(d)
and 67-8003, an owner of private property that is the subject of a final decision may submit a
written request with the Meridian City Clerk for a regulatory takings analysis.
IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 17th day of
December, 2024.
Robert E. Simison
Mayor
Attest:
Chris Johnson
City Clerk
FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER
Case No.H-2024-0032(Timber Creek Recycling) Page 6
Exhibit I
COMMUNITY DEVELOPMENT C��fEPIDIAN*,,
DEPARTMENT REPORT
HEARING December 17,2024 - @
DATE: Continued from:August 20 and
September 17 and November 12, 2024
TO: Mayor& City Council
� 1
FROM: Sonya Allen,Associate Planner
208-884-5533 - `-----1--
1
I I_
sallen@meridiancity.org
APPLICANT: Engineering Solutions,LLP e `
SUBJECT: H-2024-0032 legend
Timber Creek Recycling—MDA Project location
'� Area of Impact
LOCATION: Northwest corner of S. Locust Grove Rd. `- city limits
and E. Columbia Rd.,in the SE 1/4 of 0 Analysis
Section 6, T.2N.,R.IE.
I. PROJECT OVERVIEW
A. Summary
Modification to the existing development agreement(H-2018-0042, Inst. #2019-053058)to further
clarify the current and future permitted uses and timelines,create guidelines to allow for efficient and
continued use of the property, and ensure the operation is meeting all State and Federal guidelines.
B. Issues/Waivers
None
C. Recommendation
Staff: Staff recommends denial of all proposed changes to the DA that expand, extend and/or intensify
the existing approved use and approval of other changes as noted in Section III below.
D. Decision
To be determined
II. COMMUNITY METRICS
Table 1: Land Use
Description Details
Existing Land Use(s) Recycling&composting of materials
Proposed Land Use(s) No changes proposed
Existing Zoning R-4(medium low-density residential)
Future Land Use Designation LDR(Low-density Residential)
City of Meridian I Department Report 1. Project Overview
Table 2: Process Facts
Description Details
Preapplication Meeting date 5/14/2024
Neighborhood Meeting 4/30/2024
Site posting date 8/7/2024 and 9/4/2024
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code(UDC)
A. History
This property was annexed with an R-4 zoning district in 2016 as part of the larger South Meridian
annexation,which incorporated a total of 1,322-acres of land in south Meridian.A Development
Agreement(DA)was recorded for this property as a provision of annexation(Murgoitio LLC—Inst.
#2016-007075). The agreement allowed any currently allowed use in the County pertaining to raising
and maintaining livestock; discharge of firearms; currently stored or maintained farm equipment,
vehicles,materials necessary for the agricultural operation of the property, etc. to remain on the
property; and continued operation of Timber Creek Recycling on the property as an interim use,until
such time as the property is developed in the future. The agreement outlined the primary activities of the
recycling business,including the type and amounts of materials delivered to the site daily from the Ada
County Landfill and miscellaneous contractors (i.e. wood,grass,leaves, sheetrock and other materials);
and the recycling activities that were approved to operate on the site. It also included details on the
termination of recycling operations on the site.
A modification to the DA was approved by City Council in 2019 [L& G Murgoitio,LLC (H--2018-
0042)—MDA Inst. #2019-053058],which replaced the original DA. The amendment added a
commercial composting component and retail sales to the existing recycling operations on the site and
included a concept plan depicting the layout of the site and location of specified operations. Materials
proposed for composting consist of food and garden waste and demolition debris; additional activities
and equipment associated with the use were included in the agreement. The amendment also removed
the daily limit for deliveries to the site of certain types of materials resulting in unlimited deliveries.
Hours of operation for the composting program were also included.
On April 16,2019,a Petition for Judicial Review of the City Council's decision was filed by several
neighbors near the property. The parties litigated the matter for 2.5 years, and on November 24,2021,
the District Court entered a judgment upholding the City Council's Findings of Fact and Conclusions of
Law.
Many letters of testimony on the previous application were received by the City from nearby residents
for and against the proposed business expansion and DA amendment. A general summary of the
testimony includes the following concerns/comments pertaining to the proposed use: (see the public
record for more detailed information)
1) Increase in truck traffic entering/exiting the property and impact on adjacent roads and traffic
(suggestion to limit truck traffic to non-commuting hours to reduce traffic conflicts of trucks using two
lanes to turn at the Columbia/Locust Grove intersection);
2)Increase in dust generated from the existing and proposed use and mitigation thereof,
3)Increased noise generated from heavy equipment,grinders and trucks and impact on residential
neighbors;
3) Size and height of recycling materials piles and potential fire hazard of compost piles;
4)Unpleasant odors generated from decomposition of materials(food and waste)to be recycled and
pests (i.e. rodents,birds, skunks, flies,bees,mosquitos, etc.)-suggestion to require regular inspections
to ensure best practices for recycling/composting are being practiced to reduce issues;
City of Meridian I Department Report III. Staff Analysis
5)Unsightly landscape of the site(i.e. trash, stock piles of materials to be recycled, etc.);
6)Limitation of business hours that the recycling operation is open to the public and that recycling
activities occur to reduce impacts of light pollution and noise on neighbors;
7)Require fencing around the perimeter of the site to prevent future conflicts between the business and
area residents;
8)Reduced residential property values and a less desirable location with the proposed use;
9) Concern pertaining to water quality(potential for toxins leaching into the water)and water table;
increased risk of contamination of surface and groundwater(leachate)from the facility which borders an
irrigation canal;
10)Negative impact on quality of life for adjacent residents(excess dust,noise, odor, appearance of
site);
11) Support of proposed recycling operation which will reduce trash in landfills and is good for the
community and environment;
12) Success of composting program in the City of Boise and benefit for residents;
13)Emission of bioaerosols(airborne particles that contain live organisms or were released from living
organisms,may contain bacteria, fungi,viruses,microbial toxins,pollen,plant fibers, etc.) from
composting activities which may pose a hazard to susceptible members of the public;
14)Need for improvements to infrastructure to support homes that are currently under development in
the area and increased traffic from large commercial trucks from the proposed use;
15) Industrial/commercial use does not belong in residential area that is continuing to grow with
families;
16)High winds in this area blowing trash onto adjacent properties;
17)Potential for insects drawn to the proposed use to carry disease to residents,pets and livestock on
neighboring properties; and,
18)Potential contamination of soil.
Table 3: Project Overview
Description Details
History H-2015-0019 South Meridian(Murgoitio LLC—Inst.#2016-007075);H-
2018-0042(L&G Murgoitio,LLC—MDA Inst.#2019-053056)
Acreage 80.52-acres
B. General Overview
The Applicant requests a modification to the existing development agreement(H-2018-0042, Inst.
#2019-053058)to further clarify the current and future permitted uses and timelines, create guidelines to
allow for efficient and continued use of the property, and ensure the operation is meeting all State and
Federal guidelines. This modification, if approved,will replace the previous DA in its entirety and
removes the parcel(i.e. Parcel 2) from the agreement located on Lake Hazel Rd.where some business
operations were occurring as that property has since redeveloped. The existing site plan,included in
Section VI.B below is proposed to be replaced with the updated site plan in Section VI.C.
C. Staffs Analysis
The Applicant has submitted a full version of the proposed amended DA in strike-out/underline format
showing the existing text and proposed changes to the agreement, which is included in the public record
and also linked in Section VI.D below. An updated version was submitted after the last Council meeting
based on the proposed new Phased Transition Plan for Council's consideration(see link in Section VI.D.
City of Meridian I Department Report III. Staff Analysis
Another updated version was submitted after the Council hearing on November 12'h as directed by City
Council. The Applicant's narrative describing a summary of the proposed changes is also included in the
public record.
The main changes proposed to the agreement are as follows: (Staffs analysis of the proposed change is
included in italics below each item)
• The list of materials received on the site for recycling,which are currently specified, are
proposed to be removed to allow"any"materials,provided they're not prohibited by the Idaho
Department of Environmental Quality(IDEQ) and Central District Health(CDH) (i.e. #5.1); a
provision has been added that clarifies recycled materials do not include biosolids as defined by
IDEQ(i.e. #5.1).
Staff is in favor of clarifying that biosolids are not an allowed recyclable material on the site.
Of particular concern is the processing of a product called Waste Activated Sludge (WAS),
which is sludge produced from a non-municipal wastewater treatment or disposal facility.
According to IDEQ, Timber Creek Recycling is currently processing WAS at this property.
Assuming this is processed into a soil amendment for agricultural use, this is allowed under the
current development agreement. However, it is unclear whether this is allowed under the
currently approved IDEQ/CDH operating plan.
Staff is not in favor of removing the specific materials that are allowed due to possible
negative impacts from new materials on adjacent residential neighbors, which could result in
issues that aren't able to be addressed by Code Enforcement. Listing specific materials
provides clear direction on what materials are and are not allowed to be recycled on the site_—
the Applicant has rescinded their request for removal of specific materials from the DAd
included an undated list of materials in Exhibit F of the proposed amended DA, which
includes new materials in addition to those previously included. mCit, ca— it does.appr-eve
• Clarification that recycling and associated activities will not include any materials or activities
that are prohibited by IDEQ or CDH and removal of the description of each activity(i.e. #5.1).
Staff is in favor of clarifying that recycling and associated activities won't include any materials
or activities that aren't allowed by IDEQ or CDH. However, Staff is not in favor of removing the
descriptions of each activity as the descriptions provide clear direction on what activities are
allowed to occur on the site.An amended DA was submitted since the last hearin on
November 12`h that retains the description of each recycling activity(Le. #5.21.
• Addition of a stand-alone nuisance provision in section 6.9.5,by which the parties agree that the
City may enforce the City nuisance code on this propertY.
Staff is in favor of the addition of this provision.
• The existing agreement specifies the operation of Timber Creek Recycling on the portion of the
site depicted on the site plan as "Recycling Property"is allowed to be conducted on the property
for a maximum period of 10 years from the date City Council approved the signed DA,which
was on 6/11/2019. The use would terminate on 6/11/2029 unless Timber Creek submits a request
for Council to review the recycling activities(no later than one(1)year prior to the expiration
date)and determine whether to permit the recycling activities to continue (i.e. #4.8).
The Applicant proposes to remove the maximum operating period of the recycling activities on
the site and includes a 5-year maximum timeline on composting activities with an option for an
extension(i.e. #6.14.1). The Applicant states the change is necessary to meet the requirements of
IDEQ,providing a hard deadline.Since the last hearing on Sept. 17`h, the Applicant met with the
neighbors and based on testimony presented at the public hearing and feedback from nei hg bors,
a Phased Transition Plan was submitted for the next three (3)years°or all operations to be
City of Meridian I Department Report III. Staff Analysis
completed by December 2027, included in Section VLF of this report and in the proposed
amended DA as Exhibit E. The Plan focuses on the following issues: odor, dust, volume and
accountability and proposes a timeline for addressing these issues.Ater the hearing on Nov.
12`h, the Applicant submitted an undated transition elan as directed by Council with a six(6)
month shorter termination date of June 30, 2027, at which point all recycling activities on the
property shall cease.A 3rd amendment to the Plan was submitted that's included in Section
VI.F;than es are included in a red box.
Staff is not in favor of the proposed change to remove the maximum time period of 10 years
for recycling activities or the new proposed 5-year timeline for composting activities. Staff
recommends the existing timelines remain for the overall use and that the composting use is
included in the provision.
• Inclusion of a statement requiring compliance 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(#6.2). 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. If a violation is found, actions to be taken by Timber Creek are included.
Staff is in support of this change.
• Removal of the truck limitation requirement(i.e. 56 truckloads per day). The Applicant states
the change is due to the difficulty in keeping track of the number of vehicles and the burden it's
placed on operation of the facility(i.e. #6.6.3).
Staff is not in support of removing the truck limitation as it could result in a much greater
number of deliveries to the site, which could negatively impact traffic and neighbors in the
area and leave Code Enforcement with no way to address issues if they arise. Since the last
hearing on Nov. 12", the Applicant submitted an amended DA that retains the truck limitation
requirement.
• Removal of the requirement for operations to cease on the site within 30 days of the City
granting a Certificate of Occupancy to any new residential or commercial development within
1,000 feet of the recycling property(i.e. #6.8.2).
Staff is not in favor of removing this requirement as the use will likely negatively impact
future residents in this area as existing residents have complained about the negative impacts
they've experienced from the facility. Land has been annexed into the City within 550 feet of
the facility for the development of Hadler Subdivision northeast of the site;a final plat has
been approved within 675 feet of the facility—the first Certificate of Occupancy will likely be
issued within the next year, which will require recycling operations to cease on the site.In lieu
of removing this requiremen4 a transition plan was submitted. included in Section VLF
May-
City of Meridian I Department Report 111. Staff Analysis
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• An updated site plan is included in Section VI.0 below;the existing site plan is included for
reference in Section VI.B.
Staff is amenable to replacing the existing site plan with the updated site plan as it appears to be
generally the same. They has withdrawn the request to update the site elan.
• Removal of Parcel 2 from the boundary of the property subject to the amended DA due to that
property being redeveloped into residential lots; see legal description and exhibit map included
below in Section VLE for property subject to the amended DA.
Staff is in favor of updating the area subject to the amended DA.
• Inclusion of two(2)new sections: 9.3 Failure to Comply with Transition Plan and 9.5 Remedies
against Timber Creek. These sections detail remedies the City will have if Timber Creek fails to
comply with the obligations or deadlines set forth in the Transition Plan,which include
monetM penalties to the City in the event Timber Creek is in default of the Transition Plan
following notice and opportunity to cure.
Staffdoes not obiect to the addition of these provisions. These sections were removed in the
amended version of the DA at the request of the City Attorney.
In summary, Staff recommends denial of all changes to the DA that expand,extend and/or
intensify the existing approved use.
To date,tree(3)many letters of public testimony against expansion and extension of the existing use
have been received(see public record for more information).
City of Meridian I Department Report III. Staff Analysis
IV. AGENCY COMMENTS
Agency comments may be accessed in the proiect file, included in the public record.
V. ACTION
A. Staff:
Staff recommends denial of all proposed changes to the DA that expand, extend and/or intensify the
existing approved use and approval of other changes as noted in Section III above.
A. City Council:
The Meridian City Council heard these items on August 20th, September 17th and November 12'. At the
hearing on November 12th. Council voted to approve the proposed MDA application.
1. Summary of the City Council public hearing:
a. In favor: Caleb Lakev,Applicant's Representative; Mike Murgoitio.Applicant; Becky
McKay, Engineering Solutions(Applicant's Representative)
b. In opposition: Quinn Black; Joann Tima; Clancy O'Hara;Lou Murgoitio;Ken McAfee;
Brenda Blitman; Troy Allen; Anna Canning, Centurion Engineers (on behalf of
neighboring=property owner); Tony Mayer; Marla Fund; Gena Russell; Todd Edgar; Ken
Jantz;Billie Jean Black;Jim Cox; and Debbie Allen.
c. Commenting: Lori Badigian&Michael Reno, Central District Health Dept.; Lacy Iooi•
Joanne Tima,Jonathan Fewkes, Brenda Blitman, Elizabeth Koeckeritz on behalf of Black
Rock Homes;Justin Crannev
d. Written testimony: Many letters have been submitted(see public record)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: Lacy Ooi, Code Enforcement
2. Key issue(s)of public testimony:
a. Negative air quality from it n�ding of concrete and odor generated from use;
b. Health concerns due to silica dust in the air generated from the site;
c. Water and air quality concerns for children and residents in the area;
d. In support of the recycling services provided by this business and reduction of waste in the
landfill;
e. Odors from the facility smell like human waste and rotting flesh and fine white dust
concrete,rocks?l generated from the facility—would like to see the uses associated with
these issues cease. The use doesn't belong in residential neighborhood. Lack of fairness
involved—other industrial users have to have approval to operate and be in an industrial
Um
f. The use doesn't comply with the UDC—purpose statement of the district,non-conforming
use,not requiring a CUP for the use, etc. Code violations on the site, including the use
being a public nuisance.
Concern due to cancer causing toxins in the air;request for a narrower timeline to off-load
to other site in Nampa;
h. Request for concrete and rock crushing and sludge be immediately removed.
i. No public opportunity to comment on the use originally;use should have gone through a
conditional use permit; limited accountability of the user; against extension of use;
Frustration that none of the agencies seem to be able to make a decision on whether or not
the Applicant is operating in violation of the DA and/or applicable regulations.
k. Update from Central District Health on notice of violations on the site.
1. Update from City code enforcement on process for handling complaints and concern
pertaining to the proposed 30 day notice to vacate.
M. Request for a shorter operating time than 3 years.
3. Key issue(s) of discussion by City Council:
City of Meridian I Department Report V. Action
a. Work with Staff and the Legal Dent.to work on a plan that would fully decommission the
site within two(21 years.
b. Cease all operations on the site by April 1,2027.
c. Continue this application until April 1 st and keep public hearing open—is there any
additional info or timeline that we're seeking from the Applicant to give greater
clarification.
d. The Applicant's proposal to shut down all operations by June 30.2027.
e. Continue to December 17t'in order for the Applicant to come back with a revised DA with
a six month shorter timeline,revise the Phased Transition Plan accordingly to cease all
operations by June 30,2027. Draft Findings for approval would also be prepared for
review by Council. The Applicant should include a list of all materials to be accepted for
recycling. The Applicant should include signage on the property for when operations on
the site will cease.
4. City Council change(s)to Staff recommendation:
a. None
City of Meridian I Department Report V. Action
VI. EXHIBITS
A. Aerial Photo
F-
dJ
1
3,
Y
4
Project Location
Area of Impact
Analysis
City of Meridian I Department Report VI. Exhibits
B. Existing Site Plan(No changes are nronoKW
Ito - - -- -
I
I
City of Meridian Department Report VI. Exhibits
Q Proposed Site —Withdrawn
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City of Meridian Department Report VI. Exhibits
D. Proposed Amended Development Agreement
Copy the following links for these documents, contained in the project file, into a separate browser:
Links:
Redline version of proposed DA:
https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=377748&dbid=0&repo=MeridianCity
Clean version of proposed DA:
https://weblink.meridianciV.ory/WebLink/DocView.aspx?id=377747&dbid=0&repo=MeridianOU
City of Meridian I Department Report VI. Exhibits
E. Legal Description of Property Subject to the Amended Development Agreement
EKHIBIT A
ANNEXATION LIESCRIPTION
FOR THE
CITY OF MERIDIAN,IDAHO
L&G MURGOITIO,LLC-PARCEL NO.2
A parcel located in the E h of the SE % of Section 6, Township 2 North, Range 1 East, Boise
Meridlan,Ada County,Idaho,more particularly described as follows:
BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE of the
SE ,from which an aluminum cap monument marking the northeasterly corner of the SE A of
said Section 6 bears N 0'04'44"W a distance of 2655.72 feet;
Thence N 89°21'59"W along the southerly boundary of Bald E�5 of the SE 1G a distance of 1323.88
feet to the southwesterly corner of said E%of the SE%;
Thence N U'02'17"W along the westerly boundary of said E�i of the SE N a distance of 2655.45
feet to the northwesterly corner of said E 14 of the SF%;
Thence S SF22'37" E a distance of 1321.98 feet to an aluminum cap monument marking the
northeasterly corner of said E M of the SE%;
Thence S 0°04'44" E along the easterly boundary of Bald E h of the 5E y4 a distance of 265532
feet to the POINT OF BEGINNING.
This parcel contains 80.64 acres.
NOTE. This descriptlon was prepared using record information including Record of Surveys,
subdivision plats and deeds acquired from the Ada County Recorder's office. No Meld survey has
been performed.
Prepared by; Glenn K. Bennett,PLS PF1
Clv115urvey Consultants, Incorporated so �
C�cto6er 13,2015 082 0
Of
K.
Meridian City Caunsil Meeting Agenda June 11.2019— Page 170 of 396
City of Meridian I Department Report VI. Exhibits
EXHIS1T A
SKETCH TO ACCOMPANK ANNEXATION DESCRIPTION FOR THE
CITY OF MERIDIAN LOC,4TED IN THE E 112 OF THE SF 114
OF SECTION 6, TOWNSHIP NC TI-1, RANGE 1 EA1 ST,
SOISE MERIDIAN, AAA COUNTY,, I AH0
5 8.9�2:37" � T321.96'
SCALF J=4pp'
+r, PARCEL Jkcs
a 4
CSC UMSI4 IPW ,5 S
F 116 N 897 59" W 1.32.3.$8' 7 8
PONT OF
p L LA,y� BEG+ViNl++i4G
5082
CIVIL SURVEY CONSLILTAWS, INC.
2803 SOUTH MERIDIAN ROAD
4' d7 MERIDIAN, IDAHO 8K42
(248)868-4312
Mendan City Council Meeting Agenda Juna 11, — Page 181 of 396
City of Meridian I Department Report VI. Exhibits
F. Phased Transition Plan—REVISED
Revisions shown in red box
EXHIBIT tEL
TRANSITION PLAN
Timber Creek Recycling
"Enginea6ng wastes to its highest and best use"
Daze; December 3,2024
Phased Transition Plan for the Meridian Compost Site
7695 S. Locust Grove Rd
Meridian, ID 8 642
City of Meridian I Department Report VI. Exhibits
°�o of total Cheese
Phase FOCUS 202Tirning WAS diverted
Odor
n Stop regularly receiving Cheese WAS Q1 Q2 Q3 Q4
1 on Weekends at the Meridian site!
7T Conduce experiments of Ca(cium
Hydroxide,"lime"(Ca(OH)a1.add ition
to Cheese WAS at Meridian site.
(Comptate o Coordinate with Sorrento Lactalis on
by procurement of equipment far addition
December of"line"to Cheese WAS at Sorrento
2024)
plant
Dust
o Effective November 1",no more
ConcretelAsphatilTileJPorcelaind Brick
accepted at the Meridian site Q1 Q2 Q3
o Continue regular dust control
measures(i.e.water truck)
Volume
Q1 Qz Q3
o At least 25%of the inbound
Cheese WAS diverted from the
Meridian site zs
Accountability
o Present final Transition Plan to Q1 Q2 Q3 Q4
Meridian City Council
o Begin drafting a Tier II
Composting Facility"closure
plan"for DEQ and CDH approval
City of Meridian I Department Report VI. Exhibits
Phase Focus 2025 Timing °Q of total Cheese
WAS diverted
Odor
c Pilot,full scale addition of'time"to Qt Q2 Q3 Qd
#2 inbound Cheese WAS at the Sorrento
ttL Cheasa Plant 1
a Incorporate treated Cheese WAS
into compost process at Meridian
(Complete Site and monitor for effectiveness
ay (01)
December a ongoing coordination with orrento
2025) Lactali9 for addition of"Iime"
o Fully implement"lime"addition to
Cheese WAS as a odor control
measure,so tang as testing was
successful(Q2]
Dust
o Final crushing of
CvncretafAsphalt/TilelPorceivin!
Brick at the Meridian Site(Q1) I Q1 Q2 3
s` Continue regular dust controt
measures(i.e.,water truck)
Volume
o Complete engineering for additional Q1 Q2 Q3 Q4
ASP pad(1 of 2)at the Nampa site
(Q2)
c; Additional ASP pad(1 of 2}under �!6
construction at the Nampa site(03l
o Additional 25%of inbound Cheese
WAS diverted from the Meridian site
(Q4)
Accountability
c Quarterly inspections with Meridian Q1 Q2 Q3 Qd
CitV Cade Enforcement
c Closure signage posted(Q2)
o Complete a draft ctcsure plan in
coordination with CDH and DEQ
City of Meridian I Department Report VI. Exhibits
Phase Focus 2026 Timing %of total Cheese
WAS diverted
Odor
n Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4
3 odor control measures
Dust
(Complete ❑ Continue regular dust control
by measures(i.e.,water truck) Q1 Q2 Q3 �
peCert3ber
2425) Volume
o Complete ongineeringforadditionat
ASP pad(2 of 2)(Q2) Q1 Q2 Q3 Qd
a Addi#ional ASP pad{2 of 2)under
construction at the Nampa site(Q3) 7oo4b
c IDO%of the Cheese WAS diverted
from the Meridian site(Q4)
Accountability
Quarterly inspections with Meridlan Q1 Q2 Q Q4
City Code Enforcement
o Finalize Tier 11 Composting Facit)ty
Closure Plan with IDEA and CDH(W)
Phase Focus 2027 Timing % of total Cheese
WAS diverted
Odor
No cheese WAS received at the Q1 Q2
#4 Meridian site
Dust
(complete o Continue regular dust control
by mea5UreS(i.e.,vwatertruck)
30 June
2027)
VO lLl t17 t3
o Sale or transfer of remaining tom`
inventory Q1 Q2
o Movement of ccmpostfrecycLing
materials and infrastructure off
of the Meridian site
Accountability
a Quarterly inspection vAth
Meridian City Codes QZ
Enforcement:(Q 1)
o Final site walk through with
Meridian Code Enforcement
(Q2)
Final Tier Il site Close outwith
CDH and aE 2
City of Meridian I Department Report VI. Exhibits
Exhibit 2
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
SECOND MODIFIED DEVELOPMENT AGREEMENT—
L&G Murgoitio,LLC- T1 7!lrc-zv 19 0042-Page 1
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55663.0027.17148968.3
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 dat
januany 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:
SECOND MODIFIED DEVELOPMENT AGREEMENT-
L&G Murgoitio,LLC- T1 2019 0042-Page 2
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55663.0027.17148968.3
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.
SECOND MODIFIED DEVELOPMENT AGREEMENT—
L&G Murgoitio,LLC- T1 7!lrc-zv 19 0042-Page 3
cc«z 0002 17 48969 i
55663.0027.17148968.3
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[]C1]:This
the ,7 A Upon the F�h /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- tho ReeY,.lifi. A etiy;t;o4 .Ind Moton:ni..o.A,hotho.-to
.t Timber-Creek� the D li A tip t' Timber-C ek
pcizrrc�rrrnvcr-crcczr E6i}tli}ti� �cccper'rir�-rrc ��ic�:rniivci-ccc
SECOND MODIFIED DEVELOPMENT AGREEMENT—
L&G Murgoitio,LLC— T1 20 trc-zv 19 0042-Page 4
cc«z 0002 17 48969 i
55663.0027.17148968.3
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
SECOND MODIFIED DEVELOPMENT AGREEMENT-
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55663.0027.17148968.3
5.1.3 Leaves. Leaves arewill be delivered 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 willil the Reey,.1:, g
5.1.6 Car-den Waste. Garde t ;1� vvrl be deliivefed to the Reeyelinrg
5..17vthe Materials.Timber- CTeekis—allowed—to—aeeept�thef
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"). or
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 Activities) and the processing, transporting
and selling of Recycling Materials for feed for livestock or other agricultural poses.
5.2.1 a;r-inding The Reeyeling Materials may be gr-ound and
per-fefm ie , fidi ,
5.2.2 SeFeeHiRg The D effe ifig M to-ials before and after-
may be sereened. Sereening of any Reeyeling Materials may inelude the use of ,
boxes,trommels, hopper air systems,
loader-s and other- equipment necessary to ser-een the
Recycling T T-tZ—T-^1s
ffem the Reeyeling Pr-epefty for-feed for-livesteek E)r-other-agr-ieuhur-al uses, a-ad may be sold an
the Roeyeling PropeAy or to third pat4ies.
5.2.4 Composting The Reey,.ling AiT..t^,-ials may be eomposted on the
uses or ether-wise, and may be sold on the Reeyeling PrepeFty or-to third parties. Compost piles
shall be maifAained ift a fna+mef that does not ea-use of efea4e a ii+tisanee eendition ifieludifig,b
SECOND MODIFIED DEVELOPMENT AGREEMENT—
L&G Murgoitio,LLC— T1 201rc-zv19 0042-Page 6
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not lifnited to, edef, ethef fraisanee and'of other eonditioiis relative to inseets of! disease that
publie health and sa�� as set fefth in Mefidian City Cede 4 1 10. in additien te the remedies
-av-Ailf-Ah-le ah-r-ough the enfe-re-ot-affi-ea.4fit of this Agreement, the City may seek enfer-eement thfoug
5.2.2 Storing of Recycling Materials. The Recycled Materials—, both
befer-e and after- pr-eeessiag,-- shall be stored on the Recycling Property abefore
processing-. After processing the Recycled Materials may be stored or used on the balance of the
Property.
keep them &am beeeming a publie auisanee �s Elefine-A in _A14_e_-,Fid_JA_fl_ City Code (MGG) 4 2 1,1 Commented[3C2]:Moved
pr-oeedtir-es and penalties for- general nuisanees are listed in MCC 4 2 4. in addition to the to the new Section 6.9.5
remedies available through the enfomement of this Agr-eement, the Civy may seek enforcement
5.2.3 Miscellaneous Recycling Activities. Eftg-age-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.
Compliance. 5.3.3 Cem"�E2 with all federal, state and local entities with urisdiietieR Commented[7C3]:Moved
to the new Section 6.2
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Agrieultue, the Ada County Air-Quality Board, and the 1daho DepaFtment of Water
G-e—Mr-al -Distric-# We-akh 1)epaFtFnent, U.S. Envir-onmental Protection Agency, U.S. Depaftment o
The City may eonsidef a finding by one of these named ageneies ef viola4iens of theif
r-egula4ions to be a eause for-a viela4iaa of this Agreement. Timber- Creek shall t
( Complwith eenditions imposed on it by any and 11 of
afoFementioned entities with jufisdietion relating to
(b) Comply with n-iic
the to ,1 � ela iag to t,,o
cn� S—can�rc ti6nS� cnc
Reey,.1ing 1\R.,to,-;.,1s .,r the Reey,.1ing A etiyit;os ..4.;..1. ,v.
be—adopted, evised or- r-e interpreted by anyd! of
afoF0mentione l entities with jur-isdietion; and
al!of aforementioned entities with jur-isdietion.
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[Jc4]:The
accordance with applicable law, rules and regulations. 6.6,Section 6.9 and Section 6.1.1 revisions to the new Sections 3-
pp � 3
would re,,,,:re appr- vat as Timber Creek has obtained the necessary approvals to operate a Tier 2 have been revised to reflect the
composting facility Timber- Creel' shall satisfy all re a is e,] e„mpos - Tier 7 a sting completion of the requirements
empset forth in the corresponding
f6eilities by the 1daho DepaAment of Environmental Quality ("DEQ"). Timber Creek shall
Sections in the Modified
proside pfoof of sat;sfae fien of DEQ's requirements to the City prior- to composting a and is Development 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 as-i I '11 Ti -r- 2 approval pr-eeess that satisfies DEQ. Upon bei*g
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 SIDE 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 ae"ife and in tar 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 filuffler-s.
6.4.2 Landscaping. Timber Creek �T�it�maintain the trees and
other landscaping features on the Recycling Property iii a t of er as pr-es^r:hea 4^ ; which were
installed in accordance with MCC 11-3H-4D, , to mitigate the
sound generated on the Recycling Property by the Recycling Activities. Said landseaping shall
be installed 19rier to ean*nten-e-effi-eint of Tier- 2 eempasting -provided that the pilet programs faf
landseaping or befms as shown on the site plan. Tiffibef Creek shall provide notiee to the G4Y
when the!andseapiag set fei4h ift this Modified Agfeemef4 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 Iandseaping. 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 x cx xnxnucxv'xx of Reeyeling AetWiflesj. 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 MayAugust, 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—Mleerd 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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Exhibit 3
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 , 204-12024, 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 comnanv, 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
1.73AIKEREAS, the City, O�A%eE/Develeper-and Tiff�ber-Greek(as defined below)
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0
s peFmitted undef the Original Agreement, to allow for- the eontinued
use of the Pr-opef�y and the pefmit4ed futufe uses of the Pr-epefty; and
1�7 WHEREAS, the City and the Owner/Developer entered into that certain
Modified Development Agreement, dated June 11, 2019, recorded as
Instrument No. 2019-05 0058, Records of Ada County, Idaho ("Modified
Agreement"),to amend and replace the Original Agreement: and
1.8 WHEREAS, the City. 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 was approved and
executed that are necessary for the continued and future use of the
Property: and
19 4-.8WHEREAS, the City and the Owner/Developer agree to negotiate in
good faith and seek resolution to any conditions or circumstances that
existed at the time the Original Agreement and this Modified Agreement
were approved and executed that are necessary for the continued and
future use of the Property; and
1 1Q "WHEREAS, 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
1.11 440WHEREAS, the Meridian City Council, on the day of
�92024, 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
1.12 441-WHEREAS, the Findings require the Owner/Developer to enter into
this Agreement as a replacement to the Original Deye1 pme fft dat a
Ada County,Ida- eModified Agreement; and
1.13 443WHEREAS,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 444WHEREAS, 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,
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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:
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 party 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.
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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.
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,
processing 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—Allow Timber Creek Recycling—, LLC ("Timber Creek') to
o on the portion of the Property("Recycling Property")outlined on
the site plan("Site Plan")attached hereto as Exhibit"C"and incorporated
herein, as Timber Creek is currently eeadueted—operatine or may be
eoadu,-4ed-o e�in the future, whether under the name of Timber Creek
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Recycling , othe f name ef entity, for- maximzaffl period f for (1 m
(as defined below in Qeetion 5.2) shall eease; provided however-, t;
Timber-Crook m submit., plie.,tio to the City C..,,r e l to review the
Reeyelii g A etiy ties ra detor..aine whether to permit T;m of Crook to
year- period. Upon review, the City Gatineil may, at the Git, - ...
sole diser-etien- ) eleet-te gram or r-efuse to grant addition-altime to
Timber Creek to een"et the Reeyeling Aetivities oii the Reeyefing
Pr-epefty past the initial ten(10)year-per-ied; and b) shetild additieftal time
Aetiyities. r- tt,o City Getmeil a,.os Heat olo,.t t grant Timber- Crook
l.eyei,l the initial for (10) year- time period thei .,t the City Geth e l's
xA-zetiyities shall eease a-ad--call materials, eat, stmettric"Site
fnedifieations, ete. assec�ated vAith the-Reeyefing-Ae ivoyshall be
"use/eeiiditien In the event the City Cetffieil gr-ants Timber GrcFJ1c
upen-the e atienoftl-te additianal time in-meer-danee with the
foregoing-preeeduff eonditionss and timelines.-subject to the provisions
of Section 5 and Section 6 of this Agreement.
5. Operation of Timber- Creek n.,eyelingOPERATION 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 following materials (collectively "Recycled Materials") for Recycling Activities (defined
below):
5.1.1 Wood. Wood is and will be delivered to the Recycling Property
from the Ada County Landfill,Republic Services and other sources.
5.1.2 Grass. Grass clippings are and will be delivered to the Recycling
Property from Republic Services and other sources.
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5.1.3 Leaves. Leaves are and will be delivered to the Recycling
Property from the Ada County Landfill and other sources.
5.1.4 Sheetrock. Sheetrock and/or gypsum is and will be delivered to
the Recycling Property from Republic Services and other sources.
5.1.5 Food Waste. Food waste-. including Cheese Whey WAS. will be
delivered to the Recycling Property from Republic Services and other sources.
5.1.6 Garden Waste. Garden waste will be delivered to the Recycling
Property from Republic Services and other sources.
5.1.7 Other Materials. Timber Creek is allowed to accept other
materials to recycle which are of the same category as the materials identified in Sections 5.1.1
through 5.1.6 or are intended for agricultural uses.
5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize
and sell the Recycled Materials on the Recycling Property ("Recycling Activities"). For
purposes of clarity, but not limitation, the following are examples of the Recycling Activities
which are permitted on the Recycling Property:
5.2.1 Grinding. The Recycling Materials may be ground and
transported from the Recycling Property for animal bedding, soil amendment, other agricultural
uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding
process, Timber Creek may use loaders and excavators and other necessary equipment to
perform such grinding.
5.2.2 Screening. The Recycling Materials, before and after processing,
may be screened. Screening of any Recycling Materials may include the use of conveyors,
trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the
Recycling Materials.
5.2.3 Feed. The Recycling Materials may be processed and transported
from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on
the Recycling Property or to third parties.
5.2.4 Composting. The Recycling Materials may be composted on the
Recycling Property and transported from the Recycling Property for soil amendment, agricultural
uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles
shall be maintained in a manner that does not cause or create a nuisance condition including,but
not limited to, odor, other nuisance and/or other conditions relative to insects or disease that
affect neighboring properties, cause harmful vapors or constitute a risk to the environment or
public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies
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available through the enforcement of this Agreement, the City may seek enforcement through
abatement by civil action or code enforcement.
5.2.5 Storing of Recycling Materials. The Recycled Materials, both
before and after processing, shall be stored on the Recycling Property and after processing may
be used on the balance of the Property. IrThel f 6ailni�. u,xnar cnrc aSS.roOv;c Boa .,OUREIS Shc-Allc .o Commented[3Ci]:Moved
maintained in an orderly manner to keep them from beeeming a publie nuisanee as defined in to Section 6.9.5.
Mer-idian City Code (MCG) 4 2 1; pFeeedur-es and penalties for- general nuisanees aFe listed in
. . Miscellaneous Recycling Activities.
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), €ar-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.
5.2.7 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.
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�cvrirp:raac �.3 vmprrcli3Ee with all federal, siz'kte-and rivcfrreatztigS ,..-" C0111111ellted[7C2]:Moved
to Section 6.2.
> U.S-.
Water-Resourees. The City may eonsider-a finding by one of these Hafned ageneies of violations
ef their regulatieiis to be a eause for a viela4ion of this Agr-eenient. TimbeF CFeek shall take any
.+;vn+,
itczr -cam
aforementioned entities with jtir-isdietion r-ela4iag to
(a) Comply with eendifiefts impesed en it by any Effid all ef
(b) Comply with the rules and _ I - elating to thee
ov.titios. ,;+1. isdi.ti,.n. ..,4-.1
(e)Ctife or- Eerfeet defieieneies of issues idenrtifiea by anyand
al!of aforementioned entities with jurisdietion.
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:
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(a) Commercial vehicles,as defined in Idaho Code §49-123(d).
(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— Conaition-s and Liimritations to Operation of Timber Creek
RecyetingCONDITIONS 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 limited to the Idaho Department of Environmental
Quality ("IDEO"), the Central District Health Department ("CDHD"), 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 conviction or final order 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:
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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
6.2.3 Cure or correct deficiencies or issues identified by any and all of
aforementioned entities with jurisdiction.
6.3 ICompostingl. Composting on the Recycling Property shall be conducted in commented[7c3]:The
accordance with applicable law, rules and regulations. revisions to the new sections 6.3-
pp � 6.6,Section 6.9,and Section 6.13
wouldr-e"ir-eappr-eval as Timber Creek has obtained the necessary approvals to operate a Tier 2 are to reflect the completion of
composting facility Timber- Creek shall satisfy al eats imposed ^" Tier- 2 eOMPg^S+fl the requirements set fort in the
corresponding Sections in the
f4eilities by the idaho Depaftment of Eiwir-onmental Quality ("DEQ"). Timber Creek shall Modified Development
vide proof of satin aeti.n of DEQ's fe ents to the City prior- to e „stin' ^ and is Agreement.
currently operating a Tier 2 composting facility.
preeess-ate 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. Adept-atrContinue to operate under the odor
management plan
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-IDE to the City.
6.3.2 Compliance with DEQ—IDE and Central District Health.
Comply with all requirements of DRQ and the Central Dist jet Health Depa tme WIPIQ and
CDHD" =as part of the Tier 2 approval process. , Timber
Creek shall cooperate with DEQ-IDEA and CDHD 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 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.
Timbef Creek shall provide notiee to the City upon the in-st-All-Ati AM-;-of the ff mfflers.
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6.4.2 Landscaping. Timber Creek wi maintain the trees and
other landscaping features on the Recycling Property ' ,which were
installed in accordance with MCC 11-3H-4D, as :s depieted en the Site A ., to mitigate the
sound generated on the Recycling Property by the Recycling Activities.Said 4ndseaping shall be
installed prier to eommeneement of Tier 2 eomposting pr-ovided that the pilot programs for-
obtaining Tie- 2 designation, required by DEQ ffiF13 to the ..ist.,llat-i ,, A4 the'landseaping OF befms as shown on the site plan. Timber-Creek shall pfevide flofiee to the Cit-y
when the landseaping set f6fth in this Medified Agr-eefneat has been installed.
6.5 Hours of Operation. Recycling Activities on the Property will be limited
to the following:
6.5.1 (OMonday-Friday: 7:00 a.m. to 6:00 p.m.
6.5.2 (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- ee' wil :6.4.' Landscaping. Tinimbef Cfeek will eoniply
;
. . . Timber Creek will keep the
height of piles of Recycling Materials at the greater o£ a)twenty-five (25) feet, and b)the height
permitted by the Meridian Fire Department under applicable code,regulations and rules.
6I 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.
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6.7.5 Wood Flour. Timber Creek Recycling will not accept or process
wood flour as part of the Recycling Activities.
6.7.6 63.6Dustless 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-513-1.
($ Traffic for Recycling Materials. Traffic to the Recycling Property is
regulated as follows:
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 "6.8, 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.
6.8.3 Truck Limitation. No more than fifty-six (56) Truckloads of
Recycling Materials will be delivered to the Recycling Property per day. For purposes of this
Agreement, "Truckload" shall mean any truck or vehicle carrying ten (10) or more cubic yards
of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of
clarification,the following do not qualify as a Truckloads:
(a) Vehicular traffic associated with the agricultural use of the
Property such as delivery of feed, livestock, equipment and
fertilizer or the removal of crops, livestock, equipment,
feed,waste or fertilizer;
(b) Vehicles to and from the Retail Area;
(c) Vehicular traffic to and from the Property not carrying
Recycling Materials; and
(d) Vehicular traffic from the Property delivering Recycling
Materials for agricultural uses.
6.9 Agency Requirements/Recommendations. Timber Creek shall comply
with the following requirements and recommendations from the following agencies:
6.9.1 Fire.
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(a) Emergency Plan. Timber Creek shall pfepafe and deliver
an—with comply with the emergency plan areviously
delivered to the Meridian Fire Code Official. Timber
Creek shall notify the City upon a ,.l of 4w provide the
City with an updated or revised emergency plan and
comply with the updated ore revised emergency plan.
(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.
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.
fi&J 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 !Term 0n utio'n of Dccyelning rctWxties The R€Eycli3g Activities 63 tl3@ ,..-=' Commented[JReeyeling Pr-epeAy will ee i4ted in the UPC,upon the eafliest of the following to C4]:Moved
to Section 6.14.
. .1 r,,,,vey ee to Third Party Upon the eenveyanee of the
> pfevided, >
"affiliated that the eonveyanee of the Reeyeling
family member- of a*y member- of the Owner-/Develeper- or- Timber- Creek; or- 3) to an affilia4e
eatity, will flat trigger- the '01-i-mination of the Reeyeling Aetivities. For-pur-poses of this Seetieff
entity"
is an entity: (a) w-hieh is a sueeessor to Owner4D&veloper- of Timber-
('reek by ethermerger- eonsolida4ieiior- pufsuant to sale of all of substantially all e f
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eir the-attaehed-'~Aib t "C", being delivered Timber- Gfeek For- fposes- of this Seresidential designation of R 4 of stien
,
(s) 14asr l.,l;.,:,lo,l vrd-Anne-;1*4-tt Meyi
Code,City
by a short plat tmder Mefidian City Code 11 6B exeepting however-a"real property subdivide
and
6.9 Tolling of Deadlines. In event the cra9Trgrecnxcir«S
this Seetien 6 shall be tolled until all ehallenges, eentents and appeals ha-ve been eompletely and
finally feselved-.
6.9.5 Nuisance. Timber Creek shall not keep the Recycling Property
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 epemtions-,power-driven processing equipment and
won the Recycling Property shall be loeate 1--gn ated 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.
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6.13 Site Plan. Timber Creek shall provide a detailed site�!a- , as afl Attached
hereto as Exhibit"C" is a site elan 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 gener-al-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.
fi14 Termination of Recycling Activities.
6.14.1 Complete Termination. All Recycling Activities on the
Recycling Property will cease on or before December 31,2027("Termination Date"l.
614.2 Transition Plan. Timber Creek shall cease accepting certain
Recyclable Materials, and accept reducing quantities of Recyclable Materials, prior to the
Termination Date, as set forth in the Transition Plan attached hereto as Exhibit "E." Timber
Creek will also comply with other tasks and the timelines set forth in the Transition Plan.
6.14.3 Parking of Trucks. Notwithstanding the foregoing, following the
Termination Date Timber Creek may park commercial equipment on the Property,provided that:
a) the number and size of trucks does not exceed the limits set forth in Section 6.8.3: the
commercial equipment is not operated on the Property (excepting the necessary actions to park
and remove the commercial eguipmentl.
7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY:
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.
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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.
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
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(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
(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
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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. lrExcept for a default provided in Section 9.3.
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 party 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 Failure to Comply with Transition Plan. In the event that Timber Creek
fails to comply with the obligations or deadlines set forth in the Transition
Plan,the City may deliver a notice of default to Timber Creek and Timber
Creek will have fifteen (15) days from receipt of the notice to become
compliant with the Transition Plan. If Timber Creek fails to become
compliant within said fifteen(15)days,the City will have the remedies set
forth in Section 9.5 against Timber Creek, in addition to the remedies set
forth in Section 9.4.1.
24 Remedies.
EAA 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
This 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.
9.4.2 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-
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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.
9.5 Remedies against Timber Creek. In the event that Timber Creek is in
default of the Transition Plan, pursuant to Section 9.3, Timber Creek shall
pay the following amounts to the City(each a"Penalty"):
9.5.1 First Default. For Timber Creek's first default under Section 9.33
the Penalty is $10,000.00
E32 Second Default. For Timber Creek's second default under Section
9.3,the Penalty is$15,000.00.
9.5.3 Third Default. For Timber Creek's third default under Section
9.3,the Penalty is$20,000.00.
9.5.4 All Additional Defaults. For each default beyond Timber Creek's
third default under Section 9.3,the Penalty is$30,000.00.
For purposes of the foregoing, a default of Section 9.3 which is of a continuing
nature will only incur a single Penalty, but a similar and separate default of
Section 9.3 (for example defaulting under a different deadline in the Transition
Plan) will be considered a new default and incur a new Penalty. Nothing in this
paragraph will limit any other remedies that City may have under this Agreement.
9.6 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.
9.7 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
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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.
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
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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.
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. This Agreement amends and replaces the Original Agreement and the Modified
Agreement. Except as herein otherwise provided, no subsequent alteration, amendment, change
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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.
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.
22 THIRD-PARTY BENEFICIARIES. Except for Timber Creek. this Agreement
is not intended to create, nor shall it in any way be interpreted or construed to create any third-
party beneficiary rights in any person or entity not a party hereto.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council approved this Modified Development Agreement and
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 9eteherNovember,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 Weer-d a�T ColesRobert Simison and Chris 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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EXHIBIT"D"
UTILITY EXTENSION
[TO BE INSERTEDI
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EXHIBIT"E"
TRANSITION PLAN
[TO BE INSERTEDI
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Exhibit 4
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 , 241-12024, 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 comnanv, 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
1.7WHEREAS, the City, Owner,/Developer-and Timber-Creek (as defined below)
have negotiated tefms and eenditiefis into this Agreement to elar-ify th-e
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usesyeimitted tmder-the Original Agreement, to allow rthe eentinmed
use of Property the pefmittedfuture uses Of the PFOpeftty; and
1.7 WHEREAS, the City and the Owner/Developer entered into that certain
Modified Development Agreement, dated June 11, 2019, recorded as
Instrument No. 2019-053058, Records of Ada County, Idaho ("Modified
Agreement'), to amend and replace the Original Agreement; and
1.8 WHEREAS, the City, 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 was approved and
executed that are necessary for the continued and future use of the
Property; and
1 2 4-.8WHEREAS, the City and the Owner/Developer agree to negotiate in
good faith and seek resolution to any conditions or circumstances that
existed at the time the Original Agreement and this Modified Agreement
were 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
1.11 440WHEREAS, the Meridian City Council, on the day of
, 20- 92024, 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
1.12 444WHEREAS, the Findings require the Owner/Developer to enter into
this Agreement as a replacement to the Original Development ate
danuar-y 26, 2016, eeer-ded-as ns4ument No. 2016 007075, Reeer-ds-of
Ada Cow", id iModified Agreement; and
1.13 443WHEREAS, 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 443WHEREAS, 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,
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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:
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 party 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.
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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.
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,
processing 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—Allow Timber Creek Recycling—, LLC ("Timber Creek"1 to
o on the portion of the Property ("Recycling Property") outlined on
the site plan ("Site Plan") attached hereto as Exhibit "C" and incorporated
herein, as Timber Creek is currently ego erg operating or may be
steed operate in the future, whether under the name of Timber Creek
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Recycling or another name or entity, for a maximum period of ten (1 n`
years from the date the City Council approves the signed Agf!eetne
Upon the expiration of ten (10) y'ear- period, llReeyeling Aetivities
(as defined e Section 5.2) shams provided, however-,
Timber- Creek m submit an plie do to the City G..unei - r thp-
Reeycling Activities and detefmine whether to pefmit TimberCreel to
continue-the Reeyeling Aefivities. Timber- Creek shall nit the r-equcst
fof!reviewo later than one (1) yearprior- to the expiration of the te., (1 n)
year- period. Upon review, the rit y rotmeil may, at the Git-f Gotineills
sale diser-etien.-a) ele^et to gfart or- refuse gmat additional time
Timber Greek to eenduet the Reeyeling—Activit1es on the Deeyeling
Property past the initial ten (1 n) year-period; andb) should additional time
be granted, r-equire more—or--dif€erent eonditions on the veyeliffg
Actin the y-Coiineil does not eleetto gf!ant Timber-meek
additional time to . ,-."et Deeyeling Aetivities on the Deeyeling Dreperty
beyond the initial ten (10) year- tltne Pef!lnd-then,at they Eeunei"
.lireetio and by the date determined by the Git-y G..tineil the D eeyeli*g
zA etivities--s-h"lull eease an'brnrz all materials, equipment struetHfes,si c
modineatiens,ete. assoeiated with the v cling Aetivity shalle
r-emoved and the Deeyeling Property reel.,ime.l to its former ., „lfi,rnl
uise/eonditioH in the event the l ity G r,eil gr-ay.ts Timber- Greek
additional time to r,duet the Deeyeli„g A etiyities .,fief the initial ten (1 nl
year- period, then the City Gouneil the Reeyeling Aetivities-
upon the expiration of the—additionaltin-pe in -aeeerdanee with the
foregoing pr-eeedtffes, eonditions and timelines. subject to the provisions
of Section 5 and Section 6 of this Agreement.
5. Operation of Timber- Creek ReeyelingOPERATION OF TIMBER CREEK
RECYCLING. As set forth in Section 4.8 of this Agreement, but as limited by Section 6.14 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
the folio ixg--materials identified in Exhibit "F", attached hereto and incorporated herein
(collectively "Reeyeled Recycling Materials") at the Recycling Property for Recycling
Activities (defined below):. Timber Creek shall not accept any other materials or products at the
Recycling Property for Recycling Activities.
5.1.1 Wood. Wood is and will be delivered to the Reeyeling Pr-epefty
she Ada Cott,t y Landfill,a Republie Sefvieesidether-setimes.
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5.1 2 Gr-ass. Grass elippings are and ill be ,aeliyefyd to the Reeyekag
Pr-opertomRepubfie Serumand other—seufees.
5.1.3 Leaves.heaves areand will e delivered to *�tecycling
Pr-opefty from the Ada County Landfill and othet! soiffees.
5.1.4--SheetFoek. Sheetroek—awe p and will delivered to
the Recycling Property from Republie Servi Qther seltrees.
5 Food Waste. T�'..o rite will b e Doi y
5��. .,�� . � mere to ��� ng
Property ftem Republie Services,:dother sources.
5.1.6 Car-den-rite--FFaMen waste will be delivered to the Recycling
Property ftem Republie Services and othefseurees.
5.1�ieF MateFials Timbef creek is--allowed to—aec pt of er-
nia4er-ials to r-eeyele whieh are of the same ea4egor-y as the materials identified in S ions S I I
5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize
and sell the Reeled-Recycling Materials on the Recycling Property ("Recycling Activities").
For purposes of clarity, but not limitation, the following are examples of the Recycling Activities
which are permitted on the Recycling Property:
5.2.1 Grinding. The Recycling Materials may be ground and
transported from the Recycling Property for animal bedding, soil amendment, other agricultural
uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding
process, Timber Creek may use loaders and excavators and other necessary equipment to
perform such grinding.
5.2.2 Screening. The Recycling Materials, before and after processing,
may be screened. Screening of any Recycling Materials may include the use of conveyors,
trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the
Recycling Materials.
5.2.3 Feed. The Recycling Materials may be processed and transported
from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on
the Recycling Property or to third parties.
5.2.4 Composting. The Recycling Materials may be composted on the
Recycling Property and transported from the Recycling Property for soil amendment, agricultural
uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles
shall be maintained in a manner that does not cause or create a nuisance condition including, but
not limited to, odor, other nuisance and/or other conditions relative to insects or disease that
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affect neighboring properties, cause harmful vapors or constitute a risk to the environment or
public health and safety as set forth in Meridian City Code 4-1-10. 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.
5.2.5 Storing of Recycling Materials. The Reeyeled—Recycling
Materials, both before and after processing, shall be stored on the Recycling Property and after
processing may be used on the balance of the Property. The f edit. and all asseeiated gr-o ,n
shall be maintained in an oFderly manner- to keep them from beeoming a publie nuisance as
defined in Mer-idian City Code (MGG) 4 2 1; pr-oee"r-es and penalties for- general - '- - -- e
listed in MCC 4 2 4. in addition to the remedies available thr-ough the enfor-eenient of this
r o ott
5.2.6 Aliseellaneous. agage Miscellaneous Recycling Activities.
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), fa 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.
5.2.7 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 Reeyeled-Recycling 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.
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Complianee. G mpl; ee with federal, state and loeal-entiti�s
U.S.
Department of Agr-ieultiffe, the Ada Cowity Air- Quality Boaf!d, and the 1daho DepaFtment of
Water-Resour-ees. The City may eonsider- a finding by one of these named ageneies of violations
of their regulations to be a cause for a violati peement. Timber Creek shall take any
.tio t
(a) Comply with conditions imposedt by ., and all o
aferementioned entities with jur-isdietionr—el-atmg to the
(b) Comply with the mles 'a egulati$ns—relating—t6 the
be adopted, r-evised or- r-e intefpr-etea by any d all-of
.,f:.,.vme tione l entities withjurisdiction; a l
( Gur-e or esffeet def4eieneies or-issues identified by any—and
all of'aforementioned entities with jtifisdietien.
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:
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(a) Commercial vehicles, as defined in Idaho Code §49-123(d).
(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- C
ReeyelingCONDITIONS 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 the Idaho Department of Environmental
uality ("IDEO"l, the Central District Health Department ("CDHD"), 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 conviction or final order 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:
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6.2.2 Comply with the rules and regulations relating to the Recvclin�
Materials or the Recycling Activities which may be adopted, revised or re-interpreted by any and
all of aforementioned entities with jurisdiction; and
6.2.3 Cure or correct deficiencies or issues identified by any and all of
aforementioned entities with jurisdiction.
3 Composting. Composting on the Recycling Property shall be conducted in
accordance with applicable law, rules and regulations. Prior to ,.,.,.,posti g i ,,,,ant ties w>,: >,
would,-eq, al--as-Timber Creek has obtained the necessary approvals to operate a Tier 2
composting facility, Timber- Gr-ee, shall satisfy al r o effts imposed o Tier- 2 , osti ,.
facilities by the 1dahe Department of Environmental Quality ("DEQ"). Timber Creek sh
pfevide proof of satisfaetion of ' and is
currently operating a Tier 2 composting facility. in eenneEtien with the Tier- 2 designa4ien
preys-any 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. Adopt an Continue to operate under the odor
management plan as part of Tier 2 approval preeess that sa4isfies DEQ Upon being
designated as a Tier- 2 eemposting f editwhich 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 SIDE to the City.
6.3.2 Compliance with DEQ and Central District Health.
Comply with all requirements of DEQ and the rents' Distfiet 14ealth Depa.E, ent VIDEQ and
CDHD" =as part of the Tier 2 approval process. Following appr-oval as a Tier-2 faei t�-, Timber
Creek shall cooperate with DEQ and CDHD 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 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 pr-evide notiee to the City"on the installation of the muffler-s.
6 4.2 Landscaping. Timber Creek will install maintain the trees and
other landscaping features on the Recycling Property it a manner- as rreser-i e 4„ ; which were
installed in accordance with MCC 11-3H-4D, as is depieted on the Site Plan, to mitigate the
sound generated on the Recycling Property by the Recycling Activities.Sai !a-ndseapin . shall be
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installed j9pier to eemmeneement of Tier- 2 eemposting provided that the pilot programs for-
obtaining Tier 2 designation, as required by DEQ, may . . io the installation of the
4ndseaping or- befms as shown on the site plan. Timber- Creek shall provide flotiee to the city
when the landseaping set forth in this Modified Agreement has been installed.
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 Creek will
6.4.1 rLasndseaping Timber-Creek will eemply with the e"ir-efnents of
Seet; 2 7
6.4 2 Height t of Reeyeling MateFials. Timber- Freak 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.
67 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.
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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-513-1.
6.8 Traffic for Recycling Materials. Traffic to the Recycling Property is
regulated as follows:
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 "6.8, 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.
6.8.3 Truck Limitation. No more than fifty-six (56) Truckloads of
Recycling Materials will be delivered to the Recycling Property per day. For purposes of this
Agreement, "Truckload" shall mean any truck or vehicle carrying ten (10) or more cubic yards
of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of
clarification, the following do not qualify as a Truckloads:
(a) Vehicular traffic associated with the agricultural use of the
Property such as delivery of feed, livestock, equipment and
fertilizer or the removal of crops, livestock, equipment,
feed, waste or fertilizer;
(b) Vehicles to and from the Retail Area;
(c) Vehicular traffic to and from the Property not carrying
Recycling Materials; and
(d) Vehicular traffic from the Property delivering Recycling
Materials for agricultural uses.
6.9.9 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 and delivef
an—with comply with the emergency plan previously
delivered to the Meridian Fire Code Official. Timber
Creek shall provide the
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City with an undated or revised emergency plan and
comply with the updated ore revised emergency plan.
(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.
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. *7
6.8 Termination of Recycling etiyities�Reeyeli g Activities en the
> tmiess pefmit4ed in the >
upon the earliest of the following to
6.8.1 Conveyanee to Third Party. Upon the eenveyanee of the
> > >
that the eenveyanee of the Re6yelifig
Pr-epei4y! 1) via intestaey or- other- estate planning devise or- instrdment; 2) to an iffiffledia
family member- of any member- of the Owner�Develeper- or- Timber- Creek; or- 3) to an affiliat
entity, will not 4igger- the elimination of the Reeyeling Aefivifies. For- Purposes of this Seetieft
ccaffiliated entity"
is an entity. (a) "ieh is a sueeesser- to OwneF�Developer- or- Tim
Creek by either- merger- of- eenselidation or- pttr-sua*t to sale of all or- s4stantially all e
Owner,'Developer- or- Timber- Creek's assets or- member-ship ii+terests, E)r- (b) an entity eontr-ellea
> with, >
or-
6.4v-cr2 Development of ijaeent -PFopeFt'. Within thi y-(30) day vi
wr-44en nefiee that the City has granted a Geffifieate of Oeeupa-ney to any new residential or-
on the a#aehed Exhibit "C", being defiver-ed to Timber- Creek. For- pufpeses of this Seetiefl.
ccnew residential or-eemmer-eial »
shall mean real pr-epefty whieh has.:
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residential designation of R 4 or-denser-;
City Codedexeepting however anyTeal i propefty subdivid
Agreement,in no event will the issuanee of a Get4ifiea4e of Oeettpaney fof any stfueture existing as of
the date of this as may be expanded, altered,
of for- any new aeeessor-y
6.9 Tolling of Dead1n,ines i the eLefft the appfoval of this A gfeemei31t fis
ehallenged> eonlested of appealed, >
the deadlines imposed on Timber-Creek undef
eontents and appeals have been eompletely and
finally r-esolved.
6.9.5 Nuisance. Timber Creek shall not keen the Recycling Property
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-313.8.
6.11 Mechanical Equipment. All mechanical equipment (excluding all
private or commercial vehicles) and epef:atiens, power-driven processing equipment ;md
oper-a4ieffs-on the Recycling Property shall be Ieeated-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. Attached
hereto as Exhibit"C" of this Agreement, to the Ciyy 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 genecurrent location
of the equipment to be used for the Recycling Activities. Su
biect to the limitations in Section
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6.11, 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 Recycling Activities.
6.14.1 Complete Termination. On or before June 30, 2027
("Termination Date"), Timber Creek shall: (a) cease all Recycling Activities on the Recycling
Property: (b) have removed all Recycling Materials from the Recycling Property: (cl have
removed all improvements constructed pursuant to Section 5.5 of this Agreement from the
Recycling Property: and (d) have removed all equipment, fixtures, and personal property used
primarily for the Recycling Activities from the Recycling Property.
6.14.2 Use of Property after July 1, 2027. As of July 1, 2027 the
Property may only be used for the uses allowed under Section 4.1 Section 4.6, Section 4.7, and
Section 6.14.4 of this Agreement.
6.14.3 Transition Plan. Prior to the Termination Date. Timber Creek
shall cease accepting certain Recycling Materials, and shall accept reducing quantities of other
Recycling Materials, as set forth in the Transition Plan attached hereto as Exhibit "E." Timber
Creek shall also comply with other tasks and the timelines set forth in the Transition Plan.
6.14.4 Parking of Trucks. Notwithstanding the foregoing, following the
Termination Date Timber Creek may park commercial equipment on the Property, provided that:
a) the number and size of trucks does not exceed the limits set forth in Section 6.8.3: the
commercial equipment is not operated on the Property (excepting the necessary actions to park
and remove the commercial equipment).
6.14.5 Signage. On or before July 1, 2025, Timber Creek shall post a sign
on the Recycling Property in a location adjacent to South Locust Grove Road and a second sign
on the Recycling Property in a location adjacent to Columbia Road, both of which will state the
following: "THIS FACILITY WILL CLOSE ON JUNE 30, 2027." The sign will comply with
the size requirements set forth in Meridian City Code 11-5A-6(D)(2)(bl(11, and the letters will be
no less than six inches in height.
7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY:
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.
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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.
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
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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
(1) 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
(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.
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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 party
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 sale
This 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
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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.
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.
43. 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.
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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.
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
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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. This Agreement amends and replaces the Original Agreement and the Modified
Agreement. 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.
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.
22. THIRD-PARTY BENEFICIARIES. Except for Timber Creek. this Agreement
is not intended to create, nor shall it in any way be interpreted or construed to create any third-
party beneficiary rights in any person or entity not a party hereto.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council approved this Modified Development Agreement and
executed by the Mayor and City Clerk.
24. INCORPORATION OF EXHIBITS. All exhibits attached hereto are
incorporated herein.
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[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 Tammy De Weer- Robert E.
Simison
ATTEST:
r' e-sChris Johnson, City Clerk
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STATE OF IDAHO )
) ss.
County of Ada )
On this day of 9etobefDecember, 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 Weer—d-and C.jay ColesRobert E. Simison and Chris 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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L&G MURGOITIO, LLC- PARCEL NO. 1
A parcel located in the E Yz of the 5E X of Section 6, Township 2 North, Range 1 East, Boise
Meridian, Ada County, Idaho,more particularly described as follows,.
BEGINNING at an aluminum cap monument marking,the southeasterly corner of said SE l of the
SE /, from which an aluminum cap monument marking the northeasterly corner of the SE Y4 of
said Section 6 bears N 0'04'44" VV a distance of 2655.72 feet;
Thence N 89'21'59" W along the southerly boundary of said E%of the SE X.a distance of 1323,88
feet to the southwesterly corner of said E ! of the SE Y;
Thence N 0°02'17" W along the westerly boundary of said E Z of the 5E X a distance of 2655.45
feet to the northwesterly corner of said E A of the SE Y4;
Thence S 89022'37" E a distance of 1321,98 feet to an aluminum cap monument marking the
northeasterly corner of said E Y2 of the SE %;
Thence S 0'04'44" E along the easterly boundary of said E M of the 5E X a distance of 2555.72
feet to the POINT OF BEGINNING.
This parcel contains 80.64 acres.
NOTE: This description was prepared using record information including Record of Surveys,
subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has.
been performed.
Prepared by. Glenn K. Bennett, PLS PF1
Civil Survey Consultants, Incorporated 5UR,v .
October 13, 2015 .,
t( �
44 OF
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L& G NiIJRGOITIO, LLC— PARCEL 2
A, parcel located in the NE X of Section 5, Township 2 North, Mange 1 East, Doise Meridian, Ada
County, Idahc, more particularly described as follows:
BEGINNING at a brass cap monument marking the northwesterly scorner of said NE 34,from which
a 5/8 inch diameter iron pin marking the southwesterly corner of said NE X bears
S 0°01'18" W a distance of 2674.72 feet;
Thence S 0'01'19' W along the westerly boundary of said PEE Na distance of 1854.47 feet to a
5,/8 inch diameter iron pun,
Thence leaving said westerly boundary S 78'30'02" E a distance of 191.66 feet to a 5/8 inch
diameter iron pin;
)'hence N 43'00'20" E a distance of 108.41 feet to a 5/8 inch diameter iron pin;
Thence N 68°36'37" E a distance of 694,84 feet to a 5/8 inch diameter iron pin;
Thence S 46'0231" E a distance of 379.56 feet to a 5/8 inch diameter iron pin;
Thence S 64'59'20" E a distance of 64.46 fleet to a 5/8 inch diameter iron pin;
Thence N 0"2.235" W a distance of 32.24 feet to a paint on the centerline of the Farr Lateral;
Thence along said centerline the following described courses;
Thence N 49'59'59" W a distance of 27.38 feet to a point.-
Thence N 22°30'26" W a distance of 1518.71 feet to a point;
Thence N 25'12'16" W a distance of 135.17 feet to a paint;
Thence a distance of 153.61 feet along the arc of a 200.00 font radius carve left: said curve
having a central angle of 44"00'19" and a long chord bearing N 47P12'75" W a distance of
149.86 feet to a point;
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Thence leaving said centerline N 0000'01" E a distance of 104.32 feet to a 516 inch dianneter iron
pin on the northerly boundary of said NW N;
Thence N 89"56'47" W along said northerly boundary a distance of 297.51 feet:to the POINT OF
BEGINNING.
This parcel contains 32.22 acres.
NOTE: This descripbon was prepared using record information including Record of Surveys,
subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has
been performed.
Prepared by: Glenn K. Bennett,PL5 , PRO,��5'
Civil Survey Consultants,Incorporated Sy R k k
October 13, 2015 Uj
totp
K.
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EXHIBIT B
COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER
[TO BE INSERTEDI
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EXHIBIT C
SITE PLAN
IN
;a
Y
` _ NNFMI�IiN
DRAFT
s
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EXHIBIT "D"
UTILITY EXTENSION
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E C idV Ilr.
4J Chhst.�,her s
P Vi,S,
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a,. ,rs ti' " u E dmon s I}r- -
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■ r $ 3m ,�
W Verneal a a : L Orsq Ot �� 3
tim Sc
r ! 13
1 ■ W Victw.y.$d: I mot'
� E�y.ICTOl�rR>d'i wt-.
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Q 750 1.500 ■
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Legend
••.wr ExlsWelg Sewer
a 0 F"Wre Phase 1 Newel
•Fulure Phase 7 Sme,
-PhW..1 Area _
Phase ZAfea
Meridian City limns od Dr • n IN
Qty el Mendinn M*"n0 Wplp. lellw Gr wama.T, ►,vresMW W ilnj>A a}W the
�• MWre, lxss.! , arly�nlnu?,.l snr.i—ii C;vdl+,rleid�d-d South Meridian Utility Concept Plan
ml Re'kaUc fir nxne•acies•r nilsu,e,F,.lure tstiase s=w�a'iaulicns elo pervnafu[si areil
Elrrolm:t ro rnod4er.:�0ar,
This-0is we himtlxa-pv,*9Wdby Ada f:oaetvA4.cofnewshillIsarae*Xrar and Annexation
ilwcauacles a mle.ved Irma map.Weld heannp nsx drsc£•Ilnw In•v h.O k-,Pa d 6aNv 1 1 ff
rian+•lroc usam any deaml rpm rewirm e;e,.amwl rrnnssm+dnga covnlr.
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EXHIBIT "E"
TRANSITION PLAN
Timber Creek Recycling
Engineering waste to its highest and best Li,,,
Date: December 3,2024
Phased Transition Plan for the Meridian Compost Site
7695 S. Locust Grove Rd
Meridian, !D 83642
1,0g,
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Phase Focus 2024 Timing of total CheeseWAS diverted
Odor
o Stop regularly receiving Cheese WAS Q1 Q2 Q3 Q4
#1 on weekends at the Meridian site
tt 1 o Conduct experiments of Calcium
Hydroxide,"lime"(Ca(OH)2),addition
to Cheese WAS at Meridian site.
(Complete o Coordinate with Sorrento Lactalis on
by procurement of equipment for addition
December of"Lime"to Cheese WAS at Sorrento
2024)
plant
Dust
o Effective November 111,no more
Concrete/Asphalt/Tile/Porcelain/Brick
accepted at the Meridian site Q1 Q2 Q3 Q4
o Continue regular dust control
measures(i.e.water truck)
Volume
Q1 Q2 Q3 Q4
o At least 25%of the inbound
Cheese WAS diverted from the
Meridian site
Accountability
o Present final Transition Plan to Q1 Q2 Q3 Q4
Meridian City Council
o Begin drafting a Tier II
Composting Facility"closure
plan"for DEQ and CDH approval
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Phase Focus 2025 Timing %of total Cheese
WAS diverted
Odor
o Pilot,full scale addition of"lime"to Q1 Q2 Q3 Q4
#2 inbound Cheese WAS at the Sorrento
Cheese Plant(Q1)
o Incorporate treated Cheese WAS
into compost process at Meridian
(Complete Site and monitorfor effectiveness
by (Q1)
December o Ongoing coordination with Sorrento
2025) Lactalis for addition of"lime"
o Fully implement"lime"addition to
Cheese WAS as a odor control
measure,so long as testing was
successful(Q2)
Dust
o Final crushing of
Concrete/Asphalt/Tile/Porcelain/
Brick at the Meridian Site(Q1) I Q1 Q2 Q3 Q4
o Continue regular dust control
measures(i.e.,water truck)
Volume
o Complete engineeringfor additional Q1 Q2 Q3 Q4
ASP pad(1 of 2)at the Nampa site
(Q2)
o Additional ASP pad(1 of 2)under
construction at the Nampa site(Q3) ��'
o Additional25%of inbound Cheese
WAS diverted from the Meridian site
(Q4)
Accountability
o Quarterly inspections with Meridian Q1 Q2 Q3 Q4
City Code Enforcement
o Closure signage posted(Q2)
o Complete a draft closure plan in
coordination with CDH and DEQ
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Phase FOCUS 2026 Timing %of total Cheese
WAS diverted
Odor
o Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4
it�. 3 odor control measures
Dust
(Complete o Continue regular dust control
by measures(i.e.,watertruck) Q1 Q2 Q3 Q4
December
2026) Volume
o Complete engineering for additional
ASP pad(2 of 2)(Q2) Q1 I Q2 I Q1go 3 Q4
o Additional ASP pad(2 of 2)under
construction atthe Nampa site(Q3) 10o�ro
o 100%of the Cheese WAS diverted
from the Meridian site(Q4)
Accountability
o Quarterly inspections with Meridian Q1 I Q2 I QS Q4
City Code Enforcement
o Finalize Tier II Composting Facility
Closure Plan with IDEQ and CDH(Q4)
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Phase Focus 2027 Timing °gyp of total Cheese
WAS diverted
Odor
o No cheese WAS received at the Qi Q2
#4 Meridian site
Dust
(complete o Continue regular dust control
30June measures(i.e.,water truck)
2027)
Volume
o Sale or transfer of remaining 1000/0
inventory Q1 Q2
o Movement of compost/recycling
materials and infrastructure off
of the Meridian site
Accountability
o Quarterly inspection with
Meridian City Code 4t
Enforcement(Q1)
o Final site walk through with
Meridian Code Enforcement
(Q2)
o Final Tier 11 site close out with
CDH and DEQ(Q2)
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EXHIBIT F
LIST OF RECYCLING MATERIALS
• Grass
• Leaves
• Tree waste (limbs,branches, etc.)
• Stumps
• Wood chips
• Saw dust
• Wood mulch
• Christmas trees
• Pine needles/cones
•__ Mixed food waste, mainly bulk produce, some kitchen scraps (e.g., egg shells, fruits and
vegetables, seeds and cores, tea bags and coffee filters (no meat))
• Pumpkins
• Corn Cobs
• Bean mill organic waste
• Cheese Whey WAS from Sorrento Cheese Plant
• Garden/landscape waste (other natural materials typically derived from general landscape
like bushes and plants)
• Dirt
• Sod
• Sheetrock
• Clean construction wood (plywood, dimensional lumber, etc.)
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• Manure (chicken, llama, horse, cowl
• Compost and compost screenings
• Dairy compost
• Mushroom compost
• Potato cake
• Straw
0 Hay
•__ Agricultural rejects (e.g. onions, potatoes, silage beets, corn, peppers, peas, beans, mint,
etc.
• Compostable plates, cups &utensils, paper
• Paper leaf bags and small quantities of compostable paper and cardboard.
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Exhibit 5
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 , 2024, 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
1.7 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 and replace the Original Agreement; and
1.8 WHEREAS, the City, 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 was approved and
executed that are necessary for the continued and future use of the
Property; and
1.9 WHEREAS, the City and the Owner/Developer agree to negotiate in good
faith and seek resolution to any conditions or circumstances that existed at
the time the Original Agreement and this Modified Agreement were
approved and executed that are necessary for the continued and future use
of the Property; and
1.10 WHEREAS, 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
1.11 WHEREAS, the Meridian City Council, on the day of ,
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
1.12 WHEREAS, the Findings require the Owner/Developer to enter into this
Agreement as a replacement to the 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 WHEREAS, 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:
2. INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
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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 party 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.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
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4.3 Any existing and future written agreements for the collection, disposal,
processing 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 Allow Timber Creek Recycling, LLC ("Timber Creek") to operate on the
portion of the Property ("Recycling Property") outlined on the site plan
("Site Plan") attached hereto as Exhibit "C" and incorporated herein, as
Timber Creek is currently operating or may operate in the future, whether
under the name of Timber Creek Recycling or another name or entity,
subject to the provisions of Section 5 and Section 6 of this Agreement.
5. OPERATION OF TIMBER CREEK RECYCLING. As set forth in Section
4.8 of this Agreement, but as limited by Section 6.14 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 the materials
identified in Exhibit "F", attached hereto and incorporated herein (collectively "Recycling
Materials") at the Recycling Property for Recycling Activities (defined below). Timber Creek
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shall not accept any other materials or products at the Recycling Property for Recycling
Activities.
5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize
and sell the Recycling Materials on the Recycling Property ("Recycling Activities"). For
purposes of clarity, but not limitation, the following are examples of the Recycling Activities
which are permitted on the Recycling Property:
5.2.1 Grinding. The Recycling Materials may be ground and
transported from the Recycling Property for animal bedding, soil amendment, other agricultural
uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding
process, Timber Creek may use loaders and excavators and other necessary equipment to
perform such grinding.
5.2.2 Screening. The Recycling Materials, before and after processing,
may be screened. Screening of any Recycling Materials may include the use of conveyors,
trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the
Recycling Materials.
5.2.3 Feed. The Recycling Materials may be processed and transported
from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on
the Recycling Property or to third parties.
5.2.4 Composting. The Recycling Materials may be composted on the
Recycling Property and transported from the Recycling Property for soil amendment, agricultural
uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles
shall be maintained in a manner that does not cause or create a nuisance condition including, but
not limited to, odor, other nuisance and/or other conditions relative to insects or disease that
affect neighboring properties, cause harmful vapors or constitute a risk to the environment or
public health and safety as set forth in Meridian City Code 4-1-10. 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.
5.2.5 Storing of Recycling Materials. The Recycling Materials, both
before and after processing, shall be stored on the Recycling Property and after processing may
be used on the balance of the Property.
5.2.6 Miscellaneous Recycling Activities. 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), forklifts, 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
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leaching ponds and berms; use of air compressors, generators, tarps for covering of Recycling
Materials, and bagging systems.
5.2.7 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 Recycling 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.
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
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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).
(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'x15'); 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 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 the Idaho Department of Environmental
Quality ("IDEQ"), the Central District Health Department ("CDHD"), 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 conviction or final order 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;
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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
6.2.3 Cure or correct deficiencies or issues identified by any and all of
aforementioned entities with jurisdiction.
6.3 Composting. Composting on the Recycling Property shall be conducted in
accordance with applicable law, rules and regulations. Timber Creek has obtained the necessary
approvals to operate a Tier 2 composting facility and is 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 a Tier 2 facility on the Recycling
Property, Timber Creek shall:
6.3.1 Odor Management. Continue to operate under the odor
management plan which has been approved by IDEQ. 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 IDEQ to the City.
6.3.2 Compliance with IDEQ and Central District Health. Comply
with all requirements of IDEQ and CDHD as part of the Tier 2 approval process. Timber Creek
shall cooperate with IDEQ and CDHD 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 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.
6.4.2 Landscaping. Timber Creek will maintain the trees and other
landscaping features on the Recycling Property, which were installed in accordance with MCC
11-31-1-41), to mitigate the sound generated on the Recycling Property by the Recycling
Activities.
6.5 Hours of Operation. Recycling Activities on the Property will be limited
to the following:
6.5.1 Monday—Friday: 7:00 a.m. to 6:00 p.m.
6.5.2 Saturday: 8:00 a.m. to 6:00 p.m.
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6.6 Visual Impact. To minimize any visual impact caused by the Recycling
Materials or the Recycling Activities, 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 Dustless 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-513-1.
6.8 Traffic for Recycling Materials. Traffic to the Recycling Property is
regulated as follows:
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 6.8, 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.
6.8.3 Truck Limitation. No more than fifty-six (56) Truckloads of
Recycling Materials will be delivered to the Recycling Property per day. For purposes of this
Agreement, "Truckload" shall mean any truck or vehicle carrying ten (10) or more cubic yards
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of Recycling Materials to the Recycling Property for Recycling Activities. For purposes of
clarification, the following do not qualify as a Truckloads:
(a) Vehicular traffic associated with the agricultural use of the
Property such as delivery of feed, livestock, equipment and
fertilizer or the removal of crops, livestock, equipment,
feed, waste or fertilizer;
(b) Vehicles to and from the Retail Area•,
(c) Vehicular traffic to and from the Property not carrying
Recycling Materials; and
(d) Vehicular traffic from the Property delivering Recycling
Materials for agricultural 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 with comply with the
emergency plan previously delivered to the Meridian Fire
Code Official. Timber Creek shall provide the City with an
updated or revised emergency plan and comply with the
updated ore revised emergency plan.
(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.
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.
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6.9.5 Nuisance. Timber Creek shall not keep the Recycling Property
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 power-driven processing equipment on the Recycling
Property shall be 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. 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 current
location of the equipment to be used for the Recycling Activities. Subject to the limitations in
Section 6.11, 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 Recycling Activities.
6.14.1 Complete Termination. On or before June 30, 2027
("Termination Date"), Timber Creek shall: (a) cease all Recycling Activities on the Recycling
Property; (b) have removed all Recycling Materials from the Recycling Property; (c) have
removed all improvements constructed pursuant to Section 5.5 of this Agreement from the
Recycling Property; and (d) have removed all equipment, fixtures, and personal property used
primarily for the Recycling Activities from the Recycling Property.
6.14.2 Use of Property after July 1, 2027. As of July 1, 2027 the
Property may only be used for the uses allowed under Section 4.1, Section 4.6, Section 4.7, and
Section 6.14.4 of this Agreement.
6.14.3 Transition Plan. Prior to the Termination Date, Timber Creek
shall cease accepting certain Recycling Materials, and shall accept reducing quantities of other
Recycling Materials, as set forth in the Transition Plan attached hereto as Exhibit "E." Timber
Creek shall also comply with other tasks and the timelines set forth in the Transition Plan.
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6.14.4 Parking of Trucks. Notwithstanding the foregoing, following the
Termination Date Timber Creek may park commercial equipment on the Property, provided that:
(a) the number and size of trucks does not exceed the limits set forth in Section 6.8.3; the
commercial equipment is not operated on the Property (excepting the necessary actions to park
and remove the commercial equipment).
6.14.5 Signage. On or before July 1, 2025, Timber Creek shall post a sign
on the Recycling Property in a location adjacent to South Locust Grove Road and a second sign
on the Recycling Property in a location adjacent to Columbia Road, both of which will state the
following: "THIS FACILITY WILL CLOSE ON JUNE 30, 2027." The sign will comply with
the size requirements set forth in Meridian City Code 11-5A-6(D)(2)(b)(I), and the letters will be
no less than six inches in height.
7. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY:
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
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(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.
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
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(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
(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 parry written notice thereof. The party
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.
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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. This 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 parry 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.
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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.
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.
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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.
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
parry 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. This Agreement amends and replaces the Original Agreement and the Modified
Agreement. 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.
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
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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.
22. THIRD-PARTY BENEFICIARIES. Except for Timber Creek, this Agreement
is not intended to create, nor shall it in any way be interpreted or construed to create any third-
parry beneficiary rights in any person or entity not a party hereto.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on
the date the Meridian City Council approved this Modified Development Agreement and
executed by the Mayor and City Clerk.
24. INCORPORATION OF EXHIBITS. All exhibits attached hereto are
incorporated herein.
[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 Robert E. Simison
ATTEST:
Chris Johnson, City Clerk
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STATE OF IDAHO )
) ss.
County of Ada )
On this day of December, 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 Robert E. Simison and Chris 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
L&G MU LLC- PARCEL NO. 1
A parcel located in. the E Y2 of the SE N of Section 6, Township 2 North, Range 1 East, Boise
Meridian, Ada County, Idaho,more particularly described as follows.
BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE % of the
SE K, from which an aluminum cap monument marking the northeasterly corner of the SE A of
said Section 6 bears N 0'04'44" W a distance of 2655.72 feet;
Thence N 89'21'59" W along the southerly boundary of said E Y of the SE a distance of 1323,88
feet to the southwesterly corner of said E'/ of the SE 'I;
Thence N 0°02'17" W along the westerly boundary of said E Z of the SE Y a distance of 2655.45
feet to the northwesterly corner of said E l of the SE ;
Thence S 89°22'37" E a distance of 1321,98 feet to an aluminum cap monument marking the
northeasterly corner of said E Y2 of the SE /;
Thence S 0-04'44" E along the easterly boundary of said E % of the SE ,A a distance of 2655.72
feet to the POINT Of BEGiNNiMG.
This parcel contains 80.64 acres.
NOTE: This description was prepared using record information including Record of Surveys,
subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has
been performed.
Prepared by. Glenn K. Bennett, PLS PIFI
Civil Survey Consultants, Incorporated SUR�r -
October 13, 2015
5082 � �
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L& G A+il,1RGOITIO, LLC— PARCEL 2
A, parcel located in the NE z4 of Section 5, Township 2 North, Range 1 East, 6oise Meridian, Ada
County, Idaho, more particularly described as follows:
BEGINNING at a brass cap monument markingthe northwesterly corner of said NE Ys,from which
a 5/8 inch diameter iron pin marking the southwesterly corner of said NE X bears
S 0'01'18" W a distance of 2674,72 feet;
Thence 5 0001'19" W along the westerly boundary of said NE '4 a distance of 1854.47 feet to a
5/8 inch diameter iron pin;
Thence leaving said westerly boundary S 78030'02" E a distance of 191.66 feet to a 5/8 inch
diameter iron pin;
)'hence N 43'00'20" E a distance of 108.41 feet to a 5/8 inch diameter iron pin;
Thence N 68°36'37" E a distance of 694,84 feet to a 5/8 inch diameter iron pin;
Thence 5 46°0231" E a distance of 379.56 feet to a 5/8 inch diameter iron pin;
Thence S 64'59'20" E a distance of 64.46 feet to a 5/8 inch diameter iron pin;
Thence N 0'2.2'35" W a distance of 32.24 feet to a point on the centerline of the Farr Lateral;
Thence along said centerline the following described courses;
Thence N 49'59'59" Ulf a distance of 27.38 feet to a point.-
Thence N 22°30'26" W a distance of 1518.71 feet to a point;
Thence N 25'12'16" W a distance of 135.17 feet to a paint;
Thence a distance of 153.61 feet along the arc of a 200.00 font radius crave left: said curve
having a central angle of 44000'19" and a long chord bearing N 47"12'75" W a distance of
149.86 feet to a point;
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5 5 663.002 7.1777 8634.5
Thence leaving said centerline N 0000'01" E a distance of 104.32 feet to a 5/8 inch diameter iron
pin on the northerly boundary of said NUS+N;
Thence N 89"55'47" W along said northerly boundary a distance of 297.51 feet:to the POINT OF
BEGINNING.
This parcel contains 32.22 acres.
NOTE: This descripbon was prepared using regard information including Record of Surveys,
subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has
been performed.
Prepared by; Glenn K. Bennett, PfS PRO
Civil Survey Consultants, Incorporated
October 13, 2015 Uj
to �+
K.
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EXHIBIT B
COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER
[TO BE INSERTED]
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EXHIBIT C
SITE PLAN
IN
;a
Y
` _ NNFMI�IiN
DRAFT
s
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EXHIBIT "D"
UTILITY EXTENSION
$ w ch ssropn—
o;
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w Verrteal qR
faitini St
WV 641
# W Victory:Rd C
If w We Ct
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rn
c
m E Rumpel Ln
:
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Feet 1
750 1.500
i
_ ,W Amity Rd 6 E amity Rd
Legend _
5
Existing Sewer f
# 0 fulures Phase t 5ewel
F 6 a
•-•Fuluru Phase 2 Sower
-Phase i Area I -. <''�•a`�„ �,
Phase 2 Area
iMeridian Ciry tirulis and Dr win i F.
aty of mew nmko ne wpr(. Iepra Dr warFardit3,1Tri CFBad W Inr m as',•II,�`
=0M;: ,._0.� . wr .,ov�e, �r.m�b �,�d, , :, South Meridian Utility Concept Plan
nd to&lie'f�r xlaxtrsa[ies•r misuw.FUNre 9=lesa xwar Iacalidss aro pcPon814.W a�-a
rWls1 ro-nwar�ri.
rl+>rma"�,mWB ft.datarnpy,Mhi"b?,%.COdW dacwmrV W1P4aaWftr« and Annexation
blMJYa,.e 0.asnstc!Ihi]map.Na"b&"fib bu phoreoop>d beciy ^` 1d3 E't�1r`-
r�iah mLwam em deal t xm tm reanres rannri'emis XA tCaetiy. f
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EXHIBIT "E"
TRANSITION PLAN
Timber Creek Recycling
"Engineering waste to its highest and best Li,,,
Date: December 3,2024
Phased Transition Plan for the Meridian Compost Site
7695 S. Locust Grove Rd
Meridian, !D 83642
11;*
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Phase Focus 2024 Timing
%of total Cheese
WAS diverted
Odor
o Stop regularly receiving Cheese WAS Q1 Q2 Q3 Q4
#1 on weekends at the Meridian site
tt 1 o Conduct experiments of Calcium
Hydroxide,"lime"(Ca(OH)2),addition
to Cheese WAS at Meridian site.
(Complete o Coordinate with Sorrento Lactalis on
by procurement of equipment for addition
December of"Lime"to Cheese WAS at Sorrento
2024)
plant
Dust
o Effective November 111,no more
Concrete/Asphalt/Tile/Porcelain)Brick
accepted at the Meridian site Q1 Q2 Q3 Q4
a Continue regular dust control
measures(i.e.water truck)
Volume
Q1 Q2 Q3 Q4
o At least 25%of the inbound
Cheese WAS diverted from the
Meridian site z;%
Accountability
o Present final Transition Plan to Q1 Q2 Q3 Q4
Meridian City Council
o Begin drafting a Tier II
Composting Facility"closure
plan"for DEQ and CDH approval
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55663.0027.17778634.5
Phase Focus 2025 Timing %of total Cheese
WAS diverted
Odor
o Pilot,full scale addition of"lime"to Q1 Q2 Q3 Q4
#2 inbound Cheese WAS at the Sorrento
tt Cheese Plant(Q1)
o Incorporate treated Cheese WAS
into compost process at Meridian
(Complete Site and monitorfor effectiveness
by (Q1)
December o Ongoing coordination with Sorrento
2025) Lactalis for addition of"lime"
o Fully implement"lime"addition to
Cheese WAS as a odor control
measure,so long as testing was
successful(Q2)
Dust
o Final crushing of
Concrete/Asphalt/Tile/Porcelain/
Brick at the Meridian Site(Q1) Q1 Q2 Q3 Q4
o Continue regular dust control
measures(i.e.,water truck)
Volume
o Complete engineeringfor additional Q1 Q2 Q3 Q4
ASP pad(1 of 2)at the Nampa site
(Q2)
o Additional ASP pad(1 of 2)under
construction at the Nampa site(Q3) 50%
o Additional25%of inbound Cheese
WAS diverted from the Meridian site
(Q4)
Accountability
o Quarterly inspections with Meridian Q1 Q2 Q3 Q4
City Code Enforcement
o Closure signage posted(Q2)
o Complete a draft closure plan in
coordination with CDH and DEQ
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Phase FOCUS 2026 Timing %of total Cheese
WAS diverted
Odor
o Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4
it�. 3 odor control measures
Dust
(Complete o Continue regular dust control
by measures(i.e.,watertruck) Q1 Q2 Q3 Q4
December
2026) Volume
o Complete engineering for additional
ASP pad(2 of 2)(Q2) Q1 I Q2 I Q3 q4
o Additional ASP pad(2 of 2)under
construction atthe Nampa site(Q3) 10o�ro
o 100%of the Cheese WAS diverted
from the Meridian site(Q4)
Accountability
o Quarterly inspections with Meridian Q1 I Q2 I QS Q4
City Code Enforcement
o Finalize Tier II Composting Facility
Closure Plan with IDEQ and CDH(Q4)
Phase Focus 2027 Timing %of total Cheese
WAS diverted
Odor
o No cheese WAS received at the Q7 Q2
#4 Meridian site
Dust
(Complete o Continue regular dust control
30June measures(i.e.,water truck) Q1 Qz
2027)
Volume
o Sale or transfer of remaining 100%
inventory Q1 Qz
' o Movement of compost/recycling
materials and infrastructure off
of the Meridian site
Accountability
o Quarterly inspection with
Meridian City Code Q1 Q2
Enforcement(Q1)
o Final site walk through with
Meridian Code Enforcement
(Q2)
o Final Tier 11 site close out with
CDH and DEQ(Q2)
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EXHIBIT F
LIST OF RECYCLING MATERIALS
• Grass
• Leaves
• Tree waste (limbs, branches, etc.)
• Stumps
• Wood chips
• Saw dust
• Wood mulch
• Christmas trees
• Pine needles/cones
• Mixed food waste, mainly bulk produce, some kitchen scraps (e.g., egg shells, fruits and
vegetables, seeds and cores, tea bags and coffee filters (no meat))
• Pumpkins
• Corn Cobs
• Bean mill organic waste
• Cheese Whey WAS from Sorrento Cheese Plant
• Garden/landscape waste (other natural materials typically derived from general landscape
like bushes and plants)
• Dirt
• Sod
• Sheetrock
• Clean construction wood (plywood, dimensional lumber, etc.)
• Manure (chicken, llama, horse, cow)
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• Compost and compost screenings
• Dairy compost
• Mushroom compost
• Potato cake
• Straw
• Hay
• Agricultural rejects (e.g. onions, potatoes, silage beets, corn, peppers, peas, beans, mint,
etc.)
• Compostable plates, cups &utensils,paper
• Paper leaf bags and small quantities of compostable paper and cardboard.
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