HomeMy WebLinkAboutAffidavit of Legal Interest V1(E IDI� I.�1\
APPROVED
DATE 04/20/22
f IlE NUMBEA�-zozvooe�
STATE OF IDAHO
COUNTY OF ADA
AFFIDAVIT OF LEGAL INTEREST
Robert Phillips, Authorized Signer,
I DWT Investments
(name)
Meridian
(city)
being first duly sworn upon, oath, depose and say:
2929 W Navigator Dr. #400
(address)
Idaho
(state)
That I am the record owner of the property described on the attached, and I grant my
permission to:
Brighton Development, Inc
(name)
2929 W Navigator Dr. #400
Meridian ID 83642
(address)
to submit the accompanying application(s) pertaining to that property.
I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting froTn any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this 1 day of February 20_21
(Signature)
SUBSCRIBED AND SWORN to before ine the day and year first above written.
(Kota Pu is for Idaho)
„ SHARIVAUGHAN
Notary Public - State of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024
Residing at:
My Commission Expires: _l
(Rev 05/29/20)
APPROVED
0412-2 CONSENT RESOLUTION OF
THE MEMBER OF
DWT INVESTMENTS, LLC
The undersigned, being the sole Member of DWT INVESTMENTS, LLC, an Idaho
limited liability company ("Company"), does hereby approve and take the following Company
action without a meeting in accordance with the general limited liability company laws of the
State of Idaho, and the constituent documents of the Company:
WHEREAS, an affiliate of Company is a member of SCS Brighton, LLC an Idaho limited
liability company ("SCSB");
WHEREAS, the two members of SCSB each applied for a line of credit loan from Idaho
Central Credit Union ("Lender"), in the principal amounts of $2,500,000.00 respectively
(collectively "Loan") with certain real property as collateral ("Property");
WHEREAS, SCSB distributed the Property to its members, which a fifty (50%) percent
tenant in common interest was further transferred to the Company;
WHEREAS, the Company appointed Brighton Corporation, an Idaho corporation, as
Manager to manage the affairs of the Company. However, the Manager may not incur any
indebtedness without a resolution from the Member specifically authorizing the Loan.
WHEREAS, the Company desires to authorize the Manager to execute and deliver loan
agreements, promissory notes, deeds of trust, mortgages, security instruments, contracts,
resolutions, closing or settlement statements, escrow instructions and/or any other similar
documents, amendments and/or addendums and other loan and closing documents, in
connection with the Loan; and
NOW, THEREFORE, BE IT RESOLVED that Robert L. Phillips, President of Brighton
Corporation, Manager of the Company, may take any and all actions and execute documents
necessary to effectuate the Loan, and is hereby authorized to: (a) sign, execute, certify to,
verify, acknowledge, deliver, accept, file, and record, on behalf of the Company any documents
in connection with the Loan as described above; and/or (b) take, or cause to be taken, any and
all such actions in the name and on behalf of the Company that is in his judgment necessary,
desirable, or appropriate in order to effectuate the purposes of this Consent Resolution; and it
is
FURTHER RESOLVED, that all contracts, documents and/or instruments executed or
actions taken by the Manager authorized by this Consent Resolution is hereby ratified and
approved by the sole Member and the Company.
The undersigned have executed this Consent Resolution effective as of February 7, 2020.
This Consent Resolution may be executed by ff csimile, electronically, and in counterparts.
tavi W. �T, rnbull, sole Member of
DWT INVESTMENTS LLC
CONSENT RESOLUTION OF THE MEMBER OF DWT INVESTMENTS LLC 1
�E[(IDIAN�
APPROVED
UIL 042022 AFFIDAVIT OF LEGAL INTEREST
ruWaa
STATE OF IDAHO )
COUNTY OF ADA )
Michael A. Hall, President of
I, SCS Investments LLC
Boise (name)
(city)
being first duly swom upon, oath, depose and say:
855 W. Broad Street, State 300
Idaho (address)
(state)
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
2929 W. Navigator Drive, #400
Brighton Development, Inc. Meridian, Idaho 83642
(name) (address)
to submit the accomlrmci ng upplicauon(s) pertaining to that property.
2. 1 agree to indemnify. defend and hold the City of Meridian and its employees harmless
from any claim or Iinhilitc resulting from any dispute as to the statements contained
herein or a: to the m, ncr;hil, of dtc property which is the subject ofthe application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this day of 20—f/_
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
/ Public for
DW
Residing at: My Commission Expires:
(Rev 05129/20)
(AWE IDR IA1
APPROVED RESTATED THIRD AMENDMENT TO OPERATING AGREEMENT
DATE: 04120/22 OF SCS INVESTMENTS LLC
FILE NUMBEAI�=�, ooa, (Replacement of a Manager / Power of Attorney / Addition of Officers)
THIS RESTATED THIRD AMENDMENT TO THE OPERATING AGREEMENT OF
SCS INVESTMENTS LLC ("Amendment') is made by Steven C. Smith ("SS") and Rebecca B.
Smith ("RS") dated effective as of October 25, 2018. The undersigned representing the majority
of the interests of members of SCS Investments LLC, an Idaho limited liability company
("Company"), hereby make the following amendment to the Operating Agreement dated
effective March 22, 2004 ("Operating Agreement'):
Recitals
A. SCS Investments LLC, an Idaho limited liability company ("Company") was formed
pursuant to that certain Operating Agreements of SCS Investments LLC dated effective
March 22, 2004.
B. SS and RS, as the sole Members in the Company, constitute a "Majority Vote" required
to amend the Operating Agreement pursuant to Sections 2.12 and 15.12.
C. The Members desire to add SCS Management LLC as a Manager, and remove Hawkins -
Smith Management, Inc. as a Manager;
D. The Members desire to authorize the appointment of one or more individuals to act as
legal agents under a Power of Attorney; and
E. The Members desire to appoint Officers of the Company, listed in Schedule 1, granting
such Officers the authority as described below.
Agreement
1. This Restated Third Amendment shall supersede and replace any and all previous Third
Amendments.
2. Section 3.3 is Amended as follows:
a. SCS Management LLC is hereby added as a Manager to replace Hawkins -Smith
Management, Inc.;
b. Hawkins -Smith Management, Inc. is hereby removed as a Manager;
c. Steven C. Smith shall remain as a Manager;
Restated Third Amendment to Operating Agreement
of SCS Investments LLC
(AWE IDR IA
APPROVED d. Section 3.3 of the Operating Agreement shall allow for two (2) Managers. All
DATE. 04/20/22 remaining parts of Section 3.3 shall remain the same.
FILE NUMBER. -
new Section 3.9 is added, and shall read as follows:
Section 3.9 Attorney in Fact. Any Member or Manager may make, constitute and appoint one
or more individuals to serve as its true and lawful attomey(s) in fact in name, place and stead,
and such attorney(s) in fact shall have full power and authority to manage the business affairs of
the Company and to make all decisions with respect to such management as provided herein and
as provided within the instrument making such appointment.
4. Anew Section 3.10 is added, and shall read as follows:
Section 3.10 Officers. The Manager(s) may, by unanimous vote, delegate all or some of their
authority to manage the business and affairs of the Company to one or more Officers, who may,
but are not required to, be a Member(s) or Manager(s) of the Company. In the event that Officers
are appointed, the following provisions shall apply. The Officers of the Company shall be a Chief
Executive Officer, President, Chief Financial Officer and Secretary. The Company may also have
such other Officers as may be appointed by the Manager(s). Any number of offices may be held
by the same person, except that the post of Secretary and President shall not be held by the same
individual. The Officers of the Company shall be elected by a majority vote of the Manager(s) and
each shall serve at the pleasure of the Manager(s). Election or appointment of any Officer shall not
of itself create a contract right. A Manager may also be an Officer. Officers of the Company shall
receive such compensation as the Manager(s) may approve from time to time. Any Officer may
be removed, either with or without cause, by the Manager(s), at any meeting thereof, or by any
Officer upon whom such power of removal may be conferred by the unanimous vote of the
Manager(s). Any Officer may resign at any time by giving written notice to the Manager(s) and
such resignation shall take effect upon the receipt of such notice or at any later time specified
therein. A vacancy in any office because of death, resignation, removal, disqualification, or any
other cause shall be filled in the manner prescribed in this Agreement. The Officers appointed and
elected by the Manager(s) shall manage the Company's operations under the direction and
supervision of the Manager(s), as further described below and as limited by Section 4.1.
(a) The Chief Executive Officer and shall have all general powers and duties of
management and shall direct overall strategy of the Company.
Without limiting the foregoing, the Chief Executive Officer is authorized
on the Company's behalf to make all decisions regarding the following
matters (except for those decisions requiring Member approvals or
delegation by the Members as stated in Section 4.1):
a. The development, sale, lease or other disposition of the Property;
b. The purchase or other acquisitions of assets of all kinds;
c. The management of all or any part of the Company's Property;
d. The borrowing of money and the granting of security interests in the
Property (including loans from Members);
Restated Third Amendment to Operating Agreement
of SCS Investments LLC
cWEIDR Iy
APPROVED
e. The prepayment, refinancing, or extension of any mortgage
UTE 04/20/22
affecting the Property;
HIENNUA."'°" °°°'
f. The compromise or release of any of the Property's claims or debts;
and
g. The employment of persons, firms, or corporations for the operation
and management of the Property;
In the exercise of the Chief Executive Officer's management powers, the President is authorized
to execute and deliver:
It. All contracts, conveyances, assignments, leases, subleases,
franchise agreements, licensing agreements, management contracts
and maintenance contracts covering or affecting the Property
i. All checks, drafts, and other orders for the payment of Company
funds;
j. All promissory notes, mortgages, deeds, deed of trust, security
agreements, and other similar documents; and
k. All other instruments of any kind or character relating to the
Company's affairs whether like or unlike the foregoing.
(b) The President shall, subject to the control of the Manager(s), have general
supervision, direction and control of the day -today business and the Officers of
the Company. The President shall have the general powers and duties of
management and shall have such other powers and duties as may be from time
to time assigned by the Manager(s) of the Company.
j. Without limiting the foregoing, the President is authorized on the
Company's behalf to make all decisions regarding the following matters
(except for those decisions requiring Member approvals or delegation by
the Members as stated in Section 4.1):
a. The development, sale, lease or other disposition of the Property;
b. The purchase or other acquisitions of assets of all kinds;
c. The management of all or any part of the Company's Property;
d. The borrowing of money and the granting of security interests in the
Property (including loans from Members);
e. The prepayment, refinancing, or extension of any mortgage
affecting the Property;
f. The compromise or release of any of the Property's claims or debts;
and
g. The employment of persons, firms, or corporations for the operation
and management of the Property;
In the exercise of the President's management powers, the President is authorized to execute and
deliver:
Restated Third Amendment to Operating Agreement
of SCS Investments LLC
cWEIDR Iy
APPROVED
UTE: 04/20/22
HIEUMBEk w2miom�
h. All contracts, conveyances, assignments, leases, subleases,
franchise agreements, licensing agreements, management contracts
and maintenance contracts covering or affecting the Property
i. All checks, drafts, and other orders for the payment of Company
funds;
j. All promissory notes, mortgages, deeds; deed of trust, security
agreements, and other similar documents; and
k. All other instruments of any kind or character relating to the
Company's affairs whether like or unlike the foregoing.
(c) In the absence or disability of the President, the Chief Financial Officer shall
perform all the duties of the President, and when so acting shall have all the
powers of, and be subject to all the restrictions upon the President. The Chief
Financial Officer shall be the principal financial officer of the Company and be
responsible for to keep and cause to be dept adequate and correct accounts of
properties and business transactions of the Company. The Chief Financial
Officer shall have such other powers and perform such other duties as from time
to time may be prescribed for them respectively by the Manager(s), the
President, or this Agreement.
(d) The Secretary shall keep or cause to be kept at the principal office a book of
minutes of all meetings and actions of the Members, Managers, and Officers,
with the time and place of holding such meetings, the names of those present,
and the proceedings thereof. The Secretary shall keep or cause to be kept at the
principal office copies of this Agreement, an updated list of all Members and
their respective Membership Interests and addresses, of all Managers and their
respective Membership Interests and addresses, all Managers and their
respective addresses, and all Officers and their respective addresses. The
Secretary shall give notice, or cause notice to be given, to all meetings for which
notice is required. If the Secretary fails to act, notice may be given by any other
Officer of the Company. The Secretary shall maintain records of the mailing or
other delivery of notices and documents to Members, Managers, and Officers
as prescribed by this Agreement or the Members.
(e) Indemnity of the Officers. The Company shall indemnify, defend and hold
harmless its Officers to the fullest extent permitted by law, provided that such
action in any given situation was taken in accordance with the Operating
Agreement and applicable law.
(f) Standard of Conduct for Officers. No Officer shall be liable to the Company or
to any Manager or Member for any loss or damage sustained by the Company
or any Manager or Officer unless the loss or damage shall have been the result
of gross negligence or willful misconduct of the Officer. The Officers of the
Company shall not be liable to third parties for losses or damages for conduct
as an Officer except to the extent that the Act, as it now exists or may hereafter
be amended, prohibits elimination or limitation of Officer liability.
Restated Third Amendment to Operating Agreement
of SCS Investments LLC
(AWE IDR IA
APPROVED
DATE. 04120/22 cers appointed, including the Chief Executive Officer, President, and the Secretary, are
KE NUMBEAJi=°='°°°' Iand listed on Schedule 1, which is included in this Amendment. A Statement of
Authority listing the Officers appointed and elected by the Manager(s) may be filed with the Idaho
Secretary of State pursuant to Idaho Code Section 30-25-302(a). The rank of the Officers is fixed
by the order in which they are listed on Schedule 1. Upon the death, resignation or removal of an
Officer, the Manager(s), upon the filling of the vacancy created thereby, shall amend this
Agreement by replacing Schedule 1 attached hereto with an updated list of all such Officers and
may file an updated Statement of Authority with the Idaho Secretary of State reflecting the change
in Officers.
Restated Third Amendment to Operating Agreement
of SCS Investments LLC
(AWE IDR IAt
APPROVED
PATE: 04/20/22
FILE NUMBER. n-sozi aoei SCHEDULE 1
1. Chief Executive Officer. Steven C. Smith
2. President. Michael A. Hall
3. Chief Financial Officer. April Bull
4. Secretary. April Bull
(End of Text; Signature on the Following Page)
Restated Third Amendment to Operating Agreement
of SCS Investments LLC
NIET
APPROVED
CA oanorzz
effective as of the Effective Date.
MEMBERS:
REBLGCA B. SMITH
Restated Third Amendment to Operating Agreement
of SCS Investments LLC
(E IDI� I.�1\
APPROVED
DATE 04/20/22 I
fIlENUMBEA-zozvooe�
STATE OF IDAHO )
COUNTY OF ADA )
AFFIDAVIT OF LEGAL INTEREST
Robert Phillips. Authorized Signer,
I Brighton Development, Inc
--
(name)
Meridian
(city)
being first duly sworn upon, oath, depose and say:
2929 W Navigator Dr. #400
(address)
Idaho
(state)
That I am the record owner of the property described on the attached, and I grant my
permission to:
Brighton Development, Inc
(name)
2929 W Navigator Dr. #400
Meridian ID 83642
(address)
to submit the accompanying application(s) pertaining to that property.
2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this
of February
20 21
- J � /,- -
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
(NotaWPuthc for Idaho)
SHARI VAUGHAN
Notary Public - State of Idaho
Commission Number 20181002
My Commission Expires Jun 1, 2024
Residing at: cc -e- , / a
My Commission Expires: _16 2 U a54
(Rev 05/29/20)
111111111111
�ilrvi� IIIIIIII
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0004116084
APPROVED STATE OF IDAHO
04/20/22 Office of the secretary of state, Lawerence Denney
'" E ANNUAL REPORT
�jj %U,Ia:e H z 1 Idaho Secretary of State
PO Box 83720
STE 0
4 Boise, ID 83720-0080
(208) 334-2301
Filing Fee: $0.00
For Office Use Only
-FILED-
File #: 0004116084
■17MA91EMErcI
Entity Name and Mailing Address:
Entity Name: BRIGHTON DEVELOPMENT INC.
The file number of this entity on the records of the Idaho Secretary 0000464388
of State is:
Address 2929 W NAVIGATOR DR
STE 400
MERIDIAN, ID 83642-8298
Entity Details:
Entity Status Active -Good Standing
This entity is organized under the laws of: IDAHO
If applicable, the old file number of this entity on the records of the C152729
Idaho Secretary of State was:
The registered agent on record is:
Registered Agent
Agent or Address Change
❑ Select if you are appointing a new agent.
Corporate Officers and Directors:
AMANDA MCCURRY
Registered Agent
Physical Address
2929 W. NAVIGATOR DRIVE
STE. 400
MERIDIAN, ID 83642
Mailing Address
2929 W NAVIGATOR DR
STE 400
MERIDIAN, ID 83642-7553
Name
Title
Business Address
Jonathan D. Wardle
President
2929 W. NAVIGATOR DR.
STE. 400
MERIDIAN, ID 83642
Amanda M. McCurry
Secretary
2929 W. NAVIGATOR DR.
STE. 400
MERIDIAN, ID 83642
Robert L. Phillips
Treasurer
2929 W. NAVIGATOR DR.
STE. 400
MERIDIAN, ID 83642
The annual report must be signed by an authorized signer of the entity.
Job Title: Authorized Signer
Shari Vaughan 0110412021
Sign Here Date
Page 1 of 1
CUEIDR IAy
APPROVED
DATE 04/20/22
FILE NUMBER: -D -DWI
STATE OF IDAHO )
COUNTY OF ADA )
I Gary Murgoitio
AFFIDAVIT OF LEGAL INTEREST
-6 'South Locust Grove
Meridian
(name) (address)
,Idaho
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
Mike Wardle 2929 W. Navigator Dr., Ste. 400 Meridian, ID
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
hA
Dated this I I March day of , 20 20
Az� . k ' r � A, -
Gary M goitio (Signature)
SUBSCRIBED AND SWORN to before me the day and year first above writt n.
J//
AMANDA MCCURRY (Notary Ptr Tic for Idaho)
COMMISSION t129b28NOTARY PUBLIC c_ _ �J 1���
STATE OF DAHO Residing at: s''',rj^�',�� I
MY COMMISSION EXPIRES 04/15/2= /z"02'—;—
My Commission Expires:
33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 0 Facsimile: (208) 888-6678 0 Website: www.meridiancity.org
L�(E IDI� N_
APPROVED
DAT 04/20/22
SCE %Ud B: R' H-2021-0—
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillilI
0004087111
STATE OF IDAHO
Office of the secretary of state, Lawerence Denney
ANNUAL REPORT
Idaho Secretary of State
PO Box 83720
Boise, ID 83720-0080
(208) 334-2301
Filing Fee: $0.00
For Office Use Only
-FILED-
File #: 0004087111
■ �k i is � l C�' Ri f �aB7f ���Y��X3 C f/ C �l � �� l
Entity Name and Mailing Address:
Entity Name:
MURGOITIO LIMITED PARTNERSHIP
The file number of this entity on the records of the Idaho Secretary 0000017446
of State is:
Address
JAMES MURGOITIO
1785 W ASPEN COVE DR
MERIDIAN, ID 83642-6503
Entity Details:
Entity Status
Active -Current
This entity is organized under the laws of:
IDAHO
If applicable, the old file number of this entity on the records of the L2647
Idaho Secretary of State was:
The registered agent on record is:
Registered Agent
james p murgoitio
Registered Agent
Physical Address
1785 W ASPEN COVE
MERIDIAN, ID 83642
Mailing Address
1785 W ASPEN COVE DR
MERIDIAN, ID 83642
Limited Partnership General Partners
The annual report must be signed by an authorized signer of the entity.
James P. Murgoitio
1210312020
Sign Here
Date
Job Title: General Partner
Name
Business Address
� James P. Murgoitio
1785 ASPEN COVE
MERIDIAN, ID 83642
0 Gary R Murgoitio
1785 ASPEN COVE
MERIDIAN, ID 83642
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