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CC - Affidavit of Legal InterestAFF)•DAVI1T OF LEGAL INTEREST STATE OF fDAHO ) COUNTY OF ADA ) Robert L. Phillips, Authorized Signer, I, Brighton Development Inc. 2929 W. Navigator Drive (name) (address) Meridian Idaho (city) (state) being first duly sworn upon, oath, depose and say: I. That I am the record owner of the property described on the attached, and I grant my permission to: Brighton Development Inc. 2929 W Navigator 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). Dated this 23 day of November Robert L. Phillips (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. (Notary Public for Idaho) SHARIVAUGHAN Notary Public - State ofldaho 1 Commission Number 20181002 Residing at: ' My Commission Expires Jun 1, 2024 - My Commission Expires: 33 E Broadway Suite 210 o Meridian, Idaho 83642 Phone: (208) 884-5533 o Facsimile: (208) 888-6678 o Website: www.meridiancity.org 20 20 �Az Sir STATE OF IDAHO Office of the secretary of state, Lawerence Denney ANNUAL REPORT M Idaho Secretary of State �r °tig4 PO Box 83720 �rE of Boise, ID 83720-0080 (208)334-2301 Filing Fee: $0.00 000411608 For Office Use Only -FILED- File #: 0004116084 Date Filed: 1/4/2021 12:12:07 PM 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 0 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 Sign Here 0110412021 Date W CD cTI M cn I N J CD O N O �A N CD N F_' N N N I Cn C) ri (D Ft ri 1< O rh rt c-t N d (D Page 1 of 1 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA Michael A. Hall, President of I, SCS Investments LLC Boise (name) (city) being first duly sworn upon, oath, depose and say: 855 W. Broad Street, Suite 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 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). Dated this day of , 20� (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Public for Id o) APRIL AIAINE COMMISSION #W192 Residing at: NOTARY PUBLIC STATE OF IDAHO My Commission Expires: ff�/112Z &vk (Rev 05/29/20) RESTATED THIRD AMENDMENT TO OPERATING AGREEMENT OF SCS INVESTMENTS LLC (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 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 d. Section 3.3 of the Operating Agreement shall allow for two (2) Managers. All remaining parts of Section 3.3 shall remain the same. 3. A 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 attorney(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. A new 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. i. 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 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 Chief Executive Officer's management powers, the President is authorized to execute and deliver: 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. (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. 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 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 The Officers appointed, including the Chief Executive Officer, President, and the Secretary, are identified and 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 I 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 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 SIGNED effective as of the Effective Date. MEMBERS: F7---- Manager and M=r Restated Third Amendment to Operating Agreement of SCS Investments LLC .:SMITfl Member