HomeMy WebLinkAbout19-00557 - Operating Agreement - Sky Meadows Block 1 & 5 - Rezone to LDR1AMENDED AND RESTATED OPERATING AGREEMENT
FOR
SKY MEADOWS DEVELOPMENT, LLC, an Idaho limited liability company
THE INTERESTS DESCRIBED AND REPRESENTED BY THIS OPERATING
AGREEMENT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF
1933 (THE "ACT" OR ANY APPLICABLE STATE SECURITIES LAWS "STATE
ACTS") AND ARE RESTRICTED SECURITIES AS THAT TERM IS DEFINED IN
RULE 144 UNDER THE ACT. THE SECURITIES MAY NOT BE OFFERED FOR
SALE, SOLD, OR OTHERWISE TRANSFERRED EXCEPT PURSUANT TO AN
EFFECTIVE REGISTRATION STATEMENT OR QUALIFICATION UNDER THE
ACT AND APPLICABLE STATE ACTS OR PURSUANT TO AN EXEMPTION FROM
REGISTRATION UNDER THE ACT AND APPLICABLE STATE ACTS, THE
AVAILABILITY OF WHICH IS TO BE ESTABLISHED TO THE SATISFACTION OF
THE COMPANY.
THIS AMENDED AND RESTATED OPERATING AGREEMENT (the "Agreement")
is made and entered into as of the -2,,2 day of December, 2006, between the persons who are
signatories to this Agreement (such persons are collectively referred to in this Agreement as the
"Members" and individually as a "Member"). This Agreement amends and restates that certain
Operating Agreement originally entered into as of November 6, 2006.
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
ARTICLE 1
FUNDAMENTAL OPERATING AGREEMENT PROVISIONS
1.1 Name. The name of the Company shall be SKY MEADOWS DEVELOPMENT,
LLC (the "Company").
1.2 Member Information. The name, business address, and Percentage Interest of
each Member are as set forth on Exhibit A hereto.
1.3 Period of Duration. The Company shall commence on the date the Articles are
filed with the Secretary of State of the State of Idaho and shall continue in perpetuity, or until
earlier terminated by operation of law or pursuant to the terms of this Agreement.
1.4 Registered Office; Registered Agent. The location of the registered office of the
Company shall be 990 Hillview Drive, Rexburg, Idaho, 83440. The Company's registered agent
at such address shall be Joseph Barton. The Manager shall have the authority to change the
registered office and registered agent.
ARTICLE 2
FORMATION OF COMPANY; DEFINITIONS
2.1 Formation. The Members have formed or shall form a limited liability company
pursuant to the provisions of the Act.
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IN WITNESS WHEREOF, the Member and the Manager acknowledge under penalties of
perjury that the matters and facts set forth in this Agreement are true to be effective as of the date
first above written.
MEMBER:
BLUE OX DEVELOPMENT, LLC,
a Utah limited liability company
By:
Name: fl&r&& R n
Its: (pn,i�V
MEMBER:
MARED INVESTMENTS, LTD.,
By: MARED MANAGEMENT, L.L.C.
a T eY(V S limited liability
company
By:
Name: poi A sd� r
Its:
MEMBER AND MANAGER:
HAWK ENTERPRISE, a LLC,
By: I I , o"1—,
Name:
Its:
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