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HomeMy WebLinkAboutAFFIDAVIT OF LEGAL INTEREST - 21-00681 - Madison Station - RPRWSTAT020070 - Trejo St Rezone to HDR1Arbor Square Group, LLC 11S 184th Pl SW Bothell, WA 98012 August 31, 2021 To Whom It May Concern, This affidavit of legal interest authorizes Sweetwater Companies, LLC, an Arizona limited liability company ("Sweetwater") to act as an agent on behalf of Arbor Square Group, LLC, the sole owner of three (3) parcels of undeveloped land located in Rexburg, ID (Parcel Numbers RPRWSTAT020070, RPRXBCA0257664, and RPRXBCA0259012). In this capacity, Sweetwater is authorized to take any and all actions related to the development of these parcels including, but not limited to, submitting an application for rezoning of the northern most parcel (RPRWSTAT020070), commissioning third party engineering firms to complete any and all necessary environmental and/or soils studies, hiring other engineering, consulting, architecture or construction firms to complete any other activities required to diligence and develop the land. Warm Regards, Dave Richardson Owner & Managing Member Arbor Square Group, LLC, an Idaho limited liability company Ric 0.0'. y ......., 0.0'1. .ro 0.Solon Notary Signature �, Notary Seal Notary i Date v Z c7 Z Public% g �f/fO I lj 110 "��� OPERATING AGREEMENT BY THE MEMBERS OF ARBOR SQUARE GROUP, LLC ARTICLE I. ORGANIZATION OF THE COMPANY 1.01. Formation. The parties to this Agreement have agreed to the formation of ARBOR SQUARE GROUP, LLC, a limited liability company organized under the provisions of the Idaho Act. A certificate of organization has been filed with the Idaho Secretary of State. The Members may take such further actions as they deem necessary to permit the Company to conduct business as a limited liability company in any other jurisdiction. 1.02. Principal _Office. The principal office of the Company shall be at I IS 148`1 Pl SW, Bothell, WA 98012, or such place as may be designated from time to time by the Members. The Members may establish additional places of business for the Company. 1.03. Business of the Com an . The Company may engage in any business permitted by Idaho law, but may not engage in any business or transact in any way that would cause any or all member LI -Cs to lose self-directed IRA status. ARTICLE Il. MEMBERS 2.01. Initial Members. The names and addresses of the Members, their Capital Contribution, and their initial share of the Net Profits and Net Losses of the Company are as follows: Member Address Capital Contribution Share of Net Profits & Net Losses Matthew Niemeyer 138 Polly Pl. Sequim, WA 98382 $ 904,026.03 43.75% David and Diana Richardson 115 184i1 PI SW Bothell, WA 98012 $ 645,732.90 31.25% Millennium Trust Co., LLC 544 N 511 Avenue Custodian 1~BO Richard Sequim, WA 98382 McMenamin IRA 268376332 $ 200,000.00 9.6% Millennium Trust Co., LLC 544 N 5'1 Avenue Custodian FBO Shari Sequim, WA 908382 McMenamin IRA 215741125 $ 306,575.31 14.9% Richard McMenamin 544 N 5'h Avenue Sequim, WA 98382 $ 10,011.00 0.5% Total Contributions $ 2,066,345.24 100.00% Operating Agreement - Page - 1 2.02. Additional Members. (a) A person other than a Transferee shall become a Member of the Company upon (i) the unanimous consent of the Members; (ii) payment of the agreed upon Capital Contribution to the Company by the person; and (iii) the person signing an addendum to this Agreement agreeing to be bound to its terms. . (b) A Transferee becomes a Member upon the (i) unanimous consent of the Members other than the transferor -Member and (ii) the Transferee signing an addendum to this Agreement agreeing to be bound to its terms. (c) A Member who has transferred his or her entire Transferable Interest ceases to be a Member once the Transferees of his or her entire Transferable Interest become Members. (d) Changes to the names and addresses of the Members and the names and addresses of new Members shall be identified by an addendum to this Operating Agreement. 2.03. Liability for Reguired Contributions. A Member is liable to the Company for his or her Capital Contribution. In addition, any Member who fails to make a required Capital Contribution may have his or her Transferable Interest forfeited and he or she may be expelled as a Member of the Company pursuant to Section 7.04. 2.04. Additional Capital, Limitation. Other than the contributions of the Members set forth in Section 2.01 and new Members as provided in Section 5.09, no Member shall be required to make any additional contributions to the capital of the Company nor be obligated to restore any negative Capital Account as defined in Section 4.01. No Member shall have any liability to the Company, to the other Members, or to the creditors of the Company on account of any deficit balance in such Member's Capital Account except to the extent such deficit arises from the failure of the .Member to contribute the full amount of his or her Capital Contribution which he or she was obligated to contribute. No Member shall be entitled to interest on any Capital Contribution or on such Member's Capital Account. 2.05. Member Authority Limited. A Member is not an agent of the Company solely by .reason of being a Member. Unless expressly authorized to do so by the Members collectively by an affirmative vote, no Member shall have any power or authority to bind the Company in any way or to render it financially liable for any purpose. 2.06. Liability of Members. The debts, obligations, or other liabilities of the Company, whether arising in contract, tort, or otherwise, belong solely to the Company and do not become the debts, obligations, or liabilities of a Member solely by reason of the Member acting as a Member. Operating Agreement - Page - 2 ARTICLE III. MANAGEMENT OF THE COMPANY 3.01. Management. (a) The Company is manager -managed by the number of managers appointed by affirmative vote of Members holding more than a majority interest. Unless and until Members holding more than a majority interest appoint a different manager or managers by affirmative vote, ]David Richardson shall be the manager. The conduct of the Company's business and the management of its affairs will be exercised and conducted solely by the Managers and those persons designated by them in accordance with this Agreement. Each Manager has equal rights in the management and conduct of the activities of the Company. A difference arising among Managers as to a matter in the ordinary course of the activities of the Company may be decided by affirmative vote of Members holding more than a majority interest. However, the Managers must receive the prior two-thirds (2!3) consent of the Members to do any of the following: (1) Sell, lease. exchange, or otherwise dispose of all, or substantially all, of the Company's property, with or without the goodwill, outside the ordinary course of the Company's business; (2) Approve a merger, conversion, or domestication involving the Company; (3) Undertake any other act outside the ordinary course of the Company's business; or (4) Amend this Agreement. (b) Each Manager shall hold office until his or her death, resignation, or removal. A person need not be a Member to be a Manager, but the dissociation of a Member who is also a Manager removes the person as a Manager. If a person who is both a Manager and a Member ceases to be a Manager, that cessation does not by itself dissociate the person as a Member. A .Manager may resign upon thirty (30) days prior written notice to the other Managers. The .Members may elect a new Manager to replace the resigning Manager at a meeting called for that purpose. (c) A Manager may be removed as a Manager at any time with or without cause by an affirmative vote of'Members holding more than a majority interest. 3.02. Officers. The Managers may appoint themselves or other individuals (whether or not employees or Members of the Company) as officers of the Company, which may include, but shall not be limited to, any one or more of the following: (l) a President: (2) one ormore Vice Presidents; (3) a Secretary; and (4) a Treasurer. Operating Agreement - Page - 3 • Shawn Boice 169 Madison County Assessor 134 E Main Street Rexburg, ID 83440 FORWARDING SERVICE REQUESTED PARCEL DESCRIPTION: WESTATES SUBDIVISION NO. 1 LOT 7 BILK 2 ARBOR SQUARE GROUP LLC C/O DAVID RICHARDSON 115184TH PL SW BOTHELL WA 98012-6285 2020 THIS IS NOT A BILL, DO NOT PAY. For any questions, please notify the Assessor's Office immediately. Assessor's Telephone Number: (208)359-6243 Parcel Address: 563 TREJO ST REXBURG ID 83440-0000 Appeals of your property value must be filed in writing, on a form provided by the County, by: June 22, 2020 Tax Code Area: 001-000 Parcel Number: RPRWSTAT020070 IF YOU APPLIED & SHOULD BE RECEIVING A HOMEOWNERS EXEMPTION, MAKE SURE IT IS REFLECTED ON THIS NOTICE ASSESSED VALUE OF YOUR PROPERTY CURRENT DESCRIPTION LOTS/ACRES CURRENT YEAR'S VALUE 1 IRRIGATED AGRICULTURAL 2.100 1,418 SUBTOTAL: LESS HOMEOWNERS EXEMPTION: NET TAXABLE PROPERTY VALUE: 2.100 1,418 0 1,418 These values may not include personal property values. Taxes are based on the values shown on this Notice and on the Budgets of the taxing districts. THIS IS NOT A BILL. DO NOT PAY. See the back of this Notice for details BDsc4e-124861-f e"7(p TAXING DISTRICT INFORMATION TAXING DISTRICTS DISTRICT TELEPHONE NUMBERS BATE OF PUBLIC BUDGET HEARING MADISON COUNTY _- _ (208) 359-6244- - Aug. 31, 2020 REXBURG (208) 372-2343 July 1, 2020. SD #321 TORT (208) 359-3300 June 18, 2020 SD #3212006 BOND (208) 359-3300 June 18, 2020 SD #321 2008 BOND (208) 359-3300 June 18, 2020 SD #321 SUPPLEMENTAL/OVER (208) 359-3300 June 18, 2020 SD #3212017 BOND (208) 359-3300 June 18, 2020 SD #321 2019 EMERGENCY (208) 359-3300 June 18, 2020 REXBURG CEM (208) 390-7597 June 1, 2020 MADISON LIBRARY (208) 356-3461 Aug. 19, 2020 MADISON LIB 2008 BOND (208) 356-3461 Aug -19,2020 MOSQ ABATE (208) 359-6244 Aug. 31, 2020 MADISON CO AMB (208) 359-6244 Aug. 31, 2020 THIS IS NOT A BILL. DO NOT PAY. See the back of this Notice for details BDsc4e-124861-f e"7(p Shawn Boice 2020 THIS IS NOT A BILL. Madison County Assessor DO NOT PAY. 134 E Main Street Rexburg, ID 83440 FORWARDING SERVICE REQUESTED PARCEL DESCRIPTION: REXBURG CITY ACREAGE TAX 2259 ARBOR SQUARE GROUP LLC C/O DAVID RICHARDSON 115 184TH PL SW BOTHELL WA 98012-6285 For any questions, please notify the Assessor's Office immediately. Assessor's Telephone Number: (208)359-6243 Parcel Address: S YELLOWSTONE HWY REXBURG ID 83440-0000 Appeals of your property value must be filets in writing, on a form provided by the County, by: June 22, 2020 Tax Code Area: 001-000 Parcel Number: RPRXBCA0259012 IF YOU APPLIED & SHOULD BE RECEIVING A HOMEOWNERS EXEMPTION, MAKE SURE IT IS REFLECTED ON THIS NOTICE ASSESSED VALUE OF YOUR PROPERTY CURRENT DESCRIPTION LOTS/ACRES CURRENT YEAR'S VALUE 1 IRRIGATED AGRICULTURAL 4.200 1 2,835 SUBTOTAL: LESS HOMEOWNERS EXEMPTION: NET TAXABLE PROPERTY VALUE: 4.200 These values may not include personal property values. Taxes are based on the values shown on this Notice and on the Budgets of the taxing districts. TAXING DISTRICT INFORMATION TAXING DISTRICTS 2,835 0 2,835 OF PUBLIC MADISON -COUNTY- - REXBURG --(208) 358-6244 - - - - -- Aug. 31 2020 SD #321 TORT (208) 372-2343 (208) 359-3300 July 1, 2020 June 18, 2020 SD #3212006 BOND (208) 359-3300 June 18, 2020 SD #3212008 BOND SD #321 SUPPLEMENTAL/OVER (208) 359-3300 (208) 359-3300 June 18, 2020 June 18, 2020 SD #3212017 BOND (208) 359-3300 June 18, 2020 SD #3212019 EMERGENCY (208) 359-3300 June 18, 2020 REXBURG CEM MADISON LIBRARY (208) 390-7597 June 1, 2020 MADISON LIB 2008 BOND (208) 356-3461 (208) 356-3461 Aug. 19, 2020 Aug. 19, 2020 MOSQ ABATE MADISON CO AMB (208) 359-6244 Aug. 31, 2020 (208) 359-6244 Aug. 31, 2020 THIS IS NOT A BILL. DO NOT PAY. See the back of this Notice for details eosc4e-1211 $Wpj& . Shawn Boice 2020THIS IS NOT A BILL. Madison County AssessorASSESSMENT NOTICE DO NOT PAY. 134 E Main Street e Rexburg, ID 83440 FORWARDING SERVICE REQUESTED PARCEL DESCRIPTION: For any questions, please notify the Assessor's Office immediately. Assessor's Telephone Number: (208)359-6243 REXBURG CITY ACREAGE TAX 2258 Parcel Address: S YELLOWSTONE HWY REXBURG ID 83440-0000 6915 RPRXBCA0257664 -AUTO—MIXED AADC 836 17 Appeals of your property value must be filed in writing, on a form provided by the County, by: ARBOR SQUARE GROUP LLC June 22, 2020 C/O DAVID RICHARDSON 115184TH PL SW BOTHELL WA 98012-6285 Tax Code Area: 001-000 Parcel Number: RPRXBCA0257664 IF YOU APPLIED & SHOULD BE RECEIVING A HOMEOWNERS EXEMPTION, MAKE SURE IT IS REFLECTED ON THIS NOTICE ASSESSED VALUE OF YOUR 'PROPERTY CURRENT DESCRIPTION LOTS/ACRES CURRENT YEAR'S VALUE IRRIGATED AGRICULTURAL 6.400 4,320 SUBTOTAL: 6.400 4, 320 LESS HOMEOWNERS EXEMPTION: 0 NET TAXABLE PROPERTY VALUE: 4,320 These values may not include personal property values. Taxes are based on the values shown on this Notice and on the Budgets of the taxing districts. TAXING DISTRICT INFORMATION TAXING DISTRICTS IDISTRICT DATE - MADISON -COUNTY - - _ _-_ - REXBURG- (298)-359-6244- —Aug -3-11,2020 SD #321 TORT (208) 372-2343 (208) 359-3300 July 1, 2020 June 18, 2020 SD #3212006 BOND SD #321 2008 BOND (208) 359-3300 June 18, 2020 SD #321 SUPPLEMENTAL/OVER (208) 359-3300 (208) 359-3300 June 18, 2020 June 18, 2020 SD #321 2017 BOND SD #3212019 EMERGENCY (208) 359-3300 June 18, 202b REXBURG CEM (208) 359-3300 (208) 390-7597 June 18, 2020 June 1, 2020 MADISON LIBRARY MADISON LIB 2008 BOND (208) 356-3461 Aug. 19, 2020 MOSQ ABATE (208) 356-3461 Aug. 19, 2020 MADISON CO AMB (208) 359-6244 (208) 359-6244 Aug. 31, 2020 Aug. 31, 2020 THIS IS NOT A BILL. DO NOT PAY. See the back of this Notice for details BDSC4B-1241.."