OPERATING AGREEMENT (Interim) CLARKSBURG SKYLARK, LLC
Exhibit 3.2(aj)
OPERATING AGREEMENT (Interim)
THIS OPERATING AGREEMENT (“this Agreement”) is made and entered into as of the 30th
day of April, 2001, by XxXxxx Joint Venture, a Maryland general partnership (the “Member”).
EXPLANATORY STATEMENT
The Member, desiring to for a limited liability company pursuant to the provisions of the
Maryland Limited Liability Company Act (the “Act”), hereby creates a limited liability company for
the purposes and on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is agreed by the Member as follows:
1. Formation and Name. The Member agrees to and does hereby form a limited liability
company under the name “CLARKSBURG SKYLARK, LLC” (the “Company”), pursuant to the provisions of the
Act and this Agreement. Upon the execution hereof, the Member hereby authorizes Xxxxxx X.
Xxxxxxxx, Esquire to execute and file the Articles of Organization attached hereto as Exhibit
A, with the State Department of Assessments and Taxation of Maryland (“SDAT”).
2. Principal Office and Resident Agent. The principal office of the Company in this
State is c/x Xxxxxxx & Korpeck, LLC, 0000 Xxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx Xxxxxx, Xxxxxxxx 00000.
The name of the resident agent for the Company is Xxxxxxx X. Xxxxxxx whose address is 0000 Xxxxxxx
Xxxxxx, Xxxxx 000, Xxxxxx Xxxxxx, Xxxxxxxx 00000.
3. Term. The Company shall have a term beginning on the date the Articles of
Organization are filed and received for recordation by the SDAT, and shall continue in full force
and effect until terminated pursuant to the further terms of this Agreement.
4. Member, Percentage Interests and Contributions to Capital. The undersigned is the
sole Member of the Company and owns all of the membership interests in the Company. The partners
of the Member are all of the owners of record (as tenants in common) of the approximately 374 acre
parcel of land located along Skylark Road in Clarksburg, Xxxxxxxxxx Country, Maryland (the
“Property”). As soon as possible, the Member shall cause each such partner to convey his or her
ownership interest in the Property to the Company as a contribution of capital. (Xxxxxx XxXxxx
hold title to 25% interest in the Property as nominee for XxXxxx Family, LLC, one of the partners
of Member).
5. Purpose of the Company. The purpose for which the Company is formed and the
business or objects to be carried on and promoted by it are to own, develop, lease and sell
property and conduct all activities related thereto.
6. Authority of the Member. Until and unless otherwise agreed in writing by the
Member, (or all of the owners of any membership interests of the Company), the Company shall not
commence any business nor incur any debts and Member shall not assign, transfer or encumber its
membership interest in the Company.
7. Miscellaneous.
7.1 Binding Provisions. The covenants and agreements contained in this Agreement
shall be binding upon the heirs, personal representatives, successors and assigns of Member and
each of its partners as parties to this Agreement.
7.2 Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Maryland.
IN WITNESS WHEREOF, the Member acknowledges that this Agreement is its act, and further
acknowledges under penalty of perjury, to the best of its knowledge, information, and belief, that
the matters and facts set forth herein are true in all material respects, and that it has executed
this Agreement as of the day and year first above written.
MEMBER XXXXXX JOINT VENTURE |
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By: | /s/ Xxxxxxx X. XxXxxx | |||
Xxxxxxx X. XxXxxx, Partner | ||||
By: | /s/ Xxxxxxx XxXxxx | |||
Xxxxxxx XxXxxx, Partner | ||||
By: | /s/ Xxxxxxx Xxxxxxxx | |||
Xxxxxxx Xxxxxxxx, Partner | ||||
By: | /s/ Xxxxxxx XxXxxx Xxxxx | |||
Xxxxxxx XxXxxx Stone (also known of record | ||||
as Xxxxxxx Xxx XxXxxx), Partner | ||||
By: XxXxxx Family, LLC, Partner |
By: | /s/ Xxxxxxx XxXxxx | |||
Xxxxxxx XxXxxx, Member | ||||
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By: | /s/ Xxxxxxx XxXxxx Xxxxx | |||
Xxxxxxx XxXxxx Stone, Member |
By: XxXxxx Family 19999 Irrevocable Trust, Member |
By: | /s/ Xxxxxxx XxXxxx | |||
Xxxxxxx XxXxxx, Trustee | ||||
By: | /s/ Xxxxxxx XxXxxx Stone | |||
Xxxxxxx XxXxxx Xxxxx, Trustee | ||||
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