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HomeMy WebLinkAbout0929 . ~ 81'799~ ~ ~ ~ . ARTICLES OF CO-PARTNERSHIP OF , JOHNSON & ELMBLAD EN7ERPRISES ~ Between: DALE W. JOHNSON, 5009 Silver Oak Drive, Ft. Pierce, Florida, Hereinafter • called "JONNSON". And: RAY P. ELMBLAD, 4911 N~yrtle Dr., Ft. Plerce, Florida, Hereinafter called _ "ELMBLAD". WITNESSETH, that the above pa.rties have agreed to become partners in ~ various ENTERPRISES. including real estate transactions in St. Lucie County, Florida; and in other related businesses as the parties ma~y hereafter agree. ~ NOW THEREFORE, the parties, for mutual consideration, do agree to the above partnership to be known as JOHNSON & ELMBLAD ENTERPRISES under the terms and conditfons hereinafter stated: I. CAPITAL ACCOUNT . It is agreed that the parties have furnished assets to this business • which ma?ke up the Capital Account: and the parties agree that each will own an ' undivided one-hal~ (1/2) interest in this partnership. This shall be the percentage of ownership unless otherwise agreed to by both parties in writing. II. MANAGERIAL CONTROL AND OPERATION A. It js agreed that Johnson, will secure land, permits and sell properties for the partnership and Elmblad, sh~-be the on site manager of.construction and maintenance of the propert~es owned, Both partners shall devote an approximately equal time to the operations of this business. S. It is further agreed that the parties shall draw such amount~ from the business as they agree upon and as the busfiness warrants; but such draws shall be reconsciled with the profits a~ the f~nancial statements are prepared in ac- cordance with the percent of ownership. ~ C. Payments for extra serv9ces perfornied by either partner will be paid out of partnership funds, when approved in advance in writing by both partners. ~ III. PROFITS AND LOSSES A. The parties agree that from gross profits, a11 operating expenses_ and obligations will be paid first as that may be required by the management of said business. . B. After the expenses have been pazd as stated in Paragraph A, it is agreed that the net profits will be distributed on the 50/50 percent basis described ab,ove; with ad~ustment f~om the advances taken by the partners. ` C. In the event there are losses, these are to be shared between the parties on the same percentage as the profits. IV. PARTNERSHIP BANK ACCOUNT AND RECORDS • T A. Notfice of this partnership shall be filed on a FIf/~TIOUS NAME CERT-- IFICATE, which will be filed with the County Clerk of St. lucie County in com- pliance with the State Law of Florida. and in any other counties deemed necessary. B. The partnership shall maintain a seperate partnership bank account in the name of the firm at a bank or banks agreed upon. All payments and expenses on behalf of the partnership are to be made from the partnership checking or other accounts. Similar~ly, all receipts of this bustness are to be Geposited in this financial institution. ' C. It is agreed that the records and accounts of the partnel^s a1^e tq be handled by the partners with the optlon of using an accounting firr~. All bAOks and records will be accessible to each partner at all reasonable tfines. ~ . . . .:e . ~ ~3g ~ 9 . . . i~~~ . , , . _ _ _ . - _ _ . , ~ . ,