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APRIL 2005
RULES AND REGULATIONS
Emerald Lakes Mobile Home Park
These Rules and Regulations have been
developed for your convenience and protection and supersede and
cancel all previous Rules and Regulations. If we are to be
successful in achieving a high standard and quality of living in
our Community, it is necessary that we have your cooperation.
These Rules and Regulations apply to all "Homeowners" as defined
in Chapter 723, Florida Statutes and "Members" of the Co-op as
in Chapter 719 Florida Statutes (hereinafter collectively named
("Resident(s)") and to Renters and Guests where appropriate. The
owner of the Park ("Community") is EMERALD LAKES CO-OP, INC.
(hereinafter named Co-op or Management).
The rights of Management set forth in these
Rules and Regulations are cumulative and failure of Management
to exercise any rights shall not operate to forfeit any other
rights of Management. No waiver by Management of any Rule or
Regulation shall be deemed to constitute or imply a further
waiver of that rule or any other rule or regulation. These Rules
may be amended from time to time. All Homeowners will receive
written notice of amendments 90 days prior to effective date of
the amendment. Any violation of these Rules and Regulations by a
Resident will be considered a breach of the terms of tenancy.
Your Management has many duties and
responsibilities including enforcement of the rules when
necessary. We request that only flagrant and repeated violations
be reported to Management. Minor, infrequent infractions (which,
in most cases, are the result of temporary thoughtlessness) and,
specifically, personal conflicts between neighbors, are not
within the scope of Management's responsibility.
I. ADMISSIONS/OCCUPANCY
Emerald Lakes is a retirement community for
55+ persons. Management reserves the right to refuse admittance
to the park. Residents shall not, without the written consent of
the Directors of the Co-op ("Directors"), on such condition as
the Directors may prescribe, occupy or use the mobile home and
Homesite or permit the same or any part thereof to be occupied
or used for any purpose other than as a private dwelling for
Residents or Members of Resident's family. In no event shall
more than two persons permanently reside in the mobile home
without the written consent of the Directors. One Resident in
each mobile home shall be fifty-five (55) years of age or older.
The second resident must be at least forty (40) years of age.
However, if ninety-five (95%) of the mobile homes in the park
are occupied by at least one person fifty-five (55) years or
older, then the Directors, at their sole discretion, may (but
are not required to) permit occupancy by two persons, neither of
which is fifty-five (55) years or older, but both of whom must
be at least forty (40) years of age. No other person, or Member
of Resident's family, shall permanently reside in the unit who
is not at least forty (40) years of age or older without the
written consent of the Directors. Prospective residents must
provide written verification of age, furnish references, if
requested, and be considered by the Directors to be compatible
with other residents of the park. Any Home occupation or use
permitted hereunder is subject to compliance with the rules and
regulations and the bylaws of the Co-op, applicable zoning laws,
building code or other rules and regulations of governmental
authorities having jurisdiction, all of the above as may be
amended from time to time. In addition to the foregoing, the
unit may be occupied from time to time by qualifying guests of
Resident, as long as such occupancy does not violate applicable
zoning laws, building codes or other rules and regulations of
governmental authorities having jurisdiction. Occupancy by
guests (invitees) of Resident shall be for a period of time not
exceeding fifteen (15) consecutive days or thirty (30) total
days per year, unless a longer period is approved in writing by
the Directors. No guest (invitees) may occupy the unit unless
one or more of the Residents are then in occupancy or unless
consented to in writing by the Directors.
II. MOBILE HOME AND HOMESITE
A. MOBILE HOME. All mobile homes, Homesites,
and Waterfront structures, carports, porch additions, driveways
and lawn ("Home" or "Homesite") shall be kept neat, orderly,
clean and repaired. Damage caused by weathering, deterioration,
storms, etc. must be restored to original condition or better or
be removed. The Co-op may request that a Home be moved from the
Park if it does not meet the required standards or it is not
compatible in condition to other Homes in the Park. Failure to
remove the Home upon request shall be considered a breach of the
Rules and Regulations of the Park and constitute grounds for
eviction. The Home must be a minimum of 12 feet wide. All
skirting is to be split brick, manufactured aluminum or vinyl.
The open space between the bricks is not to be more than half
the length of the brick. All awnings, patio covers, carports and
utility sheds are to be white aluminum or a color that matches
the color of the Home. Patio covers are to be no less than 10
feet by 12 feet and carports are to be no less than 12 feet by
22 feet unless lot size prohibits those sizes. Patios and
driveways are to be of concrete with the patios no less than 10
feet by 12 feet and driveway, no less than 11 feet wide by the
distance from the street to the back corner of the Home.
For security purposes, each Home is furnished
with an outdoor post light, which is connected to the Resident's
electric meter. Residents are responsible for the upkeep of the
post light, (which is to remain black and uniform), and are
required to keep this light operating from dusk to dawn, whether
at Home or away.
Yard ornaments are discouraged. These are
permitted only by submitting drawings or specifications to
management for approval. Ornaments should be limited in number
and tasteful in appearance. Yard ornaments referred to herein
refer to both ceramic ornaments as well as windmills, weather
vanes, sun dials, and other numerous and sundry items and
paraphernalia commonly seen in many yards, and sometimes in
excessive numbers.
Homesites contain extensive underground
utilities, including high voltage, electric transmission lines;
therefore, any digging must have Management approval.
Washing machines and/or dryers are only
permitted in the Home or utility shed and are not permitted on
open patios or in carports. Only furniture specifically designed
for outdoor use is allowed outside the Home.
B. MAINTENANCE. Mobile homes and Homesites
shall be attractively maintained by the Resident. The Resident
is responsible for the Home, structural appurtenances, and all
items located on the Homesite as well as mowing, watering,
weeding, edging, trimming, and general care of the lawn, and
maintenance of all trees on their lot, including fertilization
and treatment for insect infestation. Excessive watering which
causes draining into streets, carports, adjacent other Homesites
and under Homes is not permitted. Residents leaving for a period
of more than two (2) weeks must notify the office of their
leaving and what arrangements they have made to care for their Homesite during absence. Homesites which are not maintained to
the standards of the community will be maintained by the Co-op
and a minimum fee of $50.00 per occurrence will be charged.
Maintenance of the landscaping is the responsibility of the
Resident. Additional landscaping and shrubs of Xeriscape
plantings only, may be planted with the approval of Management
as to type and location. Examples of Xeriscape plantings are:
palm trees, junipers, gardenias, bottle brush, asparagus fern
and cathers. All new construction, improvements or painting done
or caused to be done by a Resident or Contractor to the exterior
of a Home or on the Homesite must first meet Co-op guidelines
and be approved by Architectural/Structural Committee. Any
contractor doing work in the Park must be approved by the Co-op
and licensed.
Each Resident shall be responsible for
replacement and servicing of their gas, electrical, television
wires or connections. The Resident is responsible for the
maintenance of electrical lines from the point of meter base to
the mobile home.
Residents with waterfront Homes shall not, in
any way, alter the waterfront of their lots without the prior
written approval of the Directors. Residents may not permit
non-owned watercraft to park at the resident’s homesite, dock,
or in his/her slip, unless the resident has removed his
watercraft from the homesite, the boat slip and the docking
facility. Extended stay by guest, visitor or invitee watercraft
will need Co-op approval.
Docks, dock covers, boat houses, boat lifts
and boat lift covers constructed or altered on or adjacent to
any Homesite will need Co-op approval. No enclosed boathouses
will be allowed.
All the above must have plans and drawings
submitted to Co-op in accordance with all applicable laws,
rules, ordinances or regulations.
C. STORAGE AND FENCES. Storage under the
mobile home is not allowed. No items are to be stored or left
outside of the Home unless they are in the enclosed attached
storage shed or have been permitted in writing by Management.
Fences and all such types of restrictions are prohibited, other
than those perimeter fences which are erected by the Co-op for
the convenience and safety of the Residents.
D. CLOTHESLINES. No clotheslines may be
installed on individual lots. All outside laundry drying is to
be done on the lines provided next to the laundry building (see
rule XIX).
E. AUTOMOBILES/RV. Only two (2) licensed
vehicles are permitted to be parked at each Homesite. Permitted
vehicles include automobiles, vans, and pick-up trucks. No
vehicles shall be parked on the Community streets or lawns. All
vehicles must be operable and parked completely under the
carport cover of your Home, or in the driveway. Golf carts,
mopeds, minibikes and motorcycles are permitted in the Community
provided they are equipped with proper mufflers and are to be
used as transportation by Residents in the Community. No minor
children (without an adult present) will be permitted to operate
any vehicle within the Community. Recreational vehicles, boats,
all trailers, motor homes and trucks (including semis and dump
trucks) are not permitted in the Community, except for loading
and unloading, which shall not exceed a 24-hour period. No major
repairs or rebuilding of vehicles, trailers, recreational
vehicles, or boats is permitted on the Homesites. A boat and
trailer may be stored in the carport while the Resident is away
(one (1) month or more). No unlicensed vehicles are allowed in
the Park. Residents and their guests shall park their vehicles
only on their own driveways or neighboring driveways with
permission of the neighbor, or carports or designated parking
spots around the clubhouse or maintenance shed. Those residents
living on the Island should use the grassy area near the
entrance for additional parking.
F. GARBAGE AND TRASH. All trash containers
must be reasonably stored out of sight. Garbage and Trash pickup
dates will be published at the Community Office and on the
Community bulletin board. No garbage or trash is to be placed at
curbside before 7 p.m. prior to pickup day. All garbage, trash,
grass clippings and debris must be in plastic bags and not to
exceed 50 pounds per bag. All tree and shrubbery trimmings must
be tied in small bundles and not exceed 4 feet in length or 50
pounds per bundle. No garbage or trash will be picked up in
broken bags. All boxes must be flattened. No burning of trash,
leaves or other materials is allowed. All containers must be
placed by the edge of the driveway or lawn, but not in the
street.
If in doubt concerning large disposals,
please contact Management. Under NO circumstances are coffee
grounds, grease, paper towels, or undissolvable materials to be
run through the sewer system. It is required that all such items
be disposed of in your garbage. Houseguests should be advised of
these requirements. Proper disposal of refuse is extremely
important.
A. MULTIPLE MOBILE HOME OWNERSHIP
RESTRICTION.
No person or entity, either in its own name
or in a representative capacity, whether disclosed or
undisclosed, may hold an interest of any type in more than two
Mobile Homes located at Emerald Lakes Mobile Home Park at one
time. This provision shall not apply to the Cooperative or
institutional lenders who have an interest in the Mobile Homes
as security or who obtain titles to Mobile Homes in lieu of
foreclosure or by judicial foreclosure proceedings or other
legal proceeding. For purposes of the foregoing, an
"institutional lender" shall mean and refer to banks, credit
unions, savings and loan institutions, insurance companies and
other financial businesses licensed by the State of Florida or
by another state and which regularly engage in the business of
lending to the general public. This provision shall not apply to
existing mobile home owners who currently own more than two
Mobile Homes so long as those Mobile Homes are owned by such
Homeowners, provided however, that the limitation contained in
this section shall apply to interest acquired and transferred
after the effective date of this amendment. Failure to fully and
honestly comply with this provision shall be a basis for denial
or approval to transfer the Mobile Homes by sale, lease, or
otherwise. The failure of a person or entity to fully disclose
its interest in a Mobile Home being acquired shall be a basis
for an action to set aside the transfer, and shall also
constitute a basis for denial of the future right to transfer
Mobile Homes to any other person or entity who participated in
the transfer. In any proceeding arising under this provision,
the prevailing party shall be entitled to recover its reasonable
attorney’s fees and cost.
III. RESALE OF MEMBERSHIPS/MOBILE HOMES
If Homeowners desire to sell their Home or
Members desire to sell their Memberships (Cooperative
interests), the Co-op can assist in locating a buyer. Contact
the Co-op office for assistance.
No prospective purchasers of mobile homes or
Memberships will be admitted to the Community without the prior
written approval of the Directors. Applications for admission
(for which there may be a fee) to the Community must be
completed by all prospective Residents.
"For Sale" signs no larger than 10" x 12" may
be displayed with the following restrictions:
A. Only two (2) "For Sale" signs may be
displayed for each Home.
B. "For Sale" signs may be placed in the
window of the mobile home and/or on the light post under the
name sign.
IV. VACATING MOBILE HOME LOT.
At least 30 days prior to vacating the mobile
home lot and removing the mobile home, the Resident must notify
park Management, in writing, of their intention to remove the
mobile home together with the date of the planned removal and
proper permits. Upon notifying the park Management, the Resident
shall deposit with park Management the sum of $2,500 for the
purpose of ensuring that the vacated lot is left in acceptable
condition in accordance with the following rules.
A. All trash, clippings, and loose objects
must be removed from the lot.
B. The lawn must be cut and all shrubs and
trees must be trimmed. All
foundation and other structures that are
above ground level must be
removed and the ground must be filled to
grade.
C. All water and sewer pipes and connections
must be left in good repair.
D. All electric cables must be removed.
E. All meter boxes must be in a state of good
repair.
F. All cable T.V. wires must be in a state of
good repair.
G. The driveway and carport must be cleared
and cleaned.
H. Management will inspect the vacated lot
and if the Resident has complied
with all of the above rules, the $2,500
deposit will be returned. In the event
that there is non-compliance with above
rules, park Management will bring
the lot into compliance and deduct from the
deposit the cost thereof.
V. PETS
A. For the purposes of these rules and
regulations, a "Pet" is defined as a
domesticated household animal weighing twenty
five (25) pounds or less
and not more than fourteen (14) inches in
height.
B. All Residents of the Community who reside
in the Community as of
March 15, 2001, who have a dog at their
Homesite may continue to have a
dog. Further, if that dog dies, said Resident
may NOT replace it with
another dog. When said existing Resident
sells their Home, their
successors or assigns shall not have a dog.
C. All new Residents admitted to the
Community after March 15, 2001, shall
not be allowed to have a dog in the
Community.
D. No Resident(s) shall be permitted to have
more than two Pets in the
Community.
E. Every Resident Pet owner must register
their Pet with the Community
Manager.
F. No visitor, guest or invitee may bring
Pets into the Community.
G. All Residents must comply with applicable
leash laws. No Pet shall be
allowed to run freely in the Community or be
left tied outside. Dogs and
cats must be leashed when being walked
outside of the Home and must
not be allowed to trespass on other lots or
the Co-ops' common grassed
areas. Adults must accompany Pets when they
are being walked.
H. Pet owners are restricted to using their
own yards for their Pet's toilet
facilities. Pet owners must clean up their
Pet's litter from the Homesite or
wherever located.
I. Where applicable, Pet owners must ensure
that their Pets wear necessary
tags or registration from the applicable
governmental authority.
J. If a Pet is not properly registered with
Management and the appropriate
governmental authority, the Pet must be
removed from the Community.
K. Noisy or unruly Pets about which written
and justifiable complaints have
been received by Management will not be
permitted to remain in the
Community and such Pets must be removed after
receipt of the second
written complaint to Management.
L. Pet owners are responsible for any damage
of any kind to the person or
property of other Residents, guests, visitors
or Community Employees.
M. Pet dishes for food and water must be kept
in screened-in patios or in the
Home.
N. All Pet owners shall comply with the
applicable ordinance and codes of
the City of Clermont, Florida. Stray animals
(including Pets not on a leash)
will be trapped and removed from the
Community by the Animal Control
Department of the City of Clermont.
VI. PAYMENTS TO CO-OP.
Rent, maintenance fees, and all assessments
are due on the first day of the month and become delinquent
after 4 p.m. on the fifth (5th) day of the month. A minimum fee
of $15.00 will be assessed for all delinquent payments. An
additional penalty of $10.00 will be assessed after the 15th day
of each month. There shall be a minimum fee of $25.00 for all
checks returned for insufficient funds. Interest at the maximum
legal rate shall be charged on all unpaid fees and assessments
that are overdue by thirty (30) days or more.
VII. SUBLETTING.
Subletting is allowed only with the approval
of Management. All prospective Renters must be approved by
Management and acknowledge that they have received a copy of the
community Rules and Regulations. ALL Residents who are
subletting property located in the Emerald Lakes Community and
their Renters, are required to register at the Office.
VIII. RESIDENT INFORMATION.
ALL Residents must furnish to the office the
name, address, and phone number of a person to contact in case
of an emergency. The office should be notified when the Resident
is leaving the park for an extended period of time.
IX. GUESTS.
Visitor passes have been furnished to all
Residents. All overnight guests ("invitees") must display a
vistors pass in their vehicle while on the Community property.
X. NOISE.
Loud noise, boisterous conduct and any
activities, including hobbies or avocations, which might pose a
threat or create a significant inconvenience for the Residents
of the community are prohibited. Please control the volume of
your TV or radio at all times. Quiet shall be maintained between
the hours of 9 p.m. and 8 a.m. (except for maintenance and
emergencies).
XI. EVICTION.
Co-op may evict Residents in accordance with
the provisions of Emerald Lakes Master Form Proprietary Lease
and Florida Statutes.
XII. RESIDENTIAL COMMUNITY.
Emerald Lakes Mobile Home Park is a
RESIDENTIAL community. No business or commercial operation is
permitted without the express written consent of the Directors.
Said written consent, if received, can be rescinded with a
thirty (30) day written notice from the Directors or
immediately, if said activity constitutes a threat to the
health, safety, or general welfare and convenience of other
Residents of the community.
XIII. MARINA.
Emerald Lakes Co-op, Inc. and its Management
assumes no liability or responsibility for any accidents
involving individual boats, boat docks or their operation. The
boat basin and the community shoreline is a "No Wake" zone. Fish
may not be cleaned at or near the waterfront nor are entrails to
be thrown into the water. Extensive repairs, painting,
overhauling or construction of boats is prohibited. Trailers
should be washed at boat launching area and not in front of the
Homesite. Management has complete control of renting or
sub-renting boat slips. Each Resident using a boat slip is
responsible for their immediate area to see that it is kept
clean and orderly.
No additions to boat docks/slips located on
the common areas will be allowed, including covers/roofs.
XIV. HOT WATER HEATERS.
All cold water input lines to hot water
heaters must have an in-line check valve to prevent drainage of
the tank. Emerald Lakes Mobile Home Park will not be responsible
for damage to electrical units or hot water tanks.
XV. PLUMBING FIXTURES.
All new or replacement plumbing fixtures must
be ultra-low volume plumbing features and must comply with the
following maximum flow volumes at 80 PSI:
Toilets: 1.6 gal/flush
Urinals: 1.0 gal/flush
Shower heads: 2.5 gal/min
Faucets (bathroom) 2.0 gal/min
(kitchen) 2.5 gal/min
XVI. RECREATION FACILITIES.
A. Recreation facilities are provided for the
use of Residents and guests.
B. All guests under 18 must be accompanied by
an adult.
C. Equipment and facilities are to be used at
your own risk.
D. Hours of operation and rules regarding
each facility, i.e. laundry, pool, recreation building,
shuffleboard, etc. are posted for your safety and convenience.
E. Private use of the recreation facilities
must be scheduled with Management. Residents shall deposit with
Management the sum of $200 plus a separate check for $25
gratuity. The $200 deposit is refundable if facility is left in
acceptable condition.
F. No bare feet or cleated shoes, nor
swimsuits, are allowed in the Clubhouse.
G. Residents must receive approval from
Management prior to posting larger than 9" x 14" general notices
on the Bulletin Board. Undated notices will be removed after
one-week posting.
H. If it becomes necessary to control the use
of the recreation facilities, identification tags may be
required for all guests using the recreational facilities.
XVII. POOL RULES.
A. The pool hours are posted in the pool
area. 9 A.M. TO DUSK
B. The pool capacity is 25 persons.
C. Swim at your own risk; there is no
lifeguard on duty.
D. Persons must shower before entering pool.
E. No suntan lotion, soap, or oil is
permitted in pool.
F. Long hair must be either covered or tied
back.
G. Pool is restricted to Emerald Lakes
Residents and registered guests
only.
H. Persons under the age of 18 must be
accompanied by a Parent, Resident, or Registered guest.
I. No running or horseplay in/or around pool.
(No cannon balling or splashing)
J. No food and drink are allowed in pool or
within 4 (four) feet of pool perimeter. No glass or other
breakable items.
K. Persons in swim attire cannot enter the
clubhouse without cover-up and footwear.
L. No children or adults who are incontinent
or who lack toilet skills are allowed in the pool without water
impermeable clothing.
M. Pool and pool area must be kept clean.
N. No animals are allowed in pool or pool
area.
O. Showers are for pool use only.
Wristband ID tags for all visitors
are available in office.
Q. NO DIVING.
XVIII. SOLICITATIONS.
Door to door solicitation is not permitted:
notify the office of person soliciting. Please discourage
solicitation by telling anyone who comes to your door about our
no solicitation rule and, further, refuse to cooperate with the
solicitor. Canvassing however, by Residents, for the purpose of
Co-op or Homeowners Associations business is permitted.
XIX. COMMUNITY LAUNDRY.
Use of the Community laundry is permitted
between 8:00 a.m. and 9:00 p.m. only.
Do not overload or abuse the laundry
machines. Clean the washers and dryers after using them and put
all refuse in the containers provided. Dyeing of clothes in the
machines is not permitted because of possible damage to the
clothing of others. All outside laundry drying is to be done on
the lines provided next to the laundry building. Drying clothes
on your patio or Homesite is not permitted. Remove clothes from
the washers, dryers and lines as soon as they are finished so
that others may have the opportunity to use the facilities.
Laundry room is not to be used for personal need such as ironing
of clothes, washing of hair, etc. No washing of heavy rugs,
quilts or pet's bedding permitted.
XX. CABLE TV/ANTENNAS.
A. Any expenses incurred for cable TV
such as hook-ups, outlets, etc. must be paid by the
Resident.
B. Subject to applicable Federal and State
Regulations, no TV antennas shall be erected on the Home or
Homesite. Use of FM or CB antennas are subject to the following
stipulations. FM antenna and Satellite Dishes not to exceed 2
feet in height above the roof of the Home; CB base antenna of a
single whip design not to exceed 10 feet above the roof of the
Home and dishes up to 24" maximum. All antennas must be located
at the rear of the Home in relation to the street. All two-way
radio units must be licensed and in compliance with FCC
regulations.
XXI. SEWER AND WATER LINES.
The Co-op is responsible for all sewer and
water lines and connections up to the mobile home. The Residents
are responsible for all sewer and water lines and connections
under the mobile home. Under the mobile home is defined as that
area within imaginary lines drawn downward from the outside
exterior walls of the mobile home to the ground.
XXII. SPEED LIMITS.
For the safety and convenience of your
neighbors and their guests, please control your rate of speed
through our community and observe the posted speed limits of 15
MPH. Violation of the speed limit within the Park will subject
the violator to eviction proceedings pursuant to Section
723.061.
XXIII. EMERGENCIES.
Report health, fire, theft, or vandalism
emergencies directly to 911. The responsible governmental party
concerned with handling these emergencies should respond.
Specifically, know and have handy the numbers of your fire
department, police or sheriff's department, local ambulance
service, and county animal control officer.
XXIV. MAIL.
Mail is delivered to the Resident's assigned
Emerald Lakes mailbox. Large items are delivered to the large
item boxes. Do not interfere with the postman while he/she is
sorting mail for boxes.
When leaving the Community for more than a
month, please sign out in the office leaving pertinent
forwarding or other information. The correct mailing address for
residents is:_______________, 1401 West Hwy. 50, Box_______,
Clermont, Florida 34711.
XXV. CONVENIENCES.
The public conveniences in this community are
maintained as a service to Residents and are regarded as part of
their Home. Cooperation in keeping restrooms, laundry rooms and
any other utility building and recreational facilities clean and
serviceable is required.
XXVI. MANAGERS.
Respect the private nature of your manager's
Home. Limit after hours phone calls and visits to emergency
situations that require immediate action. If said emergency
requires the involvement of a governmental service agency
(police, fire, etc.) please call that agency directly.
XXVII. COMPLAINTS.
When a complaint relates to the personal
conduct of another park Resident, said complaint must be in
writing and signed by the person lodging the complaint. Disputes
between neighbors, including personal conflicts and domestic
quarrels, are not within the purview of Management and
Management will not become involved unless such activities
become detrimental to the community at large.
XXVIII. NOTICES.
All notices to the owner of the Park should
be addressed to Emerald Lakes Co-op, Inc., 1401 West Hwy. 50,
Office, Clermont, Florida 34711. Any notice from Management to
the "Homeowners" and "Members" of the Co-op will be mailed or
delivered to the Homeowner/Member at the Homeowner/Member
address in the Community, or as on file in the office.
XXIX. AMENDMENTS.
These Rules and Regulations may be amended as
deemed necessary by Park Management in accordance with
applicable Florida Statutes and Rules.
APPROVED AND ADOPTED AS AMENDED by the
Emerald Lakes Co-op, Inc. Directors this __________ day of
____________, 2005.
________________________
_________________________
Secretary President
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