Operating Agreement Sample Contracts

SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF FUNDRISE EAST COAST OPPORTUNISTIC REIT, LLC Effective as of January 1, 2023
Operating Agreement • August 11th, 2023 • Fundrise East Coast Opportunistic REIT, LLC • Real estate investment trusts • Delaware

This SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF FUNDRISE EAST COAST OPPORTUNISTIC REIT, LLC, is effective as of January 1, 2023. Capitalized terms used herein without definition shall have the respective meanings ascribed thereto in ‎Section 1.1 or Section 13.1.

OPERATING AGREEMENT OF MENANDS ENVIRONMENTAL SOLUTIONS, LLC
Operating Agreement • May 6th, 2010 • Environtech Inc. • Refuse systems • New York

This Operating Agreement is executed as of September 21, 2004, by Allied Waste North America, Inc., a Delaware corporation (the “ Member”) as the sole member of the Company.

AMENDED AND RESTATED OPERATING AGREEMENT OF NP DURANGO LLC a Nevada limited liability company
Operating Agreement • May 31st, 2013 • SC Sonoma Management, LLC • Hotels & motels • Nevada

This Amended and Restated Operating Agreement (this “Agreement”) of NP Durango LLC, a Nevada limited liability company (the “Company”), is made, adopted and entered into as of June 16, 2011 (the “Effective Date”), by NP Opco LLC, a Nevada limited liability company (the “Member”), which is the sole member of the Company, with reference to the recitals set forth below.

OPERATING AGREEMENT FOR THE OVERLOOK AT TALLYN’S REACH, LLC A COLORADO LIMITED LIABILITY COMPANY
Operating Agreement • December 31st, 2019 • Century Communities of Georgia, LLC • Operative builders

THIS AGREEMENT is made and entered into as of the 16TH day of February, 2011, by and between Century Communities Colorado, LLC, hereinafter referred to as the “Member”, and Horizon Building Services, LLC, a Colorado limited liability company, hereinafter referred to as “Manager.”

WILLOW SPRINGS, LLC AMENDED AND RESTATED OPERATING AGREEMENT
Operating Agreement • April 4th, 2011 • UHS of Timberlawn, Inc. • Services-general medical & surgical hospitals, nec • Delaware

THIS AMENDED AND RESTATED OPERATING AGREEMENT (this “Agreement”) of Willow Springs, LLC, a Delaware limited liability company (the “Company”), is entered into and shall be effective as of January 1, 2011, by and between the Company and BHC Health Services of Nevada, Inc., the Company’s sole member (the “Member”).

OPERATING AGREEMENT OF DISCOVERY HOUSE CC, LLC
Operating Agreement • May 20th, 2016 • Youth Care of Utah, Inc. • Services-specialty outpatient facilities, nec • Pennsylvania

This Operating Agreement (the “Agreement”) of Discovery House CC, LLC, a Pennsylvania limited liability company (the “Company”), is entered into by and between Discovery House-Group, LLC, a limited liability company (the “Member”) and the persons admitted to the Company as members who shall be identified on Schedule A, as amended from time to time, effective as of November 2, 2015.

AMENDED AND RESTATED OPERATING AGREEMENT OF GOLFVIEW HOLDINGS LLC
Operating Agreement • August 28th, 2014 • Avenue N Holdings LLC • Real estate investment trusts

THIS AMENDED AND RESTATED OPERATING AGREEMENT is between GOLFVIEW HOLDINGS LLC, a Nevada limited liability company (the “Company”) and CTR PARTNERSHIP, L.P., a Delaware limited partnership (the “Member”).

OPERATING AGREEMENT OF ADVANCED DISPOSAL RECYCLING SERVICES ATLANTA, LLC
Operating Agreement • September 12th, 2013 • Trestle Transport, Inc. • Patent owners & lessors • Delaware

This Operating Agreement of ADVANCED DISPOSAL RECYCLING SERVICES ATLANTA, LLC is made effective as of this 14th day of April, 2011 by Advanced Disposal Services, Inc. (the “Member”).

SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF SABRA IDAHO, LLC, a Delaware limited liability company
Operating Agreement • September 13th, 2012 • Sabra Phoenix TRS Venture, LLC • Real estate investment trusts

THIS SECOND AMENDED AND RESTATED OPERATING AGREEMENT (this “Agreement”) of Sabra Idaho, LLC, a Delaware limited liability company (the “Company”), made effective as of November 16, 2010, amends and restates the Amended and Restated Operating Agreement of the Company, effective as of October 27, 2010.

OPERATING AGREEMENT OF BFI TRANSFER SYSTEMS OF TENNESSEE, LLC
Operating Agreement • May 6th, 2010 • Environtech Inc. • Refuse systems • Delaware

This Operating Agreement (the “Agreement”) of BFI TRANSFER SYSTEMS OF TENNESSEE, LLC (the “Company”) is executed as of March 29, 2001, by BFI WASTE SYSTEMS OF NORTH AMERICA, INC., a Delaware corporation, the sole member of the Company (the “Member”), and shall bind the Member, the Company, and any other person who may acquire any interest in the Company.

OPERATING AGREEMENT FOR REPUBLIC SERVICES OF GEORGIA LP, LLC
Operating Agreement • May 6th, 2010 • Environtech Inc. • Refuse systems • Delaware

THIS OPERATING AGREEMENT (this “Agreement”) of REPUBLIC SERVICES OF GEORGIA LP, LLC, a Delaware limited liability company (the “Company”), is made and entered into on March 15, 2002, by Republic Services, Inc. (“RSI”). The Company was organized as a limited liability company under the Delaware Limited Liability Company Act (the “Law”). Certain defined terms used in this Agreement are set forth in Schedule I (Schedule of Definitions) attached hereto and made a part hereof. In consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration, and intending to be legally bound hereby, the undersigned hereby agrees as follows:

ARTICLE 1 DEFINITIONS
Operating Agreement • April 13th, 2007 • Siena Technologies, Inc. • Communications services, nec • Nevada
OPERATING AGREEMENT FOR ENCLAVE AT PINE GROVE, LLC a Colorado limited liability company
Operating Agreement • November 19th, 2019 • Century Communities of Georgia, LLC • Operative builders

This OPERATING AGREEMENT is made and entered into as of April 17, 2017, by and among ENCLAVE AT PINE GROVE, LLC, a Colorado limited liability company (“Company”), CENTURY LAND HOLDINGS, LLC, a Colorado limited liability company, hereinafter referred to as the “Member”, and HORIZON BUILDING SERVICES, LLC, a Colorado limited liability company, hereinafter referred to as “Manager.” This Agreement supersedes all prior understandings, agreements (including any prior operating agreement), representations, warranties, arrangements, understandings and negotiations by or between the parties, whether written or oral.

OPERATING AGREEMENT OF SOUTHERN INDIANA HOLDCO 1 LLC a Delaware Limited Liability Company As of August 10, 2017
Operating Agreement • September 28th, 2017 • Harrah's Bossier City LLC • Hotels & motels • Delaware

This OPERATING AGREEMENT (this “Agreement”) of Southern Indiana Holdco 1 LLC (the “Company”) is made by VICI Properties 1 LLC, a Delaware limited liability company (the “Member”) effective as of August 10, 2017.

SP BEHAVIORAL, LLC AMENDED AND RESTATED OPERATING AGREEMENT
Operating Agreement • April 4th, 2011 • UHS of Timberlawn, Inc. • Services-general medical & surgical hospitals, nec

THIS AMENDED AND RESTATED OPERATING AGREEMENT (“Agreement”) is entered into as of November 15, 2010 by Ramsay Managed Care, LLC., a Delaware limited liability company and the sole member (the “Managing Member”) of SP BEHAVIORAL, LLC, a Florida limited liability company (the “LLC”).

IOWA RENEWABLE ENERGY, LLC SECOND AMENDED AND RESTATED OPERATING AGREEMENT
Operating Agreement • August 16th, 2010 • Iowa Renewable Energy, LLC • Industrial organic chemicals • Iowa

THIS OPERATING AGREEMENT (the “Agreement”) is entered into and shall be effective as of the 27th day of March 2010, by and among Iowa Renewable Energy, LLC, an Iowa limited liability company (the “Company”), each of the Persons (as hereinafter defined) who are identified as Members on the attached Exhibit “A” and who have executed a counterpart of this Agreement and a Subscription Agreement, and any other Persons as may from time-to-time be subsequently admitted as a Member of the Company in accordance with the terms of this Agreement. Capitalized terms not otherwise defined herein shall have the meaning set forth in Section 1.10.

Amended and Restated Operating Agreement HIS Capital Fund III, LLC
Operating Agreement • October 14th, 2021 • HIS Capital Fund III, LLC • Real estate • Delaware
OPERATING AGREEMENT OF SHI II, LLC A TENNESSEE LIMITED LIABILITY COMPANY
Operating Agreement • December 24th, 2014 • Sheridan Children's Healthcare Services of Arizona, Inc. • Services-specialty outpatient facilities, nec • Tennessee

THIS OPERATING AGREEMENT (the “Agreement”) is entered into as of the 16th day of July, 2014 by Arizona Merger Corporation, a Delaware corporation (the “Member”), who hereby forms SHI II, LLC (the “Company”), a Tennessee limited liability company, pursuant to the Tennessee Revised Limited Liability Company Act (the “Act”) upon the following terms and conditions:

AMENDED AND RESTATED OPERATING AGREEMENT FOR PLAYBOY TV INTERNATIONAL, LLC A DELAWARE LIMITED LIABILITY COMPANY
Operating Agreement • July 2nd, 2003 • Planet Spice Inc • Periodicals: publishing or publishing & printing • Delaware
OPERATING AGREEMENT FOR ADESA VIRGINIA, LLC Effective as of April 27, 2005
Operating Agreement • January 25th, 2008 • Adesa California, LLC • Wholesale-motor vehicles & motor vehicle parts & supplies • Virginia

THIS OPERATING AGREEMENT (this “Agreement”) is made and entered into as of this 27th day of April, 2005 (the “Effective Date”), by and between ADESA Virginia, LLC, a Virginia limited liability company (the “Company”), and ADESA Corporation, LLC (the “Member”), as the sole initial member of the Company. The Company was organized as a limited liability company under the Virginia Limited Liability Company Act, as amended, Code of Virginia §13.1-1000 et seq. (the “Act”). Certain defined terms used in this Agreement are set forth in Schedule I (Schedule of Definitions) attached hereto and made a part hereof. In consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration, and intending to be legally bound hereby, the undersigned parties hereby agree as follows:

OPERATING AGREEMENT OF SRS OF MURRAY COUNTY, LLC
Operating Agreement • September 12th, 2013 • Trestle Transport, Inc. • Patent owners & lessors • Delaware

THIS OPERATING AGREEMENT OF SRS OF MURRAY COUNTY, LLC, (this “Operating Agreement”) is created this 13th day of June, 2002, by Advanced Disposal Services, Inc. (the “Member”).

OPERATING AGREEMENT OF ARAMARK BUSINESS FACILITIES, LLC A Delaware Limited Liability Company
Operating Agreement • December 17th, 2013 • ARAMARK Sports & Entertainment Services, LLC • Retail-eating places

THIS OPERATING AGREEMENT (the “Agreement”) of ARAMARK Business Facilities, LLC, (the “Company”), dated and effective as of November 5, 2008 is entered into by the undersigned to form a limited liability company under the laws of the State of Delaware for the purposes and upon the terms and conditions hereinafter set forth.

AMENDED AND RESTATED OPERATING AGREEMENT OF HOMELAND ENERGY SOLUTIONS, LLC Dated: Effective April 4, 2013
Operating Agreement • March 30th, 2022 • Homeland Energy Solutions LLC • Industrial organic chemicals • Iowa

THIS AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is entered into effective as of the 4th day of April, 2013, by and among Homeland Energy Solutions, LLC, an Iowa limited liability company (the “Company”), each of the Persons identified as Members on the Company’s Unit Holder Register and any other Persons that may from time-to-time be admitted as Members of the Company in accordance with the terms of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in Section 1.10.

AMENDED AND RESTATED OPERATING AGREEMENT OF FARMINGTON CLINIC COMPANY, LLC
Operating Agreement • June 28th, 2011 • NPMC Holdings, LLC

The undersigned hereby executes this Amended and Restated Operating Agreement (“Operating Agreement”) as the sole member (“Member”) of Farmington Clinic Company, LLC (the “Company”), an Missouri limited liability company formed on April 28, 2006, pursuant to the provisions of the Missouri Limited Liability Company Act (“Act”).

OPERATING AGREEMENT OF LOCAL TV NORFOLK REAL ESTATE, LLC A DELAWARE LIMITED LIABILITY COMPANY
Operating Agreement • March 24th, 2016 • Chicagoland Television News, LLC • Television broadcasting stations • Delaware

This OPERATING AGREEMENT (this “Agreement”) of Local TV Norfolk Real Estate, LLC (the “Company”) is dated as of March 22, 2016, by and between the Company and Local TV Virginia, LLC, a Delaware limited liability company (its “Member”).

OPERATING AGREEMENT OF AYR OHIO LLC
Operating Agreement • November 22nd, 2023 • Csac Acquisition Inc. • Medicinal chemicals & botanical products • Ohio

This Operating Agreement (the “Agreement”) of Ayr Ohio LLC (the “Company”), effective as of October 29, 2021 (the “Effective Date”), is entered into by and between the Company and CSAC Acquisition Inc., a Nevada corporation, as the single member of the Company (the “Member”).

CSL Iowa System, LLC A Delaware Limited Liability Company OPERATING AGREEMENT
Operating Agreement • July 2nd, 2015 • CSL Capital, LLC • Real estate investment trusts • Delaware

THIS OPERATING AGREEMENT is made and entered into as of the 17th day of December, 2014, by CSL National, LP, a Delaware limited partnership (the “Member”).

FIRST AMENDMENT TO OPERATING AGREEMENT OF KIMBALL HILL URBAN CENTERS, L.L.C.
Operating Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders

This First Amendment to Operating Agreement of Kimball Hill Urban Centers, L.L.C. (“First Amendment”) is made as of July 1, 2006, by Kimball Hill, Inc. (“KHI”), which is the sole member of Kimball Hill Urban Centers, L.L.C. (the “Company”).

AMENDED AND RESTATED OPERATING AGREEMENT OF SOUTH DAKOTA SOYBEAN PROCESSORS, LLC
Operating Agreement • June 23rd, 2022 • South Dakota Soybean Processors LLC • Fats & oils • Minnesota

This Amended and Restated Operating Agreement of South Dakota Soybean Processors, LLC, dated as of June 21, 2022, is executed and agreed to, for good and valuable consideration, by the Company (as defined below) and its Members (as defined below). This Amended and Restated Operating Agreement amends and restates the Amended and Restated Operating Agreement dated June 17, 2017.

AMENDED AND RESTATED OPERATING AGREEMENT OF BREVARD HMA HOLDINGS, LLC January 27, 2014
Operating Agreement • September 17th, 2014 • Hospital of Fulton, Inc. • Services-general medical & surgical hospitals, nec • Florida

THIS AMENDED AND RESTATED OPERATING AGREEMENT (this “Agreement”) is made as of the 27th day of January, 2014, by Central Florida HMA Holdings, LLC, a Delaware limited liability company (the “Member”).

Kimball Hill Texas Investment Company, L.L.C. Operating Agreement
Operating Agreement • April 13th, 2006 • National Credit & Guaranty CORP • Illinois

NOW, THEREFORE, for good and valuable consideration, KHI hereby establishes regulations for Kimball Hill Texas Investment Company, L.L.C. as follows:

AMENDED AND RESTATED OPERATING AGREEMENT OF CASH CENTRAL OF CALIFORNIA, LLC a California Limited Liability Company Dated as of April 1, 2012
Operating Agreement • June 22nd, 2012 • Reliant Software, Inc. • Functions related to depository banking, nec • California

This AMENDED AND RESTATED OPERATING AGREEMENT (this “Agreement”) of Cash Central of California, LLC (the “Company”) is made, adopted and entered into effective as of April 1, 2012, by Direct Financial Solutions, LLC, a Delaware limited liability company, as the sole member of the Company (the “Sole Member”).

AMENDED AND RESTATED OPERATING AGREEMENT OF a Delaware Limited Liability Company May 5, 2014
Operating Agreement • March 30th, 2015 • JCC Fulton Development, LLC • Delaware

This AMENDED AND RESTATED OPERATING AGREEMENT (as amended from time to time, this “Agreement”) of 3535 LV NEWCO, LLC, a Delaware limited liability company (the “Company”) is made by CAESARS GROWTH QUAD, LLC, a Delaware limited liability company, as sole member (the “Member”) of the Company, and is effective as of May 5, 2014.