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Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards
RE: 7333 New Hampshire Avenue, Takoma Park, MD 20912
Property Address
LEAD WARNING STATEMENT
Every purchaser/tenant of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may
present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children
may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory.
Lead poisoning also poses a particular risk to pregnant women. The seller/landlord of any interest in residential real property is required to provide the
buyer/tenant with any information on lead-based paint hazards from risk assessments or inspections in the seller’s/landlord’s possession and notify the
purchaser/tenant of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior
to purchase/lease.
SELLER‟ S
S/LANDLORD‟ DISCLOSURE (initial)
______ (a) Presence of lead-based paint and/or lead-based paint hazards (check one below):
Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):
Seller’s knowledge is limited to what is set forth in the following documents (the “Documents”):
1. Phase I Environmental Site Assessment with respect to 7333 & 7401 New Hampshire Avenue, Takoma Park, Maryland dated May 12, 2005
and prepared by ECS Mid-Atlantic, LLC (ECS Project No. 11255).
2. Lead Based Paint Inspection Report with respect to 7333 & 7401 New Hampshire Avenue, Takoma Park, Maryland dated October 1, 2004
and prepared by Environmental Testing Assessment and Analysis.
Seller/Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing
______(b) Records and reports available to the seller/landlord (check one below):
Seller/Landlord has provided the purchaser/tenant with all available records and reports pertaining to lead- based paint and/or lead-based paint
hazards in the housing (list documents below):
The Documents are available for review in the sales office at the property.
Seller/Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing
PURCHASER „ S
S/TENANT‟ ACKNOWLEDGEMENT (initial)
_______ (c) Purchaser/Tenant has read the Lead Warning Statement above
_______ (d) Purchaser/Tenant has received copies of all information listed above. __Yes __No __None listed
_______ (e) Purchaser/Tenant has received the pamphlet Protect Your Family From Lead in Your Home. Yes__ No__
_______ (f) Purchaser has (check one below):
Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint
and/or lead-based paint hazards; or
Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
S
AGENT‟ ACKNOWLEDGEMENT (initial)
_______(g) Agent has informed the seller/landlord of the seller’s/landlord’s obligations under 42 U.S.C. 4582 (d) and is aware of his/her
responsibility to ensure compliance.
CERTIFICATION OF ACCURACY
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is
true and accurate.
SELLER: PURCHASER: Agent
TENACITY 7333 NEW HAMPSHIRE AVENUE LLC
By: Tenacity Hampshire Towers LLC, Manager ______________________ ____ ______________________ ____
Name: Date Name: Date
By: _____________________________ ____ ______________________ ____
Name: Date Name: Date
Title: Manager
29
NOTICE REGARDING MARYLAND RESIDENTIAL PROPERTY DISCLOSURE AND DISCLAIMER STATEMENTS
NOTICE TO SELLER AND PURCHASER
Section 10-702 of the Real Property Article, Annotated Code of Maryland, requires the owner of certain
residential real property to furnish to the purchaser either (a) a RESIDENTIAL PROPERTY DISCLAIMER
STATEMENT stating that the owner is selling the property "as is" and makes no representations or
warranties as to the condition of the property or any improvements on the real property, except as
otherwise provided in the contract of sale, or in a listing of latent defects; or (b) a RESIDENTIAL
PROPERTY DISCLOSURE STATEMENT disclosing defects or other information about the condition of
the real property actually known by the owner. Certain transfers of residential property are excluded from
this requirement (see the exemptions listed below).
10-702. EXEMPTIONS. The following are specifically excluded from the provisions of §10-702:
1. The initial sale of single family residential real property:
A. that has never been occupied; or
B. for which a certificate of occupancy has been issued within 1 year before the
seller and buyer enter into a contract of sale;
2. A transfer that is exempt from the transfer tax under §13-207 of the Tax-Property Article,
except land installment contracts of sales under §13-207(a) (11) of the Tax-Property
Article and options to purchase real property under §13-207(a)(12) of the Tax-Property
Article;
3. A sale by a lender or an affiliate or subsidiary of a lender that acquired the real property
by foreclosure or deed in lieu of foreclosure;
4. A sheriff’s sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee;
5. A transfer by a fiduciary in the course of the administration of a decedent’s estate,
guardianship, conservatorship, or trust;
6. A transfer of single family residential real property to be converted by the buyer into use
other than residential use or to be demolished; or
7. A sale of unimproved real property.
Section 10-702 also requires the owner to disclose information about latent defects in the property that
the owner has actual knowledge of. The owner must provide this information even if selling the property
“as is.” “Latent defects” are defined as: Material defects in real property or an improvement to real
property that:
(1) A purchaser would not reasonably be expected to ascertain or observe by a careful visual
inspection of the real property; and
(2) Would pose a direct threat to the health or safety of:
(i) the purchaser; or
(ii) an occupant of the real property, including a tenant or invitee of the purchaser.
30
MARYLAND RESIDENTIAL PROPERTY DISCLAIMER STATEMENT
Property: 7333 New Hampshire Avenue, Takoma Park, MD 20912
NOTICE TO OWNER(S): Sign this statement only if you elect to sell the property without representations
and warranties as to its condition, except as otherwise provided in the contract of sale and in the listing of
latent defects set forth below; otherwise, complete and sign the RESIDENTIAL PROPERTY
DISCLOSURE STATEMENT.
Except for the latent defects listed below, the undersigned owner(s) of the real property make no
representations or warranties as to the condition of the real property or any improvements thereon, and
the purchaser will be receiving the real property "as is" with all defects, including latent defects, which
may exist, except as otherwise provided in the real estate contract of sale. The owner(s) acknowledge
having carefully examined this statement and further acknowledge that they have been informed of their
rights and obligations under §10-702 of the Maryland Real Property Article.
The owner(s) has actual knowledge of the following latent defects: None, except as may be set forth in
the Property Condition Assessment issued by ECS Mid-Atlantic LLC and included in the Public Offering
Statement and Consumer Guide.
Seller:
TENACITY 7333 NEW HAMPSHIRE AVENUE LLC
By: Tenacity Hampshire Towers LLC, Manager
By: __________________________________
Name:
Title: Manager
The purchaser(s) acknowledge receipt of a copy of this disclaimer statement and further acknowledge
that they have been informed of their rights and obligations under §10-702 of the Maryland Real Property
Article.
Purchaser ___________________________________________________
Date______________________
Purchaser ___________________________________________________
Date______________________
31
RESPA Disclosure Notice
To: Unit Purchaser
From: Tenacity 7333 New Hampshire Avenue LLC(“Tenacity Developer Entity”)
Property: 7333 New Hampshire Avenue, Takoma Park, MD, 20912
Tenacity Developer Entity has referred you to its affiliated settlement services providers, Tenacity
Settlements, LLC and/or Elite Funding Corporation (d/b/a as Tenacity Mortgage Corporation) in
connection with your purchase of property from Tenacity Developer Entity. This is to give you notice that
Tenacity Developer Entity has a business relationship with Tenacity Settlements, LLC and Tenacity
Mortgage Corporation. There are common owners of Tenacity Developer Entity, Tenacity Settlements,
LLC, and Tenacity Mortgage Corporation. Because of this relationship, this referral may provide Tenacity
Developer Entity a financial or other benefit. There are common owners of Tenacity Developer Entity and
Tenacity Condo Sales, such that sale of the subject property by and through Tenacity Condo Sales also
may provide Tenacity Developer Entity a financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are
NOT required to the listed provider(s) as a condition for settlement of your loan on or purchase, sale, or
refinance of the subject property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICES
PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO
DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE
SERVICES.
Provider and
Settlement Services Charge or range of charges
Tenacity Mortgage Corporation, mortgage brokerage
services/mortgage banking services 0%-6%
Tenacity Settlements, LLC, real estate settlement
services, including title insurance, escrow and
closing services 0%-6%
Acknowledgment:
I/we have read this disclosure form, and understand that Tenacity Developer Entity is referring me/us to
purchase the above-described settlement service(s) and may receive a financial or other benefit as the
result of this referral.
____________________________________
Signature
____________________________________
Signature
32
FINANCING SUMMARY ADDENDUM
For ease of reference only, set forth below is a summary of certain (but not all) of the financing
contingency and financing related provisions set forth in Section 3 of the purchase agreement (the
“Purchase Agreement”) to which this Financing Summary Addendum is attached. The provisions of this
Financing Summary Addendum shall in no way be deemed to amend, revise or modify any provisions of
the Purchase Agreement and in the event of a conflict between the provisions of this Financing Summary
Addendum and any provisions of the Purchase Agreement, the terms of the Purchase Agreement shall
prevail and control. Unless otherwise defined herein, all capitalized terms shall have the same meaning
ascribed to such term in the Purchase Agreement.
If Purchaser elects to pay the Purchase Price all in cash, then the Purchase Agreement will in no
way contingent upon Purchaser obtaining any financing and Purchaser assumes full responsibility
to initiate and pursue all steps necessary to obtain the funds required for Settlement. Within fifteen
(15) days from the Effective Date, Purchaser will be required to provide Seller with proof of
Purchaser's financial ability to pay the balance due at Settlement. If Purchaser fails to promptly
provide proof satisfactory to Seller, in Seller’s sole discretion, of Purchaser's financial ability to pay
the balance due at Settlement, then Seller, at Seller’s sole option, will have the right to terminate
the Purchaser Agreement and pursue any of the remedies provided in Section 12 of this
Agreement (including but not limited to terminating the Purchaser Agreement).
If Purchaser elects to obtain financing through a lender, Purchaser is required to make prompt
application therefore and the Purchase Agreement will be contingent upon financing for a period of
thirty (30) days from the Effective Date of the Purchase Agreement (the “Financing Contingency
Period”). Within thirty (30) days from the Effective Date, Purchaser is required to provide Seller
with (i) a letter from a lender reasonably acceptable to Seller stating that Purchaser is approved for
a mortgage in the amount indicated in Section 2.2(b) of the Purchase Agreement and (ii) proof
satisfactory to Seller, in its sole discretion, of Purchaser's financial ability to pay the balance due at
Settlement. If Purchaser fails to comply with such provisions, then Seller may, at its sole option,
pursue any of the remedies provided in Section 12 of the Purchase Agreement (including but not
limited to terminating the Purchase Agreement). If during the Financing Contingency Period,
Purchaser cannot obtain financing approval, then Purchaser at its sole option may terminate the
Purchase Agreement and the Deposit will be returned to Purchaser. Upon expiration of the
Financing Contingency Period, the Purchase Agreement shall not be contingent on financing and if
Purchaser fails to pay the Purchase Price due at Settlement, then Seller may, at its sole option,
pursue any of the remedies provided in Section 12 of the Purchase Agreement.
Purchaser acknowledges and agrees that in connection with a lending institution's underwriting of
Purchaser’s loan, Seller, unless otherwise required by law, rule or regulation, shall only be required to
complete a standard condominium questionnaire and provide such lender with one (1) copy of the
Public Offering Statement and Consumer Guide for the Condominium (which may, at Seller’s option,
be in a written or electronic format or on a computer disk).
Seller makes no representations or warranties that Purchaser will be able to obtain a mortgage
commitment, or mortgage, and Purchaser will have the sole obligation to obtain the same. In no event
shall Seller have any obligation or liability to Purchaser because of any lender's refusal to issue such a
commitment or to disburse the proceeds hereunder for any reason whatsoever.
The Purchase Agreement is not contingent on Purchaser’s ability to comply with any terms or
conditions of any pre-qualification letter or commitment, such as the sale of Purchaser’s house or
other property or retirement of debt. Seller will not be liable for any damages or interest rate
changes caused by delays in completion or Settlement.
NO SIGNATURE REQUIRED FOR THIS PAGE
33
MONTGOMERY COUNTY ADDENDUM
THIS MONTGOMERY COUNTY ADDENDUM (this “County Addendum”) was executed simultaneously
with and is an integral part of the Purchase Agreement dated as of _____________, 200__, including any
and all Addenda attached thereto, by and between Seller and Purchaser (collectively, the "Agreement").
In this County Addendum, “Seller” is sometimes referred to as “we” and Purchaser is sometimes referred
to as “you”.
Notice to Seller: Pursuant to Montgomery County Code (Sec.40-13), a Seller is required to fully disclose
to Purchasers all specific facts relevant to, or affecting any property, imposed by any law or regulation or
any common law principle. Seller acknowledges he has carefully examined this form, and that the
information is complete and accurate to the best of its knowledge as of the date signed. This
Disclosure/Addendum to be completed by the Seller shall be available to prospective Purchasers prior to
making a purchase offer and will become a part of the sales contract for the sale of the Unit
Notice to Purchaser: The information contained herein is the representation of the Seller. Further
information may be obtained by contacting staff and web sites of appropriate authorities, Montgomery
County Government, 240-777-1000 (web site: www.montgomerycountymd.gov), Park and Planning
Commission/Montgomery County Department of Park and Planning, 301-495-4600 (Web site: www.mc-
mncppc.org) and municipality, if applicable.
1. MASTER PLAN.
Prior to signing the Agreement, you have the right to examine the master plan and any land use
plan for the area in which the Condominium Unit is located and any adopted amendment to either plan,
and approved official maps showing planned land uses, roads and highways, parks and other public
facilities affecting the Condominium Unit contained in the plan. By signing this County Addendum, you
acknowledge the following:
(a) We have offered you the opportunity to review the master plan and land use plan and any
adopted amendments.
(b) We have informed you that amendments affecting the plans may be pending before the
planning board or the county council or a municipal planning body.
(c) You have reviewed each plan and adopted amendment or do hereby waive the right to
do so.
(d) You understand that to stay informed of future changes in the county and municipal land
use plans, you should contact the planning board and the appropriate municipal planning body.
PURCHASERS:
Name: Name:
2. AVAILABILITY OF WATER AND SEWER SERVICE
Existing Water and Sewer Service: Refer to the Seller’s Water Bills or contact WSSC at 301-
206-4001 or City of Rockville at 240-314-8420.
Well and Septic Locations: Contact the Department of Permitting Services “DPS”, Well and
Septic, at 240- 777-6320, fax 240-777-6314 or gene.vongunten@co.mo.md.us. For septic field
location for homes constructed prior to 1978, request an “as built” drawing using DPS‟s “Septic
System Location Application” form. Homes built prior to 1960 may be filed on microfiche, and, if
outside a subdivision, the name of the original owner may be required. An original owner’s name
can be found among the Land Records at the County Courthouse. Allow two weeks for the “as
built” drawing.
Categories: To confirm service area category, contact the Montgomery County Department of
Environmental Protection (“DEP”) Watershed Management Division, Alan Soukop at 240-
777-7716 or alan.soukop@co.mo.md.us or fax request to 240-777-7715.
A. Water: Is the Property connected to public water? Yes No
If no, has it been approved for connection to public water? Yes No Do not know
34
If not connected, the source of potable water, if any, for the Property is: _______________
B. Sewer: Is the Property connected to public sewer system? Yes No
If no, answer the following questions:
1. Has it been approved for connection to public sewer? Yes No Do not know
2. Has an individual sewage disposal system been constructed on Property? Yes No.
Has one been approved for construction? Yes No.
Has one been disapproved for construction? Yes No Do not know.
If no, explain: __________________________________________________________________
C. Categories: The water and sewer service area category or categories that currently apply to
the Property is/are (if known) _____________. This category affects the availability of water
and sewer service as follows (if known)______________________________________________.
D. Recommendations and Pending Amendments (if known):
1. The applicable master plan contains the following recommendations regarding water and
sewer service to the Property: _________________________________________________
2. The status of any pending water and sewer comprehensive plan amendments or service
area category changes that would apply to the Property:________________________________
E. Well and Individual Sewage System: When a Purchaser of real property that is located in a
subdivision on which an individual sewage disposal system has been or will be installed
receives the copy of the recorded subdivision plat, the Purchaser must confirm in writing by
signing said Plat that the Purchaser has received and reviewed the Plat, including any
restrictions on the location of initial and reserve wells, individual sewage disposal systems,
and the buildings to be served by any individual sewage disposal system. By signing below,
the Purchaser acknowledges that, prior to signing the Contract, the Seller has provided the
information referenced above, or has informed the Purchaser that the Seller does not know
the information referenced above; the Purchaser further understands that, to stay informed of
future changes in County and municipal water and sewer plans, the Purchaser should consult
the County Planning Board or any appropriate municipal planning or water and sewer
agency.
____________________________ ____________________________
Purchaser Date Purchaser Date
3. CONDOMINIUM ASSOCIATION.
The Property is located in a Condominium Association. The name of the Condominium is Takoma
Overlook Condominium and the name of the Condominium Association is the Takoma Overlook
Condominium Association, Inc. The name of the management company is Cap City Management LLC
and its telephone number is 202-349-0705. The current estimated monthly condominium fee is $______.
There are currently no special assessments and there are no assessments or fees approved and yet not
assessed.
4. SUBDIVISION PLAT.
You acknowledge that, prior to the execution of the Agreement and this County Addendum, we
delivered to you a copy of the recorded subdivision plat on which the Condominium Unit is located or, if
the property is not yet subdivided, a copy of the subdivision plat we intend to record among the land
records.
5. MODERATELY-PRICED DWELLING UNITS.
Purchaser acknowledges that Purchaser has been advised by Seller that the Condominium is not
currently part of a Montgomery County Moderately-Priced Dwelling Unit program.
35
6. AIRPORT/HELIPORT NOTICE.
The following list of airports and heliports includes those in Montgomery County and the
surrounding area that may be within a five-mile radius of the Condominium Unit. This list was compiled
from data provided by the Washington Airports District Office of the Federal Aviation Administration and
was current as of 4/1/07. Purchaser should be aware of the fact that most properties in Montgomery
County are within five (5) miles of an airport or heliport installation. Refer to the FAA website for a current
list. www.gcr1.com/airport.cfm
Montgomery County
Bethesda Naval Medical Hospital Heliport, 8901 Rockville Pike, Bethesda, MD 20889
Davis Airport, 7200 Hawkins Creamery Road, Laytonsville, MD 20879
Dow Jones & Company, Inc., 11501 Columbia Pike, Silver Spring, MD 20904
Federal Support Center Heliport, 5321 Riggs Road, Gaithersburg, MD 20882
Flying M Farms, 24701 Old Hundred Road, Comus, MD 20842
IBM Corporation Heliport, 18100 Frederick Avenue, Gaithersburg, MD 20879
Maryland State Police Heliport, 16501 Norwood Road, Sandy Spring, MD 20860
Montgomery County Airpark, 7940 Airpark Road, Gaithersburg, MD 20879
Shady Grove Adventist Hospital, 9901 Medical Center Drive, Rockville, MD 20850
Suburban Hospital, 8600 Old Georgetown Road, Bethesda, MD 20814
Waredaca Farm, 4015 Damascus Road, Gaithersburg, MD 20760
Washington Adventist Hospital, 7600 Carroll Avenue, Takoma Park, MD 20912
s
Prince George‟ County
Citizens Bank Helipad, 14401 Sweitzer Lane, Laurel, MD 20707
College Park, 1909 Cpl Frank Scott Drive, College Park, MD 20740
The Greater Laurel Beltsville Hospital, 7100 Contee Road, Laurel, MD 20707
Frederick County
Faux-Burhams Airport, 9401 Ball Road, Ijamsville, MD 21754
Ijamsville Airport, 9701 C. Reichs Ford Road, Ijamsville, MD 21754
Stol-Crest Airfield, 3851 Price’s Distillery Road, Urbana, MD 21754
Carroll County
Walters Airport, 7017 Watersville Road, Mt. Airy, MD 21771
District of Columbia
Children’s National Medical Center, 111 Michigan Avenue, NW, 20010
Georgetown University Hospital, 3800 Reservoir Road, NW, 20007
Metropolitan Police, Dist. 2, 3320 Idaho Avenue, NW, 20007
Metropolitan Police, Dist. 3, 1620 V Street, NW, 20007
Michael R. Nash, 50 Florida Avenue, NE 20002
National Presbyterian Church, 4101 Nebraska Avenue, NW, 20016
Ronald Reagan Washington National Airport, Arlington County 20001
Sibley Memorial Hospital, 5255 Loughboro Road, NW, 20016
Steuart Office Pad, Steuart Petroleum Co., 4640 40th Street, NW, 20016
Walter Reed Hospital, 6825 16th Street, NW, 20012
Washington Hospital Center, 110 Irving Street, NW, 20010
Washington Post, 1150 15th Street, NW, 20017
Virginia
Leesburg Executive, 1001 Sycolin Road, Leesburg, 22075
Loudoun Hospital Center, 224 Cornwall, NW, Leesburg, 22075
Ronald Reagan Washington National Airport, Arlington County 20001
7. PRE-SETTLEMENT INSPECTION.
(a) Not less than twenty-four (24) hours, nor more than seventy-two (72) hours prior to the
date of Settlement, you will have the right to inspect the Condominium Unit (the “Inspection”). We will
make every effort to designate dates and times for the Inspection which are reasonably convenient for
you.
(b) We will allow a reasonable time for you or your agent to conduct the inspection.
(c) You and your agents, as well as our representatives, may attend the Inspection.
(d) Your right to the Inspection is guaranteed by Montgomery County law.
36
8. NEW HOME WARRANTY SECURITY.
NOTICE TO PURCHASER
(Pursuant to Section 31C-3(f)(C) of the Montgomery County Code)
Montgomery County law does not require that we furnish any bond, insurance, or other financial
security to guarantee the performance of our warranty obligations. If we have promised you any other
bond, insurance, or security to guarantee the performance of our warranty obligations, that bond,
insurance or security must be listed below:
No bond, insurance or other financial security is responsible for or
s
guarantees the Seller‟ warranty obligations.
9. STORM WATER MANAGEMENT FEES – CITY OF TAKOMA PARK.
The City of Takoma Park, MD maintains its own storm water facilities and assesses and bills for
an annual storm water management fee on all real property located in the city. This assessment is
made separate from City property taxes and requires a separate inquiry as to applicability and the amount
to be collected and/or prorated. Inquiries can be made at 301-891-7212. Is the property located in the City
of Takoma Park and subject to this assessment? Yes No
10. CLAIMS AND DISPUTES.
Purchaser acknowledges Purchaser’s right, pursuant to Section 40-19 of the Montgomery County
Code in the event the Unit is deemed to be “New Home” as defined in Section 40-15 of the Montgomery
County Code, to disaffirm any agreement to participate in arbitration, when the arbitration procedure is to
be initiated. At that time, either Purchaser or Seller may decide not to proceed with arbitration, and may
instead exercise any other remedy available by law.
11. UNDERGROUND STORAGE TANK.
For information regarding Underground Storage Tanks and the procedures for their removal or
abandonment, contact the Maryland Department of the Environment. www.mde.state.md.us Does the
Property contain an unused underground storage tank? Yes No Unknown. If yes, explain when,
where and how it was abandoned:
Two (2) 15,000 gallon underground tanks storing heating oil were formerly located on the Property.
These tanks were removed in 2005 by the former owner of the Property and replaced with two (2) 10,000
gallon double-walled heating oil tanks.
Purchaser has read and understands the above disclosures contained in this County Addendum.
This County Addendum is incorporated into the Purchase Agreement by this reference. All other terms
and conditions of the Purchase Agreement shall remain in full force and effect. This County Addendum is
not a novation of the Purchase Agreement.
PURCHASER(S):
DATE:______________________ _________________________________
(Purchaser)
DATE:______________________ _________________________________
(Purchaser)
37
SELLER:
DATE:________________________ TENACITY 7333 NEW HAMPSHIRE AVENUE LLC,
a Maryland limited liability company
BY: Tenacity Hampshire Towers LLC, Manager
By: ______________________________
Name:
Title:
38
LAND CONDOMINIUM ADDENDUM
THIS LAND CONDOMINIUM ADDENDUM was executed simultaneously with and is an integral
part of the Takoma Overlook Condominium Purchase Agreement between Tenacity 7333 New
Hampshire Avenue LLC ("Seller") and ___________________________________________
("Purchaser").
1. The residential condominium project in which the Unit that Purchaser is purchasing
pursuant to this Agreement, being known and referred to as Takoma Overlook Condominium (the
“Condominium”), is located within a land condominium regime known and referred to as Hampshire
Towers Land Condominium (the “Land Condominium”). The Land Condominium generally consists of
two (2) land units: (a) "Land Unit No. 1"; and (b) "Land Unit No. 2". The Condominium is located on Land
Unit No. 2.
2. The Condominium is subject and subordinate to the Declaration of Hampshire Towers
Land Condominium (“Land Condominium Declaration”), and the Bylaws of Hampshire Towers Land
Condominium (the “Land Condominium Bylaws”). The Land Condominium is more particularly shown on
the condominium plat of Hampshire Towers Land Condominium (the “Condominium Plat”), such
documents being hereinafter referred to collectively as the "Land Condominium Documents". Further
information regarding the Land Condominium is included in the Public Offering Statement and Consumer
Guide, as the same may be amended.
3. Copies of the Land Condominium Documents and the Condominium Instruments are
exhibits to the Public Offering Statement and Consumer Guide for the Condominium.
4. Purchaser agrees to abide by all provisions of the Land Condominium Documents and
the Condominium Instruments, as the same may be amended from time to time.
5. The council of unit owners of the Condominium is obligated to pay certain assessments of
the Land Condominium which will be included as part of the Condominium assessments payable by
Purchaser.
6. Purchaser has read and understands the above disclosures.
7. This Addendum is incorporated into the Purchase Agreement by this reference. All other
terms and conditions of the Purchase Agreement shall remain in full force and effect. This Addendum is
not a novation of the Purchase Agreement.
[SIGNATURE PAGE FOLLOWS]
39
IN WITNESS WHEREOF, the undersigned have executed and delivered this Land Condominium
Addendum as of the date first written above.
PURCHASER(S):
DATE:______________________ _________________________________
Name:
DATE:______________________ _________________________________
Name:
SELLER:
DATE:________________________ TENACITY 7333 NEW HAMPSHIRE AVENUE LLC,
a Maryland limited liability company
BY: Tenacity Hampshire Towers LLC, Manager
By: ______________________________
Name:
Title:
40
County Rights Addendum
THIS COUNTY RIGHTS ADDENDUM was executed simultaneously with and is an integral part
of the Takoma Overlook Condominium Purchase Agreement between TENACITY 7333 NEW
HAMPSHIRE AVENUE LLC ("Seller") and __________________________________________
("Purchaser").
Purchaser hereby acknowledges that Seller’s sale of the Unit to Purchaser and Purchaser’s
purchase of said Unit is contingent upon (a) the existing tenants of Takoma Overlook Condominium
electing not to purchase said Unit pursuant to the rights afforded to said tenants under any agreement
with Seller and/or Maryland, Montgomery County and the City of Takoma Park laws, (b) the existing
tenant of said Unit surrendering and vacating the Unit to Seller on or before the date of settlement under
the Purchase Agreement, and (c) Montgomery County electing not to purchase said Unit pursuant to the
rights afforded to Montgomery County under Maryland and Montgomery County laws.
This Addendum is incorporated into the Purchase Agreement by this reference. All other terms
and conditions of the Purchase Agreement shall remain in full force and effect. This Addendum is not a
novation of the Purchase Agreement.
IN WITNESS WHEREOF, the undersigned have executed and delivered this County Rights
Addendum as of the date first written above.
PURCHASER(S):
DATE:______________________ _________________________________
Name:
DATE:______________________ _________________________________
Name:
SELLER:
DATE:________________________ TENACITY 7333 NEW HAMPSHIRE AVENUE LLC,
a Maryland limited liability company
BY: Tenacity Hampshire Towers LLC, Manager
By: ______________________________
Name:
Title:
41
ACKNOWLEDGEMENT OF RECEIPT OF PUBLIC OFFERING STATEMENT AND CONSUMER GUIDE
Pursuant to the terms of the certain Purchase Agreement (the “Purchase Agreement”) dated as of
____________ by and between ________________________ (“Purchaser”) and Tenacity 7333 New
Hampshire Avenue LLC (“Seller”), Seller has agreed to sell to Purchaser and Purchaser has agreed to
purchase from Seller Unit ___ in the Takoma Overlook Condominium located at 7333 New Hampshire
Avenue, Takoma Park, Maryland. Purchaser was not provided with a copy of the Public Offering
Statement and Consumer Guide for the Takoma Overlook Condominium prior to or in connection with
Purchaser’s execution of the Purchase Agreement.
Purchaser hereby acknowledges that on the date hereof Purchaser has received a copy of the
Public Offering Statement and Consumer Guide for the Takoma Overlook Condominium. Purchaser
specifically acknowledges that Seller has not used the Public Offering Statement and Consumer Guide
for any promotional purpose, nor has Seller advertised or represented to Purchaser that the Secretary of
State of the State of Maryland or that Montgomery County has approved or recommended the
Condominium or any of the documents contained in the Public Offering Statement and Consumer Guide.
This Acknowledgment is incorporated into the Purchase Agreement by this reference. All other
terms and conditions of the Purchase Agreement shall remain in full force and effect. This Addendum is
not a novation of the Purchase Agreement.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Acknowledgment as
of the date first written above.
PURCHASER(S):
DATE:______________________ _________________________________
Name:
DATE:______________________ _________________________________
Name:
SELLER:
DATE:________________________ TENACITY 7333 NEW HAMPSHIRE AVENUE LLC,
a Maryland limited liability company
BY: Tenacity Hampshire Towers LLC, Manager
By: ______________________________
Name:
Title:
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