8686018070 Electronically Recorded —=Taant County Texas Official Public Records 2008 Mar 28 08:14 AM Fee: $ 36.00 D208109898 Fegpenna Minheose.) Submitter: ACS INC 6 Pages Suzanne Henderson Suzanne Henderson County Clerk Tarrant County Se Recorded As: Restrictive Covenant And Agreement Number of Pages: / HFTC GF#: Kora Received from ope © HFTC GF# $L08320483 (SB) RESTRICTIVE COVENANT AND AGREEMENT (New Residence Construction Contract — Contract of Sale) HX This Restrictive Covenant and Agreement (this "Agreement’) is made this 18505 of March, 2008, by andy lTy between GEORGE M. OWENS and LISA G. OWENS, 6528 Fairview Drive, Watauga, Texas 76148, hereinafter Ye referred to as "Owner", whether one or more) and BLOOMFIELD HOMES, L.P. of 807 Potomac Place, Southlake, Texas 76092 (hereinafter referred to as "Builder”) b ‘ * but to be eHea RECITALS March Zo, 2 h WHEREAS, Owner is the current owner of the following described as 6528 Fairview Drivg 76148, and being more particularly described as follows: Legal Description Lot 30, Block B, of DURHAM FARMS, an Addition to the City of Watauga the Plat thereof recorded in Cabinet A, Slide 10325, of the Plat Records 9 Improvements; and given by, through or under Builder relating to Rents”), including but not limited to, any implied ay exist in Texas and further stipulates that this WHEREAS, Owner desires to release any impk the construction of all improvements on the Propert warranty of good and workmanlike construction te Agreement SHALL RUN WITH THE JS NOW, THEREFORE, for Fift z of which is hereby acknowledged, signed Rereby acknowledge, agree and stipulate the following: hey have entered into a transaction that Involves interstate
L RUN WITH THE JS NOW, THEREFORE, for Fift z of which is hereby acknowledged, signed Rereby acknowledge, agree and stipulate the following: hey have entered into a transaction that Involves interstate a, warranty, tort, statutory or otherwise) (the "Dispute’), including, but disputes or claims arising under, or related to, any contract and any ner, the Property or Improvements, or any dealings between the Owner 1. The parties specifita commerce and that any dispute (vibe not limited to, (a) any and a Z hay‘e/bitration costs and fees in excess of those that would have been incurred in filing suit in a courtkof Ta effacting service of process. The arbitrator may award to the prevailing party, if any, as determined by theNarbitkatoy/ aff or any portion of its costs and fees. “Costs and fees” may include reasonable expenses of expenses such as copying and telephone, court costs, witness fees and reasonable attorney's fees. The mediation and, if necessary, the arbitration shall be conducted pursuant to any procedures set forth in the applicable warranty documents, lf there is any conflict between this Agreement and such procedures, the provisions of this Agreement shall control. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty documents cannot conduct the mediation or arbitration for any reason, or if no mediator and/or arbitrator is designated, then the parties agree to work together in good faith to select a mediator and, if all Disputes are not resolved by mediation, an arbitrator in the county where the subject property is located. If the parties are unable to agree on the appointment of a mediator and/or arbitrator, either party may petition a court of general jurisdiction in the subject county to appoint a
property is located. If the parties are unable to agree on the appointment of a mediator and/or arbitrator, either party may petition a court of general jurisdiction in the subject county to appoint a RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 1 of 5 Revised 1/2005 (New Residence Construction Contract — Contract of Sale) Home Builders Association of Greater Dallas Form B-7 mediator and/or arbitrator. It is stipulated and agreed that the filing of a petition requesting appointment of a mediator and/or arbitrator shall not constitute a waiver of the right to enforce binding arbitration.
In any arbitration proceeding between the parties: a. All applicable Federal and State law (including Chapter 27 of the Texas Property Code) shall apply; b. All applicable claims, causes of action, remedies and defenses that would be available in court shall apply; c. The proceeding shall be conducted by a single arbitrator selected by a process designed to ensure the neutrality of the arbitrator; d. The parties shall be entitled to conduct reasonable and necessary discovery; e. The arbitrator shall render a written award and, if requested by any party, a regsqned award; t. The Owner shall not be required to pay any unreasonable costs or fees and t shall have the right to apportion costs and fees in an equitable manner in the arbitration": g. Any award rendered in the proceeding shall be final and binding and judg If Owner or Builder file a proceeding in any court to resolve any sh Sy, dispute or claim, such action shall not constitute a waiver of the right of such party or a ba'No the rig er party to seek arbitration of that or any other claim, dispute or controversy, and the court § pon motion of any party to the proceeding,
itute a waiver of the right of such party or a ba'No the rig er party to seek arbitration of that or any other claim, dispute or controversy, and the court § pon motion of any party to the proceeding, direct that such controversy, dispute or claim be arbitrated in accotdanse herewith. Inasmuch as this Agreement provides for mandatory arbitration of Disputes, if any party compréfts ajion in violation of this Agreement, such RESIDENTIAL CONSTRUCTION LIABILITY ND ANY DISPUTES OR CLAIMS REGARDING IMPROVEMENTS. OWNER AND BUILDER OWNER AND BUILDER ALSO AND AGREE THAT A REQUEST FOR WARRANTY PERFORMANCE SHALL NOT B R ASA NOTICE OF CONSTRUCTION DEFECT UNDER THE RCLA, AND THAT ANY NOTICE P BR RGLA SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNER REQUIRED BY THE R MND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS WEEN THE RCLA AND ANY OTHER LAW, INCLUDING THE THIS AGREEMENT, ACKNOWLEDGES THAT HE/SHE/THEY HAS/HAVE E PROVISIONS CONTAINED HEREIN.
ELATING TO THE PROPERTY AND/OR IMPROVEMENTS IS THAT EXPRESS WARRANTY PROVIDED BY BUILDER (the "Limited Warranty”). OWNER AGREES AND TR UCH IMPLIED WARRANTY, TO THE EXTENT IT EXISTS IN TEXAS, IS EXPRESSLY REPLACED@Y THE TERMS OF THE LIMITED WARRANTY INCORPORATED BY REFERENCE !NTO THIS AGREEMENT, OWNER ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY ARE CLEAR, SPECIFIC AND SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY STANDARDS OF CONSTRUCTION WHICH BUILDER IS OBLIGATED TO MEET. OWNER ACKNOWLEDGES THAT THEY HAVE RECEIVED AND REVIEWED SUCH WARRANTY, AND OWNER AGREES TO DELIVER A COPY OF THE LIMITED WARRANTY TO ANY SUBSEQUENT PURCHASER OF THE PROPERTY 5. In the event that the reasonable cost of repair necessary to repair a construction defect or defects in or
REES TO DELIVER A COPY OF THE LIMITED WARRANTY TO ANY SUBSEQUENT PURCHASER OF THE PROPERTY 5. In the event that the reasonable cost of repair necessary to repair a construction defect or defects in or related to the Improvements that are the responsibility of Builder exceeds 20% of the then current fair market value of RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 2 of 5 Revised 1/2005 (New Residence Construction Contract — Contract of Sale) Home Builders Association of Greater Dallas Form B-7 the Improvements, as determined without reference to the construction defect(s), Builder may elect to repurchase the Property in accordance with Section 27.004 the Texas Property Code. This right of election shall survive the completion of the Contract between Owner and Builder and the delivery of the deed to the Property from Builder to Owner, and shall be binding on Owner's successors and assigns.
6. Owner and Builder hereby agree, acknowledge and stipulate that all manufacturer warranties on equipment and consumer products incorporated into the Improvements such as air conditioners, heating units, water heaters, refrigerators, ranges, dishwashers and other appliances or equipment shall be assigned to Owner. Owner hereby agrees, acknowledges and stipulates that Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING SUCH EQUIPMENT OR CONSUMER PRODUCTS AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES TO THE FULLEST EXTENT PERMITTED BY STATE OR FEDERAL LAW.
that may be caused by mold. These steps include the following: a. Before bringing items into the home, check for signs of mold. Pq cca rodts 2nd soil), v 5 y the Id goods, could already contain mold growth. Once mold is bro R &
These steps include the following: a. Before bringing items into the home, check for signs of mold. Pq cca rodts 2nd soil), v 5 y the Id goods, could already contain mold growth. Once mold is bro R & to other areas of the home.
b. Regular vacuuming and cleaning will help reduce mol tile cleaners are effective in eliminating or pre i ator surface is color safe. Porous materials, such as fabric, discarded. Should the mold growth be severe, call on the Whether or not a home old growth depends largely on how it is maintained. The Builder has not made, created or invited ( tendo make, create or invite) any warranty or any other expectancy, either express or implied, in reggrs ald or other biological impurities. The Owner understands and agrees that the Builder is not respay disclaims any liability for, any damages (whether actual, special, incidental or consequen injury, illness or allergic reactions (including, but not limited to, any personal injury) which the @wner, o family members or invitees may experience as a result of mold, mildew, fungus, spores, cherica Impurities, including, but not limited to, property damage, personal injury, loss of income, emotiOnal distre ath, loss of use, loss of value, and adverse health effects, or any other effects. For Fifty Dollars Owner (for therfSelves and for their joint and several agents, heirs, successors, executors, subrogees, attorneys and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, and insurers (collectively, the “Releasees”) of and from any and all present and future claims, demands, causes of action and damages, of whatever kind or nature (including, but not limited to, any claim for personal injury, whether resulting
”) of and from any and all present and future claims, demands, causes of action and damages, of whatever kind or nature (including, but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasee or otherwise) that arises out of or in any way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum extent allowed by law, Owner hereby waives (and is estopped to assert) all claims to the contrary.
RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 3 of 5 Revised 1/2005 (New Residence Construction Contract — Contract of Sale) Home Builders Association of Greater Dallas Form B-7 Owner hereby further releases, on behalf of themselves and on behalf of any insurance carrier or third-party with which Owner deals, Builder from any claim for subrogation. Owner understands that if it makes a claim upon any insurance policy or third-party for damages related to mold, chemicals or biological impurities, such insurer or third-party will not be able to pursue reimbursement or damages from Builder. Owner agrees to not assign any of their rights to any insurer or third party. Owner agrees to obtain from any and all insurers waivers of subrogation of any such claims.
8. Owner and Builder agree that this Agreement shall be filed of record in the appropriate real property records of the County in which the Property is located.
9. Owner and Builder further stipulate that this Agreement SHALL RUN WITH THE LAND.
10. By execution of this Agreement, (i) Owner acknowledges that the Improvements have been co in accordance with the contract between Owner and Builder or that any discrepancies or differences BUILDER: Address: 807 Potomac Place Southlake, TX 76092 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 4 of 5 Revised 1/2005
the contract between Owner and Builder or that any discrepancies or differences BUILDER: Address: 807 Potomac Place Southlake, TX 76092 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 4 of 5 Revised 1/2005 (New Residence Construction Contract — Contract of Sale) Home Builders Association of Greater Dallas Form B-7 STATE OF TEXAS a to ta COUNTY OF TARRANT This instrument was acknowledged before me on the [ 3 day of March, 2008, by George M.
Owens and Lisa G, Owens (Owner). Amur lee_ nie 5, BROWNLEE — SS ye nt ne, at 2 AE Sater ee + HES L% Motary Public, State of Texas uf My Camrnlaslan Expires ev November 20, 2010 WW Notary Public, State of Texas \ THE STATE OF TEXAS § § ) § Personalized Notary Seal } COUNTY OF TARRANT This instrument was acknowledged before me on the Blanchard, Vice President of Bloomfield Properties, Inc., on behalf of said enti 5. BROWNLEE Notary Public, State of Texas My Commission Expires November 20, 2010 ae te Set kA ESTE Oo ¥, AFTER RECORDING, RETURN TO: © EE Bloomfield Homes, L.P.
807 Potomac Place Southlake, TX 76092 Personalized Notary Seaj RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 5 of 5 Revised 1/2005 (New Residence Construction Contract —- Contract of Sale) Home Builders Association of Greater Dallas Form B-7