6rZ9v16070 Electronically Recorded —Tatant County Texas Official Public Records 2009 Jun 03 10:57 AM Fee: $ 40.00 D209146749 Ffegpennes a Submitter: ACS INC 7 Pages Suzanne Henderson & TARRANT COU S SUZANNE HENDERSO Y CLERK ed on behalf of HFTC GF# SL09338829 (SB) RESTRICTIVE COVENANT AND AGREEMENT (New Residence Construction Contract — Contract of Sale) This Restrictive Covenant and Agreement (this “Agreement") is made this 22" day of May, 2009, by and between LANETTE ALLENDORF, 6561 Fairview Drive, Watauga, Texas 76148, hereinafter referred to as “Owner”, whether one or more) and BLOOMFIELD HOMES, L.P. of 807 Potomac Place, Southlake, Texas 76092 (herginafter referred to as “Builder’} RECITALS WHEREAS, Owner is the current owner of the following described as 6561 Fairview Dri 76148 and being more particularly described as follows: Lega! Description Lot 12, Block C of DURHAM FARMS, an Addition to the City of Watauga the Plat thereof recorded in Cabinet A, Slide 10325, of the Plat Record WHEREAS, the undersigned acknowledge that it is tj peaceable resolution of disputes through alternative dispute resol Improvements; and © $ given by, through or under Builder relating to 9 ents"), including but not limited to, any implied b may exist in Texas and further stipulates that this WHEREAS, Owner desires to release any img the construction of all improvements on the Propegh 1. The parties speci commerce and that any dispute not limited to, {a) any and az amendments thereto betwé and Builder; (b) any cont warranties alleged 3 gée by Builder or Builder's representative; and (c) any personal injury or property damage allaged td ba sustained by Owner on the Property or in the subdivision, shall first be submitted to
alleged 3 gée by Builder or Builder's representative; and (c) any personal injury or property damage allaged td ba sustained by Owner on the Property or in the subdivision, shall first be submitted to Act, warranty, tort, statutory or otherwise) (the “Dispute”), including, but gs, disputes or claims arising under, or related to, any contract and any apaubetal of any Dispute shall be decided by the arbitrator. In no event shall Owner be expenses such as copying and telephone, court ae 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. If 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 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.
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 rea award; f, The Owner shall not be required to pay any unreasonable costs or fees and th shall have the right to apportion costs and fees in an equitable manner in the arbitratio g. Any award rendered in the proceeding shall be final and binding and judg§me such award may be entered in any court having jurisdiction. oe abltgatr Owner and Builder agree that notwithstanding anything to the contrary, the rights this Agreement shall survive the closing of the sale of the Property and/or Improvements Jfom-BuilldeNo & waiver or invalidity of any paion of this Agreement shall not affect the validi N party shall reimburse the other parties to the litigation for theif 263 in seeking abatement of such litigation and enforce 2. OWNER AND BUILDER ACKNOWLEDG — RESIDENTIAL CONSTRUCTION LIABILITY ACT (the “RCLA") APPLIES TO CONSTRUCTI2 AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION DEFECTS IN CONWECTIO IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RCLA CO PROVIBIPNS TO EXPEDITE THE RESOLUTION OF CLAIMS.
PLIES TO CONSTRUCTI2 AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION DEFECTS IN CONWECTIO IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RCLA CO PROVIBIPNS TO EXPEDITE THE RESOLUTION OF CLAIMS.
OWNER AND BUILDER ALSO A PERFORMANCE SHALL NOT 3 BQ ASA NOTICE OF CONSTRUCTION DEFECT UNDER THE RCLA, AND THAT ANY NOTIE ME RCLA SHALL BE SEPARATELY SENT TO BUILDER IN THE e RAND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS EEN THE RCLA AND ANY OTHER LAW, INCLUDING THE ER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS SUCH IMPLIED WARRANTY, TO THE EXTENT IT EXISTS IN TEXAS, IS EXPRESSLY REPLAC DPBY THE TERMS OF THE LIMITED WARRANTY INCORPORATED BY REFERENCE INTO 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 JS 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 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
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.
to reduce or eliminate the occurrence of mold growth in the home, and thereby minimize any poS¢ that may be caused by mold. These steps include the following: a. Before bringing items into the home, check for signs of mold.
b.
Cc. itchens and bathrooms by opening the joning to remove excess moisture in the d other sources of moisture. Promptly ot d, such as drywall or insulation.
d. or discolorations or wet spots. Repair any leaks frigerators and air conditioners) for mold growth.
fe signs of mold e. fan the affected area with a mild solution of bleach. First, €ffal or surface is color safe. Porous materials, such as fabric, pe discarded. Should the mold growth be severe, call on the ional f that may assist in effective air filtration and dehumidifiers to maintain Whether or not a home created or invited
, such as fabric, pe discarded. Should the mold growth be severe, call on the ional f that may assist in effective air filtration and dehumidifiers to maintain Whether or not a home created or invited mold growth depends largely on how it is maintained. The Builder has not made, AG to make, create or invite) any warranty or any other expectancy, either express old or other biological impurities. The Owner understands and agrees that the Builder is eb¥ disclaims any ltability for, any damages (whether actual, special, incidental or injury, illness or allergic reactions (including, but not limited to, any personal injury) which Owner (fortttmselves 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 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 cartier or third-party with which Owner deals, Builder from any claim for subrogation. Owner understands that if it makes a claim upon
releases, on behalf of themselves and on behalf of any insurance cartier 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 corn in accordance with the contract between Owner and Builder or that any discrepancies or difference: : OWNER: BUILDER: e|/Properties, Inc.
corporation, its General Partner Felix A. Blanchard, Vice President 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 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
d-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” approved and accepted by Owner and (ii) Owner has accepted the Property and Improvements and he officers, directors, shareholders, representatives, successors and assigns.
OWNER: BUILDER: SS Addfeéss: 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 § § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of May, 2009, by Lanette Allendorf (Owner). a 5, BROWNLEE Notary Public, State oF Texas i 4 iy Commission Expires i Notary Public, State of TEXAS Personalized Notaty;Seal* Hovernber 20, 2010 lt (Or STATE OF TEXAS § § COUNTY OF TARRANT § L.P., a Texas limited partnership (Builder).
erence TTS, §, BROWNLEE ‘ ett cane Sercaares | otary Public, State of TEXAS eal My Commission Exp November 20, 2010 \ einai O AFTER RECORDING, RETURN 3! xe Bloomfield Homes, L.P.
807 Potomac Place Southlake, TX 76092
ROWNLEE ‘ ett cane Sercaares | otary Public, State of TEXAS eal My Commission Exp November 20, 2010 \ einai O AFTER RECORDING, RETURN 3! xe Bloomfield Homes, L.P.
807 Potomac Place Southlake, TX 76092 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 8-7