Page 1 of 5 D218034034 2116/2018 8:52 AM PGS 5 Fee: $32.00 Submitter: CSC ERECORDING SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records f} .
Very foes Gor «22, Mary Louise Garcia GF# 2287491 RESTRICTIVE COVENANT AND AGREEMENT (New Residence Construction Contract - Contract of Sale) This Restrictive Covenant and Agreement (this “Agreement") is made this ) Uf day of LD , 2018, by and between NetREIT Model Homes, LLC (hereinafter referred to as “Owner’, whether one or more) and Bloomfield Homes, LP., 1050 E Hwy 114, Suite 210, Southlake, Texas 76092 (hereinafter referred to as “Builder’).
RECITALS WHEREAS, Owner is the current owner of the following described property situated at: 9924 Chrysalis Drive, Fort Worth Texas 76131 (the “Property"},and more particularly described as follows: WORTH LOT 6, BLOCK 37, OF FOSSIL HILL ESTATES, AN ADDITION TO Th , RDED IN/UNDER TARRANT COUNTY, TEXAS, ACCORDING TO THE MAP OR PLA VOLUME A, PAGE 11577, MAP/PLAT RECORDS, TARRANT CO WHEREAS, Owner purchased the Property and Im and WHEREAS, Owner acknowledges that B Improvements; and WHEREAS, Owner desires to release 3 SS Zinties given by, through or under Builder relating to the construction of all improvements on,the Property (re “pprovements’), including but not limited to, any implied warranty of good and workmanlike codsfructi & extent it may exist in Texas and further stipulates that this NOW, THEREFORE, sufficiency of which is hereby following: and other good and valuable consideration, the receipt and bd, the undersigned hereby acknowledge, agree and stipulate the 1. The parties ally agree that they have entered into a transaction that involves interstate é i ether contract, warranty, tort, statutory or otherwise) (the “Dispute”), including,
e and stipulate the 1. The parties ally agree that they have entered into a transaction that involves interstate é i ether contract, warranty, tort, statutory or otherwise) (the “Dispute”), including, mad all-controversies, disputes or claims arising under, or related to, any contract and any eiyeen Builder and Owner, the Property or Improvements, or any dealings between the . any controversy, dispute or claim arising by virtue of any representations, omissions, or Wasrantios alleged to have been made by Builder or Builder's representative; and (c) any personal injury oyProperty Wamage\aliéged to have been sustained by Owner on the Property or in the subdivision, shall first be g ediation and, if not settled during mediation, shall thereafter be submitted to binding arbitration as é Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) or, if applicable, by similar state statute, and not by or in a court of law’ All decisions respecting the arbitrability of any Dispute shall be decided by the arbitrator. In no event shatOwner be initially required to pay arbitration costs and fees in excess of those that would have been incurred in filing suit in a court of law and effecting service of process. The arbitrator may award to the prevailing party, if any, as determined by the arbitrator, all or any portion of its costs and fees. “Costs and fees” may include reasonable expenses of mediation and/or arbitration, including arbitrator’s fees, administrative fees, travel expenses and out-of-pocket 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
ses 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. 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 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 1 of 5 Revised 1/2011 (New Residence Construction Contract — Contract of Sale) Home Builders Association of Greater Dallas Form B-7 but not limited to, Page 2 of 5 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 mediator and/or arbitrator. It is stipulated and agreed that the filing ofa 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 Jaw (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; Cc. The proceeding shall be conducted by a single arbitrator selected by a process designed to ensure the neutrality of the arbitrator;
edies and defenses that would be available in court shall apply; Cc. 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 reasoneg awa f. The Owner shall not be required to pay any unreasonable costs or fees and tha arbi have the right to apportion costs and fees in an equitable manner in the arbitra g. Any award rendered in the proceeding shall be final and binding and judg award may be entered in any court having jurisdiction.
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 waiver or invalidity of any portion of this Agreement shall not affect the Walid portions of this Agreement. Owner and Builder further agree (1) tha’ officers, employees and agents shall be resolved as set forth herein and shall have the option to include its subcontractors and suppliers as parties walvi g Builder’s directors, of law; and (2) that Builder on and arbitration.
oye any sithcerttroversy, dispute or claim, such g the right of any other party to seek arbitration pon motion of any party to the proceeding, 3 herewith. Inasmuch as this Agreement E gation in violation of this Agreement, such api expenses including attorneys’ fees incurred If Owner or Builder file a proceeding in any court to action shall not constitute a waiver of the right of such party or ab of that or any other claim, dispute or controversy, and the coux direct that such controversy, dispute or claim be arbitrated
t to action shall not constitute a waiver of the right of such party or ab of that or any other claim, dispute or controversy, and the coux direct that such controversy, dispute or claim be arbitrated provides for mandatory arbitration of Disputes, if any party shall reimburse the other parties to the litigati in seeking abatement of such litigation and enforcem 0 (ee T THE RESIDENTIAL CONSTRUCTION LIABILITY ECTS AND ANY DISPUTES OR CLAIMS REGARDING ACT (the “RCLA”) APPLIES TO CONSPRUN ON DER CONSTRUCTION DEFECTS IN ON THE IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RCLA 0@ nSanece SIONS TO EXPEDITE THE RESOLUTION OF CLAIMS.
f OM RU a OWNER AND BUILDER Al EDGE AND AGREE THAT A REQUEST FOR WARRANTY PERFORMANCE SHALL NOT EXTENT OF ANY CONF: Bs TRADE PRACTICES - GO ea a“ by agrees, acknowledges and stipulates that THE ONLY EXPRESS WARRANTY GIVEN G OWNER RELATING TO THE PROPERTY AND/OR IMPROVEMENTS IS THAT EXPRESS BD HOME WARRANTY PROVIDED BY BUILDER (the “Limited Warranty’). OWNER AGREES ANDS THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACTIO BER ANY THEORY OF IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND THAT ANY SUCH IMPLIED WARRANTY, TO THE EXTENT IT EXISTS IN TEXAS, IS EXPRESSLY REPLACED BY 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 !S 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 RAS A NOTICE OF CONSTRUCTION DEFECT UNDER THE RCLA,
HEY HAVE RECEIVED AND REVIEWED SUCH WARRANTY, AND OWNER AGREES TO DELIVER A COPY OF THE LIMITED WARRANTY TO ANY SUBSEQUENT PURCHASER OF THE PROPERTY RAS A NOTICE OF CONSTRUCTION DEFECT UNDER THE RCLA, KA SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNER BM AND’BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE WEDSN THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE R PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS BUSINESS & RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 2 of 5 Revised 1/2011 (New Residence Construction Contract - Contract of Sale) Home Builders Association of Greater Dallas Form B-7 Page 3 of 5 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 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
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, €ND ANY OTHER WARRANTIES TO THE FULLEST EXTENT PERMITTED BY STATE OR FEDERAL LAW.
7. Builder has exercised reasonable care in assuring that the Property and Improveme are free of harmful molds and other undesirable organisms; however, even utilizing modern materials, techfhiques and degighs, any construction project can experience a problem with molds and other biological impuritie a e procedures are not implemented. Such maintenance is a responsibility of Owner. T ke positive steps to reduce or eliminate the occurrence of mold growth in the home, and thereby effects that may be caused by mold. These steps include the following: a. Before bringing items into the home, check for sign pid. Ants (roots and soil), furnishings, or stored clothing and bedding material, 4 a3 er household goods, could already contain mold growth. Once mold e home, its spores can spread to other areas of the home.
b. Regular vacuuming and cleaning will helpret vets: tile cleaners are effective in eliminating or prevéating mold growth.
oy afilate itchens and bathrooms by opening the q Ae cofiditioning to remove excess moisture in the ovdengation and other sources of moisture. Promptly c. Keep the humidity in the home | windows, using exhaust fan air. Promptly clean up and G ' d. Inspect for leaks promptly. Inspé Take notice of a sughly clean the affected area with a mild solution of bleach. First, test to se Wevafte material or surface is color safe. Porous materials, such as fabric,
for leaks promptly. Inspé Take notice of a sughly clean the affected area with a mild solution of bleach. First, test to se Wevafte material or surface is color safe. Porous materials, such as fabric, 3 al) filférs that may assist in effective air filtration and dehumidifiers to maintain Imidity levels are available at additional cost from numerous vendors.
Whether or nofé ag Sxperiences mold growth depends largely on how it is maintained. The Builder has not made, @ g avitedNnor does it intend to make, create or invite) any warranty or any other expectancy, either express Oc implied egard to any mold or other biological impurities. The Owner understands and agrees that the der is not responsible, and hereby disclaims any liability for, any damages (whether actual, special, incidental or guential), or\for any injury, illness or allergic reactions (including, but not limited to, any personal injury) which the Qwner, orAhe’ Owner's family members or invitees may experience as a result of mold, mildew, fungus, spores, chemisals “or bjelogical impurities, including, but not limited to, property damage, personal injury, loss of income, atdistress, death, loss of use, loss of value, and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner (for themselves 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,
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 1/2011 (New Residence Construction Contract — Contract of Sale) Home Builders Association of Greater Dallas Form B-7 bce cece Se nee Page 40f 5 i eae y cc smMunee tne a. pisses 2 eceruna Et abe WU ER cde daniel tn letb data ow trinent § scobnfbewinlllde Seacsburnisibfaodestedabld dil dtildwsebdibiiads da PRE GDEE Kak ARTUR EEUE Gb iss Lane bade bvarbibrcabstenenn ni 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
ty. 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.
1 10, By execution of this Agreement, (i) Owner acknowledges that the Improvements have been gemplatey in accordance with the contract between Owner and Builder or that any discrepancies or differences ‘Rave b approved and accepted by Owner and (ii) Owner has accepted the Property and Improvements and bere Builder from all claims and liabilitles relating to the Property or Improvements except for Builder's opli under the express Limited Warranty.
11. Owner and Builder agree, acknowledge and stipulate that, except as othenwit yided keréin, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their fe g, 6xecutors, officers, directors, shareholders, representatives, successors and assigns.
BUILDER: SZ LP.
© a Texas limited partnership WS Bloomfield Properties, Inc.
a Texas corporation, its General Partner Address: 1050 E Hwy 114, Suite 210 Southlake, TX 76092 RESTRICTIVE COVENANT AND AGREEMENT - PAGE 4 of 5 Revised 1/2014 (New Residence Construction Contract - Contract of Sale) Home Builders Association of Greater Dallas Form B-7 Page 5 of 5 THE STATE OF Texal Harri COUNTY OF 555 § 13 day of February, This instrument was acknowledged before me on the NetREIT Model Homes, LLC. by Steve Hightowe, Excentive Vice President 2018 by OTARY PUBL NANCY M. DAVIS Notary Public, State of Texas Comm. Expires 06-02-2021 Notary ID 10876028 Notary Public, State of Texas Personalized Notary Seal THE STATE OF TEXAS
ive Vice President 2018 by OTARY PUBL NANCY M. DAVIS Notary Public, State of Texas Comm. Expires 06-02-2021 Notary ID 10876028 Notary Public, State of Texas Personalized Notary Seal THE STATE OF TEXAS COUNTY OF Jumat.
§ § § This instrument was acknowledged before me on the Stephen Scomadi entity.
1 GINA HICKMAN NOTARY PUBL Notary Public, State of Texas Personalized Notary Se STATE OF TEXAS AFTER RECORDING, RETURN TO: Comm. Expires 09-26-2019 Notary ID Feb 2018 by of Bloomfield Homes, Inc., on behalf of said Notary Public, State of Texas Unoffici Shidomen Bloomfield Homes, LP.
1050 E Hwy 114, Suite 210 Southlake, Texas 76092 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 5 of 5 (New Residence Construction Contract - Contract of Sale) Home Builders Association of Greater Dallas Form B-7 Revised 1/2011