7807878070 Electronically Recorded = ‘2!ant County Texas Official Public Records 2008 Jul 21 10:16 AM Fee: $ 28.00 D208282082 Ffigenma/ Minhoze,) Submitter: LANDATA 4 Pages Suzanne Henderso SINT] 10501423 ) 13/27 RESTRICTIVE COVENANT AND AGREEMEN | [address] (hereinafter referred to zs 5 “Owner”, whether one or mbt Lifestvies, LP. of 6815 ih Iyd. ite 400, Fort Wi T 76120 (hereinafter referred to as “Builder”.
RECITALS WHEREAS, the undersigned acknowledge that it is the policy of the through alternative dispute resolution procedures; and ¢ all implicd warranties given by, through or ents”), including but not limited to, ail implied gt this AgrecmmentSHALL RUN WITH THE LAND.
under Builder relating to the construction of all improvements on jhe Progert warranties of good and workmantike constuction and habitabili 1. The parties “ay and all pe de contract, warranty, tort, statutory or otherwise) (the “Dispute”, g@aims arising-under, or related ta, any contract and any amendments apy dealings between the Owner and Builder, (b) any controversy, dispute prorfiises or warranties alleged to-have been made by Builder or Builder’s leged to have been sustained by Owner on the Property or in the subdivision, diation, shall thereafter be submitted to binding arbitration as provided by the thereto between Builder and Owner, the Breeeaeeat or claim arising by virtue of any represpgtd representative; and (c) any personal injug shall first be submitted to mediation and the arbitrability of any Dispute shali be dod b gybitrator. The arbitrator shall have the right to eward reasonable attorneys’ fees and expenses, including those incurred ip jatiots iati i itrati any procedurcs sct forth in the g provisions of this Agreement shp cannot conduct the mediation org Association (*AAA”) in g
rneys’ fees and expenses, including those incurred ip jatiots iati i itrati any procedurcs sct forth in the g provisions of this Agreement shp cannot conduct the mediation org Association (*AAA”) in g binding arbitration P resolved by médj ermore, if the mediator and/or arbitrator designated in any applicable warranty. documents amy reason, then the mediation and arbitration shail be conducted by the American Arbitration é-dbove, the parties apree to work together in good faith to select 2 mediator and, if all disputes are not ia the county where the subject Property is located. If the parties are unable to agree on the appointment of a apy may petition a court of general jurisdiction in the subject county to appoint a mediator and/or arbitretor.
¢ filing of a petition requesting appointment of a mediator and/or arbitrator shall not constitute a waiver of the on.
Al paler: Federal and State law ee Chapter 27 of the Texas Property Code) shall apply; 4f] applicable claims, camses of action, remedies and defenses that would be available in court shall apply; @ proceeding shal] be conducted by a single arbitrator selected by a process designed to ensure the neutrality of the arbitrator, a The parties shall be entitled to conduct reasonabie and necessary discovery; a The arbitrator shall render a written award and, if requested by any party, a reasonedaward; £ The Owner shall not be required to pay any unreasonable costs, expenses or arbitrator’s fees and the arbitrator shall have the right to apportion the cost of any such items ‘in an equitable manner in the arbitration award; and g. Any award rendered in the proceeding shall be final and binding and judgment upon any such award may be entered in any court having jurisdiction. :
an equitable manner in the arbitration award; and g. Any award rendered in the proceeding shall be final and binding and judgment upon any such award may be entered in any court having jurisdiction. : Owner and Builder agree that notwithstanding anything to the contrary, the rights and obligations set forth in this Agreement shall survive the closing of the sale of the Property and/or Improvements from Builder ta Owner. The waiver or invalidity of any portion of this Agreement shal! not affect the validity or caferosebllity of the remaining portions of this Agreement. Owner and Builder further agree-(1) that RESTRICTIVE COVENANT AND AGREEMENT — PAGE 1 of 4 any Dispute involving Builder's directors, officers, employees and agents shall be resolyed-as-set forth-herein and not in a court of law; and @ If Owner or Builder file a proceeding in any courtto_sesoive any such controversy, dispute or claim, such action shal] not constitute-swaiver of the right of such party or a bar to the right of any other party to seek arbitration of that or any other claim, dispute or controversy, .and the court shal!, upon motion of any party to the-preceeding, direct that such controversy, dispute or claim be arbitrated in accordance herewith.
Inasrouch as this Agreement provides for mandatory arbitration of Disputes, if any party commences litigation in violation of this Agreement, such party shall reimburse the other parties to the litigation for their costs and expenses including attomeys’ fees incurred in seeking abatement of such litigation and enforcement of arbitration.
CONNECTION WITH THE IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RCLA CONTA
nd expenses including attomeys’ fees incurred in seeking abatement of such litigation and enforcement of arbitration.
CONNECTION WITH THE IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RCLA CONTA AND THAT ANY NOTICE UNDER THE RCLA SHALL BE SEPARATELY SENT TO BUILDER IN THE MA RCLA. OWNER AND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS TO THE EXTENT OF & THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE PRACTICES - CONS DTPA.
3. OWNER, BY SIGNING THIS AGREEMENT, ACKNOWLEDGES UNDERSTANDS THE PROVISIONS CONTAINED HEREIN.
4. Owner hereby agrees, acknowledges and stipulates that THE ONLY OWNER RELATING TO THE PROPERTY AND/OR IMPROVEMENTS IS THAT PROVIDED BY BUILDER (the “Limited Warranty”). OWNER AGREES A}fR UNDER THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER P WORKMANLIKE CONSTRUCTION AND THAT ANY SUCH IMPLIED WARRANTY, TO THE EXTENT IT EXISTS IN TEXAS, IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED WARRA AGREEMENT, OWNER ACKNOWLEDGES THAT THE-TERMS A] DIMI SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY SANE SNSYRUCTICN WHICH BUILDER IS OBLIGATED TO MEET. OWNER ACKNOWLEDGES THAT THEY HA’ SUCH WARRANTY, AND OWNER AGREES TO DELIVER.A COPY OF THE LIMITED WARRANTY TO AX p GIVEN BY BUILDER TO LIMITED HOME WARRANTY BY SIGNING THIS AGREEMENT 5. In the event that the reasonable cost Improvements that are the responsibility of Buj without reference to the construction defe: Property Code. This right of election shall Property from Builder to Owner and shall & thovfien current fair market value of the Improvements, as determined epurchase the Property in accordance with Section 27.004 of the Texas e Contract between Owner and Builder and the detivery of the deed to the édge and stipulate that all manufacturer warranties on equipment and consumer
ty in accordance with Section 27.004 of the Texas e Contract between Owner and Builder and the detivery of the deed to the édge and stipulate that all manufacturer warranties on equipment and consumer air conditioners, heating units, water heaters; refrigerators, ranges, dishwashers and other . ner hereby agrees, acknowledges and stipulates tha Builder makes NO WARRANTIES.
QNCERNING SUCH EQUIPMENT OR CONSUMER PRODUCTS AND EXPRESSLY SF MERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY EXTENT PERMITTED BY STATE OR FEDERAL LAW.
‘sonable care in assuring that the Property and Improvements are free of harmful molds and other en utilizing modem materials, techniques and designs, any construction project can experience a problem fmpurities if proper maintenance procedures are not implemented. Such maintenance is a responsibility of Befare bringing items into the home, check for signs of mold. Potted plants {roots and soil), furnishings, or stored clothing and bedding material, as well as many other household goods, could already contain mold growth. Once mold is brought into the home, its spores can spread to other areas of the home.
Regular vacuuming and cleaning will help reduce mold jevels. Mild bleach solutions and most tile cleaners are effective in eliminating or preventing mold growth.
. Kéep the humidity in the-home low. Ventilate kitchens and bathrooms by opening the windows, using exhaust fans, or running the air conditioning-to remove excess moisture in the air. Promptly clean up and dry spills, condensation and other sources of moisture, Promptly replace any materials that cannot be thoroughly dried, such as drywall or insulation.
ad Inspect for leaks on-a regular basis. Look for discolorations or wet spots. Repair any leaks promptly. Inspect
replace any materials that cannot be thoroughly dried, such as drywall or insulation.
ad Inspect for leaks on-a regular basis. Look for discolorations or wet spots. Repair any leaks promptly. Inspect condensatin pans. (reitigeratorsand-air conditioners)-for mold growth. Take notice of musty odors, and any visibie signs of mold.
RESTRICTIVE COVENANT AND AGREEMENT — PAGE 2 of 4 e, Should mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test to see if the affected material or surface is color safe. Porous materials, such as fabric, upholstery-or carpet-should-be-discarded, Should the mold growth be severe, call on he services of a qualified professional.
£ Electronic air filters that may assist in effective air filtration and dehumidifiers to maintain humidity levels are available at additional cost from numerous vendors.
Whether or not a home experiences mold growth depends largely on how it is maintained. The Builder has not made, created or invited (nor does it intend to make, create or invite) any warranty or any other expectancy, either express or implied, in regard to any mold or other biological impurities. The Owner understands and agrees that the Builder i is not responsible, and hereby disclaims any liability for, any damag: (whether atti including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, toss 9; and adverse health effects, or any other effects. For Fifty Doilars ($50.00) and other good and valuable consideration, the r of which is hereby acknowledged, Owner (for themselves and for their joint and several agents, heirs, successors, execy and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, andji
themselves and for their joint and several agents, heirs, successors, execy and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, andji “Releasees”) of and from any and ali present and future claims, dernands, causes of action and damages, of whate but not limited to, any claim for personal injury, whether resulting from the negligence of a Releases or othepwi way relates to the presence of mold, chemicais or biological impurities at the Property. To the maximum pate waives (and is estopped to assert) all claims to the contrary.
Owner hereby further releases, on behalf of themselves and on behalf of any ins: Builder from any claim for subrogation. Owner understands that if it makes 2 claim upo!
to mold, chemicals or biological impurities, such insurer or third-party will not be abl Owner agrees to not assign any of their rights to any insurer or third party, Owner subrogation of any such claims.
ar-thirdparty for damages related ement or damages from Builder.
m any and all insurers waivers of 8. Owner and Builder agree that this Agreement shall be fled in the appropriate real property records of the County in which the Property is located.
9. Owner and Builder-forther stipulate tirat this Agreement 2 THE LAND.
10. By execution of this Agreement, (f) Owner contract between Owner and Builder or that any discrepancies d accepted the Property and improvements and hereby releasgs- Buj 11. Owner and Builder agree, a Be 3 ipulgte fhat, except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the p esfective heirs, executors, officers, directors, shareholders, representatives, successors and assigns.
OWNER Address: BUILDER: HMH Lifestyles. L.P.
By: Printed Name: its:
nure to the benefit of the p esfective heirs, executors, officers, directors, shareholders, representatives, successors and assigns.
OWNER Address: BUILDER: HMH Lifestyles. L.P.
By: Printed Name: its: Address; 6815 Manhattan Bivd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 STATE OF TEXAS § § COUNTY o- Twit § ne a Zz is frument was acknowledged before me on the day of 20 by (Owner).
Personalized neal, T. BEESON is oe Notary Public, State of Texas Nees y osrese Expires arenes 6/2009 STATE OF TEXAS SONOS TAMELA J. IVY BU +] Notary Public, State of Ye ; THE STATE OF TEXAS o SH COUNTY OF QS This instrument was 2 bed before me on the day of 20. by [name [title] of HMH Lifestyles, L.P. , on behalf of said entity.
Notary Public, State of Texas Personalized History Make: es, LLC 6815 Manhattan Bivd., Suite 400 -Fort Worth, TX 76120 RP ae RESTRICTIVE COVENANT AND AGREEMENT — PAGE 4 of 4