SLezgreoza Electronically Recorded = ‘2!rant County Texas Official Public Records 2009 Jul 14 11:45 AM Fee: $ 40.00 D2091 8731 5 Phejennas Vinlerne) Submiter: LANDATA Pages SST NEY 091 36[22¢f [DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (hereinafter “Declafation”) is made by MHI PARTNERSHIP, LTD. (hereinafter “Declarant”’), a Texas limited ship, as follows: RECITALS A. Property Address: 10020 Chrysalis Drive Fort Worth, TX 76131 (hereinafter “Property,” consi of the zea improvements thereon).
property and all B. Seller: MHI Partnership, L (hereinafter “Seller”).
€: Buyers(s): D. Legal Description: : Worth, Tarrant County, Texas.
aBie lot, block, subdivision, section and county).
BE. Closing Date: fakes this Declaration for the purpose of subjecting the Property to one or estrictive covenants as more particularly described below. Buyer joins herein ¥ to evidence Buyer’s acceptance of the Property subject to this Declaration and Buyer’s agreement to the terms and conditions hereof.
NOW, THEREFORE, Declarant hereby subjects the Property to the covenants, conditions and restrictions more particularly described below.
9/01/07 Declaration of Restrictive Covenants Page 1 of 7 DECLARATION 1. Recitals. The Recitals set forth above are incorporated herein as a substantive part of this Declaration.
2. Successors and Assigns; Covenants Running with the Property. The benefits of this Declaration shall inure to the benefit of the parties and their respective successors and assigns (including any future owner or occupier of the Property), and the burdens and obl, (including any future owner or occupier of the Property), and shall be deemed to & that run with the Property. For purposes of this Declaration, the term “Holder” str
operty), and the burdens and obl, (including any future owner or occupier of the Property), and shall be deemed to & that run with the Property. For purposes of this Declaration, the term “Holder” str € of no further force or effect, are in progress at the time of its as to the proceedings in progress at Covenant Period, this Declaration shall automatica except as to arbitration and/or legal proceedings the expiration of the Covenant Period yfdl tHe cOpcluded by the entry of a final, nonappealable arbitration award or judgment. ding the foregoing, if Declarant, Seller or an. affiliate of them becomes the holds e to the Property, this Declaration shall automatically terminate and be reer effect as to Declarant, Seller, such affiliate, or the Property.
SOUT OF OR RELATING TO THE CONTRACT, THE RELATING DIRECTLY OR INDIRECTLY TO THE SE, CONSTRUCTION OR REPAIR OF THE HOME AND , DEVELOPERS, SUBCONTRACTORS, MATERIALMEN, SUPPLIERS, URERS OR OTHER THIRD PARTIES JOINED IN ACCORDANCE WITH GRAPH 25.E OF THE CONTRACT OR PARAGRAPH 4.E HEREOF, SHALL BE SETTLED BY BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT, 9 US.C., § 1, ET SEQ. HOLDER IRREVOCABLY ACKNOWLEDGES AND AGREES THAT THE TRANSACTION MADE THE BASIS OF THE CONTRACT INVOLVED AND AFFECTED INTERSTATE COMMERCE.
9/01/07 Declaration of Restrictive Covenants Page 2 of 7 B. ARBITRATION OF CONSTRUCTION DEFECT DISPUTES. THE PROPERTY IS SUBJECT TO THE TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT, TEX. PROP. CODE ANN. § 401.001, ET SEQ. (AS AMENDED) (THE “ACT”), IF THE DISPUTE IS FOR ONLY (1) ONE (1) OR MORE ALLEGED “CONSTRUCTION DEFECTS” (AS DEFINED BY THE ACT), (Il) THE CLAIMANT(S) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER THE ACT, AND (IID) THE CLAIMANT(S) ASSERTS NO OTHER
ED “CONSTRUCTION DEFECTS” (AS DEFINED BY THE ACT), (Il) THE CLAIMANT(S) SEEKS ONLY THOSE REMEDIES APPLICABLE TO CONSTRUCTION DEFECTS AVAILABLE UNDER THE ACT, AND (IID) THE CLAIMANT(S) ASSERTS NO OTHER CLAIMS AND SEEKS NO OTHER REMEDIES APART FROM (1) AND (I),A7HEN THE ARBITRATION SHALL BE CONDUCTED AND ADMINISTE IN ACCORDANCE WITH THE BUILDER LIMITED WARRANTY (AS DEFI HE CONTRACT).
Cc, ARBITRATION OF ALL OTHER DISPUTES. IN ALD ARE NOT GOVERNED BY SUBPARAGRAPH 4.B ABOVE CLUDL WITHOUT LIMITATION, ALL INSTANCES WHERE CONSTRUCTION ff eet RAIMS ARE JOINED WITH OTHER CLAIMS), THE ARBITRATI , BE-ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATI ) EN ACCORDANCE WITH ITS CONSTRUCTION INDUSTRY ON RULES (AS SUPPLEMENTED BY AAA SUPPLEMENTA PR S FOR CONSUMERRELATED DISPUTES, WHERE APPLICAB EF AT THE TIME THE DEMAND FOR ARBITRATION IS FILED. FAST TRACK PROCEDURES SHALL APPLY ONLY UPON THE FU. ITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION PROC CH D. GENERAL PROVISI A REASONABLE TIME AFTER THE CONTROVERSY HAS ,ARI ARTY REQUESTING RELIEF SHALL FILE A WRITTEN DEMAND} RATION AND PAY APPLICABLE FILING THE ARBITRA ING SHALL BE CONDUCTED IN THE.
KHERE THE PROPERTY IS LOCATED, UNLESS PARTIES. IN ALL INSTANCES, THE PARTIES 4RBITRATOR, BUT IN THE EVENT THE PARTIES HALL BE THREE (3) NEUTRAL ARBITRATORS UBMITTED TO A SINGLE ARBITRATOR AND THE PARTIES 4S TO THE SELECTION OF SUCH ARBITRATOR, THEN THERE SEE (3) NEUTRAL ARBITRATORS APPOINTED IN ACCORDANCE LICABLE ARBITRATION RULES, WITH THE COST OF THE TWO APPLICABLE ARBITRATION RULES MANDATE OTHERWISE, ALL ARBITRATORS SHALL BE ATTORNEYS AT LAW, LICENSED TO PRACTICE IN THE STATE OF TEXAS, WITH SUBSTANTIAL EXPERIENCE IN THE SINGLE FAMILY RESIDENTIAL CONSTRUCTION INDUSTRY. IF THERE IS ONLY ONE (1)
ISE, ALL ARBITRATORS SHALL BE ATTORNEYS AT LAW, LICENSED TO PRACTICE IN THE STATE OF TEXAS, WITH SUBSTANTIAL EXPERIENCE IN THE SINGLE FAMILY RESIDENTIAL CONSTRUCTION INDUSTRY. IF THERE IS ONLY ONE (1) ARBITRATOR, HIS CONCLUSIONS SHALL BE BINDING AND CONCLUSIVE ON THE PARTIES. IF THERE ARE THREE (3) ARBITRATORS, THE DECISION OF ANY TWO (2) SHALL BE BINDING AND CONCLUSIVE. COSTS OF ARBITRATION 9/01/07 Declaration of Restrictive Covenants Page 3 of 7 SHALL BE ALLOCATED BETWEEN OR AMONG THE PARTIES AS PROVIDED BY THE APPLICABLE ARBITRATION RULES, OR IN THE ABSENCE OR INAPPLICABILITY OF SUCH RULES, AS DETERMINED BY THE ARBITRATOR(S).
IF ANY PARTY COMMENCES LITIGATION IN VIOLATION OF THIS DECLARATION, OR FAILS OR REFUSES TO TIMELY SUBMIT TO ARBITRATION IN ACCORDANCE WITH THIS CONTRACT, SUCH PARTY SHALL REIMBURSE THE OTHER PARTY FOR THE COSTS AND EXPENSES, INCLUDING ATTORNEY'S FEES: (A) INCURRED IN SEEKING A STAY, ABATEMENT OR DISMISSAL OF SUCH LITIGATION; OR (B) INCURRED IN JUDICIALLY COMPR ARBITRATION. THE FOREGOING DOES NOT PRECLUDE A PARTY.KROM SEEKING EMERGENCY RELIEF FROM A COURT OF PE CONTAINED HEREIN.
E. JOINDER: THE PARTIES AGREE TH. JOIN IN ANY ARBITRATION PROCEEDING CONDUCTED HE DE 2 OR MORE OF SELLER’S SUBCONTRACTORS, SPECIALTY T TORS, MATERIAL SUPPLIERS, ENGINEERS, DESIGNERS ANRQ/OR HER PERSONS OR ENTITIES (COLLECTIVELY WHETHER OR RE “THIRD-PARTY”) WHERE: (A) THE SERVICES PROVIDED, W. PERFORMED OR MATERIALS SUPPLIED BY SUCH THIRD-PARTY E BASIS, DIRECTLY OR INDIRECTLY, IN WHOLE OR P. O IMS MADE THE SUBJECT OF THE ARBITRATION PROCEEDING; @ IRD-PARTY IS SUBSTANTIALLY INVOLVED IN A COMMON Q FACT OR LAW; OR (C) THE PRESENCE OF SUCH TH AR EQUIRED TO ACCORD THE PARTIES COMPLETE RELIEF IN THY/A F, LT HOLDER ACKNOWLEDGES AND AGREES ANCIAL CAPACITY TO AVAIL ITSELF OF THE
INVOLVED IN A COMMON Q FACT OR LAW; OR (C) THE PRESENCE OF SUCH TH AR EQUIRED TO ACCORD THE PARTIES COMPLETE RELIEF IN THY/A F, LT HOLDER ACKNOWLEDGES AND AGREES ANCIAL CAPACITY TO AVAIL ITSELF OF THE ARBITRATION RE OVIDED HEREIN AND THAT PARTICIPATION IN ARBITRATION ONSTITUTE A FINANCIAL HARDSHIP.
5 JURY TRIAL: THE PARTIES AGREE THAT IF ANY CLAIM TRIED IN A COURT OF LAW, WHETHER BY MUTUAL BPARTIES OR FOR OTHER REASONS, EACH PARTY AGREES TO TS WITH RESPECT TO TRIAL BY JURY. HOLDER ACKNOWLEDGES BY WAIVES VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO OURT OF LAW AND THE RIGHT TO TRIAL BY JURY.
6. Attorneys’ Fees. If Seller is a prevailing party in any legal or arbitration proceeding arising out of or relating, directly or indirectly, to the Contract, the sale, conveyance, construction or repair of the home which is the subject of this Contract and/or the Property, Seller shall be entitled to recover from Holder, Holder’s successors, assigns and subrogating parties, all costs of such proceeding, investigative costs, expert fees, reasonable attorneys’ fees and other related costs and expenses. Seller shall be considered a prevailing party in any 9/01/07 Declaration of Restrictive Covenants Page 4 of 7 proceeding in which Seller successfully prosecutes the action or successfully defends against it, as well as in any proceeding subject in whole or in part to the Texas Deceptive Trade Practices-Consumer Protection Act, TEX. BUS. & COMM. CODE ANN. § 17.41, et seg. ("DTPA") and/or the Texas Residential Construction Liability Act, TEX. PROP. CODE ANN. § 27.001, ef seg.
("RCLA"), where a determination is made: (i) pursuant to DTPA Section 17.5052 that a settlement offer made is the same as, substantially the same as, or more than the damages found
. § 27.001, ef seg.
("RCLA"), where a determination is made: (i) pursuant to DTPA Section 17.5052 that a settlement offer made is the same as, substantially the same as, or more than the damages found by the trier of fact; or (ii) pursuant to RCLA Section 27.004 that the Buyer rejected a reasonable settlement offer or that Seller was not given a reasonable opportunity to repair thy, defect pursuant to an accepted offer of settlement; or (iii) that the Holder rejected offered work.
(a) Invalidity. If any portion of this Declaration is held invalid or’ *Gersi) thefi so far as is reasonable and possible, the remainder of this Declaration shel] _béndsemed valid and operative, and effect shall be given to the intent manifested by the { oD invalid or inoperative. The failure of either party to enforce against the a or provision of this Declaration shall be deemed not to be a waiver of suc Oo enforce against the other party the same or any other term or provision.
7. Miscellaneous.
(b) Governing Law. This Declaratio ll be gov€rned by and construed in accordance with the laws of the State of Texas (exce construction and enforcement of the foregoing arbitration provisions, which shall be e laws of the United States).
(c) Counterparts. This pate a €cuted in multiple counterparts, each of which shall constitute an original and at-9 hen taken together shall constitute one instrument.
(d) Attorne successors, assigns and and litigation expenses i ainder of page blank. Executions appear on the following page.)
9/01/07 Declaration of Restrictive Covenants Page 5 of 7 IN WITNESS WHEREOF, this Declaration of Restrictive Covenants has been executed to be effective as of the Closing Date stated above.
DECLARANT: MHI Partnership, LTD., a Texas limited partnership,
of 7 IN WITNESS WHEREOF, this Declaration of Restrictive Covenants has been executed to be effective as of the Closing Date stated above.
DECLARANT: MHI Partnership, LTD., a Texas limited partnership, By: |McGuyer Homebuilders, Inc., a Texas corporation, By: Name: Title: ACCEP ND AGREED: SS Debra Slane 9/01/07 Declaration of Restrictive Covenants Page 6 of 7 STATE OF TEXAS § COUNTY OE Datas § is inst t was acknowledged before me on by , Closing Ager f a Texas corporatton and general partner of MHI Partngfship, Ltd / ¢ on behalf of said entities.
STATE OF TEXAS _§ COUNTY OF ar wy wen y, ie A ORDATION RET RIGINAL TO: Ray Holan McGuyer Homebuilders, Inc.
7676 Woodway, Suite 104 Houston, Texas 77063 9/01/07 Declaration of Restrictive Covenants Page 7 of 7