ssecorg0cd File Saint 2) STM ede OMANI R orice se Official Public Recgrds 2006 Dec 21 03:30 PM D206403355 Fee: $ 36.00 Fhigenma/ Minhozey,) Submitter: LANDATA 6 Pages RESTRI NANT AND AGREEMENT ra This es Covenant and wo (this “Agreement”) is made this Bo. day of A se Abs by and between OWN [name] of —— ee [address] (hereinafter referred to as “Owner”, whether one or more) and HMH Lifestyles, L.P, of, 6815 Manhattan Blvd., Suite rT Fort Worth, Texas 76120 (hereinafter referred to as “Builder” "y.
RECITALS Fe vth (the “Property”), and more partiguiz follows: Block Y S. t A County, Texas, and a eS ae om mn lé WHEREAS, the undersigned acknowledge that it is the policy of the State of Texas through alternative dispute resolution procedures; and pRivernent nding but not limited to, all implied at this Agreement SHALL RUN WITH THE LAND.
ich is hereby acknowledged, the undersigned hereby acknowledge, agree and stipulate the following: e ¢ i The Parties specifically agree that any disput arranty, tort, statutory or otherwise) (the “Dispute”), under, or related to, any contract and any amendments thereto between’ Builder and Owner, the Property or Improveme p etween the Owner and Builder; (b) any controversy, dispute or claim arising by virtue of any ieee omissiogs, Aratnisgs Arranties alleged to have been made by Builder or Builder’s representative; and (c) any personal injury or prop ett» damab ave been sustained by Owner on the Property or in the subdivision, ex}ed dising shall thereafter be submitted to binding arbitration as provided by the 5 ar state statute, and not by or in a court of law. All decisions respecting atgr. The arbitrator shall have the right to award reasonable attorneys’ fees and
o binding arbitration as provided by the 5 ar state statute, and not by or in a court of law. All decisions respecting atgr. The arbitrator shall have the right to award reasonable attorneys’ fees and e mediation and, if necessary, the arbitration shall be conducted pursuant to If there is any conflict between this Agreement and such procedures, the the mediator and/or arbitrator designated in any applicable warranty documents Phe parties shall be entitled to conduct reasonable and necessary discovery; The arbitrator shail render a written award and, if requested by any party, a reasoned award; f: 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.
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 to Owner. The waiver or invalidity of any portion of this Agreement shall not affect the validity or enforceability 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 resolved as set forth herein and not in a court of law; and (2) that Builder shall have the option to include its subcontractors and suppliers as parties in the mediation and arbitration.
nts shall be resolved as set forth herein and not in a court of law; and (2) that Builder shall have the option to include its subcontractors and suppliers as parties in the mediation and arbitration.
If Owner or Builder file a proceeding in any court to resolve any such controversy, dispute or claim, such action shall not constitute a waiver 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 shall, upon motion of any party to the proceeding, direct that such controversy, dispute or claim be arbitrated in accordance herewith.
inasmuch 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.
2. OWNER AND BUILDER ACKNOWLEDGE THAT THE RESIDENTIAL CONSTRUCTION LIABILITY ACT (the APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION DEFB CONNECTION WITH THE IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THE RCLA CONTAINS# TO EXPEDITE THE RESOLUTION OF CLAIMS. OWNER AND BUILDER ALSO ACKNOWLEDGE AND AGREE THA FOR WARRANTY PERFORMANCE SHALL NOT BE CONSTRUED AS A NOTICE OF CONSTRUCTION DEFECT YNDE AND THAT ANY NOTICE UNDER THE RCLA SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNE THE RCLA AND ANY OTHER LAW, JNCLUDING THE DECEPTIVE TRADE PRACTICES - CONSUMER SUBCHAPTER E, CHAPTER 17, TEXAS BUSINESS & COMMERCE CODE (the “DTPA”), AS PROVIDED BY DTPA.
3. OWNER, BY SIGNING THIS AGREEMENT, ACKNOWLEDGES THAT Hf UNDERSTANDS THE PROVISIONS CONTAINED HEREIN.
REVIEWED AND
TER E, CHAPTER 17, TEXAS BUSINESS & COMMERCE CODE (the “DTPA”), AS PROVIDED BY DTPA.
3. OWNER, BY SIGNING THIS AGREEMENT, ACKNOWLEDGES THAT Hf UNDERSTANDS THE PROVISIONS CONTAINED HEREIN.
REVIEWED AND 4. Owner hereby agrees, acknowledges and stipulates that THE ONLY EXPR A ANTY GIVEN BY BUILDER TO q , IMITED HOME WARRANTY PROVIDED BY BUILDER (the “Limited Warranty”). OWNER AGREES AND MNDERSTANO BY SIGNING THIS AGREEMENT THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER A‘ EORY OF IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND THAT ANY SUCH IMPLIED WARRA , TO THE EXTENT IT EXISTS IN TEXAS, IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED WARR& ORPORATED BY REFERENCE INTO THIS AGREEMENT. OWNER ACKNOWLEDGES THAT THE TERMS OF 8 DSWARRANTY ARE CLEAR, SPECIFIC AND SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY ncn SERUCTION WHICH BUILDER IS OBLIGATED TO MEET. OWNER ACKNOWLEDGES THAT THEY HAVE R TO DELIVER A COPY OF THE LIMITED WARRANTY TO AN ge’and stipulate that all manufacturer warranties on equipment and consumer oqnditioners, heating units, water heaters, refrigerators, ranges, dishwashers and other appliances or equipment shall be assigned%pQ ereby agrees, acknowledges and stipulates that Builder makes NO WARRANTIES OF ANY KIND, EXPRESS OR P RA ERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY TENT PERMITTED BY STATE OR FEDERAL LAW.
undesirable org ; ei en utilizing modem materials, techniques and designs, any construction project can experience a problem aitd%s i ities if proper maintenance procedures are not implemented. Such maintenance is a responsibility of anXake'positivé steps to reduce or eliminate the occwrence of mold growth in the home, and thereby minimize any possible ay becausgd by mold. These steps include the following:
is a responsibility of anXake'positivé steps to reduce or eliminate the occwrence of mold growth in the home, and thereby minimize any possible ay becausgd by mold. These steps include the following: pre bringing items into the home, check for signs of mold. Potted plants (roots and soil), furnishings, or stored gthing and bedding material, as well as many other household goods, could already contain mold growth. Once mold is sought into the home, its spores can spread to other areas of the home.
Regular vacuuming and cleaning will help reduce mold levels. Mild bleach solutions and most tile cleaners are effective in eliminating or preventing mold growth.
c. Keep the humidity in the home low. Ventilate kitchens and bathrooms by opening the windows, using exhaust fans, or tunning 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.
d. Inspect for leaks on a regular basis. Look for discolorations or wet spots. Repair any leaks promptly. {nspect condensation pans (refrigerators and air conditioners) for mold growth. Take notice of musty odors, and any visible 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 the services of a qualified professional. ‘ f. Electronic air filters that may assist in effective air filtration and dehumidifiers to maintain humidity levels are available at
owth be severe, call on the services of a qualified professional. ‘ f. 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 is not responsible, and hereby disclaims any liability for, any damages (whether actual, special, incidental or consequential) or for any injury, iliness or allergic reactions (including, but not limited to, any personat jury) which the Owner, or the Owner’s family members or invitees may experience as a result of mold, mildew, fungus, spores, chemicals or Bjoldgical impurities, including, but not limited to, property damage, personal injury, foss of income, emotional distress, death, loss of use and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Owner (for themselves and for their joint and several agents, heirs, successors, executors, and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, and ing¢ “Releasees”) of and from any and all present and future claims, demands, causes of action and damages, of whatever but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasee or otherwise) t
all present and future claims, demands, causes of action and damages, of whatever but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasee or otherwise) t way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum exte waives (and is estopped to assert) all claims to the contrary.
Owner hereby further releases, on behalf of themselves and on behalf of any insuran P , Builder from any claim for subrogation. Owner understands that if it makes a claim upon any jhsupe i ird-party for damages related to mold, chemicals or biological impurities, such insurer or third-party will not be able td b subrogation of any such claims.
8. Owner and Builder agree that this Agreement shall be filed of which the Property is located.
9. Owner and Builder further stipulate that this Agreement SHA 10. By execution of this Agreement, (i) Owner ack contract between Owner and Builder or that any discrepancies or dif approved and accepted by Owner and (ii) Owner has and liabilities relating to the Property or Improvements 11. Owner and Builder agree, acinowi€ie upon and inure to the benefit of the parties successors and assigns.
OWNER Address: LDER: HMH Lifestyles, L.P.
By: Printed Name: its: Address: 6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 STATE OF TEXAS —T a COUNTY oF _/, § instrument was acknowledged before me on the ft day of f) ae . 20 Os by tn ae Notary Public, State of Texas MARY HELEN HERNANDEZ Notary Public J STATE OF TEXAS My Gomm. Exp. 07/20/2008 STATE OF TEXAS § § COUNTY OF 8 This instrument was acknowledged before me op by (Owner).
© sary Public, State of Texas Personalized Notary Seal \S THE STATE OF TEXAS 3 SH COUNTY OF
mm. Exp. 07/20/2008 STATE OF TEXAS § § COUNTY OF 8 This instrument was acknowledged before me op by (Owner).
© sary Public, State of Texas Personalized Notary Seal \S THE STATE OF TEXAS 3 SH COUNTY OF This instrument ejfed before me on the day of + 20 by [n [title] of HMH Lifestyles, L.P, , on behalf of said entity.
Notary Public, State of Texas Personalized AFTER RECQR ; RETURN TO: History Maker Homes, LLC 6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 4 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 the services of a qualified professional.
f. Electronic air filters that may assist in effective air fittration 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, including, but not limited to, property damage; personal injury, loss of income, exictional distress, death, loss of usd and adverse health effects, or any other effects. For Fifty Dollars ($50. 0} and other good and valuable consideration, the recg and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, and j “Releasees”) of and from any and alt present and future claims, demands, causes of action and damages, of whatever st
all of its officers, shareholders, directors, employees, agents, affiliates, and j “Releasees”) of and from any and alt present and future claims, demands, causes of action and damages, of whatever st but not limited to, any claim for personal i injury, whether resulting from the eens ofa Releasee or otherwjse}th waives {and is estopped to assert) all claims to the contrary.
Owner hereby further releases, on behalf of themselves and on behalf of any é igh Builder from any claim for subrogation. Owner understands that if it makes a claim upon an ivd<Party for damages related ement or damages from Builder.
Owner agrees to not assign any of their rights to any insurer or third party. Owner agrégs i pny and all insurers waivers of subrogation of any such claims, 8. Owner and Builder agree that this Agreement shal! be filed o jn the appropriate real property records of the County in which the Property is located.
9. Owner and Builder further stipulate that this Agreement S!
10. By execution of this Agreement, (1) Owner actkeon e e Isprovements have been completed in accordance with the contract between Owner and Builder or that any afescepemates or differ d gen approved and accepted by Owner and (ii) Owner has and liabilities relating to the Property or Improvements TI. Owner and Builder agree, ackn upon and inure to the benefit of the parti successors and assigns.
OWNER Address: UILDER: HMH Lifestytes, LP.
Printed Narne: v ° Address: 6815 ESCLOW Coprdinator Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT ~ PAGE 3 of 4 STATE OF TEXAS § county oF /ZZALQ § Notary Public, State of Texas MARY HELEN HERNANDEZ Notary Public é STATE OF TEXAS My Comm. Exp. 07/20/2008 STATE OF TEXAS § 8 COUNTY OF § This instrament was acknowledged before me by (Owner).
ZZALQ § Notary Public, State of Texas MARY HELEN HERNANDEZ Notary Public é STATE OF TEXAS My Comm. Exp. 07/20/2008 STATE OF TEXAS § 8 COUNTY OF § This instrament was acknowledged before me by (Owner).
© Stary Public, State of Texas Personalized Notary Seal \S ‘THE STATE OF TEXAS § SH COUNTY OF _T72/27/F 1 This bel Jen Stl [ditle] of HMH Lifestyles, L.P. , on behalf of said entity.
RT RR eg, Ri Yee JANET R. LEWIS Notary Public, State of Texas ly Commission Expires July 08, 2007 Hes gees i Citive tie ULE BETES aw 6815 Manhattan Blyd., Suite 400 Fort Worth, TX 76120 : RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 4 of 4