PLL8Sz20z0 Electronically Recorded = ‘2!rant County Texas Official Public Records 2007 Jul 25 07:04 AM Fee: $ 36.00 D207258114 Ffigenma/ Minhoze,) Submitter: LANDATA 6 Pages Suzanne Henderson RESTRICTIVE COVENANT ANDAGR AGRE This Re; ee ovenant and Agreement thi Agreeme: is made > shis Za pc Ya. eee CR avian t 3 BN ame) of G4 ty re “eT CO Se 2 faddress} (hereinafter eferred to oe y Eber L.P. of 9001 Aitport Freeway, Suite 400, rorth Richland Hills, Fx. J oe as “Builder”.
RECITALS REAS, Own the cl AYE owner O21 VS tucia Roa, Po tis follows: O. Bip LO.
County, Texan, and being ane kno gwing described property situated at 2 “Property”), and more particularly described as . an Addition to the City of = DKt Worth WHEREAS, the undersigned ackno’ through altermative dispute resolution proved law, Owner desires to release all implied warranties given by, through or on the Property (the “Improvements™), including but not limited to, all implicd and further stipulates that this AgreementSHALL RUN WITH THE LAND.
representative; and (c) apy property damage alleged to have been sustained by Owner on the Property or in the subdivision, shall first be submitted not settled during mediation, shall thereafter be submitted to binding arbitration as provided by the Federal Arbitration 4 A p et seq.) or, if applicable, by similar state statute, and not by or in a court of law. All decisions respecting i a be decided by the arbitrator. The arbitrator shall have the right to award reasonable attorneys’ fees and mediation and arbitration. The mediation and, if necessary, the arbitration shall be conducted pursuant to the applicable warranty documents. If there is any conflict between this Agreement and such procedures, the
arbitration. The mediation and, if necessary, the arbitration shall be conducted pursuant to the applicable warranty documents. If there is any conflict between this Agreement and such procedures, the Sen ball control. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty documents an arbitrator in the county where the subject Property is located. If the parties are unable to agree on the appointment of a ator, either party may petition a court of general jurisdiction in the subject county to appoint a mediator and/or arbitrator.
right to enforc® binding arbitration.
In any arbitration proceeding between the parties: a Ali applicable Federal and State law (including Chapter 27 of the Texas Property Code) shall apply; b, All applicable claims, causes of action, remedics 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, areasoned award; t The Owner shall not be required to pay any unreasonable costs, expenscs 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
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 subcontractos 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 attorneys’ fees incurred in seeking abatement of such litigation and enforcement of arbitration.
2. OWNER AND BUILDER ACKNOWLEDGE THAT THE RESIDENTIAL CONSTRUCTION LIABILITY ACT (th APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION DE!
d enforcement of arbitration.
2. OWNER AND BUILDER ACKNOWLEDGE THAT THE RESIDENTIAL CONSTRUCTION LIABILITY ACT (th APPLIES TO CONSTRUCTION DEFECTS AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION DE!
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 A PROVIDED BY BUILDER (the “Limited Warranty”). OWNER AGREES Ali THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER A MEET. OWNER ACKNOWLEDGES THAT THEY HAVE TO DELIVER A COPY OF THE LIMITED WARRANTY TO 5. In the event that the reasonable cost ay Improvements that are the responsibility of Bui without reference to the construction defect(s 6. Owner and Builder products incorporated into the Improve appliances or equipment shall be assign¢ edge and stipulate that all manufacturer warranties on equipment and consumer onditioners, heating units, water heaters, refrigerators, ranges, dishwashers and other fner hereby agrees, acknowledges and stipuhtes that Builder makes NO WARRANTIES DISCLAIMS ALL IMPLIED B RCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES TO ‘TIEXTENT PERMITTED BY STATE OR FEDERAL LAW.
edsonable care in assuring that the Property and Improvements are free of harmful molds and other 7. Build Q isff byen utilizing modem materials, techniques and designs, any construction project can experience a problem Before 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.
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.
b. 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 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.
d. Inspect for leaks on a regular basis. Look for discolorations or wet spots. Repair any leaks promptly. Inspect 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 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
. 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 but not limited to, any claim for personal injury, whether resulting from the eal eee of a Releasee or othe way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum exté waives (and is estopped to assert) all claims to the contrary.
subrogation of any such claims.
8. Owner and Builder agree that this Agreement shall be filed o which the Property is located.
9. Owner and Builder further stipulate that this Agreement SHAE pt THE LAND.
10. By execution of this Agreement, (i) Owner ackoo’ é aprovements have been completed in accordance with the contract between Owner and Builder or that any discrepancies or 3 a nei een approved and accepted by Owner and (ii) Owner has accepted the Property and Improvements and hereby Teleases ms and liabilities relating to the Property or Improvements 11. Owner and Builder agree, acl upon and inure to the benefit of the parti successors and assigns.
At, except as otherwise provided herein, this Agreement shall be binding ive heirs, executors, officers, directors, shareholders, representatives, Rp OWNER Address: St : UILDER: HMB Lifestyles, L.P.
By: Printed Name: Its: Address: 9001 Airport Freeway Suite 400 North Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 3 of 4 e Should mold develop, thoroughly clean the affected area with a mild solution of bleach, First, test to see if the affected
Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 3 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, calf 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 iargely 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 bigiggical impurities. The Owner understands and agrees that the Builder is not responsible, and hereby disclaims any liability for, any damages hether actual, special, incidental or consequential) or for any injury, illness or allergic reactions (including, but not limited to, any personal ipjuty which the Owner, or the Owner's family members or invitees may experience as a result of mold, mildew, fungus, spores, chemiggts 0} iologi impurities, including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, toss of se and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the yetei of which is hereby acknowledged, Owner (for themselves and for their joint and several agents, heirs, successors, executon and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, and
themselves and for their joint and several agents, heirs, successors, executon and assigns) hereby releases Builder and all of its officers, shareholders, directors, employees, agents, affiliates, and “Releasees”) of and from any and all present and future claims, demands, causes of action and damages, of whateyer ki way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum ex waives (and is estopped to assert) all claims to the contrary.
Builder from any claim for subrogation. Owner understands that if it makes a claim upon a to mold, chemicals or biological impurities, such insurer or third-party will not be able td Owner agrees to not assign any of their rights to any insurer or third party. Owner agres subrogation of any such claims.
ent or damages from Builder.
any and all insurers waivers of 8. Owner and Builder agree that this Agreement shall be filed of reeq which the Property is located.
9. Owner and Builder further stipulate that this A, 10. By execution of this Agreement, (i) Owner ac gt, except as otherwise provided herein, this Agreement shal) be binding ective heirs, executors, officers, directors, shareholders, representatives, ll. Owner and Builder agree, ac] upon and inure to the benefit of the p successors and assigns. ”\ OWNER ‘OWNE Address: St .: dk Tx BUILDER: HMH Lifestyles, L-P.
By: Printed Name Address: 900 -Aispert CARY 4 North Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 3 of 4 STATE OF TEXAS COUNTY OF Jamr roe § . This instrument was acknowledged before me on YWi6 Dia n-erfownen.
Gitte CAROLE WILKINSON | ZN Notary Pudtic gee Pog , Notary Public, State of Texas Personalized Notary Seal i: STATE OF TEXAS » wey My Comm. Exp. 04-20-2010 f SFR, PS SISO ee SOE STATE OF TEXAS § §
en.
Gitte CAROLE WILKINSON | ZN Notary Pudtic gee Pog , Notary Public, State of Texas Personalized Notary Seal i: STATE OF TEXAS » wey My Comm. Exp. 04-20-2010 f SFR, PS SISO ee SOE STATE OF TEXAS § § COUNTY OF GVvoaRr § Og. D brur ten was acknowledged before me 20 Q / by f rq ¢ th Owned. % Personalized Notary Seal THE STATE OF TEXAS county or {yank awiiged before me on the WD day of July , 20OF: wy alt [title] of HME Lifestyles, L-P. , on behalf of said entity.
Bit, JANET R. LEWIS : MY COMMISSION EXPIRES duly 8,201 9001 Airport Freeway, Suite 400 North Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT — PAGE 4 of 4 STATE OF TEXAS ? This instrument was acknowledged before me on day of < 20. Q / by CAROLE WILKINSON Notary Pubiic Personalized Notary Seal : i | STATE OF TEXAS STATE OF TEXAS § § COUNTY OF . Gyvoaet § (\ df g instrament was acknowledged before me fvq fu nDOwnen.
Personalized Notary Seal THE STATE OF TEXAS COUNTY OF This dged before me on the day of [title] of HMH Lifestyles, L.P. , on behalf of said entity.
20 by Notary Public, State of Texas AFTER RECORDING, RETURN TO: History Maker Homes, LLC 9001 Airport Freeway, Suite 400 North Richland Hills, Tx 76180 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 4 of 4