9169909070 Electronically Recorded = ‘2!rant County Texas Official Public Records 2006 Mar 08 08:39 AM Fee: $ 36.00 Ffigenma/ Minhoze,) Submitter: LANDATA Suzanne Henderson D206066916 i AP 2 ether one or more) and HMH Ider).
Lifestyles, ©.P. of 6815 Msnhatta: ing described property situated at Property”), and more particularly described as follows: FF 5 aa t lo: z ; Addition to the City of Worth 7 WHEREAS, Owner purchased the Property and a e after defined) trom Builder; and WHEREAS, the undersigned avknowledGo)nat it i df the State of Texas to encourage the peaceable resolution of disputes through alternative dispute resolution procedure ait WHEREAS, to the fullest exten jcabteTaw, Owner desircs to release all implied warranties given by, through or ert the Property (the “Improvements”), including but not limited to, all implied and further stipulates that this Agreement SHALL RUN WITH THE LAND.
any dispute (whether contract, warranty, tort, statutory or otherwise) (the “Dispute”), fersies, disputes or claims arising under, or related to, any contract and any amendments or Improvements, or any dealings between the Owner and Builder; (b) any controversy, dispute ons, omissions, promises or warranties alleged to have been made by Builder or Builder's roperty damage alleged to have been sustained by Owner on the Property or in the subdivision, Ol settled during mediation, shall thercafter be submitted to binding arbitration as provided by the et seq.) or, if applicable, by similar state statute, and not by or in a court of law. All decisions respecting e decided by the arbitrator. The arbitrator shall have the right to award reasonable attomeys* fees and
applicable, by similar state statute, and not by or in a court of law. All decisions respecting e decided by the arbitrator. The arbitrator shall have the right to award reasonable attomeys* fees and ediation and arbitration. The mediation and, if necessary, the arbitration shall be conducted pursuant to € applicable warranty documents. If there is any conflict between this Agreement and such procedures, the me Mall control. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty documents ediatiomhgf arbitration for any reason, then the mediation and arbitration shall be conducted by the American Arbitration n agcordance with its applicable rules. lf, for any reason, the AAA is unable or unwilling to conduct the mediation and/or binding ‘erbithagi: efings specified above, the parties agree to work together in good faith to select a mediator and, if all disputes are not 2 . ay arbitrator in the county where the subject Property is located. If the parties are unable to agree on the appointment ofa mediator anor arbitrag6r, either party may petition a court of general jurisdiction in the subject county to appoint a mediator and/or arbitrator.
pfeed that the filing of a 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 law (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 shal! apply; © The proceeding shall be conducted by a single arbitrator selected by a process designed to ensure the neutrality of the arbitnator;
emedies and defenses that would be available in court shal! apply; © The proceeding shall be conducted by a single arbitrator selected by a process designed to ensure the neutrality of the arbitnator; 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 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 & 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 Ve The parties speci including, but not limited to, (a) thereto between Builder and Ownd or claim arising by virtue of an’ 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.
If Owner or Builder file a proceeding in any court to resolve any such controversy, dispute or claim, such action shall not constitute a
tors 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 attomneys’ fees incurred in seeking abatement of such litigation and enforcement of arbitration.
THE RCLA AND ANY OTHER LAW, INCLUDING THE DECEPTIVE TRADE PRACTICES - CONSU SUBCHAPTER £, CHAPTER 17, TEXAS BUSINESS & COMMERCE CODE (the “DTPA”), AS PROVIDEE DTPA.
3. OWNER, BY SIGNING THIS AGREEMENT, ACKNOWLEDGES THAT UNDERSTANDS THE PROVISIONS CONTAINED HEREIN.
4. Owner hereby agrees, acknowledges and stipulates that THE ONLY Ex OWNER RELATING TO THE PROPERTY AND/OR IMPROVEMENTS !8 THAT EXPR SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY ST. AR MEET. OWNER ACKNOWLEDGES THAT THEY HAVE R' p TO DELIVER A COPY OF THE LIMITED WARRANTY TO ANY EWED SUCH WARRANTY, AND OWNER AGREES IRCHASER OF THE PROPERTY.
repair a construction defect or defects in or related to the current fair market value of the Improvements, as determined fr hereby agrees, acknowledges and stipulates that Builder makes NO WARRANTIES SERNING SUCH EQUIPMENT OR CONSUMER PRODUCTS AND EXPRESSLY F MERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY
ereby agrees, acknowledges and stipulates that Builder makes NO WARRANTIES SERNING SUCH EQUIPMENT OR CONSUMER PRODUCTS AND EXPRESSLY F MERCHANTABILITY, FITNESS OF USE FOR A PARTICULAR PURPOSE, AND ANY KTENT PERMITTED BY STATE OR FEDERAL LAW.
DISCLAIMS ALL IMPLIED WA OTHER WARRANTIES TO TH evehy utilizing modem materials, techniques and designs, any construction project can experience a problem ical ityirities if proper maintenance procedures are not implemented. Such maintenance is a responsibility of dgitive steps to reduce or eliminate the occurrence of mold growth in the home, and thereby minimize any possible Before bringing items into the home, check for signs of mold. Potted plants (roots and soil), fumishings, or stored pfothing 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
ks 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. Shoutd 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 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, illness or allergic reactions (including, but not limited to, any persongh injury) which the Owner, or the Owner’s family members or invitees may experience as a result of mold, mildew, fungus, spores, chemicals orfbiclogical impurities, including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, loss of use, joss pf talue, ‘and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the receipi
s of income, emotional distress, death, loss of use, joss pf talue, ‘and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the receipi 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 i “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) tha 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 insuranp ird ifh which Owner deals, Builder from any claim for subrogation. Owner understands that if it makes a claim upon any, p to mold, chemicals or biological impurities, such insurer or third-party will not be able tq Owner agrees to not assign any of their rights to any insurer or third party. Owner agreg subrogation of any such claims.
ement or damages from Builder.
any and all insurers waivers of 8. Owner and Builder agree that this Agreement shall be filed of Ty which the Property is located.
9. Owner and Builder further stipulate that this Agreement SHJ contract between Owner and Builder or that any discrepancies or di accepted the Property and Improvements and hereby releases Buwidg, except for Builder’s obligations arising under the express Limy€d except as otherwise provided herein, this Agreement shall be binding
ccepted the Property and Improvements and hereby releases Buwidg, except for Builder’s obligations arising under the express Limy€d except as otherwise provided herein, this Agreement shall be binding e heirs, executors, officers, directors, shareholders, representatives, 11. Owner and Builder agree, ackno: upon and inure to the benefit of the parties successors and assigns.
OWNER Address: LDER: HMH Lifestvies, 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 § § countyor J@psgyn tS 5 This instrument was acknowledged before me on the we day of f } (a f Lh , 20 i by Cannan’ Chet (Owner).
SEES OAD NINA.
MARY HELEN HERNANDEZ Notary Public STATE OF TEXAS My ¢ Personalized Notary Seal STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me op 20 by (Owner).
ary Public, State of Texas Personalized Notary Seal \S THE STATE OF TEXAS SH COUNTY OF edfed before me on the day of , 20 by [title] of HMH Lifestyles, L.P. , on behalf of said entity.
This instrument Notary Public, State of Texas Personalized AFTER RECO: . 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 filtration and dehumidifiers to maintain humidity levels are available at additional cost from numerous vendors. :
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 imputities. 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 personaki which the Owmer, or the Owner's family members or invitees may experience as a result of mold, mildew, fungus, spores, chemicals of\bidlogical impurities, including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, loss of use, loss‘of ¥alue, ‘and adverse health effects, or any other effects. For Fifty Dollars ($50.00) and other good and valuable consideration, the receigq i 4 of which is hereby acknowledged, Owner (for themselves and for their joint and several agents, heirs, successors, executors,6ub 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 whatevepA but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasee or otherwise) that aN
sent and future claims, demands, causes of action and damages, of whatevepA but not limited to, any claim for personal injury, whether resulting from the negligence of a Releasee or otherwise) that aN way relates to the presence of mold, chemicals or biological impurities at the Property. To the maximum exteptd waives (and is estopped to assert) all claims te the contrary.
Owner hereby further releases, on behalf of themselves and on behalf of any insuray Builder from any claim for subrogation. Owner understands that if it makes a claim upon any to mold, chemicals or biological impurities, such insurer or third-party will not be able t Owner agrees to not assign any of their rights to any insurer or third party. Owner agrées subrogation of any such claims.
ement or damages from Builder.
| any and all insurers waivers of 8. Owner and Builder agree that this Agreement shall be filed of Ps in the appropriate real property records of the County in which the Property is located. : 9.- Owner and Builder further stipulate that this Agreement S évements have been completed in accordance with the en approved and accepted by Owner and (ii) Owner has and Babilities relating to the Property or Improvements 10.. By execution of this Agreement, (i) Owner ackn contract between Owner and Builder or that any discrepancies or dif accepted the Property and Improvements and hereby releases Berit except for Builder's obligations arising under the express Li ap except as otherwise provided herein, this Agreement shall be binding 11. Owner and Builder agree, acknoe hig respeptive heirs, executors, officers, directors, shareholders, Tepresentatives, upon and inure to the benefit of the parties successors and assigns. : OWNER OWNER Address: HMH Lifestyles, L.P.
By: AM, Z Printed Name Its:
cutors, officers, directors, shareholders, Tepresentatives, upon and inure to the benefit of the parties successors and assigns. : OWNER OWNER Address: HMH Lifestyles, L.P.
By: AM, Z Printed Name Its: Address: 6815 Manhattan Bivd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 3 of 4 STATE OF TEXAS § i § county oF ]G@aatym 7g.
. Crrabaot Chee (Owner).
ublic, State of Texas Personalized Notary Seal ; “dl @y MARY HELEN HERNANDEZ.
| Notary Public As STATE OF TEXAS My Comm. Exp. 07/20/: STATE OF TEXAS § , § COUNTY OF. a This ‘instrument was acknowledged before me e » 20 by (Owner).
. Personatized Notary Seal THE STATE OF TEXAS COUNTY “eal = Mged before me on the Zz day of Vina 5 np by [title] of HMH Lifestyles, L.P. , on behalf of said entity.
lotary Public, State of Texas AFTER RECORDING, RETURN TO: History Maker Homes, LLC 6815 Manhattan Blvd., Suite 400 Fort Worth, TX 76120 RESTRICTIVE COVENANT AND AGREEMENT -- PAGE 4 of 4.