D224092932 05/29/2024 08:55 AM Page: 1 of 6 Fee: $40.00 Submitter: First American Title Insurance Company Electronically Recorded by Tarrant County Clerk in Official Public Records wa NiroLer \ MARY LOUISE NICHOLSON COUNTY CLERK RESTRICTIVE COVENANT AND AGREEMENT This Restrictive Covenant and Agreement (this “Agreement”) is made thisv"S day of (y j eo , 2024 by DON ERROL HUBBARD (hereinafter referred to as “Owner”, whether one or more) and MAFTAMY TEXAS LLC, A DELAWARE LIMITED LIABILITY COMPANY (hereinafter referred to as “Builder”).
RECITALS WHEREAS, Owner is the current owner of the following described property 4513 WARD STRE RICHLAND HILLS, TEXAS 76180 (the “Property”), and more particularly described as follows; LOT 30R, BLOCK 16, OF AMENDING PLAT CITY POINT ADDITION, AN ADB THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS,4#@ TO THE AMENDING MAP OR PLAT THEREOF RECORDED IN IN§ WHEREAS, the undersigned acknowledge that it is the policy of the St resolution of disputes through alternative dispute resolution procedyres; and WHEREAS, Owner acknowledges that Builder has given an ss written limited home warranty on the Improvements; and by, through or under Builder relating to the 5”), including but not limited to, any implied dy exist in Texas and further stipulates that this WHEREAS, Owner desires to release any impli¢Dy construction of all improvements on the Property (tha warranty of good and workmanlike construction t Agreement SHALL RUN WITH THE LAND.
NOW, THEREFORE, for Fifty DeNrS ang d valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the pfsiy knowledge, agree and stipulate the following: 1. The parties specifically agree avéefitered into a transaction that involves interstate commerce and that
ncy of which is hereby acknowledged, the pfsiy knowledge, agree and stipulate the following: 1. The parties specifically agree avéefitered into a transaction that involves interstate commerce and that any dispute (whether contract, 2 any and all controversies, dj dsubmitted to binding arbitration as provided by the Federal Arbitration Act (9 U.S.C. §§ 1 Mnilar state statute, and not by or in a court of law. All decisions respecting the arbitrability administrativefees, travel expenses and out-of-pocket expenses such as copying and telephone, court costs, witness fees and reasonable attorney’s fees. The mediation and, if necessary, the arbitration shall be conducted pursuant to any procedures set forth in the applicable warranty documents. If there is any conflict between this Agreement and such procedures, the provisions of this Agreement shall control. Furthermore, if the mediator and/or arbitrator designated in any applicable warranty documents cannot conduct the mediation or arbitration for any reason, or if no mediator and/or arbitrator is designated, then the parties agree to work together in good faith to select a mediator and, if all Disputes are not resolved by mediation, an arbitrator in the county where the subject property is located. Ifthe parties are unable to agree on the appointment of a mediator and/or arbitrator, either party may petition a court of general jurisdiction in the subject county to appoint a mediator and/or arbitrator. It is stipulated and agreed that the filing of a petition requesting RESTRICTIVE COVENANT AND AGREEMENT - PAGE 1 D224092932 Page 2 of 6 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:
PAGE 1 D224092932 Page 2 of 6 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; a. All applicable claims, causes of action, remedies and defenses that would be available in court shall apply; b. The proceeding shall be conducted by a single arbitrator selected by a process designed to ensure the neutrality of the arbitrator; c. The parties shall be entitled to conduct reasonable and necessary discovery; d. The arbitrator shall render a written award and, if requested by any party, a reasoned award; e, The Owner shall not be required to pay any unreasonable costs or fees and the arbitrator shall have the right to apportion costs and fees in an equitable manner in the arbitration award; and f. Any award rendered in the proceeding shall be final and binding and judgment upo any such award may be entered in any court having jurisdiction.
Owner and Builder agree that notwithstanding anything to the contrary, the rig Agreement shall survive the closing of the sale of the Property and/or Improveyfe or invalidity of any portion of this Agreement shall not affect the validity or 4 fof the Temaining portions of this Agreement. Owner and Builder further agree (1) that any Dispute involvig dirgctors, officers, employees, and agents shal! be resolved as set forth herein and not in a court of law; and hat Belildér shall have the option to not constitute a waiver of the right of such party or a bar to the 1 other claim, dispute or controversy, and the court sha controversy, dispute or claim be arbitrated in accorda
ll have the option to not constitute a waiver of the right of such party or a bar to the 1 other claim, dispute or controversy, and the court sha controversy, dispute or claim be arbitrated in accorda arbitration of Disputes, ifany party commences tigation other parties to the litigation for their costs and expepst litigation and enforcement of arbitration.
warty to the proceeding, direct that such h as this Agreement provides for mandatory is Agreement, such party shall reimburse the (the “RCLA”) APPLIES TO CONSIRS EFECTS AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION DEFECTS f RCTY WITH THE IMPROVEMENTS. OWNER AND BUILDER UNDERSTAND THAT THERG y PROVISIONS TO EXPEDITE THE RESOLUTION OF CLAIMS OWNER AND BUILDER ALSQ EDGE AND AGREE THAT A REQUEST FOR WARRANTY PERFORMANCE SHALL N@TBE SONSTRUED AS A NOTICE OF CONSTRUCTION DEFECT UNDER THE RCLA, AND THAT ANY, A, R THE RCLA SHALL BE SEPARATELY SENT TO BUILDER IN THE MANNER REQUIRED KCLA. OWNER AND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS XS ONFLICT BETWEEN THE RCLA AND ANY OTHER LAW, INCLUDING THE S TICES - CONSUMER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS RCE CODE (the “DTPA”)}, AS PROVIDED BY THE RCLA AND THE DTPA.
4, Owner hereby agrees, acknowledges and stipulates that THE ONLY EXPRESS WARRANTY GIVEN BY BUILDER TO OWNER RELATING TO THE PROPERTY AND/OR IMPROVEMENTS IS THAT EXPRESS WRITTEN LIMITED HOME WARRANTY PROVIDED BY BUILDER (the “Limited Warranty”). OWNER AGREES AND UNDERSTANDS THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING ANY CLAIM OR CAUSE OF ACTION UNDER ANY THEORY OF IMPLIED WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND THAT ANY SUCH IMPLIED WARRANTY, TO THE EXTENT IT EXISTS IN TEXAS, IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED WARRANTY INCORPORATED BY REFERENCE
WARRANTY OF GOOD AND WORKMANLIKE CONSTRUCTION AND THAT ANY SUCH IMPLIED WARRANTY, TO THE EXTENT IT EXISTS IN TEXAS, IS EXPRESSLY REPLACED BY THE TERMS OF THE LIMITED WARRANTY INCORPORATED BY REFERENCE INTO THIS AGREEMENT. OWNER ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY RESTRICTIVE COVENANT AND AGREEMENT - PAGE 2 D224092932 ARE CLEAR, SPECIFIC AND SUFFICIENTLY DETAILED TO ESTABLISH THE ONLY STANDARDS OF CONSTRUCTION WHICH BUILDER IS OBLIGATED TO MEET. OWNER ACKNOWLEDGES THAT THEY HAVE RECEIVED AND REVIEWED SUCH WARRANTY, AND OWNER AGREES TO DELIVER A COPY OF THE LIMITED WARRANTY TO ANY SUBSEQUENT PURCHASER OF THE PROPERTY 5. In the event that the reasonable cost of repair necessary to repair a construction defect or defects in or related to the improvements that are the responsibility of Builder exceeds 30% of the then current fair market value of the Improvements, as determined without reference to the construction defect(s), Builder may elect to repurchase the Property in accordance with Section 27.0042 the Texas Property Code. This right of election shall survive the completion of the Contract between Owner and Builder and the delivery of the deed to the Property from Bui Owner, and shall be binding on Owner’s successors and assigns.
consumer products incorporated into the Improvements such as air conditioners, heating uni refrigerators, ranges, dishwashers and other appliances or equipment shall be assigned to Owner. @Wnk IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF USE FOR A PAR i ANY OTHER WARRANTIES TO THE FULLEST EXTENT BEML a 4 7, Builder has exercised reasonable care in assuring that the Property and and other undesirable organisms; however, even utilizing modern materials}
NY OTHER WARRANTIES TO THE FULLEST EXTENT BEML a 4 7, Builder has exercised reasonable care in assuring that the Property and and other undesirable organisms; however, even utilizing modern materials} project can experience a problem with molds and other biological impurities implemented. Such maintenance is a responsibility of Owner. T the occurrence of mold growth in the home, and thereby minimize mold. These steps include the following: e steps to reduce or eliminate ssible adverse effects that may be caused by Before bringing items into the home, check for sign clothing and bedding material, as well as many other fon Q brought into the home, its spores can spread to other aréa a. Regular vacuuming and cleaning and most tile cleaners ar ctivi a. Keep the humidity iy windows, using moisture in the ai of moisture. Pro drywall or in: fate kitchens and bathrooms by opening the ing the air conditioning to remove excess and dry spills, condensation, and other sources materials that cannot be thoroughly dried, such as erials, such as fabric, upholstery or carpet should be discarded. Should the mold yth be severe, cail on the services of a qualified professional.
Electronic aff 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.
8. Owner and Builder agree that this Agreement shall be filed of record in the appropriate real property records of the
either express or implied, in regard to any mold or other biological impurities.
8. Owner and Builder agree that this Agreement shall be filed of record in the appropriate real property records of the County in which the Property is located.
RESTRICTIVE COVENANT AND AGREEMENT - PAGE 3 Page 3 of 6 D224092932 9. Owner and Builder further stipulate that this Agreement SHALL RUN WITH THE LAND.
10. By execution of this Agreement, (1) Owner acknowledges that the Improvements have been completed in accordance with the contract between Owner and Builder or that any discrepancies or differences have been approved and accepted by Owner and (ii) Owner has accepted the Property and Improvements and hereby releases Builder from all claims and liabilities relating to the Property or Improvements except for Builder’s obligations arising under the express Limited Warranty.
11. Owner and Builder agree, acknowledge, and stipulate that, except as otherwise provided herein, this Agreerfte shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, of directors, shareholders, representatives, successors and assigns.
OWNER: DONE RESTRICTIVE COVENANT AND AGREEMENT - PAGE 4 Page 4 of 6 D224092932 ACKNOWLEDGMENT STATE OF Texas COUNTY OF Dallas This instrument was acknowledged before me this 28th day of DON ERROL HUBBARD.
OTARY MICHAEL SUDDRETH PUB Notary Public, State of Texas Comm. Expires 02-02-2027 STATE OF TEXAS Notary ID 125989698 Notary Public, State of May 2024 by Unofficial Copy RESTRICTIVE COVENANT AND AGREEMENT - PAGE 5 Page 5 of 6 D224092932 BUILDER: Mattamy Texas LLC, a Delaware limitéd lia bility company ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF i 2G \iGs This instrument was acknowledged before me on th gee Pee, MICHAEL SUDDRETH
224092932 BUILDER: Mattamy Texas LLC, a Delaware limitéd lia bility company ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF i 2G \iGs This instrument was acknowledged before me on th gee Pee, MICHAEL SUDDRETH aS Notary Public, State of Taxpely RS RY RESTRICTIVE COVENANT AND AGREEMENT - PAGE 6 Page 6 of 6