D224152107 08/26/2024 03:29 PM 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 this? le day of AG@eyast , 2024 by JESSE ISIOMA OSANU, A SINGLE MAN (hereinafter referred to as “Owner”, whether one or more) and Mattamy Texas LLC, a Delaware limited liability company (hereinafter referred to as “Builder’).
RECITALS WHEREAS, Owner is the current owner of the following described property 4257 RUTH RO RICHLAND HILLS, TEXAS 76180 (the “Property”), and more particularly described as follows, LOT 36, BLOCK 4, OF FINAL REPLAT OF CITY POINT ADDITION BLOCKS AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TA j TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED UNDER Q D221353856, PLAT RECORDS, TARRANT COUNTY, TEXAS.
WHEREAS, Owner purchased the Property and Improvements (hereinafte WHEREAS, the undersigned acknowledge that it is the policy of the § resolution of disputes through alternative dispute resolution procedures; and WHEREAS, Owner acknowledges that Builder has given an ss written limited home warranty on the Improvements; and WHEREAS, Owner desires to release any impli ys fartigs py, through or under Builder relating to the watranty of good and workmanlike construction tothe tu nady exist in Texas and further stipulates that this Agreement SHALL RUN WITH THE LAND.
NOW, THEREFORE, for Fifty Defers and valuable consideration, the receipt and sufficiency of
onstruction tothe tu nady exist in Texas and further stipulates that this Agreement SHALL RUN WITH THE LAND.
NOW, THEREFORE, for Fifty Defers and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the findexigned cknowledge, agree and stipulate the following: 1. The parties specifically agree gfitered into a transaction that involves interstate commerce and that any dispute (whether contract, ¥ atutory or otherwise) (the “Dispute’’), including, but not limited to, (a) any and all controversies, disp Nim arising under, or related to, any contract and any amendments thereto controversy, dispute or clai by virtue of any representations, omissions, promises or warranties alleged to have been made by Builders exty or in the subdivision, shall first be submitted to mediation and, ifnot settled during & submitted to binding arbitration as provided by the Federal Arbitration Act (9 U.S.C. §§ 1 yimilar state statute, and not by or in a court of law. All decisions respecting the arbitrability eNJecided by the arbitrator. In no event shall Owner be initially required to pay arbitration costs ativefees, 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
ement 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 D224152107 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 thg arbitration award; and f Any award rendered in the proceeding shali be final and binding and judgment ups any such award may be entered in any court having jurisdiction.
in an equitable manner in thg arbitration award; and f Any award rendered in the proceeding shali be final and binding and judgment ups any such award may be entered in any court having jurisdiction.
Owner and Builder agree that notwithstanding anything to the contrary, the +g ean & set forth in this ¢ ilder towner. The waiver or invalidity of any portion of this Agreement shall not affect the validity o this Agreement. Owner and Builder further agree (1) that any Dispute invol arbitration of Disputes, if any party commences litigatidy other parties to the litigation for their costs and ex) litigation and enforcement of arbitration, 2. OWNER AND BUILDER ACK k RESIDENTIAL CONSTRUCTION LIABILITY ACT CTS AND ANY DISPUTES OR CLAIMS REGARDING CONSTRUCTION DEFECT UNDERSTAND THAT THER : OWNER AND BUILDER AB KNOWLEDGE AND AGREE THAT A REQUEST FOR WARRANTY PERFORMANCE SHALLANO% ONSTRUED AS A NOTICE OF CONSTRUCTION DEFECT UNDER THE RCLA, AND THAT N MANNER REQUIRED RCLA. OWNER AND BUILDER ACKNOWLEDGE THAT THE RCLA CONTROLS OF CONFLICT BETWEEN THE RCLA AND ANY OTHER LAW, INCLUDING THE PRACTICES - CONSUMER PROTECTION ACT, SUBCHAPTER E, CHAPTER 17, TEXAS RCE CODE (the “DTPA”), AS PROVIDED BY THE RCLA AND THE DTPA.
D AMD UNDERSTANDS THE PROVISIONS CONTAINED HEREIN.
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
REEMENT 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 INTO THIS AGREEMENT. OWNER ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY RESTRICTIVE COVENANT AND AGREEMENT - PAGE 2 Page 2 of 6 D224152107 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 Bude Owner, and shall be binding on Owner’s successors and assigns.
CONCERNING SUCH EQUIPMENT OR CONSUMER PRODUCTS AND EXPR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF USE FORA PA ANY OTHER WARRANTIES TO THE FULLEST EXTENT PERMITTED B are free of harmful molds H designs, any construction tenance procedures are not wks ve steps to reduce or eliminate ossible adverse effects that may be caused by the occurrence of mold growth in the home, and thereby minimiz
H designs, any construction tenance procedures are not wks ve steps to reduce or eliminate ossible adverse effects that may be caused by the occurrence of mold growth in the home, and thereby minimiz mold, These steps include the following: Before bringing items into the home, check for si clothing and bedding material, as well as many othe!
brought into the home, its spores can spread to other ai ts (roots and soil}, furnishings, or stored dalready contain mold growth. Once mold is ilate kitchens and bathrooms by opening the bnning the air conditioning to remove excess p and dry spills, condensation, and other sources windows, using moisture in the a of moisture.
old develop, thoroughly clean the affected area with a mild solution of irst, test to see if the affected material or surface is color safe. Porous Electronic fir 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 County in which the Property is located.
RESTRICTIVE COVENANT AND AGREEMENT - PAGE 3 Page 3 of 6 D224152107 Page 4 of 6 9, Owner and Builder further stipulate that this Agreement SHALL RUN WITH THE LAND.
10. By execution of this Agreement, (i) Owner acknowledges that the Improvements have been completed in
Page 4 of 6 9, Owner and Builder further stipulate that this Agreement SHALL RUN WITH THE LAND.
10. By execution of this Agreement, (i) 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.
RESTRICTIVE COVENANT AND AGREEMENT ~- PAGE 4 D224152107 STATE OF Texos COUNTY OF Dallas ACKNOWLEDGMENT This instrument was acknowledged before me this JESSE ISIOMA OSANU, A SINGLE MAN.
MICHAEL SUDDRETH PUBL Notary Public. State of Texas NOTARY PUA!
FATE OF XAS Comm. Expires 02-02-2027 Notary ID 125989698 this day of th day of Acegust 2024 by Notary Public, State of Page 5 of 6 Unofficial Copy RESTRICTIVE COVENANT AND AGREEMENT - PAGE 5 D224152107 Page 6 of 6 BUILDER: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF jail @s This instrument was acknowledged before me on, : DEY WI SED as Wr?
for Mattamy ae RN Pe, ICHAEL SUDDRETH Notary Public, State of Taxas Comm. Expires 02-02-2027 Notary ID 125989698 RESTRICTIVE COVENANT AND AGREEMENT - PAGE 6