D225195416 10/16/2025 03:22 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 TRICTIVE COVENANT AND AGR E TAYLOR MARIE NELSON (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 4309 RUTH ROA RICHLAND HILLS, TEXAS 76180 (the “Property”), and more particularly described as follows: LOT 16, BLOCK 8, OF FINAL REPLAT OF CITY POINT ADDITION BLOCKS AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRAN® WHEREAS, the undersigned acknowledge that it is the policy of the St resolution of disputes through alternative dispute resolution procedures; and WHEREAS, Owner acknowledges that Builder has given an ‘exptss written limited home warranty on the Improvements; and WHEREAS, Owner desires to release any impli Drarr construction of all improvements on the Property (the: warranty of good and workmanlike construction tothe Agreement SHALL RUN WITH THE LAND.
y, through or under Builder relating to the f}, including but not limited to, any implied exist in Texas and further stipulates that this NOW, THEREFORE, for Fifty Dotigee’z g and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the ynd&raxis erehy acknowledge, agree and stipulate the following: entered into a transaction that involves interstate commerce and that
, the receipt and sufficiency of which is hereby acknowledged, the ynd&raxis erehy acknowledge, agree and stipulate the following: entered into a transaction that involves interstate commerce and that any dispute (whether contract, tatutory or otherwise) (the “Dispute”), including, but not limited to, (a) any and all controversies, disp arising under, or related to, any contract and any amendments thereto ef, the PropeMy zr Improvements, or any dealings between the Owner and Builder; (b) any fi (ris g Uy virtue of any representations, omissions, promises or warranties alleged to have Mersey : apertyor in the subdivision, shall first be submitted to mediation and, if not settled during gubmitted to binding arbitration as provided by the Federal Arbitration Act (9 U.S.C. §§ 1 1. The parties specifically ag ative-fees, travel expenses and out-of-pocket expenses such as copying and telephone, court costs, witness fees and seaxonable attomey’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, ifthe 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
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 D225195416 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; Cs 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 upe' any such award may be entered in any court having jurisdiction.
Owner and Builder agree that notwithstanding anything to the contrary, the rie Agreement shall survive the closing of the sale of the Property and/or Improve ¢ctors, officers, employees, Jer shall have the option to arbitration of Disputes, if any party commences litigatio
e rie Agreement shall survive the closing of the sale of the Property and/or Improve ¢ctors, officers, employees, Jer shall have the option to arbitration of Disputes, if any party commences litigatio other parties to the litigation for their costs and exp attorneys’ fees incurred in seeking abatement of such RESIDENTIAL CONSTRUCTION LIABILITY ACT TS AND ANY DISPUTES OR CLAIMS REGARDING WITH THE IMPROVEMENTS. OWNER AND BUILDER OVISIONS TO EXPEDITE THE RESOLUTION OF CLAIMS.
2. OWNER AND BUILDER AC (the “RCLA”) APPLIES TO COP CONSTRUCTION DEFECTS Ng R THE RCLA SHALL BE SEPARATELY SENT TO BUILDER IN THE RCLA. OWNER AND BUILDER ACKNOWLEDGE THAT THE RCLA 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 INTO THIS AGREEMENT. OWNER ACKNOWLEDGES THAT THE TERMS OF SUCH LIMITED WARRANTY RESTRICTIVE COVENANT AND AGREEMENT - PAGE 2 D225195416 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
LDER 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 Buijdéy to Owner, and shall be binding on Owner’s successors and assigns.
7, Builder has exercised reasonable care in assuring that the Property and ents are free of harmful molds and other undesirable organisms; however, even utilizing modern materials, designs, any construction 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: steps to reduce or eliminate sities 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 brought into the home, its spores can spread to other arés a. Regular vacuuming and cle ning and most tile cleaners ar ate kitchens and bathrooms by opening the bning the air conditioning to remove excess Up and dry spills, condensation, and other sources materials that cannot be thoroughly dried, such as windows, using
e kitchens and bathrooms by opening the bning the air conditioning to remove excess Up and dry spills, condensation, and other sources materials that cannot be thoroughly dried, such as windows, using moisture in the air’ of moisture. Pro drywall or inswfation Inspect for ekeon) r¢gular basis. Look for discolorations or wet spots. Repair any rom a ng 1 condensation pans (refrigerators and air conditioners) for mold 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.
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 D225195416 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.
11. Owner and Builder agree, acknowledge, and stipulate that, except as otherwise provided herein, this Agr
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 Agr shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, o directors, shareholders, representatives, successors and assigns.
OWNER: TAYLOR MARIE NELSON RESTRICTIVE COVENANT AND AGREEMENT - PAGE 4 D225195416 ACKNOWLEDGMENT STATE OF 1@ xa a pow This instrument was acknowledged before me this iS day of FOC4E> bee , 2025 by TAYLOR MARIE NELSON.
utr, Sey 5 ity See te, MICHAEL SUDDRETH = Notary Public, State of Texas Comm. Expires 02-02-7027 Notary ID 725989608 | RESTRICTIVE COVENANT AND AGREEMENT - PAGE 5 Page 5 of 6 D225195416 Page 6 of 6 BUILDER: Mattamy Texas LLC, a Delaware limited liability company ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Do Was This instrument was acknowledged before me on for Mattamy Texas LLC, e capacity herein stated.
awe on fe, ADRIANNA EVLAR = Notary Public, State of Taxasif : Comm. Expires 03- ae Hee Notary 1D 13103 ok a age ot tt eeaa® acs “a RESTRICTIVE COVENANT AND AGREEMENT ~ PAGE 6