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This Notice is presented to you by Champions
Glen, L.P. and C&O Development, Inc. d/b/a Trend Development
to inform you of a number of facts about Gleannloch Farms.
Please read this notice in its entirety. The main purpose
of this Notice is to provide you with information on the
Gleannloch Farms community and the relationships and responsibilities
of the companies involved in developing Gleannloch Farms,
marketing Gleannloch Farms and building homes in Gleannloch
Farms.
What is Gleannloch Farms?
Gleannloch Farms is sometimes referred to
as a master-planned community. In reality, Gleannloch Farms
is a real estate development which eventually will be comprised
of approximately 2100 acres consisting of residential, recreational
and commercial uses. The entire land area comprising Gleannloch
Farms falls within the governmental jurisdiction of Harris
County, Texas, and the extraterritorial jurisdiction of
the City of Houston, Texas.
In deciding whether and where to buy a home
in Gleannloch Farms, you should be aware of the conditions
and land uses where your prospective home is or will be
located as well as those in the general area. You should
review a copy of the plat indicating the current land plan
for the neighborhood in which your prospective home is or
will be located, as well as the latest development plan
for Gleannloch Farms. While actual development may vary
from that indicated on the development plan, this information
will give you some idea of how the land around your neighborhood
could ultimately be developed. You are urged to review the
plat and development plan and any other land use information
available since this information may affect your decision
to purchase. PLEASE BE AWARE THAT ALL PLANS FOR LAND OR
FACILITIES, EVEN IF SHOWN ON THE DEVELOPMENT PLAN, ARE SUBJECT
TO CHANGE WITHOUT NOTICE. NO WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED, CONCERNING THE INTENDED USE, PROPOSED
IMPROVEMENTS, ACTUAL DESIGN, LOCATION OR CHARACTER OF THE
FACILITIES SHOWN ON THE DEVELOPMENT PLAN ARE INTENDED. NOTHING
PRESENTED IN THIS WEBSITE SHALL OBLIGATE CHAMPIONS GLEN,
L.P., C&O DEVELOPMENT, INC. D/B/A TREND DEVELOPMENT
OR ANY OTHER ENTITY, PUBLIC OR PRIVATE, TO CONSTRUCT FACILITIES
OR DEVELOP LAND AS SHOWN.
Who are Champions Glen, L.P. and C&O
Development, Inc. d/b/a Trend Development and What do they
do?
Champions Glen, L.P. is the owner of the land
under development in Gleannloch Farms that has not been
sold to third parties. C&O Development, Inc. d/b/a Trend
Development is a land developer. In general terms, a land
developer prepares previously undeveloped land for further
development, including preparation of lots for single-family
homes and parcels of land for garden homes, townhomes, recreational
areas, offices, and so on. Additionally, the developer arranges
for road construction, installation of sewer, water, and
other utility services, and construction of amenities such
as parks, nature trails, recreational facilities, and other
common elements. Development activity also includes land
planning, preparing detailed plats, and engineering drawings,
securing necessary approvals from governmental entities,
and coordinating with utility companies and others who provide
services to the community.
In Gleannloch Farms, as land is platted, the
landowner encumbers the developed land with certain recorded
covenants, conditions, and restrictions, as amended from
time to time (the “Declaration”) that restrict
the land to a specific use, such as single-family residential
and commercial office and retail. That Declaration also
provides for architectural guidelines and review and imposes
other restrictions on such land. The subdivisions in Gleannloch
Farms are subject to the Declaration as filed for record
in the Official Public Records of Real Property of Harris
County, Texas. Although the Declaration has been amended
and supplemented several times since its original filing,
the Declaration continues to run with title to the land
in your subdivision. The landowner has also promulgated
architectural standards (the “Development Guidelines”)
for your subdivision. You need to familiarize yourself with
the Declaration and Development Guidelines imposed on your
subdivision since they may restrict the type of house that
can be built on your lot and may impose reasonable limitations
on how you use your house and lot in the future.
PLEASE BE AWARE THAT ANY SALES AGENTS OR BROKERS
ARE NOT EMPLOYEES OR AGENTS OF CHAMPIONS GLEN, L.P., C&O
DEVELOPMENT, INC. D/B/A TREND DEVELOPMENT OR GLEANNLOCH
FARMS.
Who is the Gleannloch Farms Community
Association, Inc.?
The Gleannloch Farms Community Association,
Inc., a Texas non-profit corporation (the “Association”)
was created to administer and enforce the above-referenced
Declaration and Development Guidelines, collect assessments,
maintain the common areas, greenbelts, and rights-of-way
in Gleannloch Farms, and operate amenities such as nature
trails, lakes, parks and the equestrian center. A copy of
the Declaration and Development Guidelines applicable to
your prospective neighborhood should be provided to you
by a sales agent or broker or a title company prior to the
purchase of a home.
What the Home Builder Does
After residential land is developed, Champions
Glen, L.P. offers the lots for sale to certain builders
engaged in the home construction business. Home builders
in Gleannloch Farms are independent businesses that buy
developed lots from Champions Glen, L.P. , build homes,
and offer them for sale to the public. Gleannloch Farms,
Champions Glen, L.P. and C&O Development, Inc. d/b/a
Trend Development do not build houses and do not control
the home builders who do.
Builders are responsible for preparation of
house plans and specifications that must conform to the
Declaration and applicable Development Guidelines. Builders
submit plans to the Architectural Review Committee (ARC)
of the Association which reviews the plans to determine
whether the plans comply with applicable square footage,
setback, and similar restrictions contained in the above-referenced
Declaration and Development Guidelines. The builder is entirely
responsible, however, for construction of the house and
all of its components, and for compliance with local governmental
and industry standards for residential construction. Review
and approval by the ARC is intended to insure that the house
plans satisfy the Declaration and Development Guidelines
but such review is not intended to assure or guarantee that
the house has been adequately designed or constructed.
Inspections During Construction.
Champions Glen, L.P., C&O Development,
Inc. d/b/a Trend Development, the ARC, and Gleannloch Farms
Community Association DO NOT inspect homes during construction
to insure that they are being built according to any specific
governmental standards, codes, industry or other specifications.
The adequacy of the design standards and specifications
for your house is a contractual matter between you and the
builder. Consequently, Champions Glen, L.P., C&O Development,
Inc. d/b/a Trend Development, the ARC, and Gleannloch Farms
Community Association cannot warrant or otherwise represent
that the home builder will satisfy its obligations to you
or your expectations concerning the design and construction
of your house. It is the buyer’s responsibility to
insure the house is constructed in a suitable manner.
Soil conditions at Gleannloch Farms are very
similar to the soil conditions found in Houston, Texas,
and therefore, contain expansive clay. If the house has
been started or completed, you may wish to determine from
the builder what code was followed and whether the foundation
for your home has been or will be designed by an engineer.
In any event, consider hiring an inspector, engineer, and/or
architect to verify that the foundation, framing, electrical,
and plumbing work, and other components of the construction
were performed properly. If the house has not yet been started,
you and the builder will need to agree on the design standard
and specifications for your house and include all such specifications
within your construction contract with the builder. It is
also recommended in this instance that you consider hiring
an inspector, engineer, and/or architect to insure that
the builder complies with the agreed-to design standards
and specifications.
Warranties
Each builder that purchases a lot from Champions
Glen, L.P. in Gleannloch Farms is encouraged to provide
the home buyers with a homeowners warranty. These warranties
differ substantially in nature, scope, and coverage. You
will need to review carefully the warranty that your builder
provides. In addition, each builder typically warrants his
construction (over an agreed period of time) for latent
defects. You should discuss all of these matters with your
builder. Please remember that Champions Glen, L.P., C&O
Development, Inc. d/b/a Trend Development, the ARC and Gleannloch
Farms Community Association ARE NOT responsible for any
type of warranty repairs to your house.
Selecting a Builder
As a prospective home buyer, you need to interview
builders and examine other houses they have constructed.
Champions Glen, L.P., C&O Development, Inc. d/b/a Trend
Development, the ARC and Gleannloch Farms Community Association
cannot recommend one builder over another. The selection
of a builder is entirely your decision.
IN NO EVENT SHALL (i) CHAMPIONS GLEN, L.P.’S
SALE OF THE LOT TO THE BUILDER (ii) C&ODEVELOPMENT,
INC. D/B/A TREND DEVELOPMENT’S DEVELOPMENT OF GLEANNLOCH
FARMS, OR (iii) GLEANNLOCH FARMS COMMUNITY ASSOCIATION,
INC.’S AUTHORITY PURSUANT TO THE DECLARATION BE CONSTRUED
BY HOMEBUYERS IN ANY WAY TO CONSTITUTE A REPRESENTATION
OR WARRANTY BY CHAMPIONS GLEN, L.P., C&O DEVELOPMENT,
INC. D/B/A TREND DEVELOPMENT OR GLEANNLOCH FARMS COMMUNITY
ASSOCIATION TO HOMEBUYERS OF THE SKILL, COMPETENCE, ABILITY,
OR FINANCIAL STRENGTH OF ANY BUILDER OR OF ANY OTHER MATTER
CONCERNING ANY BUILDER OR THE IMPROVEMENTS CONSTRUCTED OR
TO BE CONSTRUCTED BY ANY BUILDER; IT BEING UNDERSTOOD AND
AGREED THAT ALL HOMEBUYERS HAVE INTERVIEWED THE BUILDERS
AND HAVE MADE THEIR OWN INQUIRY AS TO THEIR CHOSEN BUILDER’S
SKILL, COMPETENCE, ABILILTY, AND FINANCIAL STRENGTH, AND
THE HOMEBUYERS ARE NOT RELYING ON CHAMPIONS GLEN, L.P.,
C&O DEVELOPMENT, INC. D/B/A TREND DEVELOPMENT OR GLEANNLOCH
FARMS COMMUNITY ASSOCIATION, INC. OR ANY OTHER PARTY IN
DETERMINING THE SAME OR ANY OTHER MATTER CONCERNING THEIR
CHOSEN BUILDER. YOU MAY WISH TO CONSULT A REAL ESTATE ATTORNEY
AND RETAIN SUCH AN ATTORNEY THROUGHOUT THE ENTIRE HOME BUYING/BUILDING
PROCESS.
Use of Information
Any information submitted by you to
Champions Glen, L.P. and/or C&O Development, Inc. d/b/a
Trend Development may be shared with Champions Glen, L.P.’s
investors, lenders and consultants. Additionally, such information
will be shared with home builders authorized to build in
the Gleannloch Farms development. |