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DECLARATION OF PROTECTIVE COVENANTS
QUICKSILVER COURT SUBDIVSION
This DECLARATION OF PROTECTM COVENANTS (the "Declaration"),
effectivethisl'liltdayofV\akKCtl2010,ismadeandenteredintobythe
G.H. Daniels, tlt una C..g-o.y nasenUerg (collectively referred to herein as the "Declarant").
RECITALS
A. Declarant G.H. Daniels, III is the owner of that certain real property situated in Garfield
County, Colorado, known as Lots 4, 5, 6 and 7 of the Quicksilver Court Subdivision, as defined
below, a resubdivision of Lot 2, Grass Mesa Ranch.
B. Declarant Gregory Hasenberg is the owner of that certain real property situated in
Garfield County, Colorado, known as Lots 1,2 and 3 of the Quicksilver Court Subdivision, as
defined below, a resubdivision of original Lot 2A, Grass Mesa Ranch' Lots 4, 5, 6, and 7 are
collectively referred to herein as the "Property."
C. The Carfield County
said seven (7) lots onDlel4.
Board of County Commissioners approved the resubdivision of
via Resolution No.Joof, - 13 ff
D. The Properry is subject to the Governing Documents of Grass Mesa Ranch, including the
Declaration of Easements, Restrictions, and Covenants for Grass Mesa Ranch, recorded at
Reception No. 342693 on June 7, 1983, the First Amendment thereto recorded at Reception No.
471633 on December 2,7gg4,the Second Amendment thereto recorded at Reception No. 482601
on September I, 1995, the Third Amendment thereto recorded at Reception No.485187 on
November':-, lgg5, the Fourth Amendment thereto recorded at Reception No.489419 on
February 26, 1996, the Fifth Amendment thereto recorded at Reception No. 599775 on March
25,2OOi, the Correction to the Fifth Amendment recorded at Reception No. 602916 on May 7,
ZOO2,the 6th Amendment thereto recorded at Reception No. 637310 on September 25,2003, and
the 7ih Amendment thereto recorded at Reception No.650236 on April 15,2004, all of which are
recorded in the real property records of Garfietd County.
E. The Property is also subject to the Goveming Documents of the Grass Mesa Ranch
Homeowners' Association, including the Articles of lncorporation and Bylaws'
F. ln addition, Declarant has formed the Quicksilver Court Subdivision flomeowners'
Association, a Colorado non-profit corporation, to exercise the functions set forth herein and to
own, lease, hold, operate, "ur"
fo, and manage certain property - including the water distribution
system, Quicksilvei Court, and the Fire ProtJction, Utility, and Drainage Easement and Right-of-
Way - foi the common benefit of Owners and Occupants of Lots within, and of any other person
acquiring an interest in, the Property.
G. Declarant now desires to establish additional covenants, conditions and restrictions upon
the Property with respect to the proper use, occupancy, improvement, and enjoyment thereof, all
for the'purposes of Lnhancing and- protecting the value, desirabilify and attractiveness of the
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Property.
ARTICLE I
DEFINED TERMS
To supplement the definitions provided for in the Bylaws, the following terms shall have
the meaning ,.t fottt below; providedl however, that, except as otherwise specif,rcally provided
herein and in the Bylawr, uli i..rn, used herein shall have the same definition as in the Colorado
Common Ownership lnterest Act and the Colorado Revised Nonprofit Corporation Act:
1.1 Accessory Dwelling Unit or ADU. Accessory Dwelling Unit or ADU shall mean a
,.p*ut@eparatekitchen,steeping,andbathroomfaciIities,
attached or detached froir the primary residential unit, as more particularly defined in the
Garfield County Unified Land Use Resolution of 2008, as amended, and herein.
l.Z Act. The Act shall mean the Colorado Common Ownership Interest Act' codified at
C.R.S. $$ 38-33.3-107, et seq., as amended'
1.3 Allocate.d Interests means the Common Expenses liability and the votes in the
Association allocated to each Lot, as further described in Section 3.2.
1.4 Architectural Review Cornmittee or Corlmittee. Architectural Review Committee or
Committ"" ,reans the .o**ittt uppoi"ted by the Board of Directors for the purpose of
implementing the architecturul reriew provisions of this Declaration and architectural guidelines
for Ue Comriunity to insure proper use, appropriate Improvement, and harmonious additions'
alterations, and Improvements within the Community'
1.5 Assessment or common Expense Assessment. Assessment or common Expense
Ar*arr-rot rhuU i*lucle all common expense assessments, insurance assessments, utility
assessments, and any other expense levied to Lots pursuant to this Declaration or the Act'
including interest, late fees, attorney fees, ftnes, and costs'
1.6 Association. The Association shall mean and refer to the Quicksilver Court Subdivision
Homeowners' Association, its successors and assigtts'
| .7 Board of Directors or Board. Board of Directors or Board shall mean the body,
,"gu.dlffieGoverningDocumentstoactonbehalfoftheAssociation.
1.8 Common ElemenE of Qommon Area. Common Elements or Common Area shall mean
to the extent of th" Arr*iution'r interest therein: (a) all real and personal property, including
Improvements, now or hereafter owned or leased by the Association; (b) all Common Areas now
or'hereafter owned, leased or maintained by the Association, together with all improvements
thereon - including Quicksitver Court; (c) all easements created or reserved on any Plat or in this
Declaration, as amended, or in any separate agreement, for the use and benefit of the Association
Dec I aral ion of P ro r ect ive Cove nant s
Quicl<s i I ver C o urt Su bdiv is io n
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and/or the Owners, including the Public Utility Easement, Well and Utility Easement,
Quicksilver Court Right-of-*ay, and Fire Protection, Utility, and Drainage Easement; and (d)
the Water Distribution System, as defined herein.
L9 Common Expenses. Common Expenses shall mean and refer to all expenditures made
and liabilities incurred by or oo behalf of the Association, together with any allocation by the
Association to reserves.
1.10 Qomnlon Inter.est Community. The Common Interest Community or the Community
shall meal the Planned Community and its real property known as the "Quicksilver Court
Subdivision," as further defined by, and subject to, the Plat and the Governing Doouments, all of
which is located in Garfreld County.
1.1 1 Declaration. Declaration shall mean and refer to this Declaration of Protective Covenants
for the Qui.ttift ". Court Subdivision, as amended, recorded in the office of the Clerk and
Recorder of Carfield County, Colorado.
l.lZ Goyerning Documents. Govemi:rg Documents shall mean the Articles of lncorporation,
tt
"
gyt"*s, th" Declutution, the Plat, and any Policies and Procedures adopted by the
Association, as they may be amended.
I . l3 Improvement. Improvernent means any improvement, structural or otherwise, alteration,
addition,Gpait, "xcavation,
gfading, landscaping or other work which in any way alters any
property wiihin the Communlty, or the improvements located thereon, from its natural or
i*proura state existing on the date this Declaration, as amended, was first recorded, including,
bui not limited to, dwelling units, including ADUs, buildings, outbuildings, additions, -swimming
pools, patio covers, awninls, the painting, staining or other change ofany exterior surfaces of
any visibl. structure, walkways, outdoor sculpnrres or artwork, sprinkler or irrigation systems,
guiugaS, carpgrts, roads, driveways, parking areas, ponds, ditches, fences, screeningwalls,
i.tuiiing wills, stairs, decks, flag poies, frxtures, Iandscaping (including the addition, alteration
or removal ofany tree, shrub or other vegetation), hedges, windbreaks, plantings, planted trees
and shrubs, gardins, poles, signs, tanks, solar equipment, wind hamessing or other energy
generating aquip*"oi, exterior air conditioning, water softener fixtures, utilities, antermae and
iatellite dishis or receivers. Once an Improvement has been constructed or accomplished on a
property within the Community, any subsequent alteration of or addition to or removal of that
Improvement shall also constitute an Improvement hereunder.
I . 14 Lot. Lot shall mean and refer to any of the Lots shown upon the Plat of the Property'
together with all appurtenances thereto and improvements now or hereafter located thereon, with
the exception of the Common Areas'
1.5 Member. Member shall mean any Owner. The terms "Member" and "Owngr" may be
used interchangeably herein.
De clarat ion of Pro lect ive Covenan I s
Qu icl<s ilver C ourt Su bdivis io n
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l.l6 Notice. Except as otherwise stated in the Goveming Documents, Notice shall be made by
transmitting informafion by US mait or electronically - by facsimile, email or posting to a
website - to the Owner's mailing address, email address, or facsimile nurnber, as appropriate and
as it appears in the records of the Association. In addition, the Association shall post all such
noticei'in a conspicuous place, if possible. All notices to tbe Association or the Board shall be
delivered to the Association's Registered Agent, on record with Colorado's Secretary of State.
l.l7 Notice and Hearing. Notice and Hearing shall mean written notice delivered to an
Owner(ffi the last known address of record via certified U.S. Mail, retum receipt requested,
and an opportunity to be heard at a Special Meeting of the Board of Trustees, to be held no more
than five (5) business days after notice is given, The Notice shall include the Hearing date,
location, time, and agenda.
l , l 8 Officer. "Officer" shall mean any person designated as an Officcr of the association and
uny p..r* to *ho- the executive board delegates responsibilities under the Act, including,
wi-thout limitation, a managing agent, attorney, or accountiant employed by the executive board.
t , 19 Owner. Owner shall mean the owner of record title, whether one or more persons or
entities to any Lot which is a part of the Property, including contract sellers, but excluding those
having an intlrest merely as slcurity for the performance of an obligation. The terms "Member"
and "Owner" may be used interchangeably herein.
1.20 planned Communitv. Plannsd Communiry shall mean the Common lnterest Community,
which is not a condominium or cooperative.
l.2l Plat. Plat shall mean the Final Plat of thE Quicksilver Court Subdivision, recorded in the
real property records of Garheld County o"AhOla at Reception No.?Jf,dQin Plat Book 4/, '
Page r/i .
1.22 Property. Property shall mean the real property described herein, together with all
.ur.11r.G rights, anA appurtenances thereto and the buildings and Improvements erected or to
be erected thereon, all otwhich are located in Garfield Counry and further described in, and
subject to, the Plat and Governing Documents.
l.Z3 Policies and Procedures. Policies and Procedures shall mcan those policies, procedlres,
und -l"r und ."grlutior,r udopted by the Association, as required under the Act, at C.R.S. $ 38-
33.3-209.5(l)@t, and conceming: (i) Cotlection of unpaid assessments; (II) Handling ofconflicts
of interest inuifuing board members; (lII) Conduct of meetings, which may refer to applicable
provisions of the nonprofit code or other recognized rules and principles; (IV) Enforcement of
beclaration and rules, including notice and hearing procedures and the schedule of fines; (V)
Inspection and copying of association records by Lot Owners; (VI) Investment of reserve funds;
(Vft) frocedur"r ior the adoption and amendment of policies, procedures, and rules; and (VIII)
Procedures for addressing disputes arising between the association and Lot Owners'
Declaration of Prolective Covenanls
Quic lcs i lver Courl Su M ivis ion
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1.24 Shared well. shared well shall mean a well shared by two or more Lots' There are three
t:i Sfr"r"a W"ffr fo"ated within the Subdivision. Shared Wetl 1 (Permit No. 67567-F) shall
serve Lots l, 2 and 3; Shared Well 2 shall serve lots 4 and 5 (Permit No' 67565-F); and Shared
Well 3 (Permit No. 67566-F) shall serve Lots 6 and 7'
1.25 Single-Family Dwelling. Single-Famity Dwelling shall mean the primary residential unit
on each Lot.
l.26 Subdivision. Subdivision shall mean the Quicksilver Court Subdivision. Subdivision
shall mean CommunitY.
1.27 Water Distribution svstem. The water Distribution System shall be comprised of the-
st,a.,o@ributionlines,valves,easements,permits,andWestDivide
Water Conservancy ioniract No. 07021sGD(b). The Water Distribution System shall terminate
at the location of the totalizing flow meter on each Lot'
ARTICLE 2
TDENTIFICATION OF COMMUNITY
2.1 Na.tne and Type. The type of common Interest community is a Planned community.
The name of the planned Community is the "Quicksilver Court Subdivision'" The name of the
Association governing the Community is the "Quicksilver Court Subdivision Homeowners'
Association."
2.2 Property. The Planned community is located in Garfield county, colorado, which is
rnor. prrtiliilly described as Lots 1,2,3,4,5,6, and 7, Quicksilver Court l:bdiuitioo' ,r-. ,
u""o.din" to the plat thereof recorded in the real property records of Garfield County on 'UXOllO
at Recepiion No.lfSQ[f a resubdivision of Lots 2 ud 2A' Grass Mesa Ranch' All easements'
licenses, and other encttmbrances to which the Community is subjec! as of the date of
recordation of the Plat, are shown on the Plat or reflected in this Declaration.
2.3 Number of Lots. The number of single-family Lots initially created in the Community is
7.
2.4 Description of Lots. The identification of each Lot is shown on the Plat' Every conrract
for sale of a Lot, o, "u.frth.r legal instrument affecting title to a Lot, such as a deed, lease,
Security Interesi, or witl, shall leg-ally describe a Lot by ils identifying lot number' followed by
the name of the Communify, with rti"tent. to the Plat and this Declaration' as follows:
Lot _, euicksilver Court Subdivision, according to the Declaration of Protective
Covenants of the Quicksilver Court Subdivision, recorded in the real properry records of
Garfreld County o;
--,
at Reception No'_-.--, and the Final Plat'
recorded in the real pr"e.rty..*rds of Garfreld County on
--,
at Reception
No.
-,
a r"trbdivision of Lot 2lor 2Al, Grass Mesa Ranch'
Declarat ion of Prot ecl ive Covenanl s
Qu ic ks i I ve r C ourt Su bd iv is ion
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Said reference to the Declaration and Plat shall be deemed to include any supplement or
amendment thereto, without specific reference. Such description shall be construed to describe
the Lot, and to incorporate all rights incident to ownership of a Lot, and all limitations on such
ownership as described herein'
2.5 Owners' Easements of Enjoyment. Every Owner, including the Owner's family, tenants'
ond gu.rtr;hu1 buur u rigirGnalu!"r*"t of enjoyment in and to any Common fuea. Such
easeirent .t utt U, appurteiant to and shall pass with the title to every Lot, subject to the
following provisions:
(a)therightoftheAssociationtopromulgateand-publishPoliciesand
Procedures, and i.ules and Regulations, with which each Owner and their tenants,
invitees, licensees and guests shall strictly comply;
(b) the right of the Association to suspend the voting rights and after Notice and
Hearing, it. tighito use any Common Area, during any period of violation;
(c) the right of the Association upon approval of at least seventy percent (70Yo) of
the Owners, to m-ortgage the Common Area aJ iecurity, provided that the rights of such
mortgage shall be subordinate to the rights of the Owners;
(d)theright,power,andauthorityoftheAssociationto$antanyeasement
right-of-way, tice"nse, tease, dedication, tiansfer or conveyance or grant of any similar
interest affecting any Common Area: and
(e)therightoftheAssociationtocloseorlimittheuseofanyCommonArea
while maintainin-g, repairing and making replacements in any Common Area.
ARTICLE 3
THE ASSOCIATION
3.1 Membership. As further explained in the Bylaws of the Association, every record Owner
otu fo int"."rt i*y Lot subject to this Declaration shall be a member of the Association'
Membership shalt he appurtenant to and may not be separated from ownership of any Lot'
.
Ownershiptf such Loisfralt be the sole quaiification for such membership' Each Lot-shall be.
allocated one (1) vote which shall be cast as a single vote and shall not be subject to fractional
voting. To this end, regardless of the number of dwelling units, including ADUs, built up-on any
Lot, tf,e Lot shall Ue eriittea to only one (1) vote. No votes allocated to a Lot owned by the
Association may be cast.
3.2 Allocated lnterests. The Allocated lnterests, the Common Expenses liability and the
uot., in-the Arso.iutffilocated to each Lot, are based on the total number of votes in the
Association. Each Lot shall have an Allocated Interest of l/7 regardless of the number of
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dwelling units built thereon.
3.3 Association Management of Comm_gn.Elements. ln accordance with Articles 4 and 6, the
Association shall operate, install, repair, replace, and maintain the Subdivision's Common
Elements, including the Water Distribution System, the Fire Protection System, public utilities
dedicated on the Final Plat, and Quicksilver Court for the common benefit of Owners and
Occupants of Lots within the Subdivision.
3.4 Easements.
(a) The Declarant has granted to the Association, by separate recorded
document, as shown on the Plat, the following easements:
i. Public Utility Easements. The Association shall have:
a. A ten-foot (10') wide, nonexclusive, perpetual easement over,
across, and through Lots 3, 5, 6, and 7 for public utilities along
each side of Quicksilver Court, including but not limited to,
water, electric, gas, telephone, and cable, together with the
right ofingress and egtess to install, construct, operate,
maintain, and repair the said public utilities.
b. A twenty-foot (20') wide, nonexclusive, perpetual easement
over, across, and through the Property for public utilities,
including but not limited to, water, electric, gas, telephone, and
cable, together with the right of ingress and egress to install,
construct, operate, maintain, and repair the said public utilities.
c. A forty-foot (40') wide, perpetual, non-exclusive easement
over, across, and through Lots 2 and 3 for public utilities,
including but not limited to, water, electric, gas, telephone, and
cable, together with the right of ingress and egress to install,
construct, operate, maintain, and repair the said public utilities.
ii. Well and Utility Easemsnt. The Association shall have a twenty-
foot (20') wide, nonexclusive, perpetual easement over, across, and
through the Property for wetls and appurtenant utilities, together with the
right of ingress and egress to install, construct, oPerate, maintain, and
repair the Water Distribution System.
iii. Fire Protection. Utility. and Drainage Easement. The Association
shall have a nonexclusive, perpetual easement for fire protection, utilities,
and drainage over, across, and through Lots 5, 6, and 7 to Quicksilver
Pond, together with the right of ingress and egress to install, construct,
D ec laration of P rolective Cove nan ts
Quick i lver Court Su bdiv is ion
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operate, maintain, and repair utilities and drainage'
(b)Inaddition,theDeclarantgrantsthefollowinggeneraleasements:
i, Associ?tion's Easement of Access and Use. The Association shall
lave an easiment ofaccess and use over and across each Lot as necessary
to the performance of obligations in this Declaration; provided, however,
that this easement and use thereof shall not unreasonably interfere with or
impair the use of any Improvements constructed on any Lot and shall be
exercisedonlyafterreasonablenoticetotheowneroftheLot.
ii.GeneralEmerg,ency.Easements.TheAssociation,andallpolice,
sheriff,fireprotection,ambulance,andothersimilaremerSencyagencles
orpersons'no*o'hereafterservicingtheCommunity,shallhavea
nonexclusire easement for ingress and egress to enter upon any part ofthe
Community in the performance of their duties'
ARTICLE4
ASSESSMENTS
4.1 Personal Obligation to Pay Assessments for Common Expenses. Each [,ot' and each
owner,byacceptanc"offishallbesoexpressedin.anysuchdeed
or othcr.tnr.y*"", shall be deemed to covenant and agree to pay t9 the Association
Assessments for Common Expenses and such other Assissments as imposed by the Association'
Such Assessments, including iees, charges, late charges, attorney fees, fines and interest charged
Uy it " etro.iation shall b. [" p.ironuiobligation oi th" O*n"r of such Lot at the time when the
Assessment or other charges became due. Aisessments for Common Expenses as imposed by.
the Association, includinf fees, charges, late charges, attomey fees, fines and interest charged by
the Association, shall be i charge orieach Lot and shall be a continuing lien upon the Lot against
which each such Assessment or-charge is made. If any Assessment is payable in installments'
the fuu amount of the Assessment is-a lien from the time the first installment becomes due' The
personal obligation to pay any past due sums-due the Association shall not pass to a suc'cessor in
iitl" unless eipressly ,r.rr.a by ttrem. No Owner may become 9x_em!t from liability for
payment of thi Assissments by waiver of the use or enjoyment of the Common Areas or by
ubundo.r*ent the Lot against *t i.t tt . Assessments are made. All Assessments shall be
payable in the amountr"pl.in"a in the levy thereol and no offsets or reduction thereof shall be
permitteA by any reason including, withoui limitation, any claim that the Association or the
'noard is noi properly exercising its duties and powers under this Declaration.
4.2 Purpose of Assessments. Any Assessments levied by the Association in accordance with
this Article 4 shall u. o;a-m--tt. pr-opot" of promoting the health, safety, convenience, and
!.nerat welfare of the Owners, including improvement and rnaintenance of the Common
Elements and of the services and facilitiis located within the Subdivision' Proper use of
Assessments includes, but is not limited to:
Decl a rat io n of P rotect ive Cove nants
Q uic l<s ilve r Courl Su bd iv is io n
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(a) lnstallation, repair, replacement, and maintenance of the Common Elements;
(b) [nstallation, maintenance, and repair of Quicksilver Court (including snow
removal);
(c) Management of weeds along Quicksilver court and of the common Elements;
(d) Procurement and maintenance of insurance;
(e) Establishment and maintenance of reserves for repair, maintenance, taxes, and
capital improvements; and
(0 Operation of the Association in carrying out its rights, duties, and obligations
hereunder.
4.3 Anqrlal Levy of Assessments. Assessments may be made on an annual basis against all
hts ana stratt Ue basea upoo tir" essociation's advance budget of the cash requirements needed
by it to provide for the administration and performance of its duties during such Assessment
y"ur. fir" budget shall be submitted to the Owners for ratification pursuant to the Act and as set
iorrf, io the Byiaws, as amended. Assessments, apportioned based on the Allocated Interests,
shall be due and payable in monthly, qua(erly, or annual installments, or in any other manner, as
deterrnined by thl Board. The omission or failure of the Board to levy the Assessment for any
period shall not be deemed a waiver, modification or a release of the Owners from their
obligation to pay,
4.4 Apportionment of Common Expenses. Except as provided in this Declaration, all
Assessmilts, inctuaing Sprci"t nssessments, for Common Expenses shall be assessed against all
Lots in accordance wittr ttre formula for liability for the Common Expenses as set forth in
Section 3.2.
4.5 Special Assessments. tn addition to the annual Assessments authorized above, the
Arro"iu|[on111uy levy, i" any Assessment year, a special Assessmenl applicable to that year only
for the putpott of a#aflng, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of tit. Cotn*on Areas, including fixtures and personal properry relate{
thereto, o, io, uny other purpose deemed necessary and appropriate by the Board; provided that
any such Assessment shall have the assent of the majority vote of the Owners at a properly
noticed meeting.
4.5 Default Assessments. AII monetary fines assessed against an Owner pursuant to the
Goveming Documents, or any expense of the Association which is the obligation of an Owner or
which is incuned by the Association on behalf of the Owner pursuant to the Governing
Documents, shall bi a Default Assessment and shall become a Lien against such Owner's Lot
which may Le foreclosed or otherwise collected as provided in this Declaration. Notice of the
Declaration of Protect ive Covenanls
Qu ic l,"s ilver Court Su bd iv is ion
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amount and due date of such Default Assessment shall be submitted to the Owncr subject to such
Assessment at least ten (10) days prior to the due date.
4,6 Lot Specihc Assessments.. ln addition to the Assessments discussed above, the
Association Jhall have the right to levy those amounts expended by the Association for the
benefit of any individual Lot and the Owner thereof, including, but not limited to: a) {ines,
improvemeni, repair, replacement and maintenance of a Lot that an Owner has failed to perform
(after notice as piovided in this Declaration); and b) improvement, repair' replacement and
maintenance toihe Common Area caused by the negligent or willful acts of any Owner, his
guests, employees, licensees, lessees or invitees.
4.7 Effect of Non-Payment of Assessment. Any Assessment, charge or fee provided for in
his Declaraiion, or any monthly or other installment thereof, which is not fully paid within ten
(10) days after the due date hereof, as established by the Board, shall bear interest at the rate
establiihed by the Board, on a per annum basis from the due date. In addition, the Association
may assess a reasonable late charge thereon as determined by thc Board. Failure to make
payment within sixty (60) days of the due date thereof shall cause the total amount of such
bwner's Comrnon Expense Assessment for the remainder of that fiscal year to become
immediately due and payable at the option of the Board. Further, the Association may bring an
action at law or in equity, or both, against any Owner personally obligated to pay such overdue
Assessments, chargei or fees, or monthly or other installments thereof, and may also foreclose
on its lien against iuch Owner's Lot. An action at law or in equity by the Association against a
[.ot Owner to recover a money judgment for unpaid Assessments, charges or fees, or monthly or
other installments thereof, may be commenced and pursued by the Association without
foreclosing, or in any way waiving, the Associations lien therefor. Foreclosure or attempted
foreclosuri by the Association of its lien shall not be deemed to estop or otherwise preclude the
Association from thereafter again foreclosing or attempting to foreclose its lien for any
subsequent Assessment, charges or fecs, or monthly or other installments thereof, which are nor
fully paid when due. The Association shall have the power and right to bid on or purchase any
Lot at a public auction or other legal sale, and to acquire and hold, tease, mortgage, convey or
otherwise deal with ths sane. If a foreclosure action is filed to foreclose any Assessment [ien, and
an Owner abandons or leaves yacant his or her lot, the Board may take possession and rent said
Lot or apply for the appointment of a receiver for the Lot without prior notice to the Owner. The
rights oiihe Association shatl be expressly subordinate to the rights of any holder of a first lien
Security Interest as set forth in its deed of trust or mortgage (including any assignment of rents),
to the extetrt permitted under the Act.
4.8 Lien Prioritv. The lien of the Association under this Section is prior to all other liens and
encumbrances on a Lot except: (1) liens and encumbrances recorded before the recordation of
the Declaration; (2) a first lien Security Interest on the Lot (except as allowed by the Act with
regard to the limited lien priority allowed to the Association); and (3) tiens for real estate taxes
ani otlr"r governmental assessments or charges against the Lot, This Section does not affect the
priorify of mec*ranics' or materialmen's liens, The lien of the Association under this Article is
not subject to the provision of any homestead exemption as allowed under state or federal law'
Declara!ion of Protective Covenanls
Qu ic ks i lve r Cour t Su bdiv is io n
Page l0
I I I I ifi I llt [J/ r lil lr I h I I t fl I [^1, ld ['i l*! I Ht' l] il, lll { I I I I I
Rcceptionff : 7ASO77
O4126t261@ 11:11 00 Am Jean Albcrrcq'll ol 25 Rsc F.e:$136.0@ Doc Fee:0.o0 GARFIELD CoUNTY C0
Sale or transfer of any Lot shall not affect the lien for said Assessments or charges except that
sale or transfer of any Lot pursuant to foreclosure of any first lien Security lnterest, or any
proceeding in lieu thireof, including deed in lieu of foreclosure, or cancellation or forfeirure shall
lnly extinluish the lien oiArr.rr*-"nt charges as provided by applicable state law' No such sale'
transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu offoreclosure' nor
cancellation or forfeiture shall relieve any Owner from continuing liability for any Assessment
charges thereafter becoming due, nor from the lien thereof'
ARTICLE 5
COVENANTS A}ID RESTRICTIONS OF USE, ALIENATION, AND OCCUPANCY
5.I Traffrc lmnact Fee. A Traffic Impact Fee of $2,760 per Lot is due to Garfield County at
the time each OwneFubmits a building permit application for a Single Family Dwelling'
Declarant has paid fifty percent (50%) oithe Traffic-Impact Fee due for each Lot to Garfield
County prior to upprorul'of the Plat. Each Owner is responsible for paying to Gar-field lounty
tfre remaining fifty percent (50%) of the Trafhc Impact Fee for his or her Lot ($ 1,380 per Lot), at
the time of the Owner's submission of a building permit application. At the time of subdivision,
Declarant has already built a Single Family Dwelling on Lot 3, which is exempt from said
Traffic Impact Fee. 'iherefore, Loti 7,2,4, i, 6, *d 7 shall each pay $1,380 to Garfield County
at the time of the Owner's submission of a building permit application.
5.2 Single Family Residential Use Only. The Property is intended to be developed for single
family residential purposes only.
(a) No more than one (1) detached Single Family Dwelling shallbe permitted
on each Lot, subject to permitting requirements of Garfield county.
(b) An Owner may build an Accessory Dwelling Unit on each Lot only after
obtaining a Land Use Change Permit from Garfield County. An ADU shall not exceed
1,500 square feet and shaf not be conveyed separately from the Lot to which it is
apPurtenant.
(c) No structure of a temporary character, trailer, basement, tent, shack,
garage, Lu* o. any other outbuildings ofany description shall be used on any Lot, except
on a temporary basis during construction of a residential dwelling and for a period not
exceeding r*.iu" (12) months; except that pre-built modular homes are acceptable upon
meeting ihe requirernents described herein if such modulars are placed on a permanent
crawl-space or basement foundation'
5.3 Re-Subdivision Prohibited. The re-subdivision of any Lot is prohibited'
5.4 Utilitv Lines. No new gas lines, light and power lines, telephone lines or television cable
st utt Ue permittea unless said-lines are buried underground and out of sight from their primary
source at the lot line to the dwelling and at the Owner's expense'
Declaratiott of Proleclive Covenants
Qu icks ilver Court Subdiv is ion
Page I I
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5.5 Sewaee Disposal. Each residence shall contain at least one (l) fully equipped bathroom,
and all sewage shall be disposed of by means of an individual sewage disposal system ("ISDS").
Owners shall maintain such treatment facilities in good operating condition. Each ISDS shall be
designed by a professional engineer registered in the State of Colorado, pursuant to C.R.S' $ l2-
25-11 1, and shall adequately address the soil percolation conditions present at the Lot site, which
percolation rates shall be verified through appropriate on-site testing. Each Owner shall submit
in" 1SOS design to Garheld County at the time of submission of his or her building permit
application.
5.6 Pomestic Animals. One (1) dog shall be allowed for each residential unit and the dog
shall be required to be confined within the owner's property boundaries'
5.7 Non-Domestic Anilnpls. An Owner may own or keep non-dornestic animals - including
horses, sheep, and chickens - subject to the limits contained in this Subsection 5.7, within a one-
acre disturbance envelope located more than one hundred (100) feet from any dwelling unit,
including ADUs, and all property lines. Pursuant to General Use Well Permits 67565-F and
67566-F, Lots l, 2 and 3 may water up to three (3) non-domestic animals on each Lot; Lots 5, 6,
and 7 may water up to h/vo (2) non-domestic animals on each Lot. This restriction applies per
Lot, regardless of the number of dwelling units built thereon,
5.8 Maintenance of Properf.v.
(a) Each Owner shatl keep the same clear and free of rubbish and trash and
shall keep the structules thereon in good repair, doing such maintenance as may be
required for this purpose. No buming of rubbish is allowed.
(b) No noxious or offensive conduct or activiry shall be carried on upon any
Lot or in any structure thereon which may constitute a health hazatd, odor, noise
disturbance, nuisance or aruloyance to the neighborhood so as to unreasonably interfere
with or disturb the use, enjoyment and access to any other occupant of the Lots.
(c) Clotheslines, equipment, garbage cans, service yards, woodpiles or storage
areas shall be adequately screened by planting or solid six-foot (6') fencing to conceal the
same from view of neighboring lots and streets.
(d) No trash, ashes, garbage, rubbish, debris or other refuse shall be thrown,
dumped or allowed to accumulate on the Lots. Each Owner shall provide suitable
receptacles for the temporary storage and collection of refuse. All such receptacles shall
be screened from the public view and protected from wind, animals such as raccoon and
bear, and other disturbances.
(e) The foliage and vegetation on each Lot shall be developed and maintained
in consideration the United States Forest Service and Colorado State Forester Wildfire
Declaral ion of P ro I ec I ive Cove nanl s
Qu ic ks il ver Courl Su bdiv is ion
Page 12
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ReceotionH i 7A5O77
aqtzalt2otg 11:'l 1:00 Al'l Jean Alb.rrcoie oi'20 ncc Fer,itga.@0 ooc Fear@.@0 GARFIELo GoUNTY C0
Prevention guidelines. l,andscaping and maintenance of lawns and gardens are
encouraged. To prevent hay fires, Owners shall cut hay as necessary and properly
dispose offorage.
5.9 Weed Management,
(a) Responsibility of Owners. Owners shall maintain the surface of alt Lots in
a condition which will minimize the risk of soil erosion and weed infestation, Owners
shall landscape, restore, or revegetate with weed free seed and mulch all excavations,
fiIls, and other construction which disturb the existing vegetation. Further, Owners shall
not intentionally introduce weeds or invasiye plant or animal species to their [nts, and
shall control noxious weeds and invasive species on their Lots in accordance with federal,
state and local laws and regulations.
(b) Responslbility of Association. The Association shall maintain all
Common Areas and roadsides, including Quicksilver Court and the Fire Protection,
Utility, and Drainage Easement and fught-of-Way in a condition which will minimize the
risk of soil erosion and weed infestation. The Association shall laudscape, restore, or
revegetate with weed free seed and mulch all excavations, fills and other construction
which disturb the existing vegetation. Further, the Association shall not intentionally
introduce weeds or invasive plant or animal species to the Common Areas or roadsides,
and shall control noxious weeds and invasive species on said properly in accordance with
federal, state and local laws and regulations.
5.10 Vehicles.
(a) All motor vehicles must be cunently licensed and operational.
(b) No vehicles, boats, campers, trailers, snowmobiles or other such
recreational vehicles or devices shall be stored or permitted to remain for more than three
(3) continuous days on any Lot unless the same are stored from view in a garage or
screened from view from adjacent Lots and Roads with six-foot (6') solid fencing. In
addition, all vehicles, boats, campers, kailers, snowmobiles or other such recreaiional
vehicles or devices shall be stored in a manner not to obstruct neighboring view lines, or
become a nuisance or annoyance to the neighborhood or otherwise unreasonably interfere
with or disturb the use, enjoyment and acccss to any other occupant of the Quicksilver
Court Subdivision.
5.ll Fuel-Burnine Stoves, No open-hearth solid-fuel fireplaces shall be permitted; provided,
however, that one (l) new solid-fuel burning stove shall be allowed in each dwelling unit. All
dwelling units are permitted an unrestricted number of nahral gas burning stoves and ippliances.
5-12 Liehting. Exterior lighting shall be installed in the minimum amount necessary, and all
exterior lighting will be directed inward and downward toward the interior of the property;
Dec I aral i o n of P ro I e ct ive Covenants
Qu ic l<s i lver Co u rt Su bd iv is ion
page 13
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provided, however, that exterior safety
shall be allowed.
5.13 Siens. No billboards, signs or other advertising devices of any nature shall be erected'
ptaced,ia-intained or permitte{ provided that this reshiction shall not be construed to prevent
appropriate name and uddr.rs signs and signs that advertise property for sale or rent insofar as it
ii necissary to promote the sale and development of such properties.
ARTICLE 6
WATER
6.1 The Water Distribution System'
(a) Residential I-Jse. The Water Distribution System shall be used for the
exclusive benefit ofthe Lots, and for the exclusive use of fire protection, storage,
domestic, irrigation of lawn and garden, and livestock watering purposes. only the Lots'
and the dwelling units located thJreon, sball be permitted to receive water from the Water
Dislribution Syslem. No other persons, other tlan household guests, shall take, draw, use
or receive water from the Watei Distribution System' In addition, such use must be
residential in nature - agricultural uses, other than permitted domestic livestock watering'
and commercial uses, other than home occupations, are prohibited.
(b) use Limitaliorzs. The combined average annual amount of ground water
to withdiawn from the Shared Wells shall not exceed 8.34 acre-feet.
i. Lot I shall draw water from Shared Well No. I (also known as Hasenberg
Well No. l), permit No, 67567-F. Use shall be limited to ordinary household
purposes #id, on. (l) single-family dwelling and one (l) ADU; the inigation of
lawn an6 turdens of not mire than i,000 square feet; and the watering of three (3)
animals. ihe pumping rate shalt not exceed 15 gallons per minute.
ii. Lot 2 shall draw water from Shared Well No. I (also known as Hasenberg
Well No. l), permit No. 6756?-F. Use shall be limited to ordinary household-
purposes inriar on" (l) single-family dwelting; the inigatiou of lawl and gardens
of not more than 7,000 squire feet; and the watering of three (3) animals' The
pumpiug rate shall not exceed 15 gallons per minute'
iii. tot 3 shall draw water from Shared well No' I (also known as Hasenberg
Well No. l), permit No. 67567-F. Use shall be limited to ordinary household
purposes ioria" on, (1) single-family dwelling; the inigation of lawn and gardens
of not more than 7,000 square feet; and the watering of three (3) animals. The
pumping rate shall not exceed l5 gallons per minute'
lighting that extends beyond the Property boundaries
iv. Lot 4 shall draw water Shared well 2 (also known as Daniels well No. 2),
Decl aration of P ro t ect ive Covenants
Quicl<s ilver Courl SubdiYision
Page 14
ll I tfi I ttltJlrlll\ltflll l'+fl llil Hf fJil,f L+t i lll 0 lll'{ I ll I
Rcceot lon$ : 185077
oqtzdtzo'lg 11 :11:@@ All Jean Alb.ricols 5i 2e nec rce,iigo.oo ooc Fce:@.o0 GARFIELD CoUNTY c0
Permit No. 67565-F. Use shall be limited to ordinary household purposes inside
one (l) single-family dwellings and one (l) ADU; the irrigation of lawn and
gardens of not more than 7,000 square feet; and the watering of two (2) animals.
The pumping rate shall not exceed l5 gallons per minute. The remainder of the
water shall be used by the Association to fill and refill and replace evaporation of
Quicksilver Pond each year.
v. Lot 5 shall draw water Shared Well2 (also known as Daniels Well No. 2),
Permit No. 67565-F. Use shall be limited to ordinary household purposes inside
one (l) single-family dwellings and one (1) ADU; the irrigation of lawn and
gardens of not more than 7,000 squrre feet; and the watering of two (2) animals.
The pumping rate shall not exceed I 5 gallons per minute. The renminder of the
water shall be used by the Association to fill and refill and replace evaporation of
Quicksilver Pond each ycar.
vi. Lot 6 shall draw water from Shared Well No. 3 (also known as Daniels
Well No. l), Permit No. 67566-F. Use shall be limited to ordinary household
purposes inside one (l) single-family dwellings aDd one (l) ADU; the irrigation
of lawn and gardens of not more than 7,000 squue feet; and the watering of two
(2) animals per lot. The pumping rate shall not exceed 15 gallons per minute.
The remainder of the water shall be used by the Association to fill and refill and
replace evaporation ofQuicksilver Pond each year.
vii. Lot 7 shall draw water from Shared Well No. 3 (also known as Daniels
Well No. l), Permit No. 67566-F. Use shall be limited to ordinary household
purposes inside one (l) single-family dwellings and one (l) ADU; the irrigation
of lawn and gardens of not more than 7,000 square feet; and the watering of two
(2) animals per lot. The pumping rate shall not exceed l5 gallons per minute.
The remainder of the water shall be used by the Association to fill and refill and
replace evaporation ofQuicksilver Pond each year.
Any Owner exceeding this allocation shall be subject to restricted consumption as well as
a surcharge imposed by the Association which shall not exceed triple the amount of the
current Anaual Water Fees. Any Owner who wishes to expand the use, amount, or
location of the groundwater taken from the Shared Well serving their Lot shall bear the
cost and expense of doing so, including amendment of the WDWCD Contract.
(c) Construction, Installation, Operation, Maintenance, andRepair.
i. Responsibility of the Declarant. Declarant shall design,
construct, install, and permit the Water Distribution System, enter into
contracts on behalf of the Association, and initially complete the system so
that it provides water to each Owner's Lot, which includes installation of
water pumps on each Shared Well and totalizing flow meters on each
Dec I arot io n of P roleclive Co venan t s
Qu i c ks i I v e r, * r, * Uf:
;):
r,1
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rttr FJI I llth il+r, Ilfl ,l I' l, L+H Llli I #l lttr' l{l' { I I I I I
F, ,,j,tid'"fll i ;i:',1?16T*' ;:: F*: 6 I as G.RF r ELo couNry c o
service line. once the system is placed in operation, and before the sale of
anyLotinthesubdivisi-on,Declarantshallconveythesystemtothe
Association.
ii. Responsibility of the Association.
l.GeneralDuty.Exceptasotherwisedescribedherein'once
th" ,yrton it plut.d in operation, the Association shall bear the
costiassociatia wittr the maintenance, operation, and repair of the
WaterDistributionSystem,includingpiping,meters,thewellshed'
andallotherimprovementslocatedateachwetlsiteuptothepoint
where totalizing flow metors are installed on each Lot's service
line,otherthanwaterpumps'asaddressedbelow.TheAssociation
shall assess the cost oisuch maintenance, operation, and repair to
eachownerbasedonproratause.Forexample,thismeansthatif
the water meter for shired well No. 1 fails, the Association shall
assess the cost to replace or repair said water meter against the
Owners of Lots 1,2, and 3 in equal shares'
a. Water Pumps. The cost to repair and replace water
pumps shall be borne by the Association, which shall assess
ihe cost of such maintenance, operation, and repair to each
Owner based on pro rata use. Ilowever, because the water
pump on Shared Well Nos. 2 and 3 also fill Quicksilver
i'ond to the required Minimum Storage Requirement,-the
Association stritt Ue solely responsible for one-half of the
cost to repair or replace the water pumps on Shared Well
Nos. 2 and 3' For example, this means that if the water
pump on Shared Well No. 2 fails, the Association shall
assess the cost to replace or repair said water pump against
all Lots as to one-halfofthe cost and against Lots 4 and 5
as to the other one-halfofthe cost.
2. Electric Meters. The Association shall install an electric
meter on each Shared Wel[.
3. Reporting to WDWCD. The Association shall report water
urug" uffiully to the West Divide Water Conservancy District
pursuant to Contract No. 070215GD(b).
4. Electriciw. The Association shall bear the cost of
electricffii euch Shared Well. The Association shall assess said
cost to Owners based on their pro rata use as shown through
quarterly flow meter readings. The Association shall be solely
Dec I ara I ion of Prolect ive Cove nan ts
Qu i c l<s il ve r, *" t*
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6.2
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responsible for the cost of the electricity to refill Quicksilver Pond,
as discussed below, as shown through quarterly pond meter
readings, which cost shall be assessed against each Owner in equal
shares.
Responsibllity of the Owner.
L lnfrastructure. The cost of laying, construction"
maintenance, modification, use, inspection, repair, replacement,
substitution, and./or removal of service lines on each lnt shall be
the sole responsibility of the Owner of the Lot served by such line.
2. Storage Tanks. Each Owner shall install, bury, maintain
and repair a storage tank, with a capacity to hold at least 1,000
gallons, on his Lot to serve his dwelling units - and at his sole cost,
Garfield County will require proof of installation of said storage
tank prior to issuance of a Certificate of Occupancy for any
dwelling units. Neither the Association nor the Developers are
responsible for installing, burying, maintaining, or repairing said
individual storage tanks.
(d) System Manager. If necessary, the Association may appoint and provide
compensation to a System Manager, who need not be an Owner. The System Manager
shall operate and maintain the System; maintaining the books and records; making
necessary meter readings, and performing all the other necessary duties. The System
Manager shall be appointed and removed in accordance with the Association's
Governing Documents.
Ouicksilver Pond.
(a) Fire Protection Use: The Association shall operate, maintain, and repair
Quicksilver Pond to the extent recessary for Fire Protection purposes only.
(b) Private Ownership: Quicksilver Pond is wholly located on Lots 5 and 6
and privately owned by the Owners of said Lots. Except in the event of a fire or other
System emergency, no other Owners shall have access to or use of the Pond for irrigation
or personal or recreational use at any time.
(c) Constraction, Installation,Operation, Maintenance,andRepair'.
i. Responsibility of the Declarant.
l. Construction and lnstallation. Declarant shall design,
construct, install, and permit Quicksilver Pond.
Decl aration of P rotecl ive Covenan ls
Qu ic ks i I ve r, * r, * U
!:;):1;
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u.
l.
2. Initial Fill. Declarant shall initially fill the Pond to the
September I Quarterly Elevation Mark, as explained below, prior
to iecordation of the Final Plat. Declarant may use Shared Wells
Nos. 2 and 3 for said initial fill.
Responsibility of the Association'
Refill. The Association shall incur the cost of all subsequent refills of
ttr" Minirnutn Storage Requirement, defined herein. More specifically,
to comply with Rifle Fire Protection District requirements, the
-
Association shall maintain at least 195,000 gallons of water in the
Pond year-round at an elevation of 6,239.3 feet ("Fire Protection,
Water;') plus quarterly evaporation. The Fire Protection Water plus
quarterly evaporation is refened to herein as the "Minimum Storage
Requirement."
If the Pond is maintained for the Minimum Storage Requirement, the
Association shall refill the Pond to the Quarterly Elevation Marks
designated on the Pond, as follows:
However, if the Pond is maintained at its maximum storage capacity,
then lhe Quarterly Elevation Marks shall not operate as indicators of
lost evaporation. To this end, in such an event, the Association shall
replace only those gallons lost to evaporation without regard to the
Quarterly Elevation Marks.
Primarity, the Pond shall be filled by Shared Well Nos. 2 and 3'
However, if either of said wells is determined to be producing less
than 2 gpm of water, then the Association shall pay to refill the Pond,
as requiied for fire protection purposes only, including replacement of
aoouat evaporation, from either the Shared Well 1 or some other
source.
2. Pond Meter. The Association shall also install and maintain a separate
metering device near the Quicksilver Pond to track refills of the same
("Pond Meter") from its water source. Therefore, the well(s) from
which the Pond is filled shall have two meters on the distribution line:
Declara t ion of P ro lect ive Covenanls
Qu ic ks i lver Court Subdiv isio n
Page 18
DATE OF FILL ELEVATION OF FILL (FEEI)GALLONS
June 1 6,240.91 92,079
September I 6,240.09 42.t18
December I 6.239.65 18,092
March 1 6.240.30 54,103
(u)
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one to meter domestic, irrigation, and stockwatering uses - and one to
meter refills of the pond. ihe pond Meter shall be instatled in a vault
below frost line to insure service during winter months ("Pond
Vu"ft"l. Currently, the Association fills and refills the Pond with
Shared Well 2 (aka Daniels Well No' l, Permit No' 65765-F) and
Shared Well 3 iaka Uaniels Well No' 2, Permit No' 67566-F)' The
distribution lines from each of these wells meet in the Pond Vault' at
*if.f, p"i", one distribution line, metered by the Pond Meter' services
thepond.IntheeventtheAssociationusesotherwellstorelrllthe
Pond in the future, the Association shall move the Pond Meter or
i;r"li; separate metering device in a similar vault to track refills of
the same.
iii. Responsibility of Owners of Lots 5 and 6'
L lrrisation. To simpliff administration and maintenance of
quirtritFona, lots 5 and-6 shall primarilyirrigate loy ft:'rt
rispective wells. Regardless, Lots 5 and 6 shall maintain the right
to inigate from the Pond.
2. Meters. ln addition to the totalizing flow me1e1-installed.on
each ShareO Well, if Lots 5 and 6 inigate from Quicksilver Pond'
said Owners must install meters on their irrigation lines originating
in the Pond. Lots 5 and 6 shall meter all water drawn from the
Pond for its sole benefit, and provide monthly meter readings to
the Association from May through October of each year'
3. Replacement of Depletions' Any depletions from
(ui"rciffigation orother personal use by the
d*rrc of Lots 5 and 6 snAt Ueieptaced by said Owners at their
sole cost.
i. Timine of Refills' Lots 5 and 6 shall replace all
irrigutiffidru*n from Quicksilver Pond at least on a
quirrerly basis. Such rehll of Quicksilver Pond to replace
irrigation water shall occur before the Association refills
Quicksilver PonJ on a quarterly basis' on March l'" June
1:', September 1tt, and December ltt'
6.3 Water Fees. In addition to the Assessments discussed above, each Owner shall pay to the
Association the following wui". rrrr, which are non-refundable, as more particularly discussed
in the Associations Rules and Regulations'
one-TimePondMainrenanceFee.Eachownershallpaytothe
Dec larat ion of P rotect ive Covenants
Qu icks ilve r Cour t Sub div ision
Page 19
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Association a one-time pond Maintenance Fee, per lot, before using any well or the water
distribution system, as established in the Association's Rulcs and Regulations' For all
Lots sold by beclarant, the pond Maintenance Fee is due at closing.
(b)AnnualWaterFee.EachownerusingwaterfrgmaSharedWellserving
more than on" (r) Iot, inctuding Declarant, shall pay the Association an Annual water
Fee per dwetting;ii as establ]shed in the Associaiion's Rules and Regulations' The
Annual water Fee shall be dus on January l5th each year' For all Lots sold by Declarant'
a pro-rated water Fee shall be due at closing for the curr-ent y:a-J- The Annual water Fee
is non-refunduUte, eren if an Owncr disconn-ects from a Shared Well during any year in
which he has already paid the Annual Water Fee'
(")Annualstand-ByFee.ownerswhoarenotyetusingwaterfromthe
System it ott puy the Associatiln an Annuat Stand-by Fee, as establishcd in the
Association's Rules and Regulations within thirty (30) days of closing on his Lot and on
i"r,;-;;;;ieactr year thJreafter UNLESS AND LTNTiL said owner drills a well to
serve his residence on his or her Lot. Under all other circumstances, the Annual Stand-
By Fee is due each year as provided herein'
6.4 Future Permitting and Auementation of Svstem'
(a) New well Permits. TheDivision of water Resources has issued Permit No'
67567-F for shared well l, Permit No, 67565'F for Shared well 2, and Permit
No. 67566-F for Shared well 3. If the State requires that the permits be re'issued
to allow new and/or additional uses as the Subdivision requires, the Association
shall bear the cost of obtaining said well permits'
(b) Augmentation water. water use and associated depletions are augmented by
WDWCo Contract No. 07021sGD(b). The Association shall bear the cost to
obtain all necessary amendments to the WDWCD Coutract'
6.5 Delinquencies. If any invoice for the above-described water Fees is not paid within
iii.ry OOl6f-Ufiog, ii*t utt be delin_q,ent. All delinquent bills shall accrue interest from
the due date at u ,"t. of1!1,.iv" p"rc*nt (lyi/o) per annum. if th" u1nount due is not paid with
i-ir.r, pol days thereafter afterihe Association mails or hand-delivers a notice of delinquency'
the Association may turn offthe water supply of the Delinquent owner. under such
circumstance, *y ,"inrlui.ment of service sirall include a minimum service fee of one hundred
dollars ($ 100.00) per O*"ttiog unit. All fees or charges to any member shall' if not paid' become
a lien upon his land uro Joiaioate only to the lien of any mortgage on the Lot. The
Association may then foreclose the lien, as necessary' in accordance.with colorado law and the
Associarion,s Cou.rnin-g-i""r-.*t. iny filing or'legal fees associated with such lien shall be
the responsibility of the Delinquent Owner'
ARTICLE 7
Dec laral ion oJ Prolect ive Covenan ls
Quic lcsilver Courl Su bdivis ion
Page 20
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FEc:@.@0 GARFIELD COUNTY CO
ARCHITECTURAL REVIEW
7.1 - . prior to construction ofany Improvement, each 9yr. shall compry *itt ttiur.titffiGview requirements
contained in Article IV.6 of the Grass Mesa Ranch Declaration.
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7 '2 Architectural Criteria. In addition to any criteria imposed on each Owner by theGrass Mesa Architectr.rral Review committee, when constructing anf Improvements,
landscaping, and alterations to Improvements on a Lot or landscipini of a Lot, each owner shallals.o-endeavor to protect the conformity and harmony of exterio, uppJ".un"" of structures withneighboring structures.and.Tryd sunoundings as to extemal desigrr, materials, siting, height,topography, grade, and finished ground elevation, and the p.rr"*uiion of aesthotic be"auty."eristructures shall be constructed of either brick, stone, lumber or a combination thereof. The use ofcinder block shall not be allowed unless it is faced with another material herein approved. [naddition:
(a) Preseryation of Viewshedl. Each Lot Owner shall protect the seclusion ofhis home site from other home sites as reasonably possible. To this end, each ownershall be considerate in planning, not building direcily in front of a neigh-bor,s view so asto protect the property view line and promote neighborly conduct so as not to
unreasonably interfere with or disturb the use, enjoyment and access to any other
occupant of the Lots. To this end, each Improvement shall be located on eich Lot so as to
( I ) preserve the use, enjoyment and accesi - including view planes - of every other
occupant of the Quicksilver court Subdivision; (2) keep traffic flow amiable for
construction, road construction, entering and exiting thi properry; and (3) promote
neighborly conduct.
(b) Pre-servation of Natural D.rainaee. In addition, no structure shall be placed
or located on any Lot in such a manner that will obstruct, divert or otherwise alter thenatural water drainage courses ancl patterns. Likewise no landscaping or changes to the
existing terrain shall be made which shall obstruct, divert or otherwise alter sulh
drainage.
ARTICLE 8
INSURANCE
8' 1. A,ssociation Insurance. To the cxtent reasonably available, the Association shall obtain andrnaintain insurance coverage as set forth in this Articli 8. If such insurance is not reasonablyavailable, and the Association determines that any insurance described in this Article will not bemaintained, the Association shall cause notice of that fact to be hand delivered or sent prepaid byUnited States mail to all owners at their respective last known addresses.
Declaral io n of Protect ive Covenan ts
Qu i c ks i t ver, * n * U!:;",3r,
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(a) Property Insurance. Property Insurance shall cover the common
Elemenis, but excluding land, excavations, pipes, flues, and drains and other items
normally excluded from property policies, and all personal property owned by th_e
Associa-tion. Said insurance shall afford protection against "all risks" of direct physical
loss commonly insured and be for an amount (after application of any deductions) equal
to one hundred (100) percent of the facilities' actual cash value at the time the insurance
is purchased and at eaih renewal date. Personal property owned by the Association will
be insured for an amount equal to its actual cash value. The Association is authorized to
obtain appraisals periodically for the purpose of establishing replacement cost of the
facilitiei and the actual cash value ofthe personal property, and the cost ofsuch
appraisals shall be a Common Expense. The maximum deductible for insurance policies
sir"tt Ue the lesser of $10,000 or one (l) percent of the policy face amount.
(b) Liabilitv Insurance. Liability insurance, including medical payments
insurance, will be maintained in an amount determined by the Association, but in no
event shall it be less than $1,000,000. This insurance shall cover all occurrences
commonly insured against for death, bodily injury, and property damage arising out of or
in conneciion with thi use, ownership, or maintenance of the Common Elemeuts and the
activities of the Association.
(c) Directors' and Offrcers' Liabilify lnsurance. The Association may obtain
and maintain dirictors' and officers' liability insurance, if available, covering all of the
Officers of the Association. This insurance will have limits determined by the
Association.
(d) Other lnsurance. The Association may carry other insurance which the
Association considers appropriate to protect the Association'
(e) Premiums. Insurance premiums for insurance carried or to be canied by
the Association shall be a Common Expense.
8.2 Owner Insurance. Owners shall obtain and maintain homeowners' insurance on their Lot
and improvements therein, including their water supply system from-their water flow meter to
their dwelling unit, in addition to arry insurance obtained and maintained by the Association.
ARTICLE 9
GENERAL PROVISIONS
9.1 Compliance and Enforcement.
(a) Every Owner and occupant of a Lot shall comply with the Governing
Documents, and each Owner shall have the right, to enforce the covenants and
restrictions, as set forth in this Declaration'
Decl aralion of Pro tec t ive Covenants
Qu iclcs ilver r"*, * Y:;:r1
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(b)TheAssociation,actingthroughtheBoard,itsDirectors,officers,and
Committee Members *rV "niorrJull
applicable provisions of this Declaration, and may
,d.;;;;;r,ions ror uioiutio, ortr,e Goveming bocuments. Such sanctions may include'
without limitation:
(i)imposingreasonablemonetaryfines,afterNoticeandHearing'which
fine shaif constltutJa lien upon the violator's Lot. ln the event that any occupant,-
guest, or invitee of a Lot violates the Governing Documents and a fine is imposed'
in the Board's sole discretion, the fine may fini be assessed against the violator;
provided" f,o*"r"r,littre fine assessed against the violator is not paid within the
iime period set by ihe Board, the Owner it att pay the fine after Notice and
Hearing;
(ii)Suspendingtherighttovoteuntiltheoffendingownercuresthe
violation;
(iii)Exercisingself-help(includingbutnotlimitedtoperformingsuch
maintenance responsib'iliti.* *t i"i are thdwner's responsibility under this
Declaration andlsessing all costs incurred by the Association against the Lot and
the owner u, * Arr"rrri.nt) or taking action to abate any violation of the
Governing Documents;
(iv)RequiringanOwner,attheOwner'sexpense'toremoveanystructure
or Improvem"oion sich owner,s Lot in violation of the coveming Documents
andtorestoretheLottoitspreviousconditionand,uponfailureoftheownerto
do so, the Board shall have ihe right to enter onto the property, remove the
violaiion, and restore the property to substantially the same condition as
previousiy "xiri"d,
at the bwner;s t*ptn'", and any such action shall not be
deemed a tresPass;
(v) Without liability to any Person' the Association precluding any
contractor,.uu.onru,to,,agent,.,nptoy..,orother-inviteeofanownerwhofails
to comply witfritre terms an--a ptouisions of this Declaration from continuing or
performing any further activities in the Community;
(vi) Levying specific Assessments to cover costs incurred by the
Association to irffi il-ot into compliance with the Goveming Documents; and
(vii)Bringingsuitatlaworinequitytoenjoinanyviolationortolecover
monetary damages, or both'
(c)Inadditiontoanyothercnforc.ementrights,ifanownerfailstoproperly
perform his or her *;i;;;* respousibility, or otherwise fai-ls Jo.
comply with the
Governing no"u."nir, the Association may-record a notice of violation against the
Declaration of Proteclive Covenants
Quicttsilver Court Sutfffi
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Owner and the Lot.
(d) All remedies set forth in the Governing Documents shall be cumulative of any
remedies available at law or in equity. In any action to enforce the Governing
Documents, the prevailing parry shall he entitled to recover all costs, including, without
limitation, attorneys' fees and court costs, reasonably incurred in such action.
(e) The Board shall have the sole discretion to determine which enforcement
action to Pursue in any particular case, subject to the record and the duty to exercise
judgment and reason. As provided herein a decision of the Board to forego enforcement
action shall not be construed as a waiver of the Association's right to enforce such
provisions at a later time, under other circumstances or preclude the Association from
enforcing any other coverant, restriction or rule.
(0 In any action or proceeding involving the interpretation or enforcement of any
provision of this Declaration, as amended, the prevailing party shall be entitled to recover
its reasonable attorneys' fees and costs incurred in connection therewith.
9.2 Severability. Each of the provisions of this Declaration shall be deemed independent and
severable. If any provision of this Declaration or the application tlereof to ury percon ot
circumstance is held invalid, the invalidity shall not affect other provisions oiapplications of this
Declaration which can be given effect without the invalid provisions or applicaiions.
9.3 Binding Effect: Term. The covenants and restrictions of this Declaration shall run with
and bind the Property described herein in perpetuity.
9.4 Amendment bv Owners. Any provision, covenant, condition, restriction, or equitable
servitude contained in this Declaration may be amended, revised, removed or repeated, and new
provisions, covenants, conditions, restrictions or equitable servitudes may be added, at any time
and from time to time upon approval of more than seventy percent (70%) of the votes in tire
Association and with the written consent of the Association; provided, however, that any
provision hereiu required as a condition of approval of the Subdivision by the Garfield County
Board of County Commissioners may not be amended without approval by the Garfield County
Board of County Commissioners at a public meeting. Notice of any Association meeting at
which a proposed amendment shall he considered shall state the fact of consideration and the
subject matter of the proposed amendment. The amendment or repeal shall be effective upon the
recordation in the office of the Clerk and Recorder of Garfield County of a certificate setting
forth the amendment in full and certifying that the amendment has been approved as set forth
above, and containing the written consent and approval of the Association.
9.5 Amendment by Association. The Association shall have the authority to amend, revise,
remove, repeal or add any provision to this Declaration, as provided in the Bylaws, without
Owner or mortgagee approval, only as necessary to conform with any applicable local, state, or
federal law.
D ec lsration of P rotect ive Covenants
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25 of 26 Rec F.3:$136.00 Ooc Fcr:@.00 GARFIELD COUNTY C0
9.6 Challenge. All challenges to the validity of this Declaration must be made within one (1)
year after the date of recording of this document.
9.7 Waiver. Any forbearance or failure to enforce any provisions of this Declaration shall
not operate as a waiver of any such provision or of any other provision of this Declaration or of
any subsequent enforcement provision.
9.8 Confl ictine Provisions.
(a) In case of conflict between this Declaration and any Garfield County Board of
County Commissioners' condition of approval, the Garfield County Board of Counry
Commissioners' conditions of approval shall govern.
(b) Il case of conflict between this Declaration and any Governing Docurnent of
Grass Mesa Ranch or the Grass Mesa Ranch Homeowners' Association, the Governing
Document of Grass Mesa Ranch or the Grass Mesa Ranch Homeowners' Association shall
control.
(c) ln case of conflict between this Declaration and the Articles or Bylaws of the
Association, this Declaration shall control. In the case of conflict between the Articles and
Bylaws, the Articles shall control.
9.9 $lrccessors and Assigrs. The covenants, terms, conditions, and restrictions of this
Declaration shall be binding upon, and iuure to the benefit o[, the Owners, their guests, invitees,
occupants, personal representatives, heirs, successors, transferees, and assigns; and the
Association, its Board of Directors, Committee and Members, Officers, successors, transferees,
and assigns.
Dec laration of Pro tective Cove narrls
Qu i c l<s i I v e r, * " t" U!:;:r\
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The foregoing instrument was acknowledged before me this l) a^v ,t ff?Ahil,
2010, by G.H. Daniels, III and Gregory Hasenberg, as Declarant.
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IN WITNESS WHEREOF, the Declarant
first witten above.
has executed this Declaration as of the date
STATE OF COLORADO
COI.JNTY OF GARFIELD
After recording, return to:
The Sloan Low Firn, PLLC
76 South Moin Street, Suite I
Moab, UT 84532
Witness my hand and official seal.
Dec I a ra I ion ol P rol ecl ive Cove nan ls
Qu icks i lver Court Subdiv is ion
Page 26
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