Declaration of Restrictions,

Covenants and Conditions

of

Quail Creek

 

This Declaration of Restrictions, Covenants and Conditions of Quail Creek made, on the date hereinafter set forth, by Quail Creek Inc., a Missouri Corporation.

 

WITNESSETH:

 

WHEREAS, on the 12th day of May, 1989, Developer was the owner of record of the following described real property, consisting of' 68 acres, more or less, hereinafter called QUAIL CREEK or the “Property”:

 

See Attached Description

 

WHEREAS, the Developer has an option to purchase additional real property which adjoins the above described real property which will be added to the “Property” at a future date, and

 

WHEREAS, the above-described real property was approved by the City of Springfield as the preliminary plat of Ward Creek and by the Greene County Planning and Zoning Commission as the preliminary plat or Ward Creek and the optioned property was approved as Quail Creek lst Addition; and

 

WHEREAS, the subdivision approved as Ward Creek has changed its name to QUAIL CREEK, and is in the process of being developed; and

 

WHEREAS, Developer desires to provide for the development of QUAIL CREEK with open areas, recreational facilities, detached single-family homes, to provide for the maintenance, improvement and administration of the Quail Creek community and the preservation of the values and amenities of QUAIL CREEK, and

 

WHEREAS, the final plat of QUAIL CREEK Phase I has been approved by the City of Springfield and Greene County and will be recorded in the near future; and

 

WHEREAS, QUAIL CREEK will be final platted in future phases; and

 

WHEREAS, QUAIL CREEK Property Owners Association. Inc. is being duly incorporated under the laws of the State of Missouri as a not-for-profit corporation for the general purposes of managing the QUAIL CREEK Community properties and facilities; administering and enforcing the covenants and restrictions; and collection and disbursing the assessments as provided for in this “Declaration of Restrictions, Covenants and Conditions of QUAIL CREEK.”

 

NOW THEREFORE,  Developer does hereby declare that QUAIL CREEK Subdivision shall be subject to the restrictions, covenants and conditions, easements and charges, hereinafter set forth, which shall run with the land and be binding on all present and future owners, and shall inure to the benefit of each owner of the land included in QUAIL CREEK.

 

ARTICLE I

DEFINITIONS

 

Section 1: As used in this Declaration of Restrictions, Covenants and Conditions:

 

(a) "Association" shall mean and refer to QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC., it successors and assigns.

 

(b)"Common Area" shall mean all real property owned by the Association or designated as Community Area, open or drainage area on a QUAIL CREEK final plat and intended for the common use and enjoyment of the Owners.

 

(c) "Developer" shall mean QUAIL CREEK, INC., its successors and assigns and any entity designated by QUAIL CREEK, INC., as a Developer or successor.

 

(d)"Declaration" shall mean the Quail Creek Restrictions, Covenants and Conditions and all other provisions set forth in this entire Document, as the same may from time to time be amended or modified.

 

(e) “Property” or “Properties” shall mean and refer to the 68 acres set forth above, and referred to as QUAIL CREEK, and any additional real estate acquired by Developer and developed in conjunction with Quail Creek, upon filing an amendment with the Greene County Recorder of Deeds which states the legal description of the additional real estate to be included in the Property.

 

(f)  “Owner(s)” shall mean the record owner, whether one or more persons or entities, of a fee or undivided interest in any lot. The foregoing does not include any persons or entities who hold an interest in any Lot merely as security for the performance of an obligation. Except as stated otherwise in this Declaration, the term “Owner” shall not include a lessee or tenant.

 

(g)“Single Family Residence” shall mean a structure containing one dwelling only and occupied by not more than one family.

 

(h)Lot” shall mean any parcel of real property designated as a Lot on any recorded Subdivision Plat within QUAIL CREEK or any additions thereto, with the exception of the Common Area.

 

(i)  “Subdivision Plat” shall mean a recorded plat covering any or all of the Property referred to in this Declaration.

 

(j)  “Visible From Neighboring Property” shall mean, with respect to any given object, that such object is or would be visible to a person six feet tall, standing on any part of such neighboring property at an elevation no greater than the elevation of the base of the object being viewed.

 

(k)“Board” shall mean "the Board of Directors of the Association.

 

(l)  “Corner Lot” shall mean any lot, which abuts, other than at its rear line, upon more than one street.

 

(m) “QUAIL CREEK” shall mean the Property as set forth above.

 

(n)“Rules” shall mean and refer to those rules and regulations as passed and promulgated by the Association, or the Board acting on behalf thereof, under the authority granted by this Declaration, or the Articles of Incorporation or By-Laws of  the Association.

 

ARTICLE II

PROPERTY RIGHTS

 

Section 1: Owner’s Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

 

(a)              The right of the Association to charge reasonable admission and other fees for the use of any recreation facility situated upon the Common Area; the right of the Association to limit the number of guests of Members; the right of the Association to limit the Common Areas which may be used by guests of Members; the right of the Association to impose conditions under which Common Areas may be used by Members and/or their guests;

 

(b)              The right of the Association to suspend any Owner's voting rights and the right to use the recreational facilities for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed ninety (90) days for any infraction of this Declaration, any Supplementary Declarations thereto, By-Laws of the Association or any Rules which may be imposed by the Association;

 

(c)              The  right of the Association to dedicate or transfer all or any part of the Common   Area to any governmental agency, authority, or public or private utility for such purposes.

 

(d)              The right of the Association to promulgate and enforce the rules and regulations in connection with the Properties described herein or any additions thereto.

 

ARTICLE III

PROPERTY SUBJECT TO THE QUAIL CREEK

RESTRICTIONS

 

Section 1: General Declaration Creating Quail Creek. Developer will develop QUAIL CREEK in phases, by subdivision into various Lots. Developer may supplement or modify this Declaration with such additional covenants, conditions and restrictions as may be appropriate. Developer's sale and conveyance of Lots is subject to this Declaration as modified and amended. Developer hereby declares that all of the real property within QUAIL CREEK is and shall be held, conveyed, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in whole or in part subject to this Declaration, as amended or modified from time to time. This Declaration, as amended or modified, is in furtherance of a general plan for the subdivision, improvement and sale of said real property and is established for the purpose or enhancing the value, desirability, and attractiveness of said real property and every part thereof. All of this Declaration shall run with all of real property within QUAIL CREEK for all purposes and shall be binding upon and inure to the benefit of Developer, the Association, and all Owners and their successors in interest.

 

ARTICLE IV

THE QUAIL CREEK

PROPERTY OWNERS ASSOCIATION

 

Section 1: Organization.

 

(a) The Association. The Association is a nonprofit corporation organized and existing under the General Not-For-Profit Corporation Act of the State of Missouri, charged with the duties and invested with the powers prescribed by law and set forth in its Articles of Incorporation, By-Laws, and this Declaration. Neither the Articles nor By-Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.

 

(b) Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may select or appoint, in accordance with the Articles and the By-Laws.

 

Section 2: Powers and Duties of the Association.  The Association shall have such rights, powers and duties as set forth in the Articles and By-Laws.

 

Section 3: Rules. By a majority vote of the Board, the Association may, from time to time and subject to the provisions of the Declaration, adopt, amend, and repeal rules and regulations governing the use of any Common Area by any Owner, by the family of such Owner, or by any invitee, licensee or lessee of such Owner; provided, however, that such Rules may not discriminate among Owners and shall not be inconsistent with this Declaration, the Articles or By-Laws. A copy of such Rules as they may from time to time be adopted, amended or repealed shall be made available to each Owner, at said Owner's request. Upon promulgation, said Rules shall have the same force and effect as if they were set forth in and were part of the Declaration.

 

Section 4: Personal Liability. No Member of the Board of Directors or any Committee of the Association, or any officers of the Association shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the Association, the Board, or any other representative or employee of the Association, or the Architectural Committee, or any other Committee, or any officer of the Association, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith, without willful or intentional misconduct.

 

Section 5: Responsibility for Common Areas. The Association shall have the responsibility for maintaining the Common Areas and shall be responsible for the payment of any taxes and insurance on the Common Areas. The Association will not be dissolved without the consent of the City of Springfield.

 

ARTICLE V

MEMBERSHIP AND VOTING RIGHTS

 

Section 1: Every Owner, either of a fee or undivided interest, of a Lot, which is subject to assessment by the Association, shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to an may not be separated from ownership of any Lot which is subject to assessment by the Association.

 

Section 2: Members shall have no rights to manage the business affairs of the Association. The management of the Association is vested entirely in the Board of Directors as set forth in the Articles of Incorporation and By-Laws.

 

ARTICLE VI

COVENANT FOR ASSESSMENTS

 

Section 1: Creation  of_the Lien and Personal Obligations of Assessments. The Developer, for each Lot owned within QUAIL CREEK hereby covenants, and each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) Annual assessments or charges, and (2) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorneys' fees, shall, to the full extent permitted by law, be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys’ fees, shall also be the personal obligation of the person who was the Owner of such property on the effective date of the assessment. The personal obligation for delinquent assessments shall not pass to his successors in title, but, nevertheless, the lien arising by reason of such assessment shall continue to be a charge and lien upon the land as above provided.

 

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used for the purpose of promoting the general benefit, recreation, health, safety and welfare of the residents in QUAIL CREEK. Such purposes shall include, but shall not be limited to, and the Association's rights and powers shall include (in addition to the rights and powers set forth in this Declaration and in the Association's Articles of Incorporation and By-Laws) provision for the improvement, construction, repair,

maintenance, care, upkeep and management of the Common Areas and the improvements and facilities thereon; and further, shall include the payment of any taxes and assessments, if any, which may be assessed and levied upon any property owned by the Association, together with all other costs and expenses related to the management and maintenance of the Common Areas. Nothing contained herein shall limit the Association's rights and powers granted in this Article or granted elsewhere in this Declaration and the Articles of Incorporation and By-Laws of the Association.

 

Section 3: Annual Assessment.

 

(a) The initial annual assessment shall be for 1990 and shall be Two Hundred Forty and No/100 ($240.00) Dollars per member. The Developer shall not be considered a member for purposes of assessment, and shall pay no assessments.

 

(b) After 1990, the maximum annual assessment may be increased each year, without a vote of the Members, not more than ten (10%) percent. above the maximum assessment established for the previous year except that in the event that the annual assessment is not sufficient to pay for the maintenance, taxes, and insurance on the common area, an additional annual assessment will be made solely for the purpose of paying for the maintenance, taxes and insurance on the Common Area.

 

Section 4: Special Assessment for Capital Improvements. In addition to the annual assessments in Section 3 above, the Association may levy, in any assessment year, a special assessment the purpose of the special assessment shall be for a capital improvement in the Common Area, or providing in whole or in part, for the cost of any reconstruction, repair or replacement of a capital improvement in the Common Area, including fixtures and personal property related thereto. The maximum special assessment shall be Five Hundred and No/100 ($500.00) dollars per year, per member. Any special assessment shall require an affirmative vote of the majority of the members.

 

Section 5: .Date of Commencement of Annual Assessments. The annual assessments for each Lot provided for herein shall commence On January 1, 1990 and thereafter shall commence on the date of the first conveyance of said Lot by the Developer to an Owner. The first annual assessment for each lot shall be prorated based on the date it is sold by the Developer. Written notice of the annual assessment shall be sent to every Owner.

 

Section 6: Effect of Non-Payment of Assessments: Remedies of the Association. Each member shall be deemed to covenant and agree to pay to the Association the assessments provided for herein, and each agrees to the enforcement of the assessments in the manner herein specified. In the event the Association employs an attorney or attorneys for collection of any assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, or for any other purpose in connection with the breach of this Declaration, each Owner, agrees to pay reasonable attorneys' fees and costs thereby incurred in additional to any other amounts due or any other relief or remedy obtained against said Owner. In the event of a default in payment of any such assessment when due, the assessment shall be deemed delinquent. and shall bear interest at the rate of eighteen (18%) percent per annum, and in addition to any other remedies herein or by law provided, the Association may enforce each such obligation in any manner provided by law or in equity, or, without any limitation by the foregoing, by either or both of the following procedures.

 

(a) Enforcement by Suit. The Board may cause a suit at law to be commenced and maintained in the name of the Association against any Owner to enforce each such assessment obligation. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon at the rate of eighteen (18%} percent per annum from the date of delinquency, court costs, and reasonable attorneys' fees in such amount as the court may judge against the delinquent Owner.

 

(b)Enforcement by Lien: There is, to the full extent permitted by law, hereby created a claim of lien, with power of sale, on each and every Lot within QUAIL CREEK to secure payment to the Association of any and all assessments levied against any and all Owners of such Lots under these Restrictions, together with interest thereon at the rate of eighteen (18%) percent per annum from the date of delinquency, and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorneys' fees. At any time within thirty (30) days after the occurrence of any default in the payment of any such assessment, the Association or any authorized representative may, but shall not be required to make a written demand for payment to the defaulting Owner, on behalf of the Association. Said demand shall state the date and the amount of the delinquency. Each default shall constitute a separate basis for a demand or claim of lien or a lien, but any number of defaults may be included within a single demand or claim or lien. If such delinquency is not paid within ten (10) days after delivery of such demand, or even without such a written demand being made. The Association may elect to file such a claim or lien on behalf of the Association against the Lot of the defaulting Owner. Such a claim of lien shall be executed and acknowledged by any officer or the Association, and shall contain substantially the following information:

 

(a) The name of the delinquent Owner;

 

(b) The legal description or street address of the lot against which claim of lien is made;

 

(c) The total amount claimed to be due and owing for the amount of the delinquency, interest thereon. collection costs, and reasonable attorneys’ fees;

 

(d) That the claim of lien is made by the Association pursuant to the QUAIL CREEK Restrictions; and

 

(e) That a lien is claimed against said Lot in an amount equal to the amount stated.

 

Upon (1) recordation of a duly executed original or copy of such a claim or lien, and (2) mailing a copy thereof to said Owner, the lien claimed thereon shall immediately attach and become effective in favor of the Association as a lien upon the Lot against which such Assessment was levied. Such a lien shall have priority over all liens or claims created subsequent to the recordation of the claim of lien thereof, except only-tax liens for real property taxes on any Lot, assessments on any Lot in favor of any municipal or other governmental assessing unit, and the liens, which are hereinafter specifically described in Section 7. Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a deed of trust, with a power of sale, as set forth by the laws of the State of Missouri, as the same may be changed or amended. The lien provided for herein shall be in favor of the Association and shall be for the benefit of' the Members. The Association may acquire, hold, lease, mortgage. and convey any such Lot. In the event such foreclosure is by action in court, reasonable attorneys’ fees, court costs, title search fees, interest and all other costs and expenses shall be allowed to the Association to the extent permitted by law. Each Owner, by becoming an Owner in QUAIL CREEK, hereby expressly waives any objection to the enforcement and foreclosure of this lien in this manner.

 

Section 7: Subordination of the Lien to Mortgages. The lien of the assessment provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure shall extinguish the lien of such assessment as to payments, which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

 

ARTICLE VII

ARCHlTECTURAL CONTROL

 

Section 1- Review by Committee. No structure, residence, accessory building, tennis court, swimming pool, fence, mailbox, wall, lot drainage works, awning, exterior area lighting or other improvements shall be constructed or maintained upon any Lot, and no alteration to the exterior of a structure shall be undertaken. unless complete plans, specification and plot plans thereof showing the exterior design, height, building material and color scheme thereof, the location of the structure on the Lot plotted

horizontally and vertically, the location of driveways and fencing shall have been submitted to and approved in writing by the Architectural Committee. A copy of such plans, specifications and plot plans as finally approved shall be kept by the Architectural Committee. All fees and expenses incurred by the Architectural Committee shall be paid by the applicant.

 

Section 2: Duties. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping and alterations on the Properties conform and harmonize with the existing surroundings and structures.

 

Section 3: Procedures.

 

(a)  The Architectural Committee shall approve or disapprove all plans and requests within thirty (30) days after receipt by the Committee of all necessary information. In the event the Architectural Committee fails to take any action within thirty (30) days after a request and all necessary information has been submitted, approval shall be presumed and this Article shall be deemed to have been fully complied with.

 

(b)  The Architectural Committee shall maintain written records of all applications submitted to it and of all actions taken. Plans, specifications, and other records and minutes of Committee actions shall be kept by the Committee for at least one (1) year.

 

(c)  A majority vote of the Architectural Committee shall be necessary for approval of any request.

 

Section 4: Members of Committee.

 

(a) The Architectural Committee shall consist of three (3) Members appointed by the Board of Directors of the Association. Members of the Committee are not required to be Owners.

 

Section 5: Liability of' Committee. The Architectural Committee shall not be liable in damages to any person submitting a request for approval, or to any Owner by reason of any action, failure to act, approval or disapproval, or failure to approve or disapprove any such request.

 

ARTICLE VIII

USE AND BUILDING RESTRICTIONS

 

Section 1: The following restrictions are imposed upon each residential Lot for the benefit of all Owners and the Developer.

 

Section 2: Single-Family Residential Use. All Lots shall be used, improved and devoted exclusively as a one-family dwelling and no gainful occupation, profession, trade, or other nonresidential use shall be conducted on any such Lot. Nothing herein shall be deemed to prevent the leasing of any such dwelling from time to time, by the Owner thereof, subject to all of the provisions of the Declaration.

 

Section 3: Animals. No animals, fowl, or livestock, other than a reasonable number of generally recognized house pets shall be maintained on any property within QUAIL CREEK, and then only if they are kept solely as domestic pets and not for commercial purposes. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance. No doghouse, structure or pen for the care, housing or confinement of any animal shall be constructed or maintained. Upon the written request of the Owner, the Board shall conclusively determine, in its sole and absolute discretion, whether, for the purpose of this paragraph, a particular animal is a generally recognized house pet, or a nuisance, or whether the number of animals on any such property is reasonable. Any decision rendered by the Board shall he enforceable as other restrictions contained herein. Pets shall not be allowed loose or unsupervised on any part of the Properties and walking of pets shall be on a leash and allowed only on such portions of the Properties as the Board may prescribe by its Rules and Regulations.

 

Section 4: Antennas. No antenna or other device for the transmission or reception of electronic signals shall be erected, used or maintained outdoors on any Lot, which antenna or other device shall be visible from the street adjoining the front of said Lot, unless approved by the Architectural Committee. TV antennas shall be erected so as to be as inconspicuous as possible and no such TV antenna shall extend more than six (6) feet above the ridge of the roof of the particular dwelling unit upon which the antenna is located; provided, however, the Architectural Committee shall have the authority to award variances with respect to the foregoing prohibition.

 

Section 5: Improvements and Alterations. No building, fence, wall, residence or other structure shall be commenced, erected, improved, or structurally altered, without the prior written approval of the Architectural Committee. The exterior surface of a single-family structure shall not be painted or changed in any manner without the prior written approval of the Architectural Committee.

 

Section 6: Temporary Occupancy. No trailer, incomplete building, tent, shack or garage and no temporary building or structure of any kind shall be used at any time for a residence on any property within QUAIL CREEK. Temporary buildings or structures used during the construction of a dwelling on any such property shall be subject to the rules of the Board and shall be removed immediately after the completion of construction.

 

Section 7: Motor Vehicles and Trailers.

 

(a) No mobile or motor home, trailer of any kind, truck larger than 1/2 ton, camper, boat, or permanent tent or similar structure shall be parked, kept, maintained or repaired upon any property or street (public or private) within QUAIL CREEK, between the hours of 12 midnight and 5:00 A.M. in such a manner as will be visible from neighboring property; nor shall any motor vehicle of any kind be constructed, reconstructed or repaired on public or private property within QUAIL CREEK, provided, however, that the provisions of this paragraph shall not apply to emergency vehicle repairs, or temporary construction shelters or storage facilities approved by the architectural control committee and used exclusively in connection with the construction of any improvement.

 

(b) Any motor vehicle which is, in the sole discretion of the Board, unsightly or not in keeping with motor vehicles owned by Quail Creek residents, or is a service vehicle or pickup truck with a camper top or similar top shall be parked in the garage overnight, and shall not be parked in Quail Creek between the hours of 12 midnight and 5:00 a.m. in such a manner as will be visible from neighboring property.

 

Section 8: Motor Vehicles--Excessive Noise. If the Board determines that any motor vehicle is creating loud or annoying noises by virtue of its operation within QUAIL CREEK, such determination shall be conclusive and final that the operation, upon notice by the Board to the Owner or operator thereof, shall be prohibited within QUAIL CREEK.

 

Section 9: Landscaping and Lawns.

 

(a) Completion. Each Owner shall complete the landscaping required by the Architectural Committee prior to occupying the premises, unless the Architectural Committee shall approve a delay based on weather conditions.

 

(b) By Owner. Each Owner of a Lot within QUAIL CREEK shall keep all shrubs, trees, grass and plantings, including the area located between the boundary line of his property and the street on which such Owner's property abuts, neatly trimmed, properly cultivated and free of trash, weeds and other unsightly material. In the event that any Owner fails to maintain his lawn, landscaping or plantings as provided herein, the Association, or its agents, may enter upon said Lot and may do so, and the Owner shall reimburse the Association for its costs, upon demand. The Association may enforce collection of same in the same manner as if such costs were an assessment and shall have all powers and rights to so collect as set forth in Article VI, Section 6, above.

 

(c) By the Association. The Association, and its agents, shall have the right, at any time, to plant, replace, maintain, and cultivate shrubs, trees, grass and plantings on the Common Area, and on any easements of record over an Owner's Lot. The Association or its authorized agents shall not be liable for Trespass, for so doing.

 

Section 10: Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot within QUAIL CREEK, and no odors shall be permitted to arise there from so as to render any such Lot or any portion thereof unsanitary, unsightly, offensive or detrimental to any other Lot in the vicinity thereof or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on any such property. The Board  in its sole discretion shall have the right to determine the existence of any such nuisance and for the purposes of this Declaration such determination shall be conclusive.

 

Section 11: Repair of Buildings. No building. structure or fence upon any Lot within QUAIL CREEK shall be permitted to fall into disrepair, and each such building, structure or fence shall at all times be kept in good condition and repair and adequately painted or otherwise finished.

 

Section 12: Trash_Containers and Collection. No garbage or trash shall be placed or kept on any property within QUAIL CREEK except in covered containers of a standard type approved by the Association. The Association shall select a company for weekly trash disposal service for Quail Creek. All residents of Quail Creek shall be required to use this company and no other regular trash disposal service shall be permitted. In no event shall such containers be maintained so as to be visible from Neighboring Property except to make the same available for collection and then, only for the shortest time reasonably necessary to effect such collection. All rubbish, trash, and garbage shall be removed from the Lots and shall not be allowed to accumulate thereon. No incinerators shall be kept or maintained on any Lot and no burning in the open will be permitted.

 

Section 13: Clothes Drying Facilities. Outside clothes lines or other outside facilities for drying or airing clothes shall not be erected, place or maintained on any Lot within QUAIL CREEK unless they are erected, placed or maintained exclusively within an area not visible from Neighboring Property.

 

Section 14. Encroachments. No tree, shrub, or planting of any kind on any Lot within QUAIL CREEK shall be allowed to overhang or otherwise encroach upon any sidewalk, street, pedestrian way, or other area from ground level to a height of eight (8) feet without the prior approval of the Architectural Committee.

 

Section 15. Machinery and Equipment. No machinery or equipment of any kind shall be place, parked, operated or maintained upon or adjacent to any lot within QUAIL CREEK except that:

 

1. An Owner (or guest, invitee, licensee, tenant, lessee, family member, agent or employ thereof) may use such machinery or equipment as is usual and customary in connection with the use and maintenance of that owner’s lot or the improvements thereon.

 

2. A builder or contractor constructing improvements for an owner may use such machinery or equipment as is usual and customary in connection with the construction of improvements on an owner’s Jot, provided that such machinery and equipment is actively being used by the builder or contractor and is stored or placed in an area approved by the architectural control committee and that no trucks of any kind or nature shall be kept, parked or placed upon any lot or street (public or private) within QUAIL CREEK between the hours of 12:00 midnight and 5 A.M., unless permission to the contrary is temporarily granted by the Architectural Control Committee, and

 

3. The developers or the association may park, place, operate or maintain such machinery and equipment as may be required for the operation and maintenance of the common area.-

 

Section 16: Restriction on Further Subdivision. No Lot within QUAIL CREEK shall be further subdivided by any Owner, and no portion less than all of any such Lot, nor any easement or other interest therein, shall be conveyed or transferred by an Owner, without the prior written approval of the Developer. This provision shall not, in any way, limit Developer from subdividing any property owned by Developer. Such newly created parcel thereafter shall be considered as one Lot.

 

Section 17: Signs. No sign of any kind shall be displayed to the public view of any Lot except as follows and subject to the approval of the Architectural Committee:

 

(a)       One sign of not more than five (5) square feet, advertising the property for sale or rent;

 

(b)       Signs used by a builder to advertise the property during the construction and sales period

 

(c)      Signs of such shape, size and location as the Developer deems necessary for security control and to advertise Quail Creek;

 

(d)      One Sign, not to exceed one (1) square foot in size, which may contain the name or names of the Owner or Owners and/or the dwelling unit number;

 

(e)       Signs of such shape, size and location as the Architectural Committee may approve.

 

Section 18: Dwelling Size. The Architectural Committee shall exercise its best judgment to see that all structures, as to size, conform to and harmonize with the existing surroundings and structures.

 

Section 19: Building Location.

 

(a)             No building shall be located nearer to any lot line than the minimum set back line shown on the recorded plat of QUAIL CREEK.

 

(b)             The building location (horizontal and vertical) must be approved by the Architectural Committee.

 

­Section 20: Fences.

 

           (a) Fences are not encouraged1 but properly constructed and installed fences may be approved for construction by the Architectural Committee upon submission of plans and specifications.

 

           (b) Chain link fences are not permitted, except for the tennis courts in the Common Area.

 

(c) Privacy fences may not exceed forty-eight (48) inches in height. However, any lot which adjoins another subdivision, a water detention area, or the James River Freeway may, with the approval of the Architectural Committee, have a privacy fence which shall not exceed seventy-two (72) inches on the lot line between QUAIL CREEK and the other subdivision, the detention area, or the James River Freeway.

 

(d) No fences in QUAIL CREEK shall extend nearer to the front wall of a house than fifty (50) percent of the distance of the house on each side. supporting structures on all fences shall be placed on the side of the fence facing the property of the owner building the fence. On corner lots, the fence may extend from the house toward the street a maximum of five (5) feet.

 

(e) No fence or hedge shall be permitted between the front wall of the structure and the adjoining street or across the front yard.

 

 (f) On Lots where the Architectural Control Committee has approved a swimming pool, and the Springfield City Ordinance, or Green County Ordinance requires a fence that exceeds 48 inches in height, the height required by the appropriate City or County Ordinance shall govern, and the height restriction in Article VIII, Section 20(c) shall not apply. Notwithstanding the change in height caused by the City or County Ordinance, the fence shall be subject to all other requirements and approvals herein.

 

Section 21: Sales and Construction Office. Notwithstanding anything herein, Developer and its agents may establish temporary sales and/or construction offices and model homes, in Quail Creek and may permit builders and realtors to establish the same. Any such office shall be removed upon the completion of the subdivision. Developer and its agents shall have the right to use the Common Area in conjunction with the sales and promotion of lots and houses in QUAIL CREEK.

 

Section  22:Easements.Easements are reserved as shown upon the recorded plat of QUAIL CREEK.

 

Section 23: Soil Removal. Soil may not be removed from the subdivision without the consent of the Developer.

 

Section 24: Garage Doors. The doors of all garages shall be kept closed at all times except when necessary for ingress and egress. The doors of all garages shall be installed with electric or battery powered opening and closing devices.

 

Section 25: Improvements. Upon the conveyance by the Developer of any lots in QUAIL CREEK, or additions thereto, purchasers shall within one (1) year from the date thereof commence construction of improvements and completion of said improvements shall be within (1) year after commencement thereof; and for failure of purchaser or purchasers to comply with said requirements, or any of them, the Developer shall have the option to repurchase said Lot or Lots for sum equal to the original purchase price at the time of sale by said Developer.

 

Section 26: Basketball Goals. No basketball goals shall be attached to the front of any dwelling or garage nor erected in any front yard or on the side of any street which abuts any corner Lot.

 

Section 27: Outside Lighting. Spotlights, floodlights, or similar type high intensity lighting shall be designed, located and constructed so as to eliminate or significantly reduce glare on adjoining residences, and the Architectural Committee may direct that they be redesigned or eliminated if they determine that it is advisable. Other types of low intensity lighting which do not disturb the Owners or other occupants of the properties may be allowed.

 

Section 28: Mailboxes. Each Owner shall construct a mailbox which shall be completed prior to occupying the residence. The mailbox shall be of the design, materials, and specifications approved by the Architectural Committee.

 

Section 29: Roofs. All roofs shall have an exterior surface which shall be approved by the Architectural Committee, in its sole discretion.

 

Section 30: Completion. A structure shall be completed within a reasonable time after commencement of construction. In the event of fire, windstorm, or other damage, a structure shall be repaired, remodeled, rebuilt, or completely removed within a reasonable time.

 

Section 31: Common  Area. Although Builders are also Owners, the recreation facilities in the Common Area are not for Builder’s use or their family’s use, unless they live in QUAIL CREEK.

 

 

Section 32: Remedies. In the event that an Owner (or guest, invitee, licensee, tenant, lessee, family member, builder, contractor, sub-contractor, agent or employee thereof), shall violate, or permit to be violated, any of the provisions sot forth in this Article, the Board shall cause to be delivered to said Owner a written Notice of Violation. Said Notice of Violation shall set forth the nature of the alleged violation and shall request that the violation be voluntarily terminated or remedied within a reasonable time from the mailing date of said Notice.

 

If after a reasonable time has elapsed from the date of said Notice, the violation has not been voluntarily terminated by the Owner, the Association shall have the authority to pursue and effect any and all procedures which may be calculated as reasonably necessary to remove and/or terminate the cause of said violation. This authority shall include, but shall not be limited to, the power to employ laborers to enter upon, the premises of said Owner for the purpose of removing and/or terminating the cause of said violation. If, by virtue of the exercise of the authority granted herein, the Board shall incur expenses in connection with the process of removing and/or terminating said violation the Association may enforce collection of same in the same manner as if such costs were an assessment and shall have all powers and rights to so collect as set forth in Article VI, Section 6, above.

 

For purposes of administering this Section, the determination of whether a violation has been, or is being, committed and the determination of what time period constitutes a “reasonable time’ allowable for voluntary termination of the same, shall be made by the Association after taking into consideration the facts and circumstances surrounding the particular violative situation, condition or occurrence.

 

ARTICLE IX

CARE OF COMMON AREA

 

Section 1:Maintenance by Association. The Board of the Association may, at any time, as to any Common Area owned, leased or otherwise controlled by it, take the following actions without any approval of the Owners being required

          (a) Reconstruct, repair1 replace or refinish any improvement or portion thereof upon any such area.

 

(b) Construct, reconstruct, repair, replace or refinish any road improvement or surface upon any portion of such area used as a road, street, walk, driveway or parking area.

 

(c) Replace injured or diseased trees or other vegetation in any such area, and plant trees, shrubs, annuals and perennials, and ground cover to the extent that the Board deems necessary or desirable for the conservation of water and soil and for aesthetic purposes.

 

(d) Place and maintain upon any such area such signs as the Board may deem appropriate for the proper identification, use and regulation thereof -

 

(e) Do all such other and further acts which the Board deems necessary to preserve and protect the property and the beauty thereof, in accordance with the general purposes specified in this Declaration.

 

The Board shall be the sole judge as to the appropriate maintenance of all grounds within the Common Area.

 

Section 2: Damage or Destruction of Common Area by Owners. In the event any Common Area willfully or maliciously is damaged or destroyed by an Owner or any of his guests, tenants, licensees, agents or members of his family, such Owner does hereby authorize the Association to repair said damaged area, and the Association at its option, shall so repair said damaged area. The cost for such repairs shall be paid by said Owner, upon demand, to the Association and the Association may enforce collection of same in the same manner as if such costs were an assessment and shall have all powers and rights to so collect as set forth in Article VI, Section 6, above.

 

ARTICLE X

GENERAL PROVISIONS

 

Section 1: Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration as modified and amended. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

 

Section 2: Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

 

 

Section 3: Amendment.

 

(a)       The covenants and restrictions of this Declaration shall run with and bind the land, for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless otherwise amended as herein provided.

 

(b)      This Declaration may be amended in whole or in part at any time within seven (7) years from the date of recordation of same by an instrument in writing executed by Developer, its successors or assigns.

 

(c)      This Declaration may be amended at the end of the above mentioned seven year period by an instrument in writing executed by the Association, with the approval of a majority of the votes of the Board of Directors.

 

(d)      No amendment shall be effective until it is recorded in the deed records of Greene County, Missouri.

 

(e) No amendment shall be made to dissolve the Association without the consent of the city of Springfield.

 

Section 4: Violations and Nuisance. Every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be Nuisance and may be enjoined or abated, whether or not the Relief sought is for negative or affirmative action, by Developer, the Association, or any Owner or Owners of Lots within QUAIL CREEK. However, any other provision to the contrary notwithstanding, only Developer, the Association, the Board of Directors, or the duly authorized agents of any of them, may enforce by self-help any of the provisions of these Restrictions.

 

Section 5: Violation of Law. Any violation of any state, municipal or local Law, ordinance or regulation, pertaining to the ownership, occupation or use of any property within QUAIL CREEK is hereby declared to be a violation of these Restrictions and subject to any or all of the enforcement procedures set forth in these Restrictions.

 

Section 6: Remedies Cumulative. Each remedy provided by these Restrictions is cumulative and not exclusive.

 

Section 7: Delivery of Notices and Documents. Any written notice or other documents relating to or required by these Restrictions may be delivered either personally or by mail. If by mail, it shall be deemed to have been delivered the day after a copy of same has been deposited in the United States mail, postage prepaid, addresses as follows:

 

 (a) If to the Association or the Architectural Committee, to the registered agent at his registered office; currently Ronald K. Stenger, 2003 East Sunshine, Springfield, Missouri 65804.

 

(b) If to an Owner or Builder, to the address of any Lot within QUAIL CREEK. owned, in whole or in part, by him or to any other address last furnished by an Owner to the Association.

 

(c) If to Developer, to its registered agent at its registered office; currently Ronald K. Stenger, 2003 East Sunshine, Springfield, Missouri 65804

 

Provided, however, that any such address may be changed at any time by the party concerned by furnishing a written notice of change of address to the Association. Each Owner of a Lot shall file the correct mailing address of such Owner with the Association, and shall promptly notify the Association in writing of any subsequent change of address.

 

Section 8: The Declaration. By acceptance of a deed or by acquiring any ownership interest in any of the real property, included within this Declaration, each person or entity, for himself or itself, his heirs, personal representatives, successors, transferees and assigns, binds himself, his heirs, personal representatives, to the covenants, conditions, rules and regulations now or hereafter imposed by this Declaration and any amendments thereto. In addition, each such person by so doing thereby acknowledges that this Declaration sets forth a general scheme for the improvement and development of the real property covered thereby.

 

ARTICLE XI

ANNEXATION INTO SPRINGFIELD

 

Part of Quail Creek is in the City of Springfield and part of Quail Creek is in Greene County. Developer may seek to have Quail Creek annexed to the City of Springfield, Missouri. Buyer irrevocably consents to the annexation of the Property into the City of Springfield, Missouri, in accord with any terms and conditions agreed to by the Developer and the City of Springfield, Missouri.

 

ARTICLE XII

 

Section 1: Subdivision Changes. The Developer feels that it is important for QUAIL CREEK to change to meet the public demand for housing.

 

The Developer expects that to insure the success of QUAIL CREEK, it will be necessary and desirable to modify the plat.

 

All Owners are hereby notified that changes will be made in the preliminary plat approved by the City of Springfield and by Greene County.

 

The anticipated changes including the following:

 

(a) Addition of community or recreation areas.

 

(b) Change in design of QUAIL CREEK.

 

(c) Addition of attached single family dwellings.

 

In witness whereof, the undersigned QUAIL CREEK, INC., have caused this instrument to be executed on this 12th day of May, 1989.

 

 

 

BY QUAIL CREEK, INC.,

                                                                           Ronald S. Stenger

Attest:                                                                President

 

BY: _______

Richard A. Penedleton, Secretary

 

STATE OF MISSOURI )

                                                                           ) SS
COUNTY OF GREENE                                  )

 

On this 12th day of May, 1989, before me personally appeared Ronald K. Stenger, to me personally known who being duly sworn did say that he is the President of Quail Creek, Inc., that the corporation does not have a. seal, and that the said instrument was signed on behalf of the said corporation by authority of the Board of Directors and the said Ronald K. Stenger acknowledged said instrument to be his free act and deed of said corporation.

 

IN TESTIMONY WHEREOF, I have hereunto set my band and affixed by official seal, at Springfield, Missouri, the day and year first above written.

 

 

By: _________________________

Notary Public

CONNIE A. COVEY Notary Public

Greene County State of Missouri

My Commission Expires Oct. 8. 1989