Maricopa Fiesta

What Maricopa Fiesta's governing documents say

This document is a commercial restrictive covenant for a Taco Bell parcel within the Maricopa Fiesta Shopping Center in Maricopa, AZ. It does not govern a residential community—there are no rules for homeowners, renters, or occupants of homes. This restriction binds the parcel owner and developer, not residents.

• Prohibited uses (Exhibit C): The Taco Bell parcel cannot be used as a value-oriented hair cutting salon, tax preparation office, dry cleaning store, chiropractic/physical therapy office, check-cashing service, Chinese food restaurant, insurance sales, certain named hamburger fast-food drive-thrus (e.g., Wendy's, McDonald's, Burger King), dental office, water/ice sales, or retail bank/financial institution.
• Building requirements: The building must be a Taco Bell fast food restaurant (or other Yum Brand concept) with continuous operation required. Exterior features (site plan, landscape, signage, materials, colors) must comply with the shopping center's CC&Rs and be approved by the Seller (and possibly Bashas' Inc.). Maximum height: 21 feet; maximum area: 3,500 square feet.
• Exclusive use protection: As long as the parcel operates as a drive-through Mexican fast food restaurant, no other portion of the Phase 1, Phase 2, or NWC Property may be used for a drive-through Mexican fast food restaurant. Exceptions: existing leases/sales as of Dec 22, 2003, in-line shops without drive-through, use changes by later buyers of other parcels, users over 5,000 sq ft, and other drive-throughs where Mexican food is ≤20% of annual gross sales.
• Seller's repurchase option: If Buyer fails to commence construction within 1 year of recording or complete construction within 545 days, Seller may repurchase the parcel for $550,000. Option must be exercised within 90 days of the trigger date, closing within 60 days of exercise.
• Operations and maintenance: Buyer must continuously operate as a Taco Bell (or Yum Brand concept). Buyer is responsible for maintenance/repair of site lighting and landscaping, and must reimburse Seller for certain work needed for the shopping center's certificate of occupancy.
• Term and amendment: Restrictions run until Dec 31, 2060, then auto-renew for 10-year periods. Amendment requires signed and acknowledged declaration by all owners of affected property.
• What this document doesn't cover: This is a commercial covenant for a single restaurant parcel. It does not contain any rules for residential homeowners, tenants, pets, vehicles, noise, parking, or other typical HOA/condo topics. It is not a community association handbook.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.