Foothills Parcel 29A

What Foothills Parcel 29A's governing documents say

This document is a declaration of covenants, conditions, restrictions, and easements (CC&Rs) for Foothills Parcel 29A, a commercial development in Phoenix, AZ consisting of two lots: Lot 1 (planned for banking/retail) and Lot 2 (planned for an office condominium). It establishes reciprocal easements for a shared circulation driveway, creates an association to maintain that driveway, and sets out obligations for both lot owners. This document governs the two lot owners (commercial property owners), not residents or homeowners.

• Permitted uses: Lots may only be used for commercial, retail, office, and other lawful uses permitted by City of Phoenix zoning ordinances. Residential use is not mentioned and likely not allowed.
• Easements & shared driveway: Each lot owner grants the other an easement for vehicle and pedestrian access over the Circulation Driveway, plus easements for utilities and storm drainage. No cross-parking by employees on the other lot is allowed unless agreed. Work on utilities requires 30 days’ notice and cannot unreasonably disrupt the other lot’s business.
• Maintenance responsibilities: Each lot owner must maintain its own buildings and improvements in first-class commercial condition. The Association (formed by the office condo declaration) is responsible for maintaining, repairing, and replacing the Circulation Driveway. The Association has a perpetual easement over both lots to perform that maintenance.
• Assessments & cost sharing: The Owner of Lot 1 must pay a Regular Assessment equal to 10% of the estimated Common Expenses (costs to maintain the driveway) each calendar year. Assessments can include reserves. If not paid within 15 days, interest at 15% per annum and a late fee (greater of $25 or 10% of unpaid amount) apply. The Association has a lien on Lot 1 for unpaid assessments.
• Insurance requirements: The Association must maintain liability insurance of at least $1,000,000 per occurrence/$2,000,000 aggregate, naming Lot 1's owner as additional insured. Each lot owner must insure their buildings (at least 80% replacement value) and maintain commercial general liability of at least $2,000,000, naming the Association as additional insured. Mutual waiver of subrogation applies.
• Environmental restrictions: No lot may be used to generate, store, or handle hazardous or toxic substances except in full compliance with law. Each owner indemnifies others for environmental breaches.
• Amendments & enforcement: The declaration can only be amended by a recorded instrument signed by the Association, both declarants (if they still own a lot), and the Owner of Lot 1. Any owner or the Association can enforce the covenants. The prevailing party in any enforcement lawsuit recovers attorney fees.
• What this document does not cover: This document does not regulate residential use, pet ownership, leasing terms, or architectural review for individual tenants. It only governs the relationship between the two lot owners and the shared driveway. Details of the office condominium (on Lot 2) would be in a separate condominium declaration.

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.