Happy Valley Towne Court

What Happy Valley Towne Court's governing documents say

Happy Valley Towne Court is a commercial shopping center in Phoenix, AZ, governed by a Declaration of Covenants, Conditions and Restrictions between the property owners (developers). These rules bind the owners of the lots (financial institutions, retail, restaurants, offices) and not residential tenants. The document controls land use, exclusive restaurant rights, maintenance, insurance, and construction.

• Permitted uses: Lots may be used for financial institutions, service shops, retail offices, retail stores, and restaurants. No residential use, schools, churches, bars, nightclubs, theaters, health clubs, car washes, or other listed prohibited uses are allowed without written consent.
• Exclusive restaurant use restrictions: Only one pizza/pasta restaurant, one hot dog/chili dog/hot beef restaurant, one deli sandwich restaurant, one Mexican food restaurant (≥15% of gross revenue from Mexican food), and one Asian food restaurant (≥15% from Asian food) are permitted at a time. If the designated restaurant on the Food Court Parcel (Lot 3) ceases operation for 12 consecutive months, another lot may take that use after notice and 30-day grace period.
• Prohibited uses: No adult entertainment, massage parlor, skating rink, mortuary, mobile home/trailer court, junkyard, landfill, obnoxious odors/noise, warehouse, manufacturing, secondhand store, fire sale, living quarters, veterinary hospital, school, daycare, casino, or gambling facility. Alcoholic beverage sales limited to ≤30% of gross revenue for restaurants.
• Maintenance responsibilities: Each owner must maintain their building and common area (parking, landscaping, lighting, signs) in good condition, including sweeping, trash removal, painting, striping, snow/ice removal. Owners may appoint a third-party agent for common area maintenance.
• Insurance and indemnification: Each owner must carry property casualty insurance (full replacement cost) and general liability ($3 million per occurrence), naming other owners as additional insureds. Owners must indemnify each other for claims arising from their parcel, except for the indemnitee's negligence.
• Construction and modifications: New construction requires written plan approval from all owners. Total construction time from footing to occupancy cannot exceed one year (weather/force majeure excepted). All improvements must be completed within 90 days of occupancy. No barriers or obstructions to traffic flow without 15 days' notice.
• Term and assignment: The declaration runs until December 31, 2099, but perpetual easements continue. Rights and obligations may be assigned to ground lessees with written assumption. Modification requires written agreement of all parties and recording.

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.