Pacific Promenade

What Pacific Promenade's governing documents say

This is a supplemental declaration for a commercial mixed-use development in Scottsdale, AZ — the Promenade. It establishes easements, maintenance duties, and use restrictions between two parcels: the main retail/office parcel (Declarant Parcel) and a self-storage parcel. It does not govern residential homeowners, condos, or typical HOA rules; it applies to commercial property owners and their tenants.

• Reciprocal access & parking: Each parcel has a non-exclusive easement over the other's common areas and designated protected access drives for vehicle and pedestrian access, ingress/egress, and parking. Easements cannot unreasonably interfere with the other parcel's business operations.
• Maintenance obligations: Each owner must maintain its own buildings and common areas (including paved surfaces, lighting, and landscaping) in 'First-Class Condition' at its own expense. The self-storage owner is not required to contribute to the Declarant's common area maintenance costs under the Prior Declaration.
• Use restrictions (self-storage parcel): The self-storage parcel cannot be used as a discotheque, adult entertainment, pawn shop, flea market, funeral parlor, veterinary hospital, hotel, residential, junk yard, etc. It must comply with exclusive rights granted to existing tenants on the Declarant Parcel (e.g., Cost Plus, OfficeMax, Ulta) as listed in Exhibit C. Self-storage use is permitted with city approvals.
• Insurance & taxes: The self-storage owner must maintain insurance as required by the Prior Declaration and provide certificates upon request. Each owner pays all property taxes and assessments on its own parcel.
• Amendments & term: This declaration runs with the land for 99 years. It can be terminated or amended only by written consent of both the Declarant (or its assignee) and the record owner of the self-storage parcel.
• Remedies & self-help: If an owner breaches, the other owner may seek injunction or other legal remedies. After 30 days' notice (or immediately for emergencies), a non-defaulting owner may perform the obligation and charge the defaulting owner the cost plus 10%, secured by a lien on the parcel.
• What this document doesn't cover: This is a supplemental document that references a 'Prior Declaration.' It does not contain the full set of rules for the development, nor does it create a residential homeowners' association. Resident-specific rules (pets, rentals, age limits, etc.) are not addressed here.

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.