Surprise Towne Center

What Surprise Towne Center's governing documents say

This is a Supplemental Declaration of Covenants and Restrictions for Surprise Towne Center, a commercial shopping center in Sun City West, AZ. It restricts the use of a specific parcel (Owner Parcel) to a fast food pasta/pizza restaurant with drive-through (initially Fazoli's) and governs architectural approvals, exclusive use rights, stormwater retention, and easements. These rules bind the property owners (Developer and Owner) and their successors, not individual homeowners or tenants directly.

• Permitted use & restrictions: The Owner Parcel must initially be used as a Fazoli's fast food pasta/pizza restaurant with drive-through. Any change in use or trade name requires Developer's written consent, which cannot be unreasonably withheld but may be denied for reasons such as violating existing exclusive rights, duplicating a primary use of another tenant over 3,000 sq ft, or being inconsistent with comparable retail centers. After 5 years, Owner may switch to another National Chain restaurant (operating ≥50 restaurants in multiple states) without Developer's consent, provided no similar restaurant already operates in the center and no exclusive rights are violated.
• Architectural review & construction: Owner must submit site plans, renderings, and landscaping details to Developer at least 45 days before construction. Developer has 15 days to approve or disapprove; failure to respond within 5 days after written notice results in deemed approval. Material modifications require resubmission. The building must not exceed 3,100 sq ft (excluding canopy) and 24 ft in height, and must open for business within 270 days of recording. If construction does not begin within 45 days, Owner must maintain the parcel in clean condition with grass/decomposed granite and irrigation.
• Exclusive use rights: Developer grants Owner an exclusive right: no other pad in the Shopping Center may be used for a fast food restaurant with drive-through primarily featuring pasta/pizza, as long as Owner operates such a restaurant. This does not prohibit sit-down restaurants with waiter service. If Developer breaches, Owner may seek specific performance or damages. The exclusive right may be challenged by third parties; Owner may choose to defend or waive it.
• Stormwater retention: Owner must handle all stormwater retention on the Owner Parcel. Developer cannot authorize other parcels or common areas to use the Owner Parcel for drainage, except for incidental diversion from other parcels or the ring road.
• Easements: Developer grants a temporary 30-ft easement for paving and access between the Owner Parcel and the ring road until permanent access is provided. A permanent easement for vehicular ingress/egress is granted over a driveway to be built by the 'Tire Pad' developer, which must be at least 24 ft wide with specific paving specs.
• Enforcement & modification: Any owner of a parcel may seek an injunction for violations. This Supplemental Declaration cannot be modified or terminated without written consent of both Owner and Developer, except that Developer may amend the Declaration without Owner's consent if it does not materially affect Owner's use, access, visibility, parking, or costs. Notices must be in writing and delivered personally or by certified mail.
• What this document doesn't cover: This is a supplemental commercial covenant between two property owners. It does not contain rules for residential homeowners, tenants, or renters, nor does it address assessments, pet restrictions, leasing terms for residential units, age restrictions, or affordable housing requirements. Residents or visitors should refer to the primary Declaration and any applicable leases or tenant rules.

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.