The City at Surprise —

What The City at Surprise —'s governing documents say

This is a declaration of covenants, conditions, restrictions, and easements for 'The City at Surprise — Phase 1', a mixed-use commercial development in Surprise, AZ. It governs the owners of commercial tracts (pads) within the project, not residential homeowners or renters. The rules cover architectural design, maintenance, parking, and use of the property, and are intended to create a first-class, Mediterranean-themed commercial center.

• Architectural & design review: All improvements must conform to a 'Mediterranean' style and require Declarant's approval through a detailed two-step plan submission process. Approvals consider site plan, landscaping, colors, lighting, and compatibility with neighboring buildings.
• Permitted uses: Unless limited by a separate tract declaration, property may be used for any use allowed under current zoning, including retail, restaurant, hospital, hotel, office, and general commercial. No residential use is mentioned.
• Maintenance & cost sharing: Each owner maintains its own buildings and tract improvements. Declarant maintains designated 'Common Maintenance Areas' (landscaped areas and private street) and charges owners a share based on tract square footage, plus a 5% administration fee. Owners may audit Declarant's records.
• Parking: Owners must construct and maintain parking spaces per their approved site plan. Specific pad owners (A, B, C, D, E) have allocated spaces in the Parking Field (43, 42, 50, 50, 41 spaces respectively). A future parking facility may be built after year 5, and owners may be charged for its operation.
• Enforcement & violations: Declarant enforces the declaration. Violations trigger a notice and cure period; if unresolved, Declarant can enter the tract to abate, impose a lien for enforcement costs (with 18% interest), and seek arbitration or legal action. The losing party pays attorneys' fees.
• Term & amendments: The declaration runs for 65 years from 2004, with automatic 10-year renewals. Amendments require written consent of Declarant and owners of at least 50% of the total land area (excluding rights-of-way). Lienholder approval is needed for amendments affecting mortgage priority.
• Easements & access: Reciprocal easements are granted for ingress/egress over common access areas, parking on common parking areas, and drainage. Declarant retains easements for access, utilities, and monument signs for the benefit of itself and benefitted land.

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.