Brickyard on Mill Condominiums

What Brickyard on Mill Condominiums's governing documents say

This is a Deed Restriction for Unit 2 (the commercial unit) of Brickyard On Mill Condominiums in Tempe, AZ. It is a supplemental covenant between the owner of that commercial unit and Borders bookstore, granting Borders exclusive retail and café rights and prohibiting certain uses within the unit. This document does not contain the full condominium rules that apply to residential unit owners, tenants, or the association.

• What this document covers: This deed restriction applies only to the commercial unit (Unit 2) and is effective only while the Borders lease is in effect. It runs with the land, binding future owners of the unit.
• Exclusive use rights (Borders): Borders has exclusive rights to: (A) sell books, periodicals, prerecorded video and music products (subject to a small exception for ancillary sales by other tenants limited to 200 sq ft or 5% of their gross leasable area), and (B) operate a café/coffee bar (except in full-service sit-down restaurants and a pre-existing 'Orchidhouse' area). If Borders stops using a specific category for 365 consecutive days, that exclusive right lapses.
• Prohibited uses: The entire commercial unit cannot be used for any of the listed prohibited uses, including flea market, swap meet, bowling alley, arcade, game room, skating rink, billiard room (except in bar/tavern/restaurant), massage parlor (except spa or medical), adult book store, motion picture theater, funeral parlor, drug paraphernalia sales, carnival/amusement park/circus (occasional events ok), car dealership, gas station, and auto repair shop.
• Maintenance obligation: The commercial unit and its improvements must be continuously maintained in first-class condition, free of debris and accumulations of ice, snow, and water.
• Enforcement and remedies: Borders may enforce these restrictions through legal action, including specific performance and injunctive relief. The prevailing party in litigation is entitled to recover costs and reasonable attorneys' fees.
• What this document doesn't cover: This document does not contain the full condominium covenants, conditions, and restrictions (CC&Rs) for the entire Brickyard On Mill community. It does not address residential unit rules, pet limits, leasing restrictions, assessment amounts, or any rights/obligations of residential homeowners, tenants, or the association. For those, refer to the master condominium declaration and bylaws.

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.