Coldwater Springs Promenade

What Coldwater Springs Promenade's governing documents say

Coldwater Springs Promenade is a commercial retail shopping center in Tolleson, AZ — this Declaration of Easements, Covenants, Conditions and Restrictions (CC&Rs) governs the lots (Parcels) within the Retail Project. It applies to owners of commercial lots (Owners) and their tenants, employees, and customers (Permittees), setting rules for use, maintenance, parking, signage, architecture, and assessments. This is not a residential community; the document is for business operators and property investors.

• Permitted & prohibited uses: Each Parcel may only be used for lawful purposes consistent with local laws, and numerous specific uses are banned, including: adult bookstores, pawn shops, flea markets, massage parlors (except licensed therapists in spas/clinics), auto sales, cemeteries, game arcades (max 5 devices incidental), recycling, industrial uses, houses of worship, residential, trailer courts, oil/gas drilling, outside storage (except behind screened barriers), sidewalk sales more than twice yearly, and firearms ranges. Developer or ECCS may grant exclusive-use rights to other owners.
• Parking & traffic: Each improved Parcel must have at least 4.5 parking spaces per 1,000 square feet of gross leasable building area. Owners grant a non-exclusive easement for parking over their Parking Areas to all other owners and their Permittees, except up to 8 reserved spaces per Parcel (with Manager approval). Parking on public streets and Common Driveways is prohibited. Manager is not responsible for security, traffic direction, or parking enforcement.
• Signage & architectural control: No exterior signs may be constructed without prior written approval of the Manager (not to be unreasonably withheld). All new construction or material exterior alterations require Manager approval via submitted plans; approval is deemed if Manager fails to act within 15 days after a complete application. A one-time review fee of up to $750 may be charged. National retailers building 10,000+ sq ft using a standard prototype are generally approved if consistent with overall design.
• Assessments & liens: Annual Assessments are levied per Parcel based on a budget; Special Assessments may also be imposed. Assessments, plus interest, late charges, and collection costs (including attorney fees), constitute a lien on the Parcel and are the personal obligation of the owner when the assessment became due. The Manager may charge a management fee not exceeding 5% of estimated Annual Assessment.
• Maintenance responsibilities: The Manager maintains Common Areas (e.g., landscaping along major streets, common driveways, monument signs, parking areas) with costs shared as Common Expenses. Owners maintain their own buildings and improvements in 'first-class condition,' including paving, repair of utility lines on their Parcel, and landscaping outside Common Areas. Damage caused by an owner’s willful/negligent act is paid by that owner.
• Easements & access: Reciprocal access easements allow all owners and their Permittees to use Common Driveways, sidewalks, and Parking Areas for ingress/egress. Utility easements are granted across Parcels for installation and maintenance of utilities. A temporary construction easement (20 ft wide) is granted along common boundaries during initial construction. Encroachment easements allow screen walls, curbs, and light poles to encroach up to 1 foot onto neighboring Parcels.

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.