Tuscano Towne Center

What Tuscano Towne Center's governing documents say

This is a supplemental declaration for a commercial shopping center in Tolleson, AZ. It governs a specific parcel (Lot 2 of Tuscano Towne Center) and binds commercial owners and tenants—not residential homeowners. The document is an ancillary fragment that adds use restrictions, exclusive rights, and repurchase options to a larger master declaration.

• Permitted use & trade name: The parcel must operate as a quick-service hamburger restaurant (initially Burger King) with a drive-through. No other trade name or use is allowed without developer consent for at least 10 years.
• Exclusive use restriction: As long as the Burger King is operating, the developer cannot lease another pad in the shopping center to a restaurant whose primary menu item is hamburgers. (Del Taco is explicitly excluded from this restriction.)
• Architectural & development standards: Only one building of up to 4,500 sq. ft. and 28 ft. tall (with design approval) is allowed. Construction must start within 120 days and open within 365 days; otherwise the parcel must be landscaped or may trigger repurchase.
• Repurchase option (developer): If the owner fails to open, ceases operations for 365 consecutive days, or violates the use restriction, the developer may repurchase the parcel at fair market value (or 95% of FMW for use violations), subject to appraisal.
• Protected area & common areas: A designated 'Protected Area' around the parcel gives the owner a say in changes to common areas that would materially affect access or visibility from Lower Buckeye Road.
• Schedule of tenant exclusives: The document lists exclusive use rights for other tenants (e.g., Wal-Mart, Del Taco, Bank One, Brakes Plus, etc.) that limit which other businesses can operate in the shopping center.
• What this document doesn't cover: It does not cover residential rules, pet policies, or any fees for homeowners. It is a partial document specific to one commercial parcel within a larger shopping center.

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.