Common use of Development and Use Restrictions Clause in Contracts

Development and Use Restrictions. Redeveloper agrees that during the Tax Increment Period no portion of the Project Site shall be used for any of the following uses and practices: (a) any outdoor off premises advertising specifically including billboards, signboards and related structures and appurtenances, except as shown on the Project Schematic Drawings and temporary signs advertising such lot is for sale or lease by the owner thereof; (b) any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of 50% of gross sales on the licensed premises) or any such business that in the opinion of the City has an unreasonable pattern of liquor law violations; (c) any business for the sale of alcoholic beverages for consumption on the premises if such use, in the reasonable opinion of the City, has an unreasonable pattern of unlawful disturbances or alcoholic beverage law violations; (d) any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, cigar bars, or grocery stores); (e) any business operated or held out to the public as a sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service; The foregoing exclusion shall not include pay for view video/audio services, internet, and other forms of telecommunication/communication systems offered or available to Lincoln residents; (f) any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products; (g) any business involving gambling or wagering even if otherwise permitted by law including bingo, slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding the retail sale of lottery tickets as permitted by applicable law; (h) any business involving the sale or display of weapons, self-service Laundromats for non-residents or non-occupants of the Project Site, illegal activities, or the sale of any illegal goods or products; (i) any business providing payday loans, liens, check cashing services, or other similar services except for banks, savings and loans, insurance companies, investment companies, stock brokers, credit unions, and automated teller machines;

Development and Use Restrictions. Redeveloper agrees that during the Tax Increment Period no portion of the Project Site shall be used for any of the following uses and practices: (a) any outdoor off premises advertising specifically including billboards, signboards and related structures and appurtenances, except as shown on the Project Schematic Drawings and temporary signs advertising such lot is for sale or lease by the owner thereof; (b) any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of 50% of gross sales on the licensed premises) ), but permitting any craft brewery, alcohol distiller, or winery or tasting room of any such business that in craft brewery, alcohol distiller, or winery which produces alcoholic beverages for consumption on or off the opinion of the City has an unreasonable pattern of liquor law violationspremises; (c) any business for the sale of alcoholic beverages for consumption on the premises if such use, in the reasonable opinion of the City, has an unreasonable pattern of unlawful disturbances or alcoholic beverage law violations; (d) any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, cigar bars, or grocery stores); (e) any business operated or held out to the public as a sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service; The foregoing exclusion shall not include pay for view video/audio services, internet, and other forms of telecommunication/communication systems offered or available to Lincoln residents; (f) any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products; (g) any business involving gambling or wagering even if otherwise permitted by law including bingo, slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding the retail sale of lottery tickets as permitted by applicable law; (h) any business involving the sale or display of weapons, self-service Laundromats for non-residents or non-occupants of the Project Site, illegal activities, or the sale of any illegal goods or products; (i) any business providing payday loans, liens, check cashing services, or other similar services except for banks, savings and loans, insurance companies, investment companies, stock brokers, credit unions, and automated teller machines; (j) cell towers, although cellular antennae and transmission equipment may be incorporated into the Redeveloper Improvements provided that they are properly screened and otherwise meet design standards that meet the City’s approval.

Development and Use Restrictions. Redeveloper agrees that during the Tax Increment Period no portion of the Project Site shall be used for any of the following uses and practices: (a) any outdoor off premises advertising specifically including billboards, signboards and related structures and appurtenances, except as shown on the Project Schematic Drawings and temporary signs advertising such lot is for sale or lease by the owner thereof; (b) any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of 50% of gross sales on the licensed premises) ), but permitting any craft xxxxxx or any such business that in alcohol distiller which produces alcoholic beverages for consumption on or off the opinion of the City has an unreasonable pattern of liquor law violationspremises; (c) any business for the sale of alcoholic beverages for consumption on the premises if such use, in the reasonable opinion of the City, has an unreasonable pattern of unlawful disturbances or alcoholic beverage law violations; (d) any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, cigar bars, or grocery stores); (e) any business operated or held out to the public as a sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service; The foregoing exclusion shall not include pay for view video/audio services, internet, and other forms of telecommunication/communication systems offered or available to Lincoln residents; (f) any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products; (g) any business involving gambling or wagering even if otherwise permitted by law including bingo, slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding the retail sale of lottery tickets as permitted by applicable law; (h) any business involving the sale or display of weapons, self-service Laundromats for non-residents or non-occupants of the Project Site, illegal activities, or the sale of any illegal goods or products; (i) any business providing payday loans, liens, check cashing services, or other similar services except for banks, savings and loans, insurance companies, investment companies, stock brokers, credit unions, and automated teller machines; (j) cell towers, although cellular antennae and transmission equipment may be incorporated into the Redeveloper Improvements provided that they are properly screened and otherwise meet design standards that meet the City’s approval.

Development and Use Restrictions. Redeveloper agrees that during the Tax Increment Period no portion of the Project Site shall be used for any of the following uses and practices: (a) any outdoor off premises advertising specifically including billboards, signboards and related structures and appurtenances, except as shown on the Project Schematic Drawings and temporary signs advertising such lot is for sale or lease by the owner thereof; (b) any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of 50% of gross sales on the licensed premises) or any such business that in the opinion of the City has an unreasonable pattern of liquor law violations; (c) any business for the sale of alcoholic beverages for consumption on the premises if such use, in the reasonable opinion of the City, has an unreasonable pattern of unlawful disturbances or alcoholic beverage law violations; (d) any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, cigar bars, or grocery stores); (e) any business operated or held out to the public as a sexually oriented business including live entertainment establishments as defined in Section 27.03.545 27.02.200 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service; The foregoing exclusion shall not include pay for view video/audio services, internet, and other forms of telecommunication/communication systems offered or available to Lincoln residents; (f) any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products; (g) any business involving gambling or wagering even if otherwise permitted by law including bingo, slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding keno, bingo and the retail sale of lottery tickets as permitted by applicable law; (h) any business involving the sale or display of weapons, self-service Laundromats for non-residents or non-occupants of the Project Site, illegal activities, or the sale of any illegal goods or products; (i) any business providing payday loans, liens, check cashing services, or other similar services except for banks, savings and loans, insurance companies, investment companies, stock brokers, credit unions, and automated teller machines;

Development and Use Restrictions. Redeveloper agrees that during the Tax Increment Period no portion of the Project Site shall be used for any of the following uses and practices: (a) any outdoor off premises advertising specifically including billboards, signboards and related structures and appurtenances, except as shown on the Project Schematic Drawings and temporary signs advertising such lot is for sale or lease by the owner thereof; (b) any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of 50% of gross sales on the licensed premises) or any such business that in the opinion of the City has an unreasonable pattern of liquor law violations; (c) any business for the sale of alcoholic beverages for consumption on the premises if such use, in the reasonable opinion of the City, has an unreasonable pattern of unlawful disturbances or alcoholic beverage law violations; (d) any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, cigar bars, or grocery stores); (e) any business operated or held out to the public as a sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service; The foregoing exclusion shall not include pay for view video/audio services, internet, and other forms of telecommunication/communication systems offered or available to Lincoln residents; (f) any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products; (g) any business involving gambling or wagering even if otherwise permitted by law including bingo, slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding keno and the retail sale of lottery tickets as permitted by applicable law; (h) any business involving the sale or display of weapons, self-service Laundromats for non-residents or non-occupants of the Project Site, illegal activities, or the sale of any illegal goods or products; (i) any business providing payday loans, liens, check cashing services, or other similar services except for banks, savings and loans, insurance companies, investment companies, stock brokers, credit unions, and automated teller machines;

Development and Use Restrictions. Redeveloper agrees that during the Tax Increment Period no portion of the Project Site shall be used for any of the following uses and practices: (a) any outdoor off premises advertising specifically including billboards, signboards and related structures and appurtenances, except as shown on the Project Schematic Drawings Exterior Construction Documents and temporary signs advertising such lot is for sale or lease by promotions of businesses within the owner thereofProject Area; (b) any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of 50% of gross sales on the licensed premises) ), but permitting any craft xxxxxx or any such business that in alcohol distiller which produces alcoholic beverages for consumption on or off the opinion of the City has an unreasonable pattern of liquor law violationspremises; (c) any business for the sale of alcoholic beverages for consumption on the premises if such use, in the reasonable opinion of the City, has an unreasonable pattern of unlawful disturbances or alcoholic beverage law violations; (d) any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, cigar bars, or grocery stores); (e) any business operated or held out to the public as a sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service; The foregoing exclusion shall not include pay for view video/audio services, internet, and other forms of telecommunication/communication systems offered or available to Lincoln residents; (f) any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products; (g) any business involving gambling or wagering even if otherwise permitted by law including bingo, slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding the retail sale of lottery tickets as permitted by applicable law; (h) any business involving the sale or display of weapons, self-service Laundromats for non-residents or non-occupants of the Project Site, illegal activities, or the sale of any illegal goods or products; (i) any business providing payday loans, liens, check cashing services, or other similar services except for banks, savings and loans, insurance companies, investment companies, stock brokers, credit unions, and automated teller machines; (j) cell towers, although cellular antennae and transmission equipment may be incorporated into the Redeveloper Improvements provided that they are properly screened and otherwise meet design standards that meet the City’s approval.

Development and Use Restrictions. Redeveloper agrees that during the Tax Increment Period no portion of the Project Site shall be used for any of the following uses and practices: (a) any outdoor off premises advertising specifically including billboards, signboards and related structures and appurtenances, except as shown on the Project Schematic Drawings and temporary signs advertising such lot is for sale or lease by the owner thereof; (b) any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of 50% of gross sales on the licensed premises) or any such business that in the opinion of the City has an unreasonable pattern of liquor law violations; (c) any business for the sale of alcoholic beverages for consumption on the premises if such use, in the reasonable opinion of the City, has an unreasonable pattern of unlawful disturbances or alcoholic beverage law violations; (d) any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, cigar bars, or grocery stores); (e) any business operated or held out to the public as a sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service; The foregoing exclusion shall not include pay for view video/audio services, internet, and other forms of telecommunication/communication systems offered or available to Lincoln residents; (f) any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products; (g) any business involving gambling or wagering even if otherwise permitted by law including bingo, slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding keno and the retail sale of lottery tickets as permitted by applicable law; (h) any business involving the sale or display of weapons, self-service Laundromats for non-residents or non-occupants of the Project Site, illegal activities, or the sale of any illegal goods or products; (i) any business providing payday loans, liens, check cashing services, or other similar services except for banks, savings and loans, insurance companies, investment companies, stock brokersstockbrokers, credit unions, and automated teller machines;

Development and Use Restrictions. Redeveloper agrees that during the Tax Increment Period no portion of the Project Site Redeveloper Property shall be used for any of the following uses and practices: (a) any outdoor off premises advertising specifically including billboards, signboards and related structures and appurtenances, except as shown on a. Any use or practice that would be non-compliant with the Project Schematic Drawings and temporary signs advertising such lot is for sale or lease by City’s policy of “no net rise” pertaining to the owner thereofflood storage capacity of the Redeveloper Property; (b) any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of 50% of gross sales on the licensed premises) or any such business that in the opinion of the City has an unreasonable pattern of liquor law violations; (c) any business for the sale of alcoholic beverages for consumption on the premises if such use, in the reasonable opinion of the City, has an unreasonable pattern of unlawful disturbances or alcoholic beverage law violations; (d) any b. Any business whose predominant operation is the retail sale of tobacco products products, (predominant shall mean means retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, cigar barsconvenience stores, or grocery stores); (e) any c. Any business operated or held out to the public as a sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as anyas: sexually oriented showshows, moviemovies, picturepictures, exhibitionexhibitions, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet internet, or similar service; sexually oriented massage parlor; , or escort service; The foregoing exclusion shall not include pay for view video/audio services, internet, and other forms of telecommunication/communication systems offered or available to Lincoln residents; (f) any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products; (g) any d. Any business involving gambling or wagering even if otherwise permitted by law including including, but not limited to, keno, bingo, slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding the retail sale of lottery tickets as permitted by applicable law;; and (h) any e. Any business involving the sale or display of weapons, self-service Laundromats Laundromat for non-residents nonresidents or non-occupants of the Project SiteRedeveloper Property, illegal activities, or the sale of any illegal goods or products; (i) any business providing payday loans, liens, check cashing services, or other similar services except for banks, savings and loans, insurance companies, investment companies, stock brokers, credit unions, and automated teller machines;

Development and Use Restrictions. Redeveloper agrees that during the Tax Increment Period no portion of the Project Site shall be used for any of the following uses and practices: (a) except as allowed by the Telegraph District B-4 Planned Unit Development approved as Ordinance No. 20475 by the City Council on April 3, 2017, as may be amended (“B-4 PUD”), any outdoor off premises advertising specifically including billboards, signboards and related structures and appurtenances, except as shown on the Project Schematic Drawings and Drawings, temporary signs advertising such lot is for sale or lease by the owner thereof; (b) any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of beverages exceed 50% of gross sales on the licensed premises) , except for micro-brewing establishments that sell alcoholic beverages for sale off the premises, or any such business that in the opinion of the City has an unreasonable pattern of liquor law violations; (c) any business for the sale of alcoholic beverages for consumption on the premises if such use, in the reasonable opinion of the City, has an unreasonable pattern of unlawful disturbances or alcoholic beverage law violations; (dc) any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, cigar bars, or grocery stores); (ed) any business operated or held out to the public as a sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service; . The foregoing exclusion shall not include pay for view video/audio services, internet, and other forms of telecommunication/communication systems offered or available to Lincoln residents; (fe) any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products; (gf) any business involving gambling or wagering even if otherwise permitted by law including bingo, slot machines, video lottery machines, or casino games, or off site pari mutual pari- mutuel wagering sites, but excluding keno, bingo, and the retail sale of lottery tickets as permitted by applicable law; (hg) any business involving the sale or display of weapons, self-service Laundromats laundromats for non-residents or non-occupants of the Project Site, illegal activities, or the sale of any illegal goods or products; (ih) any business providing payday loans, liens, check cashing services, or other similar services except for banks, savings and loans, insurance companies, investment companies, stock brokersstockbrokers, credit unions, and automated teller machines;; and (i) cell towers, although cellular tower, antennae and transmission equipment may be incorporated into the Private Improvements provided that they are properly screened and otherwise meet design standards that meet the City’s approval.