Common use of Retail Space Clause in Contracts

Retail Space. The type and quality of tenants allowed in the Retail Space shall be in harmony with the balance of the Project as approved in the reasonable discretion of City, and shall specifically exclude any offensive or incongruent uses including, but not limited to, the following: (1) Any public or private nuisance (as defined in California Civil Code Section 3479) connected with business operations conducted on the Property; (2) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; (3) Any obnoxious odor; (4) Any noxious materials, and any toxic or caustic, or corrosive fuel or gas in violation of applicable law; (5) Any dust, dirt or particulate matter in excessive quantities; (6) Any unusual fire, explosion, or other damaging or dangerous hazard; (7) Any warehouse, other than that which is incidental to the primary commercial use or business operation, and any assembly, manufacturing, distillation, refining, smelting, agriculture, or mining operation; (8) Any pawn shop or retail sales operation involving second-hand merchandise; (9) Any adult business or facility as defined and regulated in City’s Municipal Code. Such uses include, without limitation, massage establishments (to the extent defined and regulated in such Code as an adult business or facility), adult news racks, adult bookstores, adult motion picture theaters, and paraphernalia businesses; (10) Any retail outlet that sells alcoholic beverages for off-site consumption; and (11) Any gun shop or retail sales operation for which the main commercial use or business operation is the sale of guns. Owner shall not initiate proceedings to convert the Retail Space into condominium(s) without the express written approval of City. Owner’s sale of its leasehold interest in the Retail Space, or any portion thereof, to a Person shall constitute a transfer within the meaning of Section 107 of the DDA, Section 11 of the City Loan Note, and Section 9.1 of the Ground Lease (collectively, “Transfer”) and such Transfer is subject to City’s written approval, in accordance with those respective sections. In the event that City approves such Transfer for the Retail Space, and as a pre-condition to such Transfer after City approval, Owner shall pay to City THIRTY SIX AND 20/100 DOLLARS ($36.2) per gross square foot of the Retail Space.

Retail Space. The type and quality of tenants allowed in the Retail Space shall be in harmony with the balance of the Project as approved in the reasonable discretion of the City, and shall specifically exclude any offensive or incongruent uses including, but not limited to, the following: (1) . Any public or private nuisance (as defined in California Civil Code Section 3479) connected with business operations conducted on the Property; (2) . Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; (3) . Any obnoxious odor; (4) . Any noxious materials, and any toxic or caustic, or corrosive fuel or gas in violation of applicable law; (5) . Any dust, dirt or particulate matter in excessive quantities; (6) . Any unusual fire, explosion, or other damaging or dangerous hazard; (7) . Any warehouse, other than that which is incidental to the primary commercial use or business operation, and any assembly, manufacturing, distillation, refining, smelting, agriculture, or mining operation; (8) 8. Any pawn shop or retail sales operation involving second-hand merchandise; (9) . Any adult business or facility as defined and regulated in the City’s Municipal Code. Such uses include, without limitation, massage establishments (to the extent defined and regulated in such Code as an adult business or facility), adult news racks, adult bookstores, adult motion picture theaters, and paraphernalia businesses; (10) . Any retail outlet that sells alcoholic beverages for off-site consumption; and (11) . Any gun shop or retail sales operation for which the main commercial use or business operation is the sale of guns. Owner Developer shall not initiate proceedings to convert the Retail Space into condominium(s) without the express written approval of the City. OwnerDeveloper’s sale of its leasehold interest in the Retail Space, or any portion thereof, to a Person shall constitute a transfer within the meaning of Section 107 of the DDAherein, Section 11 of the City Loan Note, and Section 9.1 of the Ground Lease (collectively, “Transfer”) ), and such Transfer is subject to the City’s written approval, in accordance with those respective sections. In the event that City approves such Transfer for the Retail Space, and as a pre-condition to such Transfer after City approval, Owner Developer shall pay to City THIRTY SIX AND 20/100 DOLLARS Fifty-Two Dollars and 50/100 ($36.252.50) per gross square foot of the Retail Space.

Retail Space. The type and quality of tenants allowed in the Retail Space shall be in harmony with the balance of the Project as approved in the reasonable discretion of the City, and shall specifically exclude any offensive or incongruent uses including, but not limited to, the following: (1) . Any public or private nuisance (as defined in California Civil Code Section 3479) connected with business operations conducted on the Property; (2) . Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; (3) . Any obnoxious odor; (4) . Any noxious materials, and any toxic or caustic, or corrosive fuel or gas in violation of applicable law; (5) . Any dust, dirt or particulate matter in excessive quantities; (6) . Any unusual fire, explosion, or other damaging or dangerous hazard; (7) . Any warehouse, other than that which is incidental to the primary commercial use or business operation, and any assembly, manufacturing, distillation, refining, smelting, agriculture, or mining operation; (8) 8. Any pawn shop or retail sales operation involving second-hand merchandise; (9) . Any adult business or facility as defined and regulated in the City’s Municipal Code. Such uses include, without limitation, massage establishments (to the extent defined and regulated in such Code as an adult business or facility), adult news racks, adult bookstores, adult motion picture theaters, and paraphernalia businesses; (10) . Any retail outlet that sells alcoholic beverages for off-site consumption; and (11) . Any gun shop or retail sales operation for which the main commercial use or business operation is the sale of guns. Owner Except to the extent necessary to facilitate the bifurcation of the project to facilitate the 4% and 9% Low Income Tax Credit split financing structure as set forth in Section 214, Developer shall not initiate proceedings to convert the Retail Space into condominium(s) without the express written approval of the City. OwnerDeveloper’s sale of its leasehold interest in the Retail Space, or any portion thereof, to a Person shall constitute a transfer within the meaning of Section 107 of the DDAherein, Section 11 of the City Loan Note, and Section 9.1 of the Ground Lease (collectively, “Transfer”) ), and such Transfer is subject to the City’s written approval, in accordance with those respective sections. In the event that City approves such Transfer for the Retail Space, and as a pre-condition to such Transfer after City approval, Owner Developer shall pay to City THIRTY SIX AND 20/100 DOLLARS ($36.2) per gross square foot of the Retail Space.

Retail Space. The type and quality of tenants allowed in the Retail Space shall be in harmony with the balance of the Project as approved in the reasonable discretion of Citythe Agency, and shall specifically exclude any offensive or incongruent uses including, but not limited to, the following: (1) . Any public or private nuisance (as defined in California Civil Code Section 3479) connected with business operations conducted on the Property; (2) . Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; (3) . Any obnoxious odor; (4) . Any noxious materials, and any toxic or caustic, or corrosive fuel or gas in violation of applicable law; (5) . Any dust, dirt or particulate matter in excessive quantities; (6) . Any unusual fire, explosion, or other damaging or dangerous hazard; (7) . Any warehouse, other than that which is incidental to the primary commercial use or business operation, and any assembly, manufacturing, distillation, refining, smelting, agriculture, or mining operation; (8) 8. Any pawn shop or retail sales operation involving second-hand merchandise; (9) . Any adult business or facility as defined and regulated in the City’s Municipal Code. Such uses include, without limitation, massage establishments (to the extent defined and regulated in such Code as an adult business or facility), adult news racks, adult bookstores, adult motion picture theaters, and paraphernalia businesses; (10) . Any retail outlet that sells alcoholic beverages for off-site consumption; and (11) . Any gun shop or retail sales operation for which the main commercial use or business operation is the sale of guns. Owner shall not initiate proceedings to convert the Retail Space into condominium(s. (1) without the express written approval of City. Owner’s sale of its leasehold interest in the Retail Space, or any portion thereof, to a any other Person or Affiliate of Owner other than the Affiliated Retail Transferee (as hereinafter defined) shall constitute a transfer within the meaning of Section 107 herein and Section 10 of the DDA, Section 11 of the City Agency Loan Note, and Section 9.1 of the Ground Lease Note (collectively, “Transfer”) ), and such Transfer is subject to Citythe Agency’s prior written approval, in accordance with those respective sections. In Except as set forth in Section 401 f. (3) below and subject to the Agency’s right to require the appointment of a Qualified Appraiser to determine the FMV (as defined below) pursuant to this Section 401 f. (1) and Section 401 f. (2) to be used in lieu of the gross sales price for the Retail Space, in the event of a Transfer of the Retail Space, or any portion thereof, to any other Person or to an Affiliate of Owner, and in the event that City the Agency approves such Transfer for the Retail Space, and as a pre-condition to such Transfer after City Agency approval, Owner shall pay to City THIRTY SIX AND 20/100 DOLLARS the Agency the lump sum amount of the Applicable Agency Percentage ($36.2defined below) per of either (i) the gross square foot sales price of the Retail Space at the time of the sale or (ii) the FMV if the Agency Executive Director reasonably determines that the gross sales price is below FMV, in each case minus the Transaction Costs (defined below) after paying debt service to any Senior Lender for the Retail Space (“Agency Participation Payment”). The Agency Participation Payment shall be retained by the Agency as its property. The Agency Executive Director shall have the right to review the proposed sale transaction related to the sale of Retail Space and determine whether the gross sales price of the Retail Space represents the fair market value (“FMV”) for the interest being conveyed. If the Agency Executive Director reasonably determines that the gross sales price of the Retail Space is below FMV, then Owner and Agency shall each appoint and pay for a Qualified Appraiser (as defined below) to determine the FMV in accordance with Section 401 f. (2) below and the FMV established pursuant to Section 401 f. (2) below shall be used instead of the gross sales price to establish the Agency Participation Payment. Owner shall make available for inspection by the Agency or a designated consultant of Agency, copies of all opinions, appraisals and market studies in Owner’s possession related to the estimated value of the Retail Space at the time of the proposed sale. Agency and Agency’s designated consultant will use best efforts to keep such information confidential to the maximum extent permitted by law. Owner shall pay the Agency Participation Payment to Agency on or before the closing for the transfer of the Retail Space discussed herein. The Agency Executive Director may consider, in his/her sole and absolute discretion, additional costs of Owner, limited to capital improvements costs, tenant improvement costs or capitalized lease guarantee payments related to the proposed sale of the Retail Space (“Additional Costs”), to be deducted from the gross sales price of the Retail Space prior to determining the Agency’s Participation Payment, in addition to the items listed in this Section 401. f (1). The Additional Costs shall be costs expended by Owner within the twelve (12) months immediately preceding the sale of the Retail Space and such Additional Costs shall be required by and pursuant to an executed purchase and sale agreement between Owner and the proposed purchaser of the Retail Space, which executed purchase and sale agreement shall be provided to Agency. Owner shall make a written request to the Agency Executive Director no later than sixty (60) days prior to the close of escrow for the sale of the Retail Space to consider the addition of such Additional Costs. All Additional Costs shall be supported by written documentation and any other items requested by the Agency Executive Director in his/her sole and absolute discretion.

Retail Space. The type and quality of tenants allowed in the Retail Space shall be in harmony with the balance of the Project as approved Approved in the reasonable discretion of Citythe Mayor, and shall specifically exclude any offensive or incongruent uses including, but not limited to, the following: (1) . Any public or private nuisance (as defined in California Civil Code Section section 3479) connected with business operations conducted on the Property; (2) . Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; (3) . Any obnoxious odor; (4) . Any noxious materials, and any toxic or caustic, or corrosive fuel or gas in violation of applicable law; (5) . Any dust, dirt or particulate matter in excessive quantities; (6) . Any unusual fire, explosion, or other damaging or dangerous hazard; (7) . Any warehouse, other than that which is incidental to the primary commercial use or business operation, and any assembly, manufacturingmanufacturing (except for small scale manufacturing permitted in the Redevelopment Plan), distillationdistillation (except in connection with a brew-pub or distillery-pub), refining, smelting, agriculture, or mining operation; (8) 8. Any pawn shop or retail sales operation involving second-hand merchandise; (9) . Any adult business or facility as defined and regulated in the City’s Municipal Code. Such uses include, without limitation, massage establishments (to the extent defined and regulated in such Code as an adult business or facility), adult news racks, adult bookstores, adult motion picture theaters, and paraphernalia businesses; 10. Any marijuana dispensary (10) Any retail outlet that sells alcoholic beverages for off-site consumptionrecreational or medicinal); and (11) . Any gun shop or retail sales or repair operation for which the main commercial use or business operation is includes the sale or repair of guns. Owner shall not initiate proceedings to convert the Retail Space into condominium(s) without the express written approval of City. Owner’s sale of its leasehold interest in the Retail Space, or any portion thereof, to a Person shall constitute a transfer within the meaning of Section 107 of the DDA, Section 11 of the City Loan Note, and Section 9.1 of the Ground Lease (collectively, “Transfer”) and such Transfer is subject to City’s written approval, in accordance with those respective sections. In the event that City approves such Transfer for the Retail Space, and as a pre-condition to such Transfer after City approval, Owner shall pay to City THIRTY SIX AND 20/100 DOLLARS ($36.2) per gross square foot of the Retail Space.

Retail Space. The type and quality of tenants allowed in the Retail Space shall be in harmony with the balance of the Project as approved in the reasonable discretion of the City, and shall specifically exclude any offensive or incongruent uses including, but not limited to, the following: (1) . Any public or private nuisance (as defined in California Civil Code Section 3479) connected with business operations conducted on the Property; (2) . Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; (3) . Any obnoxious odor; (4) . Any noxious materials, and any toxic or caustic, or corrosive fuel or gas in violation of applicable law; (5) . Any dust, dirt or particulate matter in excessive quantities; (6) . Any unusual fire, explosion, or other damaging or dangerous hazard; (7) . Any warehouse, other than that which is incidental to the primary commercial use or business operation, and any assembly, manufacturing, distillation, refining, smelting, agriculture, or mining operation; (8) 8. Any pawn shop or retail sales operation involving second-hand merchandise; (9) . Any adult business or facility as defined and regulated in the City’s Municipal Code. Such uses include, without limitation, massage establishments (to the extent defined and regulated in such Code as an adult business or facility), adult news racks, adult bookstores, adult motion picture theaters, and paraphernalia businesses; (10) . Any retail outlet that sells alcoholic beverages for off-site consumption; and (11) . Any gun shop or retail sales operation for which the main commercial use or business operation is the sale of guns. e. 1. Owner shall not initiate proceedings to convert the Retail Space into condominium(s) without the express written approval of City. OwnerDeveloper’s sale of its leasehold interest in the Retail Space, or any portion thereof, to a any other Person or Affiliate of Developer shall constitute a transfer within the meaning of Section 107 of the DDAherein, Section 11 of the City Loan Note, and Section 9.1 of the Ground Lease (collectively, “Transfer”) and such ). Such Transfer is subject to the City’s prior written approval, in accordance with those respective sections. In the event that City approves such Transfer for the Retail Space, and as a pre-condition to such Transfer after City approval, Owner shall pay to City THIRTY SIX AND 20/100 DOLLARS ($36.2) per gross square foot of the Retail Space.