Use and Operation. Developer covenants that at all times during the Term it will at its expense: Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. Perform its duties to repair, restore, and replace portions of the Project as set forth in Sections 6.07(b) and (d). Developer hereby understands and agrees that the nature of the shopping center to be developed pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder): (i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District. (ii) A gas station or car wash. (iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal. (iv) Any pawn shop or flea market. (v) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia. (vi) Pay-day or title loan facilities. (vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District. (viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted). (ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein). (x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements. (xi) Any establishment selling or exhibiting sexually oriented materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude dancers or wait staff; except that this provision shall not be deemed to preclude the operation within the District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials. (xii) Any seasonal tax preparation facility which uses "street marketing" of any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Project. (xiii) Any precious metals facilities. (xiv) Housing in which rent is government-subsidized or "low income" housing. (xv) Any use not permitted by the applicable zoning ordinance of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance. 2. Any notice sent in accordance with the Development Agreement to Assignee shall constitute notice under the Development Agreement and the Assignee shall be deemed to have knowledge of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to the following address ("Assignee's Notice Address"): OPMOB OWNER, LLC 000 Xxxxxxxxxx Xxxxx Xxxxxxx, MO 630621 Attn: Xxx Xxxxxx 3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable and addressed to the payee of Developer in accordance with the Development Agreement. If at any time a payment is due to be paid by the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3. 4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement. 5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording. 6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement. 7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Use and Operation. Developer covenants that at all times during the Term it will will, at its expense: :
(a) Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. .
(b) Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. .
(c) Perform its duties to repair, restore, restore and replace portions of the Project as set forth in Sections 6.07(b) and (d). .
(d) Developer hereby understands and agrees that the nature of the shopping center retail project to be developed redeveloped pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder):District:
(i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District.
(ii) A gas station or car wash.
(iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal.
(iv) Any pawn shop or flea market.
(v) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia.
(vi) Pay-day or title loan facilities.
(vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District.
(vii) Pay-day or title loan facilities.
(viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
(ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein).
(x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, City or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements.
(xi) Any body shop repair operation, engine repair or vehicle repair facility for all vehicles, including motorcycles.
(xii) Any establishment selling or exhibiting sexually oriented materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude clothed dancers or wait staff; except that this provision shall not be deemed to preclude the operation within the District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
(xiixiii) Any seasonal tax preparation facility which uses "street marketing" of any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Projectfacilities.
(xiiixiv) Any precious metals facilities.
(xiv) Housing in which rent is government-subsidized or "low income" housing.
(xv) Any use More than one (1) fast food restaurant with a drive-through window; provided however, that this prohibition shall not permitted by the applicable zoning ordinance of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance.
2. Any notice sent in accordance with the Development Agreement to Assignee shall constitute notice under the Development Agreement and the Assignee shall be deemed to have knowledge apply to coffee shops with a drive-through window. The governing body of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or City may grant variances to the following address restrictions set forth in this Section 6.02(d) from time to time in its sole and absolute discretion. Within ten ("Assignee's Notice Address"): OPMOB OWNER10) days of the Effective Date, LLC 000 Xxxxxxxxxx Xxxxx Xxxxxxx, MO 630621 Attn: Xxx Xxxxxx
3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then and the City shall execute a document which shall memorialize the restrictions set forth in this Section 6.02(d) and record the same against the real property within the District, which restrictions shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable effective and addressed to the payee of Developer in accordance run with the Development Agreement. If at any time a payment is due to be paid by land for the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch Term of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3.
4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement.
5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording.
6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement.
7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]
Appears in 1 contract
Samples: Redevelopment Agreement
Use and Operation. Developer covenants that at all times during the Term it will at its expense: Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. Perform its duties to repair, restore, and replace portions of the Project as set forth in Sections 6.07(b) and (d). Developer hereby understands and agrees that the nature of the shopping center to be developed pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder):
(i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District.
(ii) A gas station or car wash.
(iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal.
(iv) Any pawn shop or flea market.
(v) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia.
(vi) Pay-day or title loan facilities.
(vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District.
(viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
(ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein).
(x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements.
(xi) Any establishment selling or exhibiting sexually oriented materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude dancers or wait staff; except that this provision shall not be deemed to preclude the operation within the District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
(xii) Any seasonal tax preparation facility which uses "street marketing" of any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Project.
(xiii) Any precious metals facilities.
(xiv) Housing in which rent is government-subsidized or "low income" housing.
(xv) Any use not permitted by the applicable zoning ordinance of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance.
2. Any notice sent in accordance with the Development Agreement to Assignee shall constitute notice under the Development Agreement and the Assignee shall be deemed to have knowledge of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to the following address ("Assignee's Notice Address"): OPMOB OWNER, LLC 000 Xxxxxxxxxx Xxxxx XxxxxxxBallwin, MO 630621 Attn: Xxx XxxxxxXxxxxx Email: xxx.xxxxxx@xxxxx.xxx
3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable and addressed to the payee of Developer in accordance with the Development Agreement. If at any time a payment is due to be paid by the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3.
4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement.
5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording.
6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement.
7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Use and Operation. Developer covenants that at all times during the Term it will at its expense: Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. Perform its duties to repair, restore, and replace portions of the Project as set forth in Sections 6.07(b) and (d). Developer hereby understands and agrees that the nature of the shopping center to be developed pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder):
(i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District.
(ii) A gas station or car wash.
(iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal.
(iv) Any pawn shop or flea market.
(v) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia.
(vi) Pay-day or title loan facilities.
(vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District.
(viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
(ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein).
(x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements.
(xi) Any establishment selling or exhibiting sexually oriented materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude dancers or wait staff; except that this provision shall not be deemed to preclude the operation within the District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
(xii) Any seasonal tax preparation facility which uses "street marketing" of any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Project.
(xiii) Any precious metals facilities.
(xiv) Housing in which rent is government-subsidized or "low income" housing.
(xv) Any use not permitted by the applicable zoning ordinance of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance.
2. Any notice sent in accordance with the Development Agreement to Assignee shall constitute notice under the Development Agreement and the Assignee shall be deemed to have knowledge of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to the following address ("Assignee's Notice Address"): OPMOB OWNERMaxxam Enterprises, LLC 000 Xxxxxxxxxx L.P. 0000 X. Xxxxx XxxxxxxXxxxxx Xxxx., MO 630621 Suite 700 Beverly Hills, California 90210 Attn: Xxx XxxxxxXxxxxxx Xxxxxxx
3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable and addressed to the payee of Developer in accordance with the Development Agreement. If at any time a payment is due to be paid by the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3.
4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement.
5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording.
6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement.
7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Use and Operation. Developer covenants that at all times during the Term it will will, at its expense: :
(a) Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. .
(b) Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. .
(c) Perform its duties to repair, restore, restore and replace portions of the Project as set forth in Sections 6.07(b) and (d). .
(d) Developer hereby understands and agrees that the nature of the shopping center retail project to be developed redeveloped pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder):District:
(i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District.
(ii) A gas station or car wash.
(iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal.
(iv) Any pawn shop or flea market.
(v) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia.
(vi) Pay-day or title loan facilities.
(vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District.
(vii) Pay-day or title loan facilities.
(viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
(ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein).
(x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, City or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements.
(xi) Any body shop repair operation, engine repair or vehicle repair facility for all vehicles, including motorcycles.
(xii) Any establishment selling or exhibiting sexually oriented materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude clothed dancers or wait staff; except that this provision shall not be deemed to preclude the operation within the District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
(xiixiii) Any seasonal tax preparation facility which uses "street marketing" of any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Projectfacilities.
(xiiixiv) Any precious metals facilities.
(xiv) Housing in which rent is government-subsidized or "low income" housing.
(xv) Any use not permitted by the applicable zoning ordinance More than one (1) fast food restaurant with a drive-through window. Within ten (10) days of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance.
2. Any notice sent in accordance with the Development Agreement to Assignee shall constitute notice under the Development Agreement Effective Date, Developer and the Assignee shall be deemed to have knowledge of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to the following address ("Assignee's Notice Address"): OPMOB OWNER, LLC 000 Xxxxxxxxxx Xxxxx Xxxxxxx, MO 630621 Attn: Xxx Xxxxxx
3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then the City shall execute a document which shall memorialize the restrictions set forth in this Section 6.02(d) and record the same against the real property within the District, which restrictions shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable effective and addressed to the payee of Developer in accordance run with the Development Agreement. If at any time a payment is due to be paid by land for the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch Term of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3.
4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement.
5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording.
6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement.
7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]
Appears in 1 contract
Samples: Redevelopment Agreement
Use and Operation. Developer covenants that at all times during the Term it will will, at its expense: :
(a) Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. .
(b) Perform its duties to maintain the Project and the District as set forth in Section 6.03 6.3 hereof. .
(c) Perform its duties to repair, restore, restore and replace portions of the Project as set forth in Sections 6.07(b6.7(b) and (d). .
(d) Developer hereby understands and agrees that the nature of the shopping center project to be developed redeveloped pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder):Project:
(i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the DistrictProject.
(ii) A gas station Any pawn shop, flea market or car wash"second hand" store.
(iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal.
(iv) Any pawn shop or flea market.
(v) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia.
(vi) Pay-day or title loan facilities.
(viiiv) Any store selling discounted tobacco products or tobacco-smoking paraphernalia, including without limitation, smokeless cigarettes, electronic and vapor smoking devices.
(v) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within in the District.
(viiivi) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within of the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
(ixvii) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable all Environmental Laws and Requirements (as defined hereinhereinafter defined).
(x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements.
(xiviii) Any establishment selling or exhibiting sexually oriented pornographic materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude clothed dancers or wait staff; except that this provision shall not be deemed to preclude the operation within in the District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
(xiiix) Any seasonal tax preparation facility restaurant or tavern that derives more than seventy percent (70%) of its gross sales from the sale alcohol, which uses "street marketing" of includes any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Project.nightclub;
(xiiix) Any precious metals facilities., but not including any reputable jewelry
(xivxi) Housing in which rent is government-subsidized or "low income" housing.
(xvxii) Any use not permitted by the applicable zoning ordinance Zoning Ordinance of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance.
2. Any notice sent in accordance with Zoning Ordinance At the Development Agreement to Assignee shall constitute notice under the Development Agreement Closing, Developer and the Assignee shall be deemed to have knowledge of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to the following address ("Assignee's Notice Address"): OPMOB OWNER, LLC 000 Xxxxxxxxxx Xxxxx Xxxxxxx, MO 630621 Attn: Xxx Xxxxxx
3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then the City shall execute a document which shall memorialize the restrictions set forth in this Section 6.2(d) and record the same against the real property within the District, which restrictions shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable effective and addressed to the payee of Developer in accordance run with the Development Agreement. If at any time a payment is due to be paid by land for the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch Term of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3.
4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement.
5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording.
6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement.
7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]
Appears in 1 contract
Samples: Redevelopment Agreement
Use and Operation. Developer covenants that at all times during the Term it will at its expense: Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. Perform its duties to repair, restore, and replace portions of the Project as set forth in Sections 6.07(b) and (d). Developer hereby understands and agrees that the nature of the shopping center to be developed pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder):
(i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District.
(ii) A gas station or car wash.
(iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal.
(iv) Any pawn shop or flea market.
(v) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia.
(vi) Pay-day or title loan facilities.
(vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District.
(viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
(ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein).
(x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements.
(xi) Any establishment selling or exhibiting sexually oriented materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude dancers or wait staff; except that this provision shall not be deemed to preclude the operation within the District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
(xii) Any seasonal tax preparation facility which uses "street marketing" of any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Project.
(xiii) Any precious metals facilities.
(xiv) Housing in which rent is government-subsidized or "low income" housing.
(xv) Any use not permitted by the applicable zoning ordinance of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance.
2. Any notice sent in accordance with the Development Agreement to Assignee shall constitute notice under the Development Agreement and the Assignee shall be deemed to have knowledge of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to the following address addresses ("Assignee's Notice Address"): OPMOB OWNERXxxx Lake Three Investors, Inc. 000 Xxxxxxxxx Xxxx Long Valley, NJ 07853 Attn: Xxxxxxx X Xxx Email: XXXXxx@xxx.xxx LMW Realty Corporation 000 Xxxxxxxxx Xxxx Xxxx Xxxxxx, XX 00000 Attn: Xxxxxxx X Xxx Email: XXXXxx@xxx.xxx M & L Investors, LLC 000 Xxxxxxxxxx Xxxxx XxxxxxxXxxxxxxxx Xxxx Xxxx Xxxxxx, MO 630621 XX 00000 Attn: Xxxxxxx X Xxx XxxxxxEmail: XXXXxx@xxx.xxx
3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable and addressed to the payee of Developer in accordance with the Development Agreement. If at any time a payment is due to be paid by the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3.
4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement.
5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording.
6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement.
7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Use and Operation. Developer covenants that at all times during the Term it will at its expense: Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. Perform its duties to repair, restore, and replace portions of the Project as set forth in Sections 6.07(b) and (d). Developer hereby understands and agrees that the nature of the shopping center to be developed pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder):
(i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District.
(ii) A gas station or car wash.
(iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal.
(iv) Any pawn shop or flea market.
(v) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia.
(vi) Pay-day or title loan facilities.
(vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District.
(viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
(ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein).
(x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements.
(xi) Any establishment selling or exhibiting sexually oriented materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude dancers or wait staff; except that this provision shall not be deemed to preclude the operation within the District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
(xii) Any seasonal tax preparation facility which uses "street marketing" of any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Project.
(xiii) Any precious metals facilities.
(xiv) Housing in which rent is government-subsidized or "low income" housing.
(xv) Any use not permitted by the applicable zoning ordinance of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance.
2. Any notice sent in accordance with the Development Agreement to Assignee shall constitute notice under the Development Agreement and the Assignee shall be deemed to have knowledge of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to the following address ("Assignee's Notice Address"): OPMOB OWNER, LLC 000 Xxxxxxxxxx Xxxxx Xxxxxxx, MO 630621 Attn: Xxx Xxxxxx):
3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable and addressed to the payee of Developer in accordance with the Development Agreement. If at any time a payment is due to be paid by the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3.
4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement.
5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording.
6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement.
7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Use and Operation. Developer covenants that at all times during the Term it will at its expense: Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. Perform its duties to repair, restore, and replace portions of the Project as set forth in Sections 6.07(b) and (d). Developer hereby understands and agrees that the nature of the shopping center to be developed pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder):
(i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District.
(ii) A gas station or car wash.
(iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal.
(iv) Any pawn shop or flea market.
(v) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia.
(vi) Pay-day or title loan facilities.
(vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District.
(viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
(ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein).
(x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements.
(xi) Any establishment selling or exhibiting sexually oriented materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude dancers or wait staff; except that this provision shall not be deemed to preclude the operation within the District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
(xii) Any seasonal tax preparation facility which uses "street marketing" of any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Project.
(xiii) Any precious metals facilities.
(xiv) Housing in which rent is government-subsidized or "low income" housing.
(xv) Any use not permitted by the applicable zoning ordinance of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance.
2. Any notice sent in accordance with the Development Agreement to Assignee shall constitute notice under the Development Agreement and the Assignee shall be deemed to have knowledge of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to the following address ("Assignee's Notice Address"): OPMOB OWNER, LLC 000 Xxxxxxxxxx Xxxxx Xxxxxxx, MO 630621 Attn: Xxx Xxxxxx
3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable and addressed to the payee of Developer in accordance with the Development Agreement. If at any time a payment is due to be paid by the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3.
4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement.
5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording.
6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement.
7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]):
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Use and Operation. Developer covenants that at all times during the Term it will will, at its expense: :
(a) Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high quality reputation for the Project. .
(b) Perform its duties to maintain the Project and the District Project Site as set forth in Section 6.03 8.3 hereof. .
(c) Perform its duties to repair, restore, restore and replace portions of the Project as set forth in Sections 6.07(b8.7(b) and (d). .
(d) Developer hereby understands and agrees that the nature of the shopping center to be developed pursuant to this Agreement was retail uses within the CID District and TIF District were critical to the approval City’s creation of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder):District:
(i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the DistrictProject Site.
(ii) A gas station or car wash.
(iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal.
(iv) Any pawn shop shop, flea market or flea market"second hand" store.
(v) Pay-day or title loan facilities.
(vi) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia.
(vi) Pay-day or title loan facilities, including without limitation, smokeless cigarettes, electronic and vapor smoking devices.
(vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District.
(viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within of the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
(ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein).
(x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, City or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements.
(xi) Any body shop repair operation, engine repair or vehicle repair facility for all vehicles, including motorcycles.
(xii) Any establishment selling or exhibiting sexually oriented pornographic materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude clothed dancers or wait staff; except that this provision shall not be deemed to preclude the operation within in the CID District and/or TIF District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
(xiixiii) Any seasonal tax preparation facility restaurant or tavern that derives more than seventy percent (70%) of its gross sales from the sale alcohol, which uses "street marketing" of includes any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Project.nightclub;
(xiiixiv) Any precious metals facilities, but not including any reputable jewelry store.
(xivxv) Housing in which rent is government-subsidized or "low income" housing.
(xvxvi) Any use not permitted by the applicable zoning ordinance Zoning Ordinance of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance.
2Zoning Ordinance. Any notice sent The City's governing body may grant variances to the restrictions set forth in accordance with the Development Agreement this Section 8.2(d) from time to Assignee shall constitute notice under the Development Agreement time in its sole and the Assignee shall be deemed to have knowledge absolute discretion. Within thirty (30) days of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to the following address ("Assignee's Notice Address"): OPMOB OWNEREffective Date, LLC 000 Xxxxxxxxxx Xxxxx Xxxxxxx, MO 630621 Attn: Xxx Xxxxxx
3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then and the City shall execute a document which shall memorialize the restrictions set forth in this Section 8.2(d) and record the same against the real property within the District, which restrictions shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable effective and addressed to the payee of Developer in accordance run with the Development Agreement. If at any time a payment is due to be paid by land for the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch Term of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3.
4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement.
5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording.
6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement.
7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]
Appears in 1 contract
Samples: Redevelopment Agreement
Use and Operation. Developer covenants that at all times during the Term it will at its expense: Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. Perform its duties to repair, restore, and replace portions of the Project as set forth in Sections 6.07(b) and (d). Developer hereby understands and agrees that the nature of the shopping center to be developed pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder):
(i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District.
(ii) A gas station or car wash.
(iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal.
(iv) Any pawn shop or flea market.
(v) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia.
(vi) Pay-day or title loan facilities.
(vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District.
(viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
(ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein).
(x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements.
(xi) Any establishment selling or exhibiting sexually oriented materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude dancers or wait staff; except that this provision shall not be deemed to preclude the operation within the District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
(xii) Any seasonal tax preparation facility which uses "street marketing" of any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Project.
(xiii) Any precious metals facilities.
(xiv) Housing in which rent is government-subsidized or "low income" housing.
(xv) Any use not permitted by the applicable zoning ordinance of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance.
2. Any notice sent in accordance with the Development Agreement to Assignee shall constitute notice under the Development Agreement and the Assignee shall be deemed to have knowledge of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to the following address ("Assignee's Notice Address"): OPMOB OWNERWeinfra 5, LLC c/o Xxxxx Xxxxxxxxx 000 Xxxxxxxxxx Xxxxxx Xxxxxxx San Diego, California 92106 Email: xxxxxx0@xxx.xxx With copy to: Xxxxxxxxxxx X. XxXxxxxx, Esq. 0 Xxxxx XxxxxxxXxxxxx, MO 630621 AttnXXX 00 Woburn, MA 01801 Email: Xxx Xxxxxxxxxxx@xxxxxxxx.xxx
3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable and addressed to the payee of Developer in accordance with the Development Agreement. If at any time a payment is due to be paid by the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3.
4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement.
5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording.
6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement.
7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Use and Operation. Developer covenants that at all times during the Term it will at its expense: Conduct its business at all times in a dignified quality manner and in conformity with the industry standards for similar facilities and in such manner as to maximize sales and/or rentals and to help establish and maintain a high reputation for the Project. Perform its duties to maintain the Project and the District as set forth in Section 6.03 hereof. Perform its duties to repair, restore, and replace portions of the Project as set forth in Sections 6.07(b) and (d). Developer hereby understands and agrees that the nature of the shopping center to be developed pursuant to this Agreement was critical to the approval of the same. Accordingly, the parties hereby agree that the following uses shall be prohibited within the Project (notwithstanding anything to the contrary herein, none of the current uses of the Project as of the date hereof shall be prohibited hereunder):
(i) Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the District.
(ii) A gas station or car wash.
(iii) A facility primarily used as a storage warehouse operation, mini- warehouse, or freight terminal.
(iv) Any pawn shop or flea market.
(v) Any store selling CBD products, discounted tobacco products or tobacco-smoking paraphernalia.
(vi) Pay-day or title loan facilities.
(vii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the District.
(viii) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the District to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
(ix) Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein).
(x) Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless (i) previously approved by the City, or (ii) in conjunction with temporary promotions, displays and other similar marketing activities, or (iii) for the sale of luxury vehicles displayed only within an indoor showroom for purposes of taking orders for cars, not storing inventory of any kind, subject, however, to compliance with all Applicable Laws and Requirements.
(xi) Any establishment selling or exhibiting sexually oriented materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially nude dancers or wait staff; except that this provision shall not be deemed to preclude the operation within the District of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
(xii) Any seasonal tax preparation facility which uses "street marketing" of any kind, including without limitation, inflatable signs or characters, people dressed in costume, holding signs or wearing sandwich-boards or otherwise advertising directly to pedestrians or vehicular traffic; provided however, for purposes of clarity, nothing herein is intended to prohibit independent certified public accountants with office space in the Project.
(xiii) Any precious metals facilities.
(xiv) Housing in which rent is government-subsidized or "low income" housing.
(xv) Any use not permitted by the applicable zoning ordinance of the City. The foregoing list of prohibited uses is not intended to supplant the requirements and/or prohibition of uses stated within the City’s Code and/or the City’s zoning ordinance.
2. Any notice sent in accordance with the Development Agreement to Assignee shall constitute notice under the Development Agreement and the Assignee shall be deemed to have knowledge of the contents of such notice if sent to an agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to the following address ("Assignee's Notice Address"): OPMOB OWNEREEL XXXXX, LLC 000 Xxxxxxxxxx Xxxxx XxxxxxxP.O. Box 309 Paicines, MO 630621 CA 95043 Attn: Xxx XxxxxxXxxxxxxxx Xxxxxxx
3. If at any time a payment is due to be paid by the City to the Developer under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to Developer upon dispatch of a check in the amount of such payment, payable and addressed to the payee of Developer in accordance with the Development Agreement. If at any time a payment is due to be paid by the City to Assignee under the Development Agreement, then the City shall be deemed to have satisfied its obligation to make such payment to such Assignee upon dispatch of a check in the amount of such payment, payable to Assignee, and addressed care of any agent registered to receive service for Assignee in any jurisdiction where Assignee has registered such an agent or to Assignee's Notice Address. No Party will have any action or claim against the City for any payment made in accordance with this Section 3.
4. Each Party hereby grants to each other Party, and their respective agents, successors, and assigns, nonexclusive easements on, over, under, and across all portions of the Project Site owned by such grantor Party to use, for as long as the Development Agreement is in effect and not terminated or expired, to the extent necessary to perform any and all obligations under the Development Agreement.
5. The Parties consent to, and shall cooperate in, recording an executed original of this Agreement for public notice in the office of the Johnson County Records and Tax Administration, as soon as practical after this Agreement has been executed by all Parties, and the Parties agree to deliver a copy of the same to the City as soon as practicable after such recording.
6. Each Party hereby certifies, represents, and warrants to the City that the transfer and assignment from Developer to Assignee is permitted under the terms and conditions of the Development Agreement.
7. The City may rely on this Agreement and its contents in performing its obligations under the Development Agreement. [Remainder of page is intentionally blank; signatures, acknowledgements, and exhibits follow.]
Appears in 1 contract
Samples: Assignment and Assumption Agreement
