Use Restrictions of the Property. The Redeveloper agrees that no portion of the Project site under the ownership or control of Redeveloper shall be used for any of the following uses: a. Any outdoor off premises advertising specifically including billboard, signboards, and related structures and appurtenances, except temporary signs advertising such lot is for sale or lease by the other thereof; b. The retail sale of alcoholic beverages for consumption off the premises; c. Any business whose predominant operation is the retail sale of alcoholic beverages for consumption on or off the premises (predominant shall mean retail gross sales of alcoholic beverages in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or liquor law violations (does not include pharmacies or grocery stores); d. Any business whose predominant operation is the retail sale of tobacco products, (predominant means retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, convenience stores, or grocery stores); e. Any business operated or held out to the public as a sexually oriented business including any business engaged in sexually oriented entertainment or materials such as: sexually oriented shows, movies, pictures, exhibitions, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet, or similar service; sexually oriented massage parlor, or escort service; f. Any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products; g. Any business involving gambling or wagering even if otherwise permitted by law including, but not limited to slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding keno, bingo, and the retail sale of lottery tickets as permitted by applicable law; and
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Use Restrictions of the Property. The Redeveloper agrees that no portion of the Project site under the ownership or control of Redeveloper shall be used for any of the following uses:
a. Any outdoor off premises advertising specifically including billboard, signboards, and related structures and appurtenances, except temporary signs advertising such lot is for sale or lease by the other thereof;
b. The retail sale of alcoholic beverages for consumption off the premises;
c. Any business whose predominant operation is the retail sale of alcoholic beverages for consumption on or off the premises (predominant shall mean retail gross sales of alcoholic beverages in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or liquor law violations (does not include pharmacies or grocery stores);
d. Any business whose predominant operation is the retail sale of tobacco products, (predominant means retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, convenience stores, or grocery stores);
e. Any business operated or held out to the public as a sexually oriented business including any business engaged in sexually oriented entertainment or materials such as: sexually oriented shows, movies, pictures, exhibitions, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet, or similar service; sexually oriented massage parlor, or escort service;
f. Any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products;
g. Any business involving gambling or wagering even if otherwise permitted by law including, but not limited to slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding keno, bingo, and the retail sale of lottery tickets as permitted by applicable law; and
h. No freestanding cell towers. It is intended that each of the restrictions set forth hereby shall extend beyond the TIF Tax Period, shall run with the Project Site while under the ownership or control of the Redeveloper its successors and assigns and thereafter with the Redeveloper Property and shall bind every person having any fee or other interest in the Redeveloper Property and shall inure to the benefit of the parties hereto and their successors and permitted assigns.
Appears in 1 contract
Samples: Redevelopment Agreement
Use Restrictions of the Property. The Redeveloper agrees that no portion of the Project site under the ownership or control of Redeveloper shall be used for any of the following uses:
a. Any outdoor off premises advertising specifically including billboard, signboards, and related structures and appurtenances, except temporary signs advertising such lot is for sale or lease by the other thereof;
b. The retail sale of alcoholic beverages for consumption off the premises;
c. A. Any business whose predominant operation is the retail sale of alcoholic beverages for consumption on or off the premises (predominant shall mean retail gross sales of alcoholic beverages beverages, including mixed drinks, in excess of 50% of gross sales on the premises) or any such business that in the opinion of the City has an unreasonable pattern of liquor law violations;
B. The retail sale of alcoholic beverages for consumption on the premises if such use, in the reasonable opinion of the City, has an unreasonable pattern of unlawful disturbances or liquor alcoholic beverage law violations (does not include pharmacies or grocery stores)violations;
d. C. Any other use or practice, except those approved in this Agreement, that would adversely impact the flood storage capacity of the Redeveloper Property;
D. Any business whose predominant operation is the retail sale of tobacco products, (predominant means retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, convenience stores, or grocery stores);
e. E. Any business operated or held out to the public as a sexually oriented business including any business engaged in sexually oriented entertainment or materials such as: sexually oriented shows, movies, pictures, exhibitions, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet, or similar service; sexually oriented massage parlor, or escort service;
f. F. Any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products;
g. G. Any business involving gambling or wagering even if otherwise permitted by law including, but not limited to slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding keno, bingo, and the retail sale of lottery tickets as permitted by applicable law; and;
H. Any business involving the sale or display of weapons, self-service Laundromat for nonresidents or non-occupants of the Redeveloper Property, illegal activities, or sale of any illegal goods or products;
I. Off-premises signs as defined in Section 27.69.020;
J. Any business providing payday loans, liens, check cashing services, or other similar services, except for banks, savings and loans, insurance companies, investment companies, stock brokers, credit unions, or automatic teller machines;
K. Cell tower, although cellular antennae and transmission equipment may be incorporated into the Private Improvements provided that they are properly screened and otherwise meet design standards that meet that City’s approval. It is intended that each of the restrictions set forth hereby shall extend beyond the TIF Tax Period, shall run with the Project Site while under the ownership or control of the Redeveloper its successors and assigns (excluding the University) and thereafter with the Redeveloper Property and shall bind every person (excluding the University) having any fee or other interest in the Redeveloper Property and shall inure to the benefit of the parties hereto and their successors and permitted assigns.
Appears in 1 contract
Samples: Redevelopment Agreement
Use Restrictions of the Property. The Redeveloper Developer agrees that no portion of the Project site VA Campus under the ownership or control of Redeveloper Developer shall be used for any of the following uses:
a. Any A. any outdoor off premises advertising specifically including billboardbillboards, signboards, signboards and related structures and appurtenances, except temporary signs advertising such lot is for sale or lease by the other thereofowner thereof or any signage relating to the VA Campus center identification signs, building signs and directional signs that is in conformity with the PUD and all applicable City codes;
b. The B. the retail sale of alcoholic beverages for consumption off the premisespremises but excluding micro-brewing establishments, pharmacies, grocery stores that sell alcoholic beverages for consumption off the premises and restaurants and wine bars allowing the removal of an unsealed bottle of wine pursuant to Neb. Rev. Stat. §53-123.04, as amended;
c. Any C. any business whose predominant operation is the retail sale of alcoholic beverages for consumption on or off the premises (predominant shall mean retail gross sales of alcoholic beverages in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or liquor law violations (does not include pharmacies micro-breweries, wine bars, pharmacies, or grocery stores);
d. Any D. any business whose predominant operation is the retail sale of tobacco products, products (predominant means shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, convenience storescigar bars, or grocery stores);
e. Any business operated or held out to the public as a sexually oriented business including any business engaged in sexually oriented entertainment or materials such as: sexually oriented shows, movies, pictures, exhibitions, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet, or similar service; sexually oriented massage parlor, or escort service;
f. Any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products;
g. Any business involving gambling or wagering even if otherwise permitted by law including, but not limited to slot machines, video lottery machines, casino games, or off site pari mutual wagering sites, but excluding keno, bingo, and the retail sale of lottery tickets as permitted by applicable law; and
Appears in 1 contract
Samples: Redevelopment Agreement
Use Restrictions of the Property. The Redeveloper's intended use of the Phase I Project Site as reflected on the Approved Plans is in compliance with the Redevelopment Plan and any applicable zoning and local ordinances. Redeveloper hereby represents and agrees that no neither all or any portion of the Phase I Project site under the ownership or control of Redeveloper Site shall be used used, directly or indirectly, for the operation of 1) any of the following uses:
a. Any outdoor off premises off-premise advertising specifically including billboardbillboards, signboards, signboards and related structures and appurtenances, except temporary signs advertising such lot is for sale or lease by the other owner thereof;
b. The retail sale of alcoholic beverages for consumption off the premises;
c. Any ; 2) any business whose predominant operation is the retail sale of alcoholic beverages for off-premises consumption on or off the premises (predominant shall mean retail gross sales of alcoholic beverages in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or liquor law violations (does not include pharmacies or grocery stores);
d. Any violations; 3) any business whose predominant operation is the retail sale of tobacco products, products (predominant means shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such business that has an unreasonable pattern of unlawful disturbances or tobacco law violations (does not include pharmacies, convenience stores, or grocery stores);
e. Any violations; 4) any business operated or held out to the public as a sexually oriented business including any business engaged in sexually oriented entertainment or materials such asas any: sexually oriented showsshow, moviesmovie, picturespicture, exhibitionsexhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; exotic lingerie; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet, internet or similar service; sexually oriented massage parlor, ; or escort service;
f. Any ground floor use by a business for which a majority of its ground floor area displays adult-oriented products;
g. Any ; or 5) any business involving gambling or wagering even if otherwise permitted by law includingincluding keno, but not limited to bingo, slot machines, video lottery machines, casino games, or off off-site pari pari-mutual wagering sites, but excluding keno, bingo, and the retail sale of lottery tickets as permitted by applicable law; and. It is intended that each of the restrictions set forth in this Section 304 shall extend beyond the expiration of the Tax Increment Period, shall run with the land and shall bind every person having any fee or other interest in the Phase I Project Site and shall inure to the benefit of the parties hereto and their successors and permitted assigns. The use restrictions set forth in this Section shall survive Closing. At Closing, the Redeveloper shall record permanent covenants against the Phase I Project Site with respect to the use restrictions set forth in this Section in the form attached hereto as Exhibit "G" and incorporated herein by this reference.
Appears in 1 contract
Samples: Redevelopment Agreement
