Use Restrictions of the Redeveloper Property. The Redeveloper agrees that no portion of the Redeveloper Property shall be used for any of the following uses: A. Any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of 50% of gross sales on the 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 alcoholic beverage law violations; C. Any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such use that has an unreasonable pattern of unlawful disturbances or tobacco law violations; D. A sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; exotic lingerie; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service. The foregoing exclusion shall not include pay for view video/audio services, internet and other forms of telecommunication/ communication systems offered or available to guests in the ordinary course of hotel business and trade or to Lincoln residents. E. Any business whose predominant operation is the use, storage or processing of hazardous or potentially hazardous materials as defined under applicable law, including any salvage or recycling operation, car wash, dry cleaning, vehicle body repair, paint, refinishing, or parts and equipment cleaning business; provided nothing herein shall be construed to prohibit dry cleaning pickup facility, convenience, food or fuel store. F. Any business involving gambling or wagering even if otherwise permitted by law including slot machines, video lottery machines, or casino games, but excluding keno, bingo, and the retail sale of lottery tickets as permitted by applicable law. G. 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. H. Off-premises signs as defined in Section 27.69.020 of the Lincoln Municipal Code. I. Any business providing payday loans, liens, check cashing services, or other similar services, except for banks, savings and loans, insurance company, investment companies, stock brokers, credit unions and automated teller machines. J. Cell towers, 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 the City’s approval.
Appears in 1 contract
Samples: Redevelopment Agreement
Use Restrictions of the Redeveloper Property. The Redeveloper agrees that no portion of the Redeveloper Property shall be used for any of the following uses:
A. Any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of 50% of gross sales on the 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 alcoholic beverage law violations;
C. Any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such use that has an unreasonable pattern of unlawful disturbances or tobacco law violations;
D. A sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; exotic lingerie; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service. The foregoing exclusion shall not include pay for view video/audio services, internet and other forms of telecommunication/ communication systems offered or available to guests in the ordinary course of hotel business and trade or to Lincoln residents.
E. Any business whose predominant operation is the use, storage or processing of hazardous or potentially hazardous materials as defined under applicable law, including any salvage or recycling operation, car wash, dry cleaning, vehicle body repair, paint, refinishing, or parts and equipment cleaning business; provided nothing herein shall be construed to prohibit dry cleaning pickup facility, convenience, food or fuel store.
F. Any business involving gambling or wagering even if otherwise permitted by law including slot machines, video lottery machines, or casino games, but excluding keno, bingo, and the retail sale of lottery tickets as permitted by applicable law.
G. 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.
H. Off-premises signs as defined in Section 27.69.020 of the Lincoln Municipal Code.
I. Any business providing payday loans, liens, check cashing services, or other similar services, except for banks, savings and loans, insurance company, investment companies, stock brokers, credit unions and automated teller machines.
J. Cell towers, 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 the City’s approval.
Appears in 1 contract
Samples: Redevelopment Agreement
Use Restrictions of the Redeveloper Property. The Redeveloper agrees that no portion of the Redeveloper Property shall be used for any of the following uses:
A. Any (a) any outdoor off premises advertising specifically including billboards, signboards and related structures and appurtenances, except temporary signs advertising such lot is for sale or lease by the owner thereof;
(b) any business whose predominant operation is the retail sale of alcoholic beverages for consumption off the premises (predominant shall mean retail gross sales of alcoholic beverages, including mixed drinks, in excess of 50% of gross sales on the licensed premises) or any such business that in the opinion of the City has an unreasonable pattern of liquor law violations;
B. The retail (c) any business for the sale of alcoholic beverages for consumption on the premises if such use, in the reasonable opinion of the City, has an unreasonable pattern of unlawful disturbances or alcoholic beverage law violations;
C. Any (d) any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such use business that has an unreasonable pattern of unlawful disturbances or tobacco law violationsviolations (does not include pharmacies or grocery stores);
D. A (e) any business operated or held out to the public as a sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; exotic lingerie; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service. ; The foregoing exclusion shall not include pay for view video/audio services, internet internet, and other forms of telecommunication/ telecommunication/communication systems offered or available to guests in the ordinary course of hotel business and trade or to Lincoln residents.
E. Any (f) any ground floor use by a business whose predominant operation is the use, storage or processing for which a majority of hazardous or potentially hazardous materials as defined under applicable law, including its ground floor area displays adult-oriented products;
(g) any salvage or recycling operation, car wash, dry cleaning, vehicle body repair, paint, refinishing, or parts and equipment cleaning business; provided nothing herein shall be construed to prohibit dry cleaning pickup facility, convenience, food or fuel store.
F. Any business involving gambling or wagering even if otherwise permitted by law including keno, bingo, slot machines, video lottery machines, or 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.;
G. Any (h) any business involving the sale or display of weapons, self-service laundromat Laundromats for nonresidents non-residents or non-occupants of the Redeveloper Property, illegal activities, or the sale of any illegal goods or products.;
H. Off-premises signs as defined in Section 27.69.020 of the Lincoln Municipal Code.
I. Any (i) any business providing payday loans, liens, check cashing services, or other similar services, services except for banks, savings and loans, insurance companycompanies, investment companies, stock brokers, credit unions unions, and automated teller machines;
(j) freestanding cell towers.
J. Cell towers, 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 the City’s approval.
Appears in 1 contract
Samples: Redevelopment Agreement
Use Restrictions of the Redeveloper Property. The Redeveloper’s intended use of the Redeveloper Improvements as reflected on the Construction Documents is in compliance with the Redevelopment Plan and any applicable zoning and local ordinances. Redeveloper agrees that no portion of the Redeveloper Property and Redeveloper Improvements shall be used for any of the following uses:
A. Any business whose predominant operation is the retail sale of A liquor store selling alcoholic beverages for consumption off-the premises, but excluding micro brewing establishments that sells alcoholic beverage for consumptions off the premises (predominant shall mean retail gross sales of alcoholic 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 alcoholic beverage law violations;
C. Any business whose predominant operation is the retail sale of tobacco products (predominant shall mean retail gross sales of tobacco products, including mixed products, in excess of 50% of gross sales on the premises) or any such use that has an unreasonable pattern of unlawful disturbances or tobacco law violations;
D. A sexually oriented business including live entertainment establishments as defined in Section 27.03.545 of the Lincoln Municipal Code and any other business engaged in sexually oriented entertainment or materials such as any: sexually oriented show, movie, picture, exhibition, performance, demonstration, film, video, book, or other depictions of a sexually explicit nature; sexually oriented live entertainment or exotic dance; exotic lingerie; sex toys or sexually oriented paraphernalia; sexually oriented telecommunication, internet or similar service; sexually oriented massage parlor; or escort service. The foregoing exclusion shall not include pay for view video/audio services, internet and other forms of telecommunication/ telecommunication/communication systems offered or available to guests in the ordinary course of hotel business and trade or to Lincoln residents.;
E. Any business whose predominant operation is the use, storage or processing of hazardous or potentially hazardous materials as defined under applicable law, including any salvage or recycling operation, car wash, dry cleaning, vehicle body repair, paint, refinishing, or parts and equipment cleaning business; provided nothing herein shall be construed to prohibit dry cleaning pickup facility, convenience, convenience or food or fuel store.;
F. Any business involving gambling or wagering even if otherwise permitted by law including slot machines, video lottery machines, or 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.;
G. 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.; and
H. Off-premises signs as defined in Section 27.69.020 of the Lincoln Municipal Code.
I. Any business providing payday loans. Redeveloper further agrees that each of the above use restrictions shall extend beyond the expiration of the Tax Increment Period, liens, check cashing services, shall run with the land and shall bind every person having any fee or other similar servicesinterest in the Redeveloper Property 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. The above use restrictions against the Redeveloper Property shall be included in a Memorandum of Agreement which the parties will prepare, except for banks, savings execute and loans, insurance company, investment companies, stock brokers, credit unions and automated teller machinesfile of record at the time of Closing.
J. Cell towers, 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 the City’s approval.
Appears in 1 contract
Samples: Redevelopment Agreement
