USE OF THE PROPERTY SECTION 401 Uses Clause Samples

The 'USE OF THE PROPERTY SECTION 401 Uses' clause defines the permitted and prohibited uses of the property by the tenant. It typically outlines specific activities or business operations that are allowed on the premises, and may restrict certain uses that could be harmful, illegal, or inconsistent with the landlord's objectives. By clearly specifying what the property can and cannot be used for, this clause helps prevent disputes and ensures that the property is used in a manner acceptable to both parties.
USE OF THE PROPERTY SECTION 401 Uses a. Each Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that Developer, such successors and such assignees shall use the Property only for the uses specified in the Redevelopment Plan, the Centre City Planned District Ordinance, any development agreements entered into by and between City and Developer, this Agreement (including without limitation the Scope of Development (Attachment No. 4) and the Agreement Affecting Real Property (Attachment No. 6). No change in the use of the Property shall be permitted without the prior written approval of City. b. Notwithstanding the generality of Section 401(a), Developer, its successors and assigns, shall use the Property only for the uses permitted in this Agreement, specifically including the following: (i) residential rental uses, consisting of 205 Affordable Units, (ii) the Retail Space, (iii) the Community Space, and (iv) the Parking Garage.
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USE OF THE PROPERTY SECTION 401 Uses a. The Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that the Developer, such successors and such assignees shall use the Property only for the uses specified in the Redevelopment Plan, any development agreements entered into by and between the City and the Developer, and this Agreement (including without limitation the Scope of Development (Attachment No. 4)). No change in the use of the Property shall be permitted without the prior written approval of Agency. b. The type and quality of tenants and or users of the Property shall be in harmony with the balance of the Project as approved in the reasonable discretion of the Agency, and shall specifically exclude any offensive or incongruent uses including, but not limited to, the following: 1. Any public or private nuisance (as defined in California Civil Code Section 3479) connected with business operations conducted on the Property; 2. Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; 3. Any obnoxious odor; 4. Any noxious materials, and any toxic or caustic, or corrosive fuel or gas in violation of applicable law; 5. Any dust, dirt or particulate matter in excessive quantities; dangerous hazard; 6. Any unusual fire, explosion, or other damaging or 7. Any warehouse, other than that which is provided for and/or incidental to the primary use or business operation provided for in this Agreement, and any distillation, refining, smelting, agriculture, or mining operation; 8. Any pawn shop or retail sales operation involving second-hand merchandise; 9. Any adult business or facility as defined and regulated in the City’s Municipal Code. Such uses include, without limitation, massage establishments (to the extent defined and regulated in such Code as an adult business or facility), adult news racks, adult bookstores, adult motion picture theaters, and paraphernalia businesses; 10. Any retail outlet that sells alcoholic beverages for off- site consumption; and 11. Any gun shop or retail sales operation for which the main commercial use or business operation is the sale of guns. SECTION 402 Maintenance The Developer shall maintain the Improvements and keep the Property free from any accumulation of debris or waste materials. The Developer shall also maintain all landscaping in a healthy condition.
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USE OF THE PROPERTY SECTION 401 Uses a. Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that Developer, its successors and its assignees shall use the Property only for the uses specified in the Redevelopment Plan, this Agreement (including the Scope of Development), and the Grant Deed. No change in the use of the Property shall be permitted without the prior written approval of Agency. b. Without limiting the generality of the foregoing, Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that Developer, such successors and such assignees shall use the Property for the development and operation of the Project, as described in the Scope of Development, in accordance with the requirements of and as more particularly described in the Grant Deed and Agreement Affecting Real Property. c. Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that the Project shall specifically exclude any offensive or incongruent uses including, but not limited to, the following: 1. Any public or private nuisance (as defined in California Civil Code Section 3479) connected with business operations conducted on the Property; 2. Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; 3. Any obnoxious odor; 4. Any noxious materials, and any toxic or caustic, or corrosive fuel or gas in violation of applicable law; 5. Any dust, dirt or particulate matter in excessive quantities; 6. Any unusual fire, explosion, or other damaging or dangerous hazard; 7. Any warehouse, other than that which is incidental to the primary commercial use or business operation, and any assembly, manufacturing, distillation, refining, smelting, agriculture, or mining operation;‌ 8. Any pawn shop or thrift store; 9. Any adult business or facility as defined and regulated in the City’s Municipal Code. Such uses include, without limitation, massage establishments (to the extent defined and regulated in such Code as an adult business or facility), adult news racks, adult bookstores, adult motion picture theaters, and paraphernalia businesses; 10. Any retail outlet that sells alcoholic beverages for off-site consumption, except those possessing a California Department of Alcoholic Beverage Control Type 20 or Type 41 License; and 11. Any gun ...
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USE OF THE PROPERTY SECTION 401 Uses a. Owner covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that Owner, such successors and such assignees shall use the Property only for the uses specified in the Redevelopment Plan, Entitlement Package, any development agreements entered into by and between the City and Owner, this Agreement (including without limitation the Scope of Development (Attachment No. 4), the Agreement Affecting Real Property (Attachment No. 6) and Land Use Approvals. No change in the use of the Property shall be permitted without the prior written approval of Agency. b. Notwithstanding the generality of Section 401(a), Owner, its successors and assigns, shall use the Property only for the uses permitted in this Agreement, specifically including the following: (i) residential rental uses, with respect to the Affordable Family Housing Units and the Unrestricted Units; (ii) commercial rental uses and ancillary uses permitted under Subsection e of this Section 401, with respect to the Retail Improvements, and (iii) parking and ancillary uses consistent with this Agreement, with respect to the Parking Garage.
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USE OF THE PROPERTY SECTION 401 Uses a. Owner covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that Owner, such successors and such assignees shall use the Property only for the uses specified in the Redevelopment Plan, the Centre City Planned District Ordinance, any development agreements entered into by and between the City and Owner, this Agreement (including without limitation the Scope of Development, and the Agreement Affecting Real Property. No change in the use of the Property shall be permitted without the prior written approval of City. b. Notwithstanding the generality of Section 401(a), Owner, its successors and assigns, shall use the Property only for the uses permitted in this Agreement, specifically including residential rental uses of the Affordable Units.
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USE OF THE PROPERTY SECTION 401 Uses a. Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that Developer, such successors and such assignees shall use the Property only for the uses specified in the Redevelopment Plan, the Centre City Planned District Ordinance, any development agreements entered into by and between City and Developer, this Agreement (including without limitation this Section 401, as further embodied in the Scope of Development (Attachment No. 2)) and the Agreement Affecting Real Property (Attachment No. 7). No change in the use of the Property shall be permitted without the prior written approval of City. b. Notwithstanding the generality of Section 401(a), Developer, its successors and assigns, shall use the Property only for the uses permitted in this Agreement.
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USE OF THE PROPERTY SECTION 401 Uses 
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