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. 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 oror dangerous hazard;
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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