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 shop or retail sales operation for which the main commercial use or business operation is the sale of guns. SECTION 402 Maintenance Developer shall maintain the Property in accordance with the requirements of the Agreement Affecting Real Property and ▇▇▇▇▇ ▇▇▇▇.
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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;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 shop or retail sales operation for which the main commercial use or business operation is the sale of guns. SECTION 402 Maintenance Developer shall maintain the Property in accordance with the requirements of the Agreement Affecting Real Property and ▇▇▇▇▇ ▇▇▇▇Grant Deed.
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