Retail Space. The type and quality of tenants allowed in the Retail Space shall be in harmony with the balance of the Project as approved in the reasonable discretion of City, 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; (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 retail sales operation involving second-hand merchandise; (9) Any adult business or facility as defined and regulated in 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. Owner shall not initiate proceedings to convert the Retail Space into condominium(s) without the express written approval of City. Owner’s sale of its leasehold interest in the Retail Space, or any portion thereof, to a Person shall constitute a transfer within the meaning of Section 107 of the DDA, Section 11 of the City Loan Note, and Section 9.1 of the Ground Lease (collectively, “Transfer”) and such Transfer is subject to City’s written approval, in accordance with those respective sections. In the event that City approves such Transfer for the Retail Space, and as a pre-condition to such Transfer after City approval, Owner shall pay to City THIRTY SIX AND 20/100 DOLLARS ($36.2) per gross square foot of the Retail Space.
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Retail Space. The type and quality of tenants allowed in the Retail Space shall be in harmony with the balance of the Project as approved in the reasonable discretion of the City, 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;
(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) 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. Owner Developer shall not initiate proceedings to convert the Retail Space into condominium(s) without the express written approval of the City. OwnerDeveloper’s sale of its leasehold interest in the Retail Space, or any portion thereof, to a Person shall constitute a transfer within the meaning of Section 107 of the DDAherein, Section 11 of the City Loan Note, and Section 9.1 of the Ground Lease (collectively, “Transfer”) ), and such Transfer is subject to the City’s written approval, in accordance with those respective sections. In the event that City approves such Transfer for the Retail Space, and as a pre-condition to such Transfer after City approval, Owner Developer shall pay to City THIRTY SIX AND 20/100 DOLLARS Fifty-Two Dollars and 50/100 ($36.252.50) per gross square foot of the Retail Space.
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