Agenda - Council - 09/26/2023 - Laserfiche WebLink

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EXHIBIT C USE RESTRICTIONS Seller 'hereby covenants and agrees that it will not lease, rent, sell or otherwise permit to be 01wned, controlled, leased, used or occupied any portion of Seller's Residual for any of the uses set forth in items (a) through (cc) below: (a) a Retail Grocery Store. The term "Retail Grocery Store" means a supermarket, a meat market, a grocery store, a fruit and vegetable store or stand, a frozen or otherwise processed food store, and any other store where more than 1,5,00 square feet (including adjacent aisle space) is used for the sale or display of grocery items. "Retail Grocery Store's shall also include the operation of a grocery pick-up service (e.g. Clicklist, Curbside Pickup or similar service) anywhere within the Overall Parcel, whether or not the premises from which the service is offered is also used for the sale and display of grocery items. "Reta'11 Grocery Store" does not include a delicatessen or any restaurant wherein prepared food is sold for on -premises or "take-out" consumption; (b) a business selling alcoholic beverages for on -premises consumption except for a restaurant with sit down table service as its primary operation in which the sale of alcoholic beverages does not exceed 50% of its gross sales; however, this restriction shall not prohibit a Tap Room, Brewery or Brew Pub; (c) any establishment which stocks, displays, sells, rents, or offers for sale or rent any merchandise or material commonly used or intended for the use with or in consumption of any narcotic, dangerous drug, or other controlled substance (provided that the foregoing is not intended and shall not be construed to prohibit a drug store); any store or operation where the sale of cannabis (including marijuana) or cannabis derivatives and related products exceeds 50% of such store or operation's gross sales; (d) adult book store, an establishment selling or exhibiting pornographic materials (provided that this restriction shall not prohibit sales by national book reta'llers such as Barnes and Noble) or any form of adult entertainment or an operation whose principal use is an exotic dancing and/or massage parlor (provided this restriction shall not prohibit massages in connection with a beauty salon, health club or athletic facility, or a national massage chain such as Massage Envy), (e) a pool or billiard hall-, arcade; M night club or dance club; (q) movie theater or cinema; (h) gym or health club greater than 5,000 square feet; (i) school or learning center having more than thirty students at any one time, 24 B. S: