Code Authorization Sample Clauses

Code Authorization. In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Section 65864 et. seq. (the “Development Agreement Statute”), which authorizes the City to enter into a development agreement with any person having legal or equitable interest in real property regarding the development of such property. Pursuant to Government Code Section 65865, the City has adopted Chapter 56 of the San Francisco Administrative Code establishing procedures and requirements for entering into a development agreement with a private developer pursuant to the Development Agreement Statute.
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Code Authorization. Chapter 4.3 of the California Government Code (commencing with Section 65915, of Division 1 of Title 7, hereafter “Government Code Chapter 4.3”) directs public agencies to grant concessions and incentives to private developers for the production of housing for lower income households. The Xxxxx-Xxxxxxx Rental Housing Act (California Civil Code Section 1954.50 et seq. hereafter “Xxxxx-Xxxxxxx”) authorizes the owner of residential real property to establish the initial and all subsequent rental rates for a dwelling unit with a certificate of occupancy issued after February 1, 1995 with certain exceptions, including an exception in Section 1954.52(b) for dwelling units constructed pursuant to a contract with a public entity in consideration for a direct financial contribution or any other form of assistance specified in Government Code Chapter 4.3. Section 207(c)(4) of the San Francisco Planning Code (hereafter “Planning Code”) allows one or more new dwelling units to be constructed entirely within the built envelope of an existing building, or within the built envelope of an existing and authorized auxiliary structure on the same lot, in zoning districts that allow residential use (“Accessory Dwelling Units” or “ADUs”) . Planning Code Section 207(c)(4)(G) authorizes the Zoning Administrator to grant a complete or partial waiver of the Planning Code requirements specified in Planning Code Section 307(l) when modification of the requirement would facilitate the construction of an ADU. Section 207(c)(4)(G) further provides that if the Zoning Administrator grants a complete or partial waiver of Planning Code requirements, and the subject lot contains any Rental Units as defined in Section 37.2(r) of the San Francisco Residential Rent Stabilization and Arbitration Ordinance (hereafter “the Rent Ordinance”) at the time an application for a building permit is filed to construct the ADU(s), the owner must enter into a Regulatory Agreement with the City pursuant to Planning Code Section 207(c)(4)(H) that subjects the ADU(s) to the Rent Ordinance as a condition of approval .
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Code Authorization. (1) On June 18, 2013, the San Francisco Board of Supervisors finally passed Ordinance No. 117-13 adopting the Condominium Conversion Fee and Expedited Conversion Program, San Francisco Subdivision Code Section 1396.4 (the “Program”). The Program permits property owners of apartments to convert the units in their building to condominiums under certain conditions. The Program suspends the City’s 200-unit annual cap on condominium conversions and exempts property owners from the lottery process, under certain conditions. The lottery process had resulted in property owners experiencing a wait of up to nine years to convert to condominiums. The Program provides for an expedited conversion process that allows conversions to occur as soon as the building meets all required criteria for eligibility. In addition, Ordinance No. 117-13 provides for a refund of a portion of the condominium conversion fee for each unit in a building subject to a lifetime lease with a higher percentage of fee reduction available if a larger number of units are subject to a lifetime lease. (2) Chapter 4.3 of the California Government Code directs public agencies to grant concessions and incentives to private developers for the production of housing for lower income households. The Xxxxx-Xxxxxxx Rental Housing Act (California Civil Code Sections 1954.50 et seq., hereafter “Xxxxx-Xxxxxxx Act”) imposes limitations on the establishment of the initial and all subsequent rental rates for a dwelling unit with a certificate of occupancy issued after February 1, 1995, with exceptions, including an exception for dwelling units constructed pursuant to a contract with a public entity in consideration for a direct financial contribution or any other form of assistance specified in Chapter 4.3 of the California Government Code (Section 1954.52(b)). Pursuant to Civil Code Section 1954.52(b), the City’s Board of Supervisors has enacted as part of the Program, procedures and requirements for entering into an agreement with a private property owner to memorialize the direct financial contributions, and concessions and incentives granted to the property owner within the exception to the Xxxxx- Xxxxxxx Act for the Lifetime Lease Unit included in the Property. (3) The Xxxxx Act (Government Code Section 7060 et seq., hereafter the “Xxxxx Act”) allows landlords who comply with its terms to go out of the rental business by evicting their tenants and withdrawing all units in a property from the rental market. By...
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Code Authorization. California Government Code Sections 65864 through 65869.5 and Article 58 of City’s Zoning Code (collectively, the “Development Agreement Legislation”) authorize the City to enter into binding development agreements with persons or entities having legal or equitable interests in real property for the purpose of establishing certainty in the development process for both the City and the property owners, and to enable specific terms regarding property development to be negotiated and agreed upon.
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Related to Code Authorization

  • Overtime Authorization All overtime will be authorized in advance by the

  • Power; Authorization Such Investor has all requisite power and authority to execute and deliver this Agreement. This Agreement, when executed and delivered by such Investor, will constitute a valid and legally binding obligation of such Investor, enforceable in accordance with its respective terms, except as: (a) limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally; and (b) limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies.

  • Required Authorizations There is no requirement to make any filing with, give any notice to, or obtain any Authorization of, any Governmental Entity as a condition to the lawful completion of the transactions contemplated by this Agreement.

  • LEGAL AUTHORIZATION (a) The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement.

  • Corporate Power; Authorization The Borrower has the corporate power, and has been duly authorized by all requisite corporate action, to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement has been duly executed and delivered by the Borrower.

  • Organizational Power; Authorization The execution, delivery and performance by each Loan Party of the Loan Documents to which it is a party are within such Loan Party’s organizational powers and have been duly authorized by all necessary organizational, and if required, shareholder, partner or member, action. This Agreement has been duly executed and delivered by the Borrower, and constitutes, and each other Loan Document to which any Loan Party is a party, when executed and delivered by such Loan Party, will constitute, valid and binding obligations of the Borrower or such Loan Party (as the case may be), enforceable against it in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.

  • Organization; Due Authorization If such Sponsor is not an individual, it is duly organized, validly existing and in good standing under the Laws of the jurisdiction in which it is incorporated, formed, organized or constituted, and the execution, delivery and performance of this Sponsor Agreement and the consummation of the transactions contemplated hereby are within such Sponsor’s corporate, limited liability company or organizational powers and have been duly authorized by all necessary corporate, limited liability company or organizational actions on the part of such Sponsor. If such Sponsor is an individual, such Sponsor has full legal capacity, right and authority to execute and deliver this Sponsor Agreement and to perform his or her obligations hereunder. This Sponsor Agreement has been duly executed and delivered by such Sponsor and, assuming due authorization, execution and delivery by the other parties to this Sponsor Agreement, this Sponsor Agreement constitutes a legally valid and binding obligation of such Sponsor, enforceable against such Sponsor in accordance with the terms hereof (except as enforceability may be limited by bankruptcy Laws, other similar Laws affecting creditors’ rights and general principles of equity affecting the availability of specific performance and other equitable remedies). If this Sponsor Agreement is being executed in a representative or fiduciary capacity, the Person signing this Sponsor Agreement has full power and authority to enter into this Sponsor Agreement on behalf of the applicable Sponsor.

  • Corporate Authorization (a) MTI has the requisite corporate power and authority to execute and deliver this Agreement and, subject to MTI Stockholder Approval, to consummate the MTI Merger and the other transactions contemplated hereby and to perform its obligations hereunder. The execution, delivery and performance by MTI of this Agreement, and the consummation by MTI of the MTI Merger and the other transactions contemplated hereby, have been duly and validly authorized by the MTI Board and, except for obtaining MTI Stockholder Approval, no other corporate proceedings on the part of MTI are necessary to authorize this Agreement or to consummate the transactions contemplated hereby or to perform its obligations hereunder. This Agreement has been duly and validly executed and delivered by MTI and, assuming this Agreement constitutes the legal, valid and binding agreement of EVI, Parent, Merger Sub E, and Merger Sub M, constitutes a legal, valid and binding agreement of MTI, enforceable against MTI in accordance with its terms, except to the extent that enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar Laws, now or hereafter in effect, affecting creditors’ rights generally and by general principles of equity. (b) The MTI Board (at a meeting or meetings duly called and held, at which all directors of MTI were present or participated and voted) has unanimously adopted resolutions (i) declaring that this Agreement, the MTI Merger, and the other transactions contemplated hereby are advisable and in the best interests of MTI’s stockholders, (ii) approving and declaring advisable this Agreement, the MTI Merger and the other transactions contemplated by this Agreement, (iii) declaring that the MTI Merger Consideration to be paid to MTI’s stockholders is fair to such stockholders, (iv) resolving to recommend adoption of this Agreement by the stockholders of MTI and (v) directing that the adoption of this Agreement, the Merger and the other transactions contemplated hereby be submitted to a vote of MTI’s stockholders at MTI Stockholder Meeting, and, as of the date of this Agreement, such resolutions have not been subsequently rescinded, modified or withdrawn in any way.

  • Due Authorization The Company has full right, power and authority to execute and deliver this Agreement and to perform its obligations hereunder; and all action required to be taken for the due and proper authorization, execution and delivery by it of this Agreement and the consummation by it of the transactions contemplated hereby has been duly and validly taken.

  • Governmental Authorizations; Private Authorizations; Governmental Filings The Borrower has obtained, maintained and kept in full force and effect all Governmental Authorizations and Private Authorizations which are necessary for it to properly carry out its business, except where the failure to do so could not reasonably be expected to have a Material Adverse Effect, and made all material Governmental Filings necessary for the execution and delivery by it of the Facility Documents to which it is a party, the Borrowings by the Borrower under this Agreement, the pledge of the Collateral by the Borrower under this Agreement and the performance by the Borrower of its obligations under this Agreement, the other Facility Documents, and no material Governmental Authorization, Private Authorization or Governmental Filing which has not been obtained or made, is required to be obtained or made by it in connection with the execution and delivery by it of any Facility Document to which it is a party, the Borrowings by the Borrower under this Agreement, the pledge of the Collateral by the Borrower under this Agreement or the performance of its obligations under this Agreement and the other Facility Documents to which it is a party.

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