Common use of Xxxxx-Xxxxxxx Waiver Clause in Contracts

Xxxxx-Xxxxxxx Waiver. The Xxxxx-Xxxxxxx waiver set forth in this Section 11 applies only to development on Block 1. Owner understands and agrees that the Xxxxx-Xxxxxxx Rental Housing Act (California Civil Code sections 1954.50 et seq.; the "Xxxxx-Xxxxxxx Act") does not and in no way shall limit or otherwise affect the restriction of rental charges for the For-Rent Owner Affordable Housing Units constructed by the Owner on Block 1 pursuant to Section 4.5 of Attachment C (Mission Bay South Housing Program) to this South OPA. This South OPA falls within an express exception to the Xxxxx-Xxxxxxx Act because the South OPA is a contract with a public entity in consideration for a direct financial contribution or other forms of assistance specified in Chapter 4.3 (commencing with section 65915) of Division 1 of Title 7 of the California Government Code. Accordingly, Owner, on behalf of itself and all of its successors and assigns, agrees not to challenge, and expressly waives, now and forever, any and all rights to challenge, Owner’s obligations set forth in the Mission Bay South Housing Plan related to For-Rent Owner Affordable Housing Units, under the Xxxxx-Xxxxxxx Act, as the same may be amended or supplanted from time to time. Owner shall include the following language, in substantially the following form, in any assignment or partial assignment of the South OPA with respect to Block 1 to subsequent developers: "The Mission Bay South OPA (including the Housing Plan) implements the Community Redevelopment Law, Cal. Cal. Health & Safety Code §§ 33000 et seq. ("CRL"), as amended, and Successor Agency policies and includes regulatory concessions and significant public investment in the Project. The regulatory concessions and public investment include, without limitation, a direct financial contribution of net tax increment and other forms of public assistance specified under CRL. These public contributions result in identifiable, financially sufficient and actual cost reductions for the benefit of Owner. In light of the Successor Agency's authority under CRL, and in consideration of the direct financial contribution and other forms of public assistance described above, the parties understand and agree that the Xxxxx-Xxxxxxx Act does not and shall not apply to the For-Rent Owner Affordable Housing Units developed at the Block 1 Project under the South OPA." The Parties understand and agree that the Successor Agency would not be willing to enter into the South OPA, without the agreement and waivers as set forth in this Section 11.

Xxxxx-Xxxxxxx Waiver. The Xxxxx-Xxxxxxx waiver set forth in this Section 11 applies only to development on Block 1. Owner understands Parties understand and agrees agree that the Xxxxx-Xxxxx- Xxxxxxx Rental Housing Act (California Civil Code sections 1954.50 et seq.; the "Xxxxx-“Xxxxx- Xxxxxxx Act"”) does not and in no way shall limit or otherwise affect the restriction of rental charges for the For-Rent Owner Affordable Authority Housing Units constructed by or the Owner on Block 1 Inclusionary Units developed pursuant to Section 4.5 of Attachment C the DDA (Mission Bay South including the Housing Program) to this South OPAPlan)(as those terms are defined in the DDA). This South OPA Agreement falls within an express exception to the Xxxxx-Xxxxxxx Act because the South OPA Agreement is a contract with a public entity in consideration for a direct financial contribution or and other forms of assistance specified in Chapter 4.3 (commencing with section 65915) of Division 1 of Title 7 of the California Government Code. Accordingly, OwnerXxxxxxxxx, on behalf of itself and all of its successors and assigns, including all Vertical Developers, agrees not to challenge, and expressly waives, now and forever, any and all rights to challenge, OwnerXxxxxxxxx’s obligations set forth in the Mission Bay South Housing Plan related to For-Rent Owner Affordable Housing Inclusionary Units, under the Xxxxx-Xxxxxxx Act, as the same may be amended or supplanted from time to time. Owner Developer shall include the following language, in substantially the following form, in any assignment or partial assignment of the South OPA with respect to Block 1 to subsequent developersall Development Agreement Assignment and Assumptions hereunder: "“The Mission Bay South OPA Development Agreement and DDA (including the Housing Plan) implements the Community Redevelopment Law, Cal. Cal. Health & Safety Code §§ 33000 et seq. ("CRL"), as amended, and Successor Agency policies and includes regulatory concessions and significant public investment in the Project. The regulatory concessions and public investment include, without limitation, a direct financial contribution of net tax increment increment, the conveyance of real property without payment, and other forms of public assistance specified under CRLin California Government Code section 65915 et seq. These public contributions result in identifiable, financially sufficient and actual cost reductions for the benefit of OwnerDeveloper and Vertical Developers, as contemplated by California Government Code section 65915. In light of the Successor Agency's authority under CRL, and in consideration of the direct financial contribution and other forms of public assistance described above, the parties understand and agree that the Xxxxx-Xxxxxxx Act does not and shall not apply to the For-Rent Owner Affordable Housing Inclusionary Units developed at the Block 1 Project under the South OPADDA." ” The Parties understand and agree that the Successor Agency City would not be willing to enter into the South OPA, this Agreement without the agreement and waivers as set forth in this Section 1110.7.