Common use of Xxxxx Xxxxxxx Waiver Clause in Contracts

Xxxxx Xxxxxxx Waiver. The Parties understand and agree 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 Authority Housing Units or the Inclusionary Units developed pursuant to the DDA (including the Housing Plan)(as those terms are defined in the DDA). This Agreement falls within an express exception to the Xxxxx-Xxxxxxx Act because the Agreement is a contract with a public entity in consideration for a direct financial contribution 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, Xxxxxxxxx, 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, Xxxxxxxxx’s obligations set forth in the Housing Plan related to Inclusionary Units, under the Xxxxx-Xxxxxxx Act, as the same may be amended or supplanted from time to time. Developer shall include the following language, in substantially the following form, in all Development Agreement Assignment and Assumptions hereunder: “The Development Agreement and DDA (including the Housing Plan) 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, the conveyance of real property without payment, and other forms of public assistance specified in California Government Code section 65915 et seq. These public contributions result in identifiable, financially sufficient and actual cost reductions for the benefit of Developer and Vertical Developers, as contemplated by California Government Code section 65915. 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 Inclusionary Units developed at the Project under the DDA.” The Parties understand and agree that the City would not be willing to enter into this Agreement without the agreement and waivers as set forth in this Section 10.7.

Xxxxx Xxxxxxx Waiver. The Parties understand Xxxxx-Xxxxxxx waiver set forth in this Section 11 applies only to development on Block 1. Owner understands and agree agrees 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 Authority For-Rent Owner Affordable Housing Units or constructed by the Inclusionary Units developed Owner on Block 1 pursuant to the DDA Section 4.5 of Attachment C (including the Mission Bay South Housing Plan)(as those terms are defined in the DDA)Program) to this South OPA. This Agreement South OPA falls within an express exception to the Xxxxx-Xxxxxxx Act because the Agreement South OPA is a contract with a public entity in consideration for a direct financial contribution and 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, XxxxxxxxxOwner, 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, XxxxxxxxxOwner’s obligations set forth in the Mission Bay South Housing Plan related to Inclusionary For-Rent Owner Affordable Housing Units, under the Xxxxx-Xxxxxxx Act, as the same may be amended or supplanted from time to time. Developer Owner shall include the following language, in substantially the following form, in all Development Agreement Assignment and Assumptions hereunderany assignment or partial assignment of the South OPA with respect to Block 1 to subsequent developers: “"The Development Agreement and DDA 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, the conveyance of real property without payment, increment and other forms of public assistance specified in California Government Code section 65915 et sequnder CRL. These public contributions result in identifiable, financially sufficient and actual cost reductions for the benefit of Developer and Vertical Developers, as contemplated by California Government Code section 65915Owner. 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 Inclusionary For-Rent Owner Affordable Housing Units developed at the Block 1 Project under the DDASouth OPA.” " The Parties understand and agree that the City Successor Agency would not be willing to enter into this Agreement the South OPA, without the agreement and waivers as set forth in this Section 10.711.