Common use of Non-Applicability Clause in Contracts

Non-Applicability. 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 ▇▇▇▇▇-▇▇▇▇▇▇▇ Rental Housing Act, California Civil Code section 1954.50 et seq. (the “▇▇▇▇▇-▇▇▇▇▇▇▇ Act”) provides for no 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 agency in consideration for a direct financial contribution or any other form of assistance specified in Chapter 4.3 of the California Government Code or Civil Code section 1954.52(b). The Parties agree that the ▇▇▇▇▇-▇▇▇▇▇▇▇ Act does not and in no way shall limit or otherwise affect the restriction of rental charges for the BMR Units, consistent with the Housing Program and Recorded Restrictions. This Agreement falls within the express exception to the ▇▇▇▇▇-▇▇▇▇▇▇▇ Act, Section 1954.52(b) because this Agreement is a contract with a public entity in consideration for contributions 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). The City and Developer would not be willing to enter into this Agreement without the understanding and agreement that ▇▇▇▇▇-▇▇▇▇▇▇▇ Act provisions set forth in California Civil Code section 1954.52(a) do not apply to the BMR Units as a result of the exemption set forth in California Civil Code section 1954.52(b) for the reasons set forth in this Section 5.12.

Non-Applicability. 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 ▇▇▇▇▇-▇▇▇▇▇▇▇ Rental Housing Act, California Civil Code section 1954.50 et seq. (the “"▇▇▇▇▇-▇▇▇▇▇▇▇ Act”") provides for no 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 agency in consideration for a direct financial contribution or any other form of assistance specified in Chapter 4.3 of the California Government Code or Civil Code section 1954.52(b). The Parties agree that the ▇▇▇▇▇-▇▇▇▇▇▇▇ Act does not and in no way shall limit or otherwise affect the restriction of rental charges for the BMR Units, Replacement Units consistent with the Replacement Housing Program and Recorded Interim Relocation Plan and Notice of Special Restrictions. This Agreement falls within the express exception to the ▇▇▇▇▇-▇▇▇▇▇▇▇ Act, Section 1954.52(b) because this Agreement is a contract with a public entity in consideration for contributions 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). The City and Developer SFCM would not be willing to enter into this Agreement without the understanding and agreement that ▇▇▇▇▇-▇▇▇▇▇▇▇ Act provisions set forth in California Civil Code section 1954.52(a) do not apply to the BMR Replacement Units as a result of the exemption set forth in California Civil Code section 1954.52(b) for the reasons set forth in this Section 5.12.