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6 <br /> BOOK PAGE <br /> 2916 534 <br /> 99 years) to the housing unit and a warranty deed to the improvements on the leased premises <br /> The ground lease, the form of which is Exhibit C hereto, provides for the long term affordability <br /> (at least 99 years) of the housing unit and provides remedies to insure the long term affordability <br /> of the housing unit.. OCHLT hereby declares and covenants, on behalf of itself and all future <br /> owners of the Property, including OCHLT, that, during the term of this Declaration, Orange <br /> County is a third party beneficiary of and successor to each and every remedy intended to insure <br /> the long term affordability of the housing unit that is provided for in the housing unit ground lease <br /> and may, in the event of the failure or default of the Lessor in the housing ground lease to insure <br /> the long term affordability of the housing unit as provided for in the ground lease, exercise all <br /> rights and remedies available to the Lessor in the ground lease for that purpose <br /> B.. OCHLT covenants that it will not knowingly take or permit any action that would result in <br /> a violation of the affordability requirements of the DEVELOPMENT AGREEMENT and this <br /> Declaration Orange County, together with OCIILT, may execute and record any amendment or <br /> modification of this Declaration necessary to insure the successful completion of the Project and <br /> the long term affordability (at least 99 years) of the housing unit and such amendment or <br /> modification shall, to the extent permitted by law, either relate back to the date of recording of <br /> this Declaration or not as necessary to carry out the intent of this Declaration, and be binding on <br /> third parties granted rights under this Declaration OCHLT expressly covenants and agrees to <br /> rerecord this Declaration periodically and no less often than one day less than every 30 years from <br /> the Project completion date for the purpose of renewing the Lessor's option to purchase and right <br /> of first refusal,that are contained in the housing unit ground lease. <br /> C OCHLT acknowledges that the primary purpose for requiring compliance by OCHLT with <br /> restrictions provided in this Declaration is to assure compliance with the long term affordability <br /> requirements of the Orange County Housing Trust Fund Program, AND BY REASON <br /> THEREOF, OCHLT, IN CONSIDERATION FOR RECEIVING ORANGE COUNTY <br /> HOUSING TRUST FUND PROGRAM FUNDS FOR IHE PROPERTY, HEREBY AGREES <br /> AND CONSENTS THAT ORANGE COUNTY SHALL BE ENTITLED, FOR ANY BREACH <br /> OF THE PROVISIONS HEREIN, AND IN ADDITION TO ALL OTHER REMEDIES <br /> PROVIDED BY LAW OR IN EQUITY, TO ENFORCE BY SPECIFIC PERFORMANCE <br /> OCHLT'S OBLIGATIONS UNDER THIS DECLARATION IN A STATE COURT OF <br /> COMPEIENT JURISDICTION, WITH VENUE IN ORANGE COUNTY.. OCIILT hereby <br /> further specifically acknowledges that the beneficiaries of OCHLT's obligations hereunder cannot <br /> be adequately compensated by monetary damages in the event of any default hereunder.. If legal <br /> costs are incurred by Orange County, such legal costs, including attorney fees and court costs <br /> (including costs of appeal), are the responsibility of, and may be recovered from the OCIILT.. <br /> SECTION 6 MISCELLANEOUS <br /> a.. Severability. The invalidity of'any clause, part, or provision of this Declaration shall not <br /> affect the validity of the remaining portions thereof <br /> Declaration of Restrictive Covenants <br /> Page 4 <br />