Orange County NC Website
DocuSign Envelope ID: C3173F25- 6C4C- 4A24- 903D- 06978EB7C4AE <br />F. Owner acknowledges that the primary purpose for requiring compliance by Owner with <br />restrictions provided in this Declaration is to assure compliance with the affordability <br />requirements of Orange County, AND BY REASON THEREOF, OWNER IN <br />CONSIDERATION FOR RECEIVING AFFORDABLE HOUSING BOND PROGRAM <br />FUNDS FOR THE PROPERTY HEREBY AGREES AND CONSENTS THAT ORANGE <br />COUNTY SHALL BE ENTITLED, FOR ANY BREACH OF THE PROVISIONS HEREIN, <br />AND IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW OR IN <br />EQUITY, TO ENFORCE BY SPECIFIC PERFORMANCE OWNER'S OBLIGATIONS <br />UNDER THIS DECLARATION IN A STATE COURT OF COMPETENT <br />JURISDICTION, WITH VENUE IN ORANGE COUNTY. Owner hereby further <br />specifically acknowledges that the beneficiaries of Owner's obligations hereunder cannot be <br />adequately compensated by monetary damages in the event of any default hereunder. <br />G. This Declaration may be enforced by Orange County or its designee in the event Owner fails <br />to satisfy any of the requirements of this Declaration by proceedings at law or in equity <br />against any person or persons violating or attempting to violate any covenant. If legal costs <br />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 Owner. <br />SECTION 6 MISCELLANEOUS <br />D. Severability. The invalidity of any clause, part, or provision of this Declaration shall not <br />affect the validity of the remaining portions thereof. <br />E. Notices. Any Notice shall be in writing and shall be given by depositing the same in the <br />United States mail, post -paid and registered or certified, and addressed to the party to be <br />notified, with return- receipt requested, or by delivering the same in person to an officer or <br />principal of such party. Notice deposited in the mail in the manner hereinabove <br />described shall be effective upon mailing. For purposes of Notice, the addresses of the <br />parties shall, unless changed as hereinafter provided, be as follows: <br />To the County: Orange County <br />c/o Housing and Community Development <br />Department <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />ATTN: Director <br />ii. To Habitat: Habitat for Humanity of Orange County, NC, Inc. <br />88 Vilcom Center Drive, Suite L110 <br />Chapel Hill, NC 27514 <br />ATTN: Executive Director <br />F. Governing Law. This Declaration shall be governed by the laws of the State of <br />North Carolina and, where applicable, the laws of the United States of America. <br />31 <br />