Orange County NC Website
DocuSign Envelope ID: 65EC9D62 -7FB9- 4747- A005- FC28FEF750E3 <br />D. 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 the Orange County Home Investment Partnership Program, <br />AND BY REASON THEREOF, OWNER IN CONSIDERATION FOR RECEIVING <br />ORANGE COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR THE <br />PROPERTY HEREBY AGREES AND CONSENTS THAT ORANGE COUNTY SHALL BE <br />ENTITLED, FOR ANY BREACH OF THE PROVISIONS HEREIN, AND IN ADDITION TO <br />ALL OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, TO ENFORCE BY <br />SPECIFIC PERFORMANCE OWNER'S OBLIGATIONS UNDER THIS DECLARATION IN <br />A STATE COURT OF COMPETENT JURISDICTION, WITH VENUE IN ORANGE <br />COUNTY. Owner hereby further specifically acknowledges that the beneficiaries of Owner's <br />obligations hereunder cannot be adequately compensated by monetary damages in the event of <br />any default hereunder. <br />E. This Declaration may be enforced by Orange County or its designee in the event Owner <br />fails 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 are <br />incurred by Orange County, such legal costs, including attorney fees and court costs (including <br />costs of appeal), are the responsibility of, and may be recovered from the Owner. <br />SECTION 6 MISCELLANEOUS <br />a. Severability. The invalidity of any clause, part, or provision of this Declaration shall <br />not affect the validity of the remaining portions thereof. <br />b. Notices. Any Notice shall be in writing and shall be given by depositing the same <br />in the 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 described shall <br />be effective upon mailing. For purposes of Notice, the addresses of the parties shall, unless <br />changed as hereinafter provided, be as follows: <br />To Orange County: Orange County <br />c/o Housing and Community <br />Development Department <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />ATTN: Director <br />ii. To CASA: CASA <br />P.O. Box 12545 <br />Raleigh, NC 27603 <br />ATTN: Director, Real Estate Development <br />C. 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 />22 <br />