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14 <br /> <br />together with any future owner of the Property 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 units on the Property and such <br />amendment or modification shall, to the extent permitted by law, either relate back to the date of <br />recording of this Declaration or not as necessary to carry out the intent of this Declaration, and <br />be binding on third parties granted rights under this Declaration. CHT expressly covenants and <br />agrees to rerecord this Declaration periodically and no less often than one day less than every 30 <br />years from the date hereof for the purpose of renewing the Lessor’s option to purchase and right <br />of first refusal, that are contained in the ATTACHMENT C Ground Lease, in the Property or <br />portion thereof including any leasehold interest in the Property or portion thereof. <br /> <br />c. CHT acknowledges that the primary purpose for requiring compliance by CHT with <br />restrictions provided in this Declaration is to assure compliance with the long term affordability <br />requirements of the HOME INVESTMENT PARTNERSHIP PROGRAM, AND BY REASON <br />THEREOF, CHT, IN CONSIDERATION FOR RECEIVING HOME INVESTMENT <br />PARTNERSHIP PROGRAM FUNDS FOR THE PROPERTY, HEREBY AGREES AND <br />CONSENTS THAT THE COUNTY SHALL BE ENTITLED, FOR ANY BREACH OF THE <br />PROVISIONS HEREIN, AND IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY <br />LAW OR IN EQUITY, TO ENFORCE BY SPECIFIC PERFORMANCE CHT’S <br />OBLIGATIONS UNDER THIS DECLARATION IN A STATE COURT OF COMPETENT <br />JURISDICTION, WITH VENUE IN ORANGE COUNTY. CHT hereby further specifically <br />acknowledges that the beneficiaries of CHT’s obligations hereunder cannot be adequately <br />compensated by monetary damages in the event of any default hereunder. If legal costs are <br />incurred by the County, such legal costs, including attorney fees and court costs (including costs <br />of appeal), are the responsibility of, and may be recovered from the CHT. <br /> <br />SECTION 5 MISCELLANEOUS <br /> <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 />DocuSign Envelope ID: 1C608BEC-B713-4BE4-9E53-CD92D598627F