Orange County NC Website
Browse       Search
<br /> <br />C. Owner covenants that it will not knowingly take or permit any action that would result in <br />a violation of the Orange County Long Term Affordability Policy requirements. Orange <br />County, together with Owner, may execute and record any amendment or modification of <br />this Declaration and such amendment or modification shall be binding on third parties <br />granted rights under this Declaration. <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 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 EQUITY, <br />TO ENFORCE BY SPECIFIC PERFORMANCE OWNER’S OBLIGATIONS UNDER THIS <br />DECLARATION IN A STATE COURT OF COMPETENT JURISDICTION, WITH VENUE <br />IN ORANGE COUNTY. Owner hereby further specifically acknowledges that the <br />beneficiaries of Owner's obligations hereunder cannot be adequately compensated by monetary <br />damages in the event of any default hereunder. <br /> <br />E. 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 against <br />any person or persons violating or attempting to violate any covenant. If legal costs are incurred <br />by Orange County, such legal costs, including attorney fees and court costs (including costs of <br />appeal), are the responsibility of, and may be recovered from the Owner. <br /> <br />SECTION 6 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 /> <br />B. 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 described <br />shall be effective upon mailing. For purposes of Notice, the addresses of the parties shall, <br />unless changed as hereinafter provided, be as follows: <br /> <br /> i. To the County: Orange County <br />c/o Housing and Community Development <br />Department <br /> P.O. Box 8181 <br /> Hillsborough, NC 27278 <br />DocuSign Envelope ID: 32CE5800-8AE6-4AEC-B93D-DCC116731946