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17 <br /> <br />portion of this Project if the buyer or successor or other person fails to assume in writing <br />the requirements of this Declaration and the requirements of the DEVELOPMENT <br />AGREEMENT. A copy of the DEVELOPMENT AGREEMENT is on file with the <br />Office of the Clerk to the Orange County Board of County Commissioners. Upon <br />expiration of the Affordability Period and prior to expiration of the ninety-nine (99) <br />years from Project Completion, Owner may sell, transfer, or exchange the Project to a <br />Qualified Buyer as defined in the County’s Long-Term Affordability Policy or to a <br />non-profit fund, foundation, or corporation of like purpose which is organized and <br />operated exclusively for charitable and educational purposes and which has established <br />its tax exempt status under Section 501 (c)(3) of the Internal Revenue Code, or to <br />Orange County; provided, however, Owner shall obtain the written agreement, in form <br />satisfactory to Orange County, of any buyer or successor or other person acquiring the <br />Project or any interest therein, that such acquisition is subject to the requirements of <br />this Declaration and to the requirements of the County’s Long-Term Affordability <br />Policy. <br /> <br />2. Any assignment, sale, transfer, conveyance or other disposition of the Project or any <br />part of the Project other than as described in subparagraph 1 above, whether voluntary <br />or involuntary or by operation of law shall be subject to the provisions of SECTION 4 <br />of this Declaration. <br /> <br />C. Owner will, at the time of execution, delivery and recording of this Declaration, have good <br />and marketable title to the Properties, free and clear of any lien or encumbrance (except <br />encumbrances created pursuant to this Declaration or other permitted encumbrances). <br /> <br />D. Owner warrants that it has not and will not execute any other declaration with provisions <br />contradictory to, or in opposition to, the provisions hereof, and that in any event, the <br />requirements of this Declaration are paramount and controlling as to the rights and <br />obligations herein set forth and supersede any other requirements in conflict herewith. <br /> <br />SECTION 2 TERM OF DECLARATION <br /> <br />This Declaration and the Terms of Affordability, specified herein, apply to the Project immediately <br />upon recordation in the Officer of the Register of Deeds of Orange County. Owner shall comply <br />with all restrictive covenants herein. This declaration shall terminate ninety-nine (99) years <br />following Project Completion, unless earlier terminated by written agreement of Orange County <br />in accordance with its Long-Term Affordability Policy. No sale or transfer to a non-qualified buyer <br />shall by itself terminate or extinguish these covenants; termination shall occur only upon the <br />County’s express written release. <br />Docusign Envelope ID: 4B02F05F-1410-4DCD-BCEE-8DD7A7B20DAF