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16 <br /> Section 8. In recognition of the fact that some new development will have a negligible <br /> impact on school capacity, a CAPS shall not be required under the following <br /> circumstances: <br /> a. For residential developments restricted by law and/or covenant for a <br /> period of at least thirty years to housing for the elderly and/or adult care <br /> living and/or adult special needs; <br /> b. For residential developments restricted for a period of at least thirty years <br /> to dormitory housing for university students. <br /> If the use of a development restricted as provided above changes, then before a <br /> permit authorizing such change of use becomes effective, a CAPS must be issued <br /> just as if the development were being constructed initially. <br /> Section 9. The parties acknowledge that this Memorandum of Understanding is not intended <br /> to and does not create legally binding obligations on any of the parties to act in <br /> accordance with its provisions. Rather, it constitutes a good faith statement of the <br /> intent of the parties to cooperate in a manner designed to meet the mutual <br /> objective of all the parties that the children who reside within the School District <br /> are able to attend school levels that satisfy the level of service standards set forth <br /> herein. <br /> The Town of Hillsborough intends to remain committed to the MOU only as long <br /> as Orange County continues to execute the CIP as agreed in the MOU. If the <br /> Hillsborough Board of Commissioners finds Orange County is no longer in <br /> compliance with the CIP as outlined in the MOU,the Town of Hillsborough will <br /> no longer consider itself bound by this MOU and may consider repealing the <br /> Ordinance referenced in Section 2 of this MOU. <br /> ``�`oe�� � �L� "� f,the day of , 20Q <br /> e . <br /> O"4 TOWN OF HE LLSBOROUGH <br /> TOW" Cr <br /> ESEAL <br /> �.., By: <br /> . eka <br /> isI V <br /> of,i`f own Clerk <br /> ORANGE COUNTY BOARD OF <br /> EDU� -ATION <br /> SEAL � -- <br /> By: <br /> Chair <br /> Attest-.. <br /> S cretary <br /> H:\SAPFO\mou for oc bd of educ cb version with geg chgs clean.doc 6 <br />