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(~ <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 bylaw 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 dornritory 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 />aze able to attend school levels that satisfy the level of service standards set forth <br />herein <br />The Town of Canboro and the Town of Chapel Hill intend to remain committed <br />to the MOU only as long as Orange County continues to execute the CIP as <br />agreed in the MOU. If the Canboro Board of Aldermen finds Orange Cotmty is <br />no longer in compliance with the CIl' as outlined in the MOU, the Town of <br />Canboro will no longer consider itself bound by this MOU and may consider <br />repealing the Ordinance referenced in Section 2 of this MOU. If the Chapel Hill <br />Town Council finds Orange County is no longer in compliance with the CIP as <br />outlined in the MOU, the Town of Chapel Hill will no longer consider itself <br />bound by this MOU and may consider repealing the Ordinance referenced in <br />Section 2 of this MOU. <br />This the day of , 20. <br />SEAL <br />Attest: <br />Town Clerk <br />TOWN OF CARRBORO <br />By: <br />Mayor <br />H:\DEPTS\SCHOOLS\SchoolsAPFO\apprMOUchccs062303 doc ~ <br />