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9 <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 Carrboro 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 Carrboro Board of Aldermen finds Orange County is <br /> no longer in compliance with the CIP as outlined in the MOU, the Town of <br /> Carrboro 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 14- day of , 20915-• <br /> 0\\wutnnnunnn��i��� TOWN OF CARRBORO <br /> of CA1'1% <br /> \\����••........... 9 <br /> • ••.� -0RgTFo:O <br /> B <br /> _ - Y: <br /> 1911 <br /> = Mayor <br /> e <br /> Attest: ��'•., <br /> Town Clerk �'�unuuutntn\\\����` <br /> CADocuments and Settings\AdministratoAt-ocal Settings\Temp\mou for chccs cb version with geg chgs clean.doc 6 <br />