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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 Ue required ender the following <br />ciroumstances: <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 Ue issued <br />,just as if YUe development were being constructed initially. <br />Section 9. The parties aclmowledge that this Memorandum of Understanding is not intended <br />to and does not create legally Uinding oUligations on any of the pazties to act in <br />accordance with its provisions. Rather, it constihrtes a good faith statement of the <br />intent of the parties to cooperate in a manner designed to meet tUe mutual <br />oU,jective 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 Uy this MOU and may consider <br />repealing the Ordinance referenced in Section 2 of this MOU. If the Chapel Hill <br />Town Council Ends Oruige 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 />Uound 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\apprMOUchccs0623~3 doc ~ <br />