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5 <br />2. The funding allocation recited in Paragraph 2 <br />constitutes the BOARD OF COMMISSIONERS' approval. of the amount <br />to be spent for the site as required by N.C. Gen. Stat. § 115C- <br />426(f); <br />3. Under Paragraph 5, the BOARD OF EDUCATION waives and <br />relinquishes its rights to legal recourse only as these rights <br />may pertain to the $27,800,000 appropriation for the initial <br />phase of high school #3; <br />4. The BOARD OF COMMISSIONERS agree to propose to the <br />BOARD OF EDUCATION a list of objective smart-growth targets (see <br />Addendum "B") for the initial phase of high school #3 that will <br />allow construction to begin in a timely manner; and <br />5. If the BOARD OF EDUCATION'S plans for the initial <br />phase of high school #3 meet said smart-growth targets, the <br />BOARD OF COMMISSIONERS agrees to approve, by capital project <br />ordinance, an additional appropriation to the capital expense <br />fund of the BOARD OF EDUCATION of $2,200,000 more than <br />$27,800,000 for high school #3. This appropriation shall be <br />derived from newly-identified funding sources rather than funds <br />already dedicated to BOARD OF EDUCATION projects, and shall not <br />require debt service by the BOARD OF EDUCATION. <br />IN WITNESS WHEREOF the BOARD OF EDUCATION and the BOARD OF <br />COMMISSIONERS have caused their duly authorized officials to <br />execute this agreement the day and year first above written, <br />2 <br />