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<br /> <br />construction and Transit <br />The terms and conditions of the Transit Agreement are specifically made conditions <br />of this Agreement. In 'the event the City fails to enforce the terms of the Transit <br />Agreement, subject to the exceptions for unavoidable delay in Section 6.9 (a) of the <br />Transit Hub Agreement, RTB shall, addition to any other remedies available, be <br />entitled to reimbursement of its Grant contributions in the manner provided in Section 3.5 <br />of the Transit Hub Agreement. <br /> <br />1.3) Ownership - Notwithstanding the contribution by the RTB to the City, the <br />Transit Hub Improvements shall not be construed as the property of the RT'B. Therefore, <br />nothing contained in this Agreement is intended to indicate or create ownership of the <br />'Transit Hub Improvements by or in the RTB or City. <br /> <br />1.4) Destruction - The City agrees that it shall contract, with Equitable for the <br />maintenance and protection of the capital improvements made with funds provided <br />pursuant to this Agreement and shall require casualty insurance covering the amortized <br />value of these improvements. Should these capital improvements be damaged or <br />destroyed and not rebuilt or repaired, the City agrees that it shall reimburse the R TB to <br />the extent of any insurance proceeds received by the City from insurance coverage on the <br />Transit Hub Improvements. <br /> <br />1.5) Reimbursement - In the event Equitable does not make the Transit Hub <br />Improvements available for use by regional transit providers under contract to or funded <br />by the RTB for a period of twenty (20) years, the City shall reimburse RTB an amount <br />detennined pursuant to Section 3.5 of the Transit Hub Agreement. <br /> <br />ARTICLE 2. <br /> <br />DISBURSEMENT OF GRANT FUNDS <br /> <br />2.1} Approval of plans - No disbursement of funds from the Grant shall be paid <br />prior to approval by the City and the RTB of final plans for the Transit Hub <br />improvements. <br /> <br />2.2) Disbursement of the Grant - After the sale of bonds, the Grant shall be paid to <br />the City in increments as construction of portions of the Transit Hub Improvements is <br />certified as complete by the project architect. The City may make a monthly draw on the <br />grant as needed to pay contractors invoices. <br /> <br />ARTICLE 3 <br />