Md. Code Regs. 34.04.09.08

Current through Register Vol. 51, No. 25, December 13, 2024

Section 34.04.09.08 - Grant Terms and Conditions

A. Grant Amount. A grant may not exceed $500,000.

B. Grant Disbursement. Disbursement will be made as the project progresses based upon requests for disbursement submitted by the grantee in accordance with the terms of the grant documents and in a form satisfactory to the Trust.

C. Additional Grant Requirements.

(1) Deeds of Easement and Preservation Agreements.

(a) If a grant is for a project on real property that is individually listed in, or individually eligible for listing in, the Maryland Register of Historic Properties, the grantee and the owner of the real property, if the owner is not the grantee, shall convey to the Trust a deed of easement containing preservation covenants applicable to the real property, in form, substance, and duration satisfactory to the Trust, which shall be recorded in the land records of the local jurisdiction in which the real property is situated.

(b) A deed of easement conveyed pursuant to §D(1)(a) of the regulation may contain conditional lien provisions and other provisions which require reimbursement of the grant if the encumbrance of the deed of easement is extinguished by the foreclosure of a prior lien or otherwise or if the deed of easement is determined not to be legally enforceable for any reason.

(c) If a grant is for a project affecting property that is individually listed in, or individually eligible for listing in, the Maryland Register of Historic Properties, and is other than real property, the grantee and the owner of the property, if the owner is not the grantee, shall enter into an agreement with the Trust to preserve and maintain the property in such manner and duration as is acceptable to the Trust.

(d) The preservation agreement or deed of easement requirements of §D(1)(a) and (c) of this regulation may be modified or waived by the Director if the Director determines that such an agreement or easement is impracticable, infeasible, or not necessary under the circumstances.

(e) The requirement in §D(1)(a) of this regulation that a deed of easement be conveyed by a property owner if the owner is not the grantee may be modified or waived by the Director, as necessary, if the subject property is long-term leasehold property.

(2) Title to Real Property. The Trust, in its discretion, may require a grantee to provide evidence of title, acceptable to the Trust, that certifies title to the real property on which the grantee will undertake the project for which the grant is awarded. The certificate of title may contain only standard exceptions and encumbrances approved by the Trust.

(3) Insurance. A grantee shall insure the property where the project is located against loss or damage by fire and other hazards, casualties, and contingencies as may be required by the Trust in amounts satisfactory to the Trust.

(4) Review of Plans and Specifications. If a grant is for a project on historic property:

(a) The plans and specifications for the project shall be subject to the review and approval of the Trust;

(b) All aspects of the project shall conform to the acquisition, protection, stabilization, preservation, rehabilitation, restoration, reconstruction, and other applicable standards established or applied by the Trust, including, but not limited to, the Secretary of the Interior's Standards for Treatment of Historic Properties; and

(c) The grantee shall permit the Trust to inspect ongoing construction and to ensure that the grantee is undertaking the project in conformance with all applicable standards and requirements.

D. Other Requirements. The Commission and the Trust may establish in grant documents other terms and conditions of a grant as considered reasonable and necessary by the Commission and the Trust.

Md. Code Regs. 34.04.09.08

Regulation .08D amended effective May 14, 2012 (39:9 Md. R. 612); adopted effective 43:3 Md. R. 274, eff.2/15/2016; amended effective 46:6 Md. R. 347, eff. 3/25/2019; amended effective 48:25 Md. R.1071-1098, eff. 12/13/2021; amended effective 51:11 Md. R. 580, eff. 6/10/2024.