Sec. 34.04.01.09. Grant Terms and Conditions

A. Matching Requirements.

(1) Grants to local jurisdictions, business entities, and individuals require a match in an amount at least equal to the grant. The match shall consist of either cash or an equivalent dollar value of an in-kind contribution to the project which is acceptable to the Trust.

(2) In its discretion the Trust may require a match in the case of grants to nonprofit organizations. The matching requirement, if any, shall be specified in the appropriate public announcement of funds referred to in Regulation .06A(2) of this chapter and the contents of the match shall conform with the requirements in §A(1) of this regulation.

(3) The matching requirement in §A(1) and (2) of this regulation may be modified or waived by the Secretary if the Secretary has issued a written determination that the matching requirement is impracticable or infeasible under the circumstances.

B. Grant Disbursement. Disbursement will be made as the project progresses based upon requests for disbursement submitted by the grantee in a form satisfactory to the Trust.

C. Expenditure Rate. The Trust may:

(1) Cancel the grant and withhold any funds not yet disbursed if the grantee has not expended all grant funds within 24 months of the effective date of the grant documents, and the grant documents may prescribe a shorter period of time if the circumstances of the project warrant it;

(2) Extend the time limit if the grantee demonstrates that the circumstances warrant extension, such as an inability to satisfy the time limit because of circumstances beyond the grantee's control.

D. Requirements for Site-Specific Projects. Except for education and promotion grants under Regulation .05B(1) of this chapter, grants shall have the following additional requirements:

(1) Deeds of Easement and Preservation Agreements.

(a) If the historic property assisted by the grant is real property, 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 political subdivision 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 by the Trust for any reason.

(c) If the historic property assisted by the grant is other than real property, the grantee and the owner of the historic property, if the owner is not the grantee, shall enter into an agreement with the Trust to preserve and maintain the historic property in such manner and duration as is acceptable to the Trust.

(d) The preservation agreement or deed of easement requirements set forth in §D(1)(a) and (c) of this regulation may be modified or waived by the Secretary if the Secretary determines that such an agreement or easement is impracticable 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 Certificate.The Trust, in its discretion, may require the grantee to provide an attorney's certificate of title, acceptable to the Trust, certifying title to the real property on which the improvements are located. The certificate of title may contain only standard exceptions and encumbrances approved by the Trust.

(3) Insurance.The grantee shall cause the assisted historic property to be insured against loss or damage by fire and other hazards, casualties, and contingencies as may be required from time to time by the Trust in amounts satisfactory to the Trust.

(4) Rehabilitation and Restoration Projects.

(a) The plans and specifications for rehabilitation and restoration projects and, if applicable, predevelopment cost projects under Regulation .05B(2) of this chapter shall be subject to review and approval by the Trust.

(b) Projects shall conform to standards for acquisition, rehabilitation, and restoration established by the Trust as well as any other applicable standards and requirements established by the Trust.

(c) The Trust shall inspect ongoing rehabilitation and restoration projects during construction to ensure the grantee's conformance with the standards established by the Trust.

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