<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 05.15.01.08" title_num="05" subtitle_num="15" chapter_num="01" heading="Terms and Conditions of Financial Assistance.">
  <paragraph num="A.">
    <text>The local jurisdiction in which a project is located shall make a material and substantial contribution to the project which may take the form of:</text>
    <paragraph num="(1)">
      <text>Cash;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A site for a project;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Provision of or improvements to on-site project-related facilities;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Provision of or improvements to off-site facilities such as related streets, utilities, or other public improvements;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Payment of predevelopment costs such as market studies, preliminary architectural or site plans, engineering studies, or feasibility studies; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A tax abatement or waiver of taxes or fees imposed by a local jurisdiction.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Department will determine on a case-by-case basis what constitutes a material and substantial contribution by a particular local jurisdiction and what form the contribution may take.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Security. The security or collateral to assure repayment of financial assistance shall be acceptable to the Department and may be:</text>
    <paragraph num="(1)">
      <text>A mortgage lien;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A cash escrow;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A letter of credit;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A pledge of depository accounts;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A pledge of accounts receivable;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>An assignment of income;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A pledge of syndication proceeds; or</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Any other form of security or collateral acceptable to the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Repayment. The principal and interest of a loan made or guaranteed under the Program shall:</text>
    <paragraph num="(1)">
      <text>Be repayable out of revenues specified by a sponsor;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Bear interest at a rate determined to be necessary and reasonable for the project which in exceptional circumstances and at the discretion of the Secretary may be as low as zero percent; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Be repayable in accordance with a schedule determined by the Department and may, at the discretion of the Secretary, be on a deferred payment schedule.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Default. In the event of default, the Department shall have the right to modify the rate of interest, the time or amount of payment, or any other term of financial assistance in order to ensure repayment and achieve the purposes of the Program.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Insurance.</text>
    <paragraph num="(1)">
      <text>Multi-Peril Insurance. The sponsor shall maintain fire and extended coverage insurance on the project both during and after construction or rehabilitation. The insurance coverage shall include such endorsements as the Department may require, including:</text>
      <paragraph num="(a)">
        <text>Collapse;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Explosion;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Loss of rents; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Vandalism.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Liability Insurance. Comprehensive general liability insurance shall be maintained with such endorsements as the Department may require, both during and after construction or rehabilitation of a project.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Flood Insurance. If the project is located on real property which is in the 100-year flood plain, as designated by the United States Department of Housing and Urban Development, the project shall be covered by a flood plain insurance policy. Before closing of financial assistance for a project, permits shall be secured from the Maryland Department of Natural Resources and the political subdivision in which the project is located.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Contractor's Insurance. If a project involves construction or rehabilitation of a building or improvements of any kind, the general contractor shall provide insurance coverage for comprehensive public liability, property damage, and workers' compensation in form and amounts required by the Department.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Other Insurance. The sponsor shall provide at closing of the financial assistance such other insurance as the Department may require, including builder's risk, boiler insurance, comprehensive automobile liability, and broad form workers' compensation.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Terms and Conditions. Insurance coverage shall meet the following minimum requirements plus any additional requirements which may be set by the Department:</text>
      <paragraph num="(a)">
        <text>Be provided by:</text>
        <paragraph num="(i)">
          <text>Companies or other legal entities which are authorized to transact business in the State and which are reputable and financially sound, as determined by the Department, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>With respect to local jurisdictions, self-insurance programs acceptable to the Department;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>To the extent applicable, be in force upon the closing of the financial assistance;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>To the extent applicable, contain a standard mortgagee endorsement attached to or printed in the policy naming the Department as mortgagee;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>To the extent required by the Department, name the Department as loss payee and additional insured;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Provide for notification to the Department before termination; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Contain terms and coverage satisfactory to the Department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>Projects seeking financial assistance for minor rehabilitation may not be required to maintain multi-peril insurance, liability insurance, or flood insurance unless the Department, in its discretion, feels that the insurance is necessary.</text>
    </paragraph>
  </paragraph>
</regulation>