Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 9 - RULES FOR SNOWMOBILE CAPITAL EQUIPMENT GRANT IN AID PROGRAM › Section 670-9-3 - TERMS AND CONDITIONS OF APPLICATION/AGREEMENT

Current through 2024-29, July 17, 2024
1. By applying for the Capital Equipment
				Grant, the applicant agrees to the following conditions:
A. The applicant and any associated officer
				or elected official ensure, and will continue to ensure, that the equipment
				purchased is maintained in a safe condition, in good repair, stored at a
				protected site and used for the sole purpose of winter grooming of snowmobile
				trails that are open to the general public at no cost.
B. Landowners and tenants who give permission
				to use the land have been notified the trails must be open at no cost to the
				general public for snowmobile use.
C. The Bureau has the sole discretion to
				determine if expenditures are reasonable and prudent, and whether the grantee
				has complied with the terms of the agreement and all applicable laws, rules and
				regulations.
D. The State shall
				have no responsibility for the use, maintenance, or fitness of the equipment.
				The applicant agrees not to assign, transfer, lease or encumber its rights or
				obligations under the agreement, without the Bureau's prior written consent.
				The applicant shall indemnify, defend, save and hold the State and its
				employees harmless from and against any claims, losses, liabilities, costs,
				expenses, damages or other obligations of any nature in any way arising out of
				the use, operation, maintenance, or repair of equipment.
E. The State may inspect any facilities or
				equipment used in connection with the agreement at any time.
F. Grantee must retain ownership and use the
				equipment for trail maintenance for periods covering six years for equipment
				valued at $100,000 or more and four years for equipment valued under $100,000
				from the date on the purchase receipt. The grantee must notify the Bureau in
				writing within 30 days of any sale, trade, destruction or abandonment of
				equipment purchased under the grant program.
G. If a grantee ceases to participate in one
				of the Bureau's Snowmobile Club or Municipal Trail Grant Programs, or the
				grantee's organization disbands without forming, or being absorbed into another
				participating organization, or the equipment is sold, traded, abandoned or
				destroyed, the grantee must reimburse the Bureau twenty-five percent of the
				grant for each year, or portion of a year, remaining in the grant period for
				equipment valued under $100,000 and seventeen percent per year for equipment
				valued at $100,000 or more. If the grantee otherwise violates the terms of the
				grant agreement, these rules or other applicable laws, the grantee shall repay
				the Bureau upon its demand the entire amount granted together with interest
				thereon at 6% per annum. No new grants will be issued until the grantee repays
				the grant amount as required by this paragraph.
H. If a piece of equipment is replaced within
				the grant period, the new replacement is not eligible for a grant. However,
				reimbursement provisions under section G applies to the replacement equipment
				until the original four or six year grant period expires.
I. All Grant recipients will purchase and
				maintain insurance to cover the value of the equipment from loss by fire during
				the grant period.