Resident Curatorship Program
Draft Terms of Lease Agreement with Curator

The following draft terms are only some of the major terms of the lease agreement and donation of restoration agreement.

A. Scope of Agreement

1. The Curator proposes and agrees to complete the restoration, rehabilitation and renovation work as set out in the Schedule of Restoration Work and Estimated Costs (the” Schedule”), attached and incorporated as Exhibit G, and to finish the project within five (5) to seven (7) years of the commencement of this Agreement.

2. Upon completion of the work listed in Exhibit G, the Curator shall continue to restore, rehabilitate, repair, and maintain the Premises, including the curatorship structures and the curatorship grounds, as necessary on a continuous basis during the term of the Curatorship Agreement. These services will be provided without charge and will be performed continuously while the Curatorship is in effect.

3. Because final restoration, rehabilitation and renovation costs are subject to change, the Curator cannot state precisely the amount of their gift to the State, but agree that in no event shall their contribution be less than $150,00 (one hundred fifty thousand) or the amount which may have been expended in the restoration, rehabilitation and renovation at the time of the death of the survivor of them. In calculating this amount the Curator has included estimates of their expenditures for goods, services and an estimate of the value of their labor, if any, on the project.

4. Subject to DNR’s rights to operate and control the Park and the Premises, the Curator shall open the Premises to the public three to five days each year, as arranged in cooperation with DNR once the restoration, rehabilitation and renovation have been completed.

5. The Curator understands that the State has not made any assertions or representations as to the tax treatment (including property tax) which their work will receive from the federal, state or local authorities. It is the Curator’s intent that the gift be effective and complete regardless of the tax consequences, and that the tax liability, if any, arising from any part of this Curatorship shall be solely the Curator’s responsibility.

6. Tenant shall pay promptly when due, all taxes assessed in connection with Tenant's use and occupancy of the Premises, including but not limited to, federal and state income taxes, retail sales taxes, employment taxes, and Real Property taxes assessed against the Premises pursuant to Section 6-102 of the Tax Property Article of the Annotated Code of Maryland (1988 volume, as amended from time to time).

7. Tenant shall occupy and use the Premises for and only for the restoration, rehabilitation, renovation, maintenance and use of the Premises and, in particular, the Structures, as a single family residence: (i) following and in compliance with The Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (as may be amended from time to time by the Secretary of the Interior) and summarized in Exhibit F as interpreted by Landlord and (ii) under the terms and conditions of the Lease.

8. Landlord and its agents shall be entitled to enter the Premises at all reasonable times (a) to inspect the Premises, (b) to make any alteration, improvement or repair to the Premises or, (c) for any other purpose relating to the operation or maintenance of the Premises, and (d) for fulfilling any other duties or obligations which Landlord has as an agency of the State of Maryland.

9. Tenant's use and occupancy of the Premises shall be in compliance with the requirements of all applicable Federal, State and local laws, ordinances, rules and regulations, including all applicable regulations and policies promulgated by the State of Maryland, Department of Natural Resources. Tenant shall be responsible for obtaining all permits, licenses, inspections and approvals required for its use and occupancy of the Premises, and shall deliver to Landlord copies of all necessary permits, licenses, inspections and approvals prior to taking any action requiring such permits, licenses, inspections and approvals. Tenant shall be responsible for and assume all liability in connection with any public hearings conducted in connection with the issuance of any permit, license or other governmental approval.

B. Insurance

1. Tenant shall maintain at its expense, throughout the Term, (a) insurance against loss or liability in connection with bodily injury, death, property damage or destruction, occurring within the Premises or arising out of the use thereof by Tenant or its agents, employees, officers, subtenants, invitees, visitors and guests, under one or more policies of Commercial General Liability insurance having such limits as to each as are reasonably required by Landlord from time to time, but in any event of not less than a minimum coverage of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) annual aggregate, and shall contain broad form CGL Endorsement or its equivalent and (b) workers compensation insurance as may be required by applicable law. Tenant may also maintain, at its own expense throughout the Term, all risk or fire and extended coverage insurance covering all improvements to the Premises, including fixtures, equipment and personal property at full replacement value and, coverage for relocation expenses in the event of a fire or other casualty which renders the Premises uninhabitable. Each such policy shall (a) name as insured there under the State of Maryland and the Department of Natural Resources and Tenant, (b) by its terms be considered primary and non-contributory with respect to any other insurance (if any) carried by Landlord or its successors and assigns, (c) by its terms, provide Landlord with thirty (30) days prior written notice before cancellation, non-renewal, or material change to a policy, and (d) be issued by an insurer of recognized responsibility licensed to issue such policy in Maryland. Tenant shall obtain from its insurer and deliver to Landlord an endorsement to Tenant's policy to evidence that Landlord is named as an additional insured and will be given thirty (30) days notice prior to cancellation, non-renewal, or material change to the policy.

2. In case of any damage to or destruction of the Premises or any part thereof, Tenant, at its sole cost and expense, shall promptly commence and complete the restoration, replacement or rebuilding of the Premises as nearly as possible to its value, condition and character immediately prior to the damage or destruction. Provided, however, that if seventy-five (75%) percent or more of the Premises is destroyed, Tenant shall have the option to terminate this Lease. If Tenant elects to terminate this Lease as provided in this Section, Tenant shall pay to Landlord all proceeds from insurance collected on account of such casualty. Notwithstanding any provision to the contrary herein contained, as long as Tenant maintains insurance as required by Section 4 of this Lease, Tenant’s obligation to repair or restore the Premises shall be limited to the amount of such insurance proceeds received for such repair and restoration.

C. Improvements

1. Curator shall not make any alteration, addition, or improvement to the Premises or grounds, nor raze any improvement, without first obtaining Landlord's written consent.

2. When Tenant desires to make alterations, improvements or additions to the Premises which entail a change in land use or cause a disturbance to the existing conditions of the land (e.g., new construction, grading, excavation, clearing or planting of trees, planting of non-invasive vegetation, etc.), Tenant shall submit a detailed written request for approval to the Manager of the Resident Curatorship Program at the notice address set forth in Section 12, with a copy to the Area Manager. A request which involves disturbance to the existing conditions of the land shall require: (i) an internal environmental review by appropriate units of the Department of Natural Resources before Landlord approval can be given; and (ii) the approval of the Office of Archaeology, Maryland Historical Trust, (“Office”), provided that any such requirements of the Office are sent by the Office within twenty one (21) calendar days from the date the Office first receives a written request from the Curators. In instances when environmental review is required, Landlord will use reasonable effort to communicate its decision to Tenant within sixty (60) days of receipt of a complete proposal. In the event the request involves a change in land use Landlord will need to obtain Clearinghouse Approval which requires input from other State agencies and is coordinated by the Maryland Office of Planning. Any change in use would also require Board of Public Works approval.  Landlord will be diligent in receiving approval from the Clearinghouse Review and the Board of Public Works. These approvals could take six months to a year.

3. Tenant shall pay all charges for electricity, gas, heat, water, septic, sanitary sewer, and telephone or other communication services used, and other services rendered or supplied, upon or in connection with the Premises and all other charges and expenses assessed against the Premises, and shall indemnify and hold harmless Landlord against and from any liability therefore.

D. Termination and Transferability

1. Except as otherwise provided in this Agreement, this Curatorship Agreement shall continue in effect throughout the lives of the Curator named herein, including the life of the one surviving on the death of the other. In no event shall this Curatorship Agreement continue beyond the date of the death of the surviving Curator. The Curator may terminate this Curatorship Agreement after providing sixty (60) days notice to the Manager, and DNR may terminate this Curatorship Agreement after providing sixty (60) days notice to the Curator. However, if a license, lease, or other document is in effect, the terms of such a document shall govern the rights of the parties with respect to default and early termination.

2. All permanent improvements, alterations, and appliances shall remain the property of the State of Maryland, Department of Natural Resources, upon termination of the Curatorship Agreement. The Curator shall be responsible for the curatorship structures being in the best condition, to which they had restored them, at such time as this Curatorship Agreement terminates, normal wear and tear excepted.

3. If the curator fails to comply with any and/or all of the terms and conditions, or fails to correct a defect or default after receiving notice, the Department may terminate the Agreement upon sixty (60) days notice. Failure of the Department to put the Curator on notice does not act as a wavier by the Department to do so.

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