§ 11-1. Agreement with City ratified.

The said Mayor and City Council of Baltimore does hereby approve, ratify, and confirm said Agreement dated October 7, 1930, entered into by and between the Mayor and City Council of Baltimore and The Baltimore Museum of Art, Incorporated, which said Agreement is as follows.

This lease and agreement made this seventh day of October, in the year 1930, by and between the Mayor and City Council of Baltimore, party of the first part, and The Baltimore Museum of Art, Incorporated, a corporation of the State of Maryland, party of the second part.

Whereas, the Mayor and City Council of Baltimore by Ordinance No. 402, approved May 21, 1925, provided for the construction of an art institute or museum for the housing, care and exhibition of works of art, and the study thereof, and to this end for the creation of an Art Museum Building Commission having general advisory and supervisory powers over the selection of a suitable site and the formulation of the necessary designs and plans; and

Whereas, said Ordinance further provided that

"In the event that the members of the Art Museum Building Commission become the Board of Directors or Trustees of any existing body corporate with charter powers enabling such corporation to acquire and exhibit objects of art, then plans shall be formulated by the proper City officials to lease the building provided for herein to such corporation at a nominal rental, provided that the Board of Directors or Trustees of such corporation shall always include the Mayor, the President of the City Council, and the City Comptroller; and provided further that the terms under which such lease is made shall, before it takes effect, be approved by an ordinance of the Mayor and City Council."

Whereas, the said building has been completed, and the corporation contemplated as the lessee thereof by the above provision of said Ordinance was The Baltimore Museum of Art, Incorporated, the party of the second part hereto; and

Whereas, the members of the Art Museum Building Commission, including the Mayor, the President of the City Council and the City Comptroller, have been elected directors and trustees of said The Baltimore Museum of Art, Incorporated, and this lease is a plan formulated pursuant to said Ordinance.

Now, Therefore, this Lease Witnesseth:

First: That the party of the first part has granted and demised and let and does by these presents grant, demise and let unto the party of the second part, its successors and assigns, the said Art Museum Building referred to in the aforesaid Ordinance, situate on or near the west side of North Charles Street in Wyman Park. To have and to hold, until terminated as by this Agreement hereinafter provided, the said building for so long a time as the said party hereto of the second part, its successors and assigns, shall continue to carry out the objects and purposes defined in its charter, as now or hereafter in force, provided such objects and purposes are in accord with the objects and purposes as set out in said Ordinance No. 402, approved May 21,1925.

Secondly: That neither party hereto shall be responsible or liable to the other for injury or damage to said building by fire or casualty, nor shall the Mayor and City Council of Baltimore be in any event responsible to the party of the second part for any loss, injury or damage of any kind to the contents of said building belonging to said party of the second part, but each party shall have the right to insure its own interest in said building or contents and at its own cost.

Thirdly: That the said party of the second part shall have and enjoy the exclusive use of the whole of said building, subject to the provisions herein contained and the rules and regulations herein prescribed, during the continuance of the term hereby granted, or until the termination thereof, as herein provided.

Fourthly: That the Museum shall have the right to charge a fee for admission to the Museum and to special exhibits and programs in the Museum, and the exhibition halls of the Museum shall be kept open and accessible to the public, and the Museum shall have the right to prescribe rules and regulations for the management, operation and use of the Museum. A copy of such rules and regulations shall be filed with the Department of Legislative Reference.

Fifthly: That the library, apparatus and collections, and all other property of the said party of the second part which shall or may be placed in said building, shall continue to be and remain absolutely the property of said party of the second part; and the said party of the first part shall not, by reason of said property being placed in said building, or continuing therein, have any right, title, property or interest therein; nor shall the said party of the second part, by reason of its occupation and use of said building under this agreement, acquire, or be deemed to have any right, title, property or interest in said building, except so far as expressly granted by this agreement.

Sixthly: That the said party of the second part shall, on or before the first day of May in every year during the continuance of this agreement, submit to the said party of the first part, its successor or successors, a detailed printed report of the operations and transactions of the said party of the second part, and all its receipts and payments, for the year ending with the thirty-first day of December next preceding.

Seventhly: That the said party of the first part shall have, at all times, access to every part of said building for general visitation and supervision, and also for the purpose of the performance of the duties devolved upon it by the laws of the State of Maryland, or ordinances of the City of Baltimore. That the police powers and supervision of said party of the first part shall extend in, through and about said building. That the said party of the second part may appoint, direct, control and remove all persons employed within said building, and in and about the care of said building, and the library, apparatus and collections therein contained.

Eighthly: That the said party of the second part may, at any time after the expiration of three, and before the expiration of nine months from the date of the service of a notice in writing on said party of the first part, its successor or successors, or on the Mayor of the City of Baltimore, of its intention so to do, quit and surrender the said premises, and remove all its property therefrom; and the party hereto of the first part may serve a notice in writing upon the party hereto of the second part terminating this agreement and to vacate the premises, within nine months from the date of such notice; and upon and after such notice served by either of the parties hereto upon the other, the said party of the second part shall quietly and peacefully yield up and surrender unto the said party of the first part, or its successors and assigns, all and singular the aforesaid demised premises, and remove all its property therefrom.

Ninthly: And it is further expressly understood and agreed by and between the parties hereto, that this Agreement may be wholly cancelled and annulled, or from time to time altered or modified, as may be agreed in writing between the said parties or their successors, anything herein contained to the contrary in anywise notwithstanding.

In witness whereof, the party hereto of the second part has caused this Agreement to be executed by its President and Secretary, and its corporate seal duly attested by its Secretary, to be hereunto affixed, and the party of the first part has caused these presents to be signed by the Mayor, and its corporate seal duly attested by its City Register to be hereunto affixed.