§ 12-1. Agreement with City ratified.
The Mayor and City Council of Baltimore does hereby approve, ratify, and confirm said Agreement dated April 29, 1931, entered into by and between the Mayor and City Council of Baltimore and the Trustees of the Municipal Museum of the City of Baltimore, Incorporated, which said Agreement is as follows:
This Lease and Agreement, made this 29th day of April, 1931, by and between the Mayor and City Council of Baltimore, party of the first part, and the Trustees of the Municipal Museum of the City of Baltimore, Incorporated, a corporation of the State of Maryland, party of the second part.
Whereas, the building formerly known as the Peale Museum and afterward used as the City Hall of the City of Baltimore, in the State of Maryland, has been renovated, remodelled and restored to its original style and appearance by the Mayor and City Council of Baltimore with the idea of preserving, collecting, and housing therein pictures, objects of art, and other articles reminiscent of official and industrial life and history of the City of Baltimore of interest to the public generally; and
Whereas, it is believed that the most advantageous results in collecting and caring for and preserving such pictures, objects, and articles, and in exhibiting the same in said Museum, in superintending the maintenance of such a collection in the building in which they are to be kept and established, can best be obtained by entrusting that function to some organization now existing or created for such purpose; and
Whereas, The Trustees of the Municipal Museum of the City of Baltimore, Incorporated, party of the second part, has been incorporated by persons interested in such matters and civic affairs generally, for the purpose of:
(a) Acquiring by gift, bequest, purchase, or otherwise, objects of interest to the inhabitants of the City of Baltimore, particularly such objects as may be of historical or artistic significance in the life of the City.
(b) Holding exhibitions and furnishing information to the public by means of lectures, or otherwise, in regard to the foregoing and in regard to any subject of general municipal interest.
(c) And particularly of establishing and maintaining in the City of Baltimore a municipal museum association, which establishment and maintenance is intended or designed especially for the collecting, housing, and caring for exhibits of the character and kind for which purpose the Mayor and City Council of Baltimore, had, as hereinbefore stated, renovated, remodelled, and restored the aforesaid Peale Museum.
Now, therefore, this lease and agreement witnesseth:
First: That the party of the first part has granted, 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 Peale Museum hereinbefore referred to or mentioned, situate on the east side of Holliday Street, north of Lexington Street, and opposite the Municipal Office Building of Baltimore City. 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 conducted as a non-commercial project, and provided further that the Mayor, the President of the City Council, and the City Comptroller of Baltimore City are elected Trustees of the party of the second part within thirty (30) days after the ratification of this Lease and Agreement by the City Council of Baltimore.
Secondly: That neither party hereto shall be liable or responsible to the other for injury or damage to said building by fire or casualty, nor shall either the Mayor and City Council of Baltimore nor the Trustees of the Municipal Museum of Baltimore, Incorporated, be in any event responsible to the other for any loss, injury or damage of any kind to the contents of said building belonging to or in the custody of the other party hereto, but each party shall have the right to insure its own interest in said building or contents 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 exhibition halls of said buildings shall be kept open and accessible to the public on such days, during such hours and under such rules and regulations as the party of the second part shall from time to time prescribe; and all professors and teachers of the public schools of the City of Baltimore shall be admitted to all the advantages afforded by the said party of the second part, through the building, library, apparatus, and collections of either of the parties hereto, for study, research, and investigation, free of any charge therefor.
Fifthly: That the library, apparatus and collections, and all other property which shall or may be placed in said building by either of the parties hereto shall continue to be and remain absolutely the individual property of the respective owners thereof, and neither of the parties hereto shall have any right, title, property, or interest in any property placed by either of them in said museum; 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 is 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 and City Council of Baltimore, of its intention so to do, quit and surrender the said premises, and remove all of 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 one year 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 peaceably 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.
Tenthly: That the Baltimore City Life Museums, Incorporated, is the successor in interest to the Trustees of the Municipal Museum of the City of Baltimore, Incorporated. That any fees charged for admission to the Peale Museum or other City museums operated by the Baltimore City Life Museums, Incorporated, shall be retained by the Baltimore City Life Museums, Incorporated for its operating expenditures. That the Baltimore City Life Museums, Incorporated, shall get approval from the Board of Estimates for any fees charged or any change in fees.
In witness whereof, the party hereto of the first part has caused this Agreement to be signed by the Mayor and its corporate seal to be hereunto affixed, duly attested by its City Register, and the party of the second part has caused this Agreement to be executed by its President and Secretary, and its corporate seal to be hereunto affixed, duly attested by its Secretary.
Attest: | Mayor and City Council of Baltimore, | |||
August M. Denhard, | By William F. Broening, Mayor | |||
City Register. | ||||
Attest: | The Trustees of Municipal Museum of the | |||
John H. Scarff, | City of Baltimore, Incorporated, | |||
Secretary. | By Chester Wm. Snyder, President. | |||
Attest: | ||||
Wm. F. Broening, | ||||
R. Walter Graham, | ||||
Augustus M. Denhard, | ||||
Commissioners of Finance. | ||||
Approved as to form and legal sufficiency: | ||||
A. Walter Kraus, City Solicitor. |