At the heart of the Renovation and Caretaker Lease Agreement between Montgomery County, Maryland, and Robert B. Harney is a mutual commitment to preserve and renovate valuable historical structures located on Chiswell Farm in Dickerson, Maryland. This property, encompassing around 20 acres with several structures of historical significance, represents an essential piece of the region's heritage, which the county aims to save from disrepair and neglect. By entering into this agreement on October 2003, both parties have set forth terms that detail the responsibilities of the caretaker, Robert B. Harney, who is tasked with the property's substantial renovation and maintenance without demanding compensation from the county. The agreement underscores the value of preserving such historical sites for future generations, ensuring they are renovated and maintained in a manner that honors their historical significance while making them an asset for the community. With provisions that address everything from the use of the property to the specific terms under which the agreement may be terminated, this document serves as a model for understanding how private individuals and public entities can collaborate to achieve common goals that benefit the broader community.
| Question | Answer |
|---|---|
| Form Name | Contract For Property Caretaker Form |
| Form Length | 30 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 7 min 30 sec |
| Other names | caretaker lease agreement, caretaker agreement, standard property caretaker agreement, caretaker tenancy agreement |
RENOVATION AND CARETAKER LEASE AGREEMENT
BETWEEN
MONTGOMERY COUNTY, MARYLAND
AND
ROBERT B. HARNEY
THIS RENOVAnON AND CARETAKER LEASE AGREEMENT ("Agreement") is made this __ day of Octo'be (: ,2003, by and between MONTGOMERY COUNTY,
MARYLAND, a body corporate and politic, hereinafter referred to as the County, and ROBERT
B. HARNEY located at 12.\ ｾ BeQto ,'") |
and referred to as the "Caretaker". |
WITNESSETH: |
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WHEREAS, the County is the owner of certain property known as the Chiswell Farm, comprising approximately 20 acres ofland and several structures located at 20130 ,Wasche Road, Dickerson, Montgomery County, Maryland, (as more particularly shown on Exhibit A attached hereto and referred to as the "Property") which Property was purchased by the County in connection with the Site 2 landfill, and
WHEREAS, pursuant to Section 3.3.1.6 of the Montgomery County Comprehensive Solid Waste Management Plan for the Years
WHEREAS, the Property is improved with select historic structures that the County desires to have preserved. Structures on (and included in) the Property include a house constructed in the late 1700s (the "House"), a bam, com crib, bank bam and other structures, some of which have been designated as having historic significance, and all of which are in need of substantial renovation and repair, and
WHEREAS, the County wants to save the Property from further destruction and disrepair by entering into an agreement for repair, renovation, maintenance and upkeep that will in the short run secure and weather proof the structures, and in the long run, repair and restore and aesthetically improve the Property into a site that will 1) restore the House and make agricultural use of the Property; and 2) offer educational opportunities to the community to appreciate the historic and agricultural resources on the Property.
WHEREAS, the County desires to have the Property repaired, renovated, maintained and cared for in a manner that is consistent with and protective ofthose portions of the Property that
are of historic significance and in a manner that is consistent with the surrounding agricultural and residential uses, and
WHEREAS, pursuant to Executive Regulation
WHEREAS, pursuant to said Executive Order the County issued a public request for proposals from individuals and organizations willing to accept the Property on an as is basis, and to undertake the needed renovations and repairs, with private funds and financial assistance from the County, and
WHEREAS, as a result of said public request, a number of proposals were received by the County, and were evaluated by a Selection Committee composed of representatives from the County's Department of Public Works and Transportation, the Facilities Implementation Group, and the Sugarloaf Citizens Association, and
WHEREAS, Paul Harney and Robert Harney submitted the proposal attached hereto and incorporated herein as Exhibit B (the "Proposal"), which proposal was selected by the Committee for the repair, renovation, maintenance and caretaking ofthe Property and in exchange therefore the County agrees to enter into this Agreement, subject to certain terms and conditions as hereinafter set forth (n.b., to the extent that there is any conflict between the Proposal and this Agreement, including, but not limited to the interest hereby created, this Agreement controls), and
WHEREAS, the Caretaker is to do the renovation work described in Exhibit B and is to do the ongoing maintenance, renovation, and caretaker work on the Property as described herein.
NOW, THEREFORE, in consideration of the sum often ($10.00) dollars, the receipt of which is hereby acknowledged by the County, and for other good and valuable consideration as hereinafter set forth, the parties hereto agree as follows:
1.PROPERTY: The Property is shown as the area outlined in red on page 1 of Exhibit A attached hereto and incorporated herein by reference, and as further identified in the narrative metes and bounds description attached hereto as pages 2 and 3 of Exhibit A, being a portion of Parcel 405, Tax Map BU located at 20130 Wasche Road, in Dickerson, Montgomery
County, Maryland. Caretaker acknowledges that this agreement is a Renovation and Caretaker Lease Agreement and that Caretaker accepts the Property in an "as is" condition. The County is not responsible for, nor is it required to make, any repairs or to perform any maintenance upon the Property, except as expressly provided for herein. Caretaker agrees that he will not move into the residence (nor allow anyone else permitted to occupy the residence as provided herein to move into the residence) on the Property until the House is sufficiently complete that it is safe, clean and habitable, a certificate of occupancy has been issued, and the County, in its capacity as owner ofthe House, has approved the renovated House for occupancy. Neither the County, nor this Agreement, is subject to the requirements of Montgomery County Code 1994 as amended, Chapter 29 and Caretaker acknowledges that the primary purpose of this Agreement is to complete renovation work on the Property and to ensure that the Property is properly maintained and cared for so that it is an asset to the community consistent with its historic and agricultural significance.
2.TERM: The term of this Agreement shall begin on the above stated date (the "Commencement Date"). The term shall continue for a period of five (5) years, ending on the 5th
anniversary of the Commencement Date. Notwithstanding the foregoing, in the event that all or a portion of the Property is needed for public purposes, or if any of the work hereunder is not being prosecuted and completed to the satisfaction of the County (in its sole, but reasonable discretion), the County may terminate this Agreement as to all or a portion of the Property upon not less than 30 days notice to the Caretaker. Caretaker acknowledges and agrees that if the County terminates the Agreement, Caretaker is not entitled to any compensation for such termination. Caretaker may, however, where the Agreement is terminated for a portion of the Property, elect to have the termination apply to the entirety of the Property. Caretaker must notify the County in writing of this election within 30 days of the notice from the County. Caretaker may at its election, terminate this Agreement term upon thirty (30) days advance written notice to the County. Caretaker (and anyone occupying the residence permissively with the Caretaker as provided herein) must by the date given in the applicable notice vacate and terminate its use of, and/or presence upon, the portion of the Property for which the Agreement is being terminated in accordance with the provisions of Section 15.
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3.USE OF THE PROPERTY:
A.The Property will be used by the Caretaker solely as a single family residence and farm, in a manner that is (i) compatible with the historic and agricultural character of the surrounding area, (ii) consistent with the property's zoning, and (iii) approved by the County. The House is the only structure that may be used as a residence and may only be occupied by Robert B. Hamey. Notwithstanding the foregoing, provided that Caretaker is an occupant of the House, he may have one roommate live in the dwelling with him. Prior to any such roommate moving into the House, he or she must deliver to the County, in form and substance acceptable to the County, a binding written commitment to abide by the terms and conditions of this Agreement.
B.Caretaker will not use the Property, nor permit the Property to be used, for any disorderly or unlawful purposes or in any manner offensive to others and will comply with all applicable Federal, State, County and local laws and ordinances. Caretaker expressly agrees not to allow or permit controlled dangerous substances of any type, or paraphernalia used in connection with controlled dangerous substances, on the Property.
C.The Caretaker will make the Property (excluding the House) available from time to time to members of the public, for the purpose of holding farm visits, educational field trips and similar low intensity events, provided such
D.The Property may not be used by the Caretaker or anyone other than the County to generate revenue unless the County has first approved such use and any revenue generate by such approved use shall belong to the County. The County may agree in its approval of any such use to allow Caretaker to recoup approved costs that it incurs in connection with such revenue generating use.
E.Caretaker and any roommate as provided above may keep their personal horses ort the Property, but may not use the Property for public horseback riding or
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4.CONSIDERAnON: The parties are entering into this Agreement in consideration of the mutual undertakings provided for herein, each of which is deemed to be material and significant consideration. It is a material inducement to the County that the Caretaker shall manage, arrange for and perform the work described in the Exhibit attached hereto and incorporated herein as Exhibit C in accordance with the schedule attached and incorporated herein as Exhibit D and that the Caretaker take care of and maintain the Property in a good, safe, clean and neat condition in accordance with the terms of this Agreement, and that Caretaker perform the repairs, renovations, and ongoing maintenance provided for herein. Failure to repair, maintain or renovate the Property in accordance with the Agreement is a material breach and grounds for termination of the Agreement.
5.RENOVATION, REPAIR, MAINTENANCE AND CARETAKER SERVICES:
A.House. The work to be provided by Caretaker consists of providing the design, construction, management and oversight of the renovation work to the House. Any additional repairs or costs beyond such amount shall be borne by the Caretaker. The County approves the concept plan for such renovation work attached and incorporated herein as Exhibit C. Caretaker shall within thirty (30) days of execution of this Agreement provide the County, for its approval, detailed plans and cost estimates for the renovation work for the House (the approved plans are the "Renovation Plans"). Caretaker shall apply for and obtain all permits and approvals, including historic work permits, required for any work on the Property. Caretaker may not make any changes to the House other than as shown on the Renovation Plans. The work on the Renovation Plans must be completed in accordance with the schedule attached and incorporated herein as Exhibit D, which work must be completed by Caretaker no later than September 1, 2004.
B.Barn. Caretaker has obtained several bids for the stabilization of the main structure of the bank barn and the repair of its roof system. The County has approved the proposal from Cornerstone, Inc dated April 29, 2003, a copy of which is attached hereto as Exhibit E. Caretaker shall promptly engage Cornerstone, Inc. (provided that it 1. is a duly qualified and licensed contractor; 2. has provided insurance coverage in form and substance acceptable to the County and naming the County as an additional insured with provision that such coverage shall not be terminated nor materially modified without 60 days advance notice to the County; 3. obtained and indemnification of the County from the contractor in form and substance reasonably acceptable to the County; and 4. entered into a binding contract with Caretaker for the work
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