Maryland Code, LAND USE 17-204
Terms Used In Maryland Code, LAND USE 17-204
- Contract: A legal written agreement that becomes binding when signed.
- County: means a county of the State or Baltimore City. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
(2) (i) The term of a lease may not exceed 20 years without the prior approval of the lease by legislative enactment of the county where the lease property is located.
(ii) The initial term of a lease may not exceed 40 years.
(iii) A lease may be renewed for additional terms not exceeding 10 years each.
(3) A lease agreement shall contain provisions for reversion without cost to the Commission of the property and its improvements regardless of whether the improvements were added to the property by the lessee during the term of the lease or any extension of the lease.
(b) (1) The Commission may grant privileges, permits, and concessions, and may enter into contracts relating to them, with any responsible person to engage in any business or enterprise on land in the metropolitan district acquired for park purposes under this division.
(2) Any privilege, permit, or concession granted under this subsection shall be on terms and conditions the Commission considers advantageous to the development of the park system as a part of the plan for the physical development of the metropolitan district and the plan of the regional district within the metropolitan district.
(c) (1) The purpose for which property is leased, or for which a privilege, permit, or concession is granted, may not be inconsistent with the use of the property for park purposes.
(2) Any lease or contract executed under this section shall contain a condition stating specifically the purposes for which the property is leased or for which the privilege, permit, or concession is granted.
(3) An agreement the Commission enters into in accordance with this division shall contain provisions prohibiting the assignment of the agreement without the consent of the Commission.
(d) In Montgomery County, a lease, contract, or agreement entered into under this section may not:
(1) authorize a person other than the Commission to close a park or park facility; or
(2) grant a person other than the Commission the authority to close or require the closing of an existing park or park facility under the jurisdiction of the Commission to prevent competition.
(e) This division does not limit the Commission’s authority to require an agreement to contain more restrictive provisions the Commission considers to be in the public interest.