Terms of Use - Gothic Barn

Background
The Sugarloaf Citizens’ Association (SCA) is a Maryland non-stock, not-for-profit corporation, duly qualified as a tax-exempt organization in the accordance with the provisions of Section 501(c)(3) of the Internal Revenue Code. Incorporated in 1971, the Association for the past three decades has stood as an ever-vigilant sentinel in furthering its primary goal: protecting and advancing a public awareness and appreciation of the rich agricultural heritage of Montgomery County. A necessary component of that primary goal is a concern for and protection of the environment.

The SCA is the lessee under a long term lease with the government of Montgomery County, Maryland of Linden Farm. The farm includes a dairy barn with attached milking parlor, identified as a historic structure on the County’s Master Plan for Historic Preservation. While maintaining its original exterior appearance, the interior of the structure has been extensively renovated. The first floor of the barn serves as a meeting hall, and the attached milking parlor serves as the office of the Association. Heat and air conditioning is proved by an energy efficient ground water heat pump closed-loop system, and sewage disposal is accomplished by the use of advanced composting technology.

The lease agreement between the Association and the County provides that the Association may grant temporary licenses for use of portions of the Dairy Barn for “charitable or educational purposes of for matters of functions of concern or interest to the community generally.” The Facility is not available for private parties (i.e., wedding receptions) or for business purposes (i.e., trade shows or business seminars).

Procedure
The following is the procedure to apply for use of the barn at Linden Farm.

Once you have read the General Conditions and Terms of Use, indicate that you will agree to follow these requirements by clicking on the acceptance button above the application form.

1.
  
Facility. Use of the Facility shall be limited to the first floor of the Dairy Barn, (excluding the attached “milking parlor” which serves as office of the Association), driveway, parking area, and grassed areas immediately adjacent ot the Dairy Barn. No entry by the Applicant or any of the Applicant’s guests shall be permitted in the second floor, in the Silo, Stairways, or basement area of the Facility, or any other building on the Premises.
2.
  
Alterations. No nails, screws, bolts or tape will be placed in or on the walls, ceilings, doors, windows, cabinets, furniture or any of the improvements on the Premises. No outside signs are permitted, except as a Special Condition set forth in the application.
3.
  
Climate Control.  All windows and doors of the Facility are to remain closed while heat or air conditioning are operating or during any inclement weather. Thermostats in the Facility are not to be altered.
4.
  
Drugs. The use of tobacco products and illicit drugs are strictly prohibited. Alcoholic beverages will only be permitted on the Premises as a Special Condition and in accordance with the laws of the state of Maryland and Montgomery County.
5.
  
Food. Other than light snacks and beverages, the preparation or serving of food may only be allowed as a Special Condition. Applicant shall ensure compliance with all applicable law and regulations, including securing any necessary permits. The Facility kitchen is not to be used for food preparation under any circumstances.
6.
  
Weapons. No ammunitions, explosive devices or fireworks shall be permitted under any circumstances. Unloaded firearms and disabled weapons of an antique or collectible nature for displays purposes may only be allowed as a Special Condition.
7.
  
Open Fires and Grills. Open fires and grills may only be allowed as a Special Condition.
8.
  
Parking.  Parking of motor vehicles shall be restricted to the gravel parking lot serving the Facility, unless additional parking is required on grassed areas, which shall be set forth as a Special Condition. Applicant shall have a sufficient number of individuals assigned during he Event to coordinate parking as necessary.
9.
  
Sales. The sale of goods may only be allowed as a Special Condition, in which case Applicant shall ensure compliance with all laws and regulations applicable thereto, including state sales tax requirements.
10.
  
Activities. All activities shall be orderly and in accordance with all applicable laws and regulations. No gambling shall be allowed. The event shall not create noise. Outdoor music or public address system, signs, banners, tents or displays may only be allowed as a Special Condition. All children in the Facility and on the Premises shall be adequately supervised at all times.
11.
   Association’s Right of Entry and Inspections. Agents of the Association m ay enter upon and inspect the Premises and Facility at any time without prior notice during any Event, and the Association reserves the right to cancel this license agreement at any time without prior notice upon the discover of any evidence indicating violation of the terms and conditions as set forth herein’ whereupon, the Applicant and its guest shall immediately vacate the Facility and Premises, and the entire Security Deposit shall be forfeited to the Association.
12.
   Trash and Garbage. At the conclusion of the Event, Applicant shall collect all trash and garbage associated with the Event, and shall immediately remove all of the same from the Premises at the Applicant’s sole cost and expense. The Premises does not receive trash disposal service.
13.
  
Condition of Facility & Premises. At the conclusion of the Event, Applicant agrees to leave the Facility in a clean and neat condition, to sweep all floor space used, wipe up any spills and mop as necessary, rearrange all furniture in the same conditions as existed prior to the Event, remove all personal property of the Applicant and Applicant’s guests, close and lock all doors and windows and turn off all lights in the Facility, depart promptly and lock the gate on the driveway serving the Premises. 
14.
  
Damages/Liability.
  • Neither the Association nor the County will be responsible for loss, damage or injury in any person or property on the premises.
  • Applicant shall indemnify, defend and old harmless the Association and the County, their members, employees and agents, from and against any and all liabilities, losses, damages or expenses, including costs and attorney’s fees, arising from any accident, injury or damage to any person or property on the premises during the time of the Applicant’s use of the Premises, with the exception of those instances which may be attributable to willful misconduct on the part of the Association and/or the County.
  • Applicant shall be responsible for any breakage, damage or loss to the Premises, Facility, or personal property of the Association or the County, and in the event of such damage, breakage or loss, an appropriate amount of the Applicant’s Security deposit may be retained by the Association.
15.
  
Insurance. As a condition for the Applicant’s use of the Premises, Applicant shall maintain a policy of liability insurance with a minimum limit for bodily injury and property damage in the amount of One Million Dollars ($1,000.000.00) per occurrence issued by an insurance company licensed in the state of Maryland.
  • For any use of the Facility for any Event, Applicant shall provide a certificate of insurance to the Association as set forth above.
  • In the event that the Applicant requests use of the Facility for more than 2 days, either consecutive or separate, or if the Event should involve more than 50 persons on the Premises on any single day, then the Applicant shall secure such a certificate of insurance with the minimum coverage set forth about which also names “Sugarloaf Citizens’ Association, In.” and “Montgomery County, Maryland” as additional insureds.
  • Any such certificate of insurance shall be delivered to the Association not less than 10 days prior to the Event.
16.
  
Snow Removal. In the event of snow prior to or during the Event, removal of snow and ice as necessary from the driveway, parking area and pedestrian walkways for safe ingress and egress during the event shall be the sold responsibility of the Applicant.
17.
  
Sewage Disposal. Treatment and disposal of effluent from the bathrooms and kitchen in the Facility is accomplished by composting technology. That equipment is limited in the amount of material it can properly process in a single day or over successive days. It is generally sufficient for normal purposes. However, based upon the type of Event, the length thereof, the number of attendees, whether the Event involves more than one day, and considerations of other scheduled events either prior or subsequent to the Applicant’s Event, the Applicant may be required to secure, at its own cost and expense, a sufficient number of chemical toilets to service the Event. The Association will review the Applicant’s intended use and advise accordingly. Should a determination be made that chemical toilets are necessary, bathrooms within the facility shall not be used during the Event.
18.
  
Termination for Convenience or Necessity. This license agreement may be terminated at any time prior to the Event for the convenience of the Association, or in the event of damage to the Facility, failure of its mechanical systems, or loss of utility service, whereupon any License Fee or Security Deposit shall be promptly refunded to the Applicant, which shall be the sole remedy of the Applicant for such termination.
19.
  
Keys. Applicant shall promptly return all keys to the Premises or Facility entrusted to the Applicant by the Association. Applicant shall not copy or surrender possession of the same to any unauthorized person.
20.
  
Security Deposit. Not less than 10 days prior to the Event, Applicant shall deposit with the Association a Security Deposit in the amount set forth in the signed agreement, based upon the nature of the event and the number of estimated attendees. The Security Deposit shall not bear any interest. In the event of any breach of this agreement by the Applicant, the Association may retain all or any portion of the Security Deposit for any damages incurred to the premises or any breach of this agreement by the Applicant. Not withstanding the foregoing, the Applicant’s obligations to the Association shall not be limited to the amount of the Security Deposit in the event that damages should exceed the amount thereof. Any portion remaining of the Security deposit will be returned to the Applicant within 30 days of the conclusion of the Event, together with an itemized list of any retainage thereof.
21.
  
License Fee. Not less than 10 days prior to the Event, Applicants shall deliver to the Association the License Fee for the use of the Facility set forth in the signed agreement, based upon the nature of the event and the number of estimated attendees.

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