6/29/1931 · LEASE · book 24 page 458 doc 8904

458 Westerly, R.I., May 6, 193. June 22, 1931 This is to certify that the abandonment covering lots numbers 51 and 52 in Lonsdale plat, which abandonment involved a new development, towns of Charlestown in the said C.H. Adams Co. inc., etc. Eleanor D. Drumming spending on this supervisor agreement for Washington county is hereby released. P.N. Adams Les. Dec. By George H. M. Lemma as attorney This Lease agreement made this 29th day of May, 1931 by and between James B. Drumming of State Road, Charlestown Rhode Island hereinafter called the Lessor and Standard Oil Company of New York a New York corporation having its office and principal place of business at 26 Broadway, in the City, County, and State of New York, hereinafter called Lessee: Witnesseth: 1. The Lessor hereby grants and leases to the Lessee for a period commencing on the 29th day of June, 1931, and ending on the 29th day of June 1933, the estate rights appropriate to: a. To store, sell, deliver a gasoline product line and other petroleum products on the premises hereinafter described; b. To erect all tanks, pumps, containers, equipment and other facilities necessary for the surface of said premises, particularly for the storage, delivery and sale of petroleum products; c. To erect, install use and maintain pavement and curbs throughout surface of said lot and build tanks, pumps, containers, equipment and their facilities for the storage, sale and delivery of petroleum products; d. To erect, build, maintain and display signs on said premises and upon the buildings and other structures thereon, saying essentially the name of the Lessee and its products; and e. To use the storage, sale and delivery of petroleum products and customers forth the same, and part of the buildings on said premises as Lessee may require for such purposes. 2. The Lessor reserves and shall have the rights

459 Derse the portions of said premises not required by Lessor for the sale, storage, advertising and delivery of petroleum products into for any other purpose or business, providing such uses by Lessee shall not be void, or be inconvenient, with the rights here granted to the Lessee. 3. The Lessee shall pay to the Lessor during the term hereof, as rental, a sum equivalent to one (1) cent per gallon for each gallon of petroleum sold on said premises by or for Lessee, but in no event less than Five Dollars ($5.00) per month. 4. Title to all signs, pumps, tanks, equipment and other fixtures installed on said premises by Lessee shall remain with said Lessee, and Lessee shall have the right to remove the same at any time within thirty (30) days after the termination of this lease, or any renunciation thereof. 5. Lessee shall have the right to cut out, con- struct, maintain and use driveways, ways, apron and roads on said premises for ingress and egress of vehicles and persons, as Lessee may deem desirable or necessary in connection with the sale, pole and delivery of petroleum products, and premises. 6. On the event the Lessor shall lease said premises or a portion from other party, and Lessor shall fail to pay any rentals promised in said lease, or perform any of the obligations to be performed thereunder, as and when the same shall fall due, the Lessee hereunder may, at the option, pay said rentals, perform under said lease, and/or refund such obligations and reimburse itself out of the rentals payable to Lessor hereunder. 7. On the event it shall become unprofitable for Lessee, storage seller deliver gasoline on said premises, the Lessee shall have the right to determine this lease within thirty (30) days notice in writing to Lessor. 8. On the event either party shall fail to perform any of the provisions of this lease and failed to perform shall end’d 10 days after, notice within the from the party not in default, then this lease may be terminated within thirty (30) days notice to the option of the party not in default. 9. If the Lessor shall fail or neglect to pay when due, any taxes or payments on account of the premises under the terms of any mortgage or mortgage on said premises, overall fail or neglect to perform any covenant or agreement of any and every mortgage we

460 ---nothing w or shall feel or neglect to pay when due, any taxes or assessments upon said premises, the Lessee, if it shall elect so to do, may make any such payment to the lessor as principal and indemnity agreement, and any such event, lessee shall be subrogated to all the rights that the lessor has or claims, and in such events lessee shall have the right to deduct any such payment or expenditure from the rental per month that lessee whistles said rental paid with or without remedy therefore become due, and the lessor shall have the right to purchase said premises for its amount. 10. The Lessee has entered into, or was about to enter into, an agreement with the Lessor, appointing the Lessor, exclusively, as Lessee's agent on and premises, and is agreed that in the event of the termination of said agency for any reason whatsoever, the Lessor shall have the right and it stand to terminate that lessee has during thirty (30) days after notice to Lessor. 11. The Lessee shall have the right at its option to extend the term of this lease for a further period of four(4) years, upon the same terms and conditions now agreeing to Lessor thirty (30) days notice of its election to extend said option. 12. The premises conveyed by this lease, and herein referred to are situated on the northerly side of Pike's Road (Route 1) in Town of Charlestown, county of Kent, state of Rhode Island, and are more particularly described as follows: Bounded by Pike's Road Route 1, seventy five (75) feet more or less; easterly, by the land of the Lessor, fifty (50) feet more or less; northerly, by the land of the Lessor, seventy five (75) feet more or less; easterly, by other lands of the Lessor, fifty (50) feet more or less; The Lessor hereby covenants that no part of the demised premises property, bounded easterly, northerly and southerly of the demised premises and being more particularly described as such from fence 5 Documents and with Joseph G. Griffin & Robert Drummond deceased, dated March 30, 1900, and recorded in Land Evidence Records in the Town of Charlestown, in Book 14, pages 105 and 106, and of which the demised premises is a part, or any building thereon or to be erected thereon shall be used for the

storage and sale or advertising of gasoline or other petroleum products or by products thereof which are motor fuel during the term of this lease or any renewal or extension thereof. That this covenant and for the benefit of the premises herein demised and shall be deemed to run with the land. That the said restrictions covenants shall be annexed to and any and all deeds or leases conveying or demising said premises or any part thereof. 12A. - The Lessee shall have the right & extension to the term of this lease and any term thereof and the of the first year or at the end of any year thereafter given notice to Lessor of least thirty days (30) previous written notice. 12B. - As long as Lessee occupies said premises or holds the same or any part thereof from the Lessor, and the agreement referred to in paragraph 10 hereof is in force and effect, the rental provided for in paragraph 3 hereof shall be paid at the same time and in the same manner. That the Lessee agrees to remain on the said property payable & it is admitted to the provisions of paragraph 5 of said agreement. If Lessee cease to be the owner or Lessee of said premises, or if the said agreement is terminated, then during the remainder of the term, the said rental shall be paid on the 15th day of each and every month on all sales made during the preceding calendar month. 13. This agreement shall be binding upon and inure to the benefit of, the parties hereto and their respective successors, heirs & legal representatives. In Witness Whereof, the parties hereto have executed this agreement in duplicate and affixed their respective seals the day and year first above written. [Seal] Signature of E.N. Oganne Grace B. Branning, L.S. Attest: D.D. Pinckneyland Asst. Secretary Rhode Island Co Company of New York By S. S. Gale, Vice President State of Rhode Island County of Washington ss: On this 26 day of May, 1931, before me personally appeared Grace B. Branning & me know

462 and Eleanor Dame to be the person described in said who executed the foregoing instrument, and acknowledged Dame that she executed the same, and further acknowledged and confirmed to be her free and voluntary act and deed Joseph E. Langdon Notary Public. State of County of New York ss: Before me this 9th day of June, 1931, before me appeared S. S. Lake the undersigned, who being duly sworn did depose and say that he knew the Then President, H.H. that he was president of Planned Development of the New York, the corporation described above but had not seen the foregoing instrument, that he knew the seal and of corporation, that she seal affixed to said instrument is such corporate seal, and that it was affixed by order of the Board of Directors thereof, and that he recognized his name thereon by his like under E. L. Skinner Notary Public Notary Public, New York County County Clerk No. 549 By No. 35757 Commission Expires March 30, 1933. State of New York) County of New York) ss: No 72576 Servis C. I, Samuel E. Gannon, Clerk of the County of New York, among other duties as the Proper Officer for the said County, this day having a Search of Records hereby make Do hereby Certify, That E. L. Skinner whose name is subscribed to the deposition or certificate of the proof or acknowledgment of the annexed instrument, and whose notarization, was, at the time of the foregoing act, duly and performed acknowledgment, as a Notary Public and for such County, duly commissioned and sworn, and authorized by the laws of said State, to take depositions and acknowledgments in any Court of said State and for general purposes, and also to take act- acknowledgments and proofs taken, in any part of said State of New York. I here further that I shall warrant said acknowledgment with the recording of such Notary Public, and certify below lied the signature David deposition or certificate of proof of acknowledgment is genuine.

463 In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said town and county, this 10th day of June 1931. Daniel E. Fenn, Notary Recorded for record June 29, 1931 at 3:40 p.m. and witnessed by Logan L. B. [signature] Deputy Clerk Know all Men by these Presents: That J. Dexter E. Dawning of Echo city and county of Providence in the State of Rhode Island, hereinafter called the grantor, for and in consideration of the sum of One Hundred Dollars paid in cash by Thos E. Dawning, also said city of Providence the receipt whereof I do hereby acknowledge, has hereby granted bargained and conveyed unto the said Thos E. Dawning, his Heirs and Assigns, forever, That certain lot of land together with the all buildings and appurtenances thereon situated in the Town of Charlestown in the County of Washington and State of Rhode Island bounded and described as follows, viz: Beginning at a bound stone on the ground on the east side bank of the Old Channel Spring south eighty five degrees from the present boundary line from the boundary of S. Hubbard to the boundary line and the westerly line of said certain parcel of land conveyed by Sarah H. Kelly to Fred G. Miller by deed dated October 31, 1905, and recorded in the records of land evidence in said Town of Charlestown in Deed Book 15, at page 288; then southerly east eighty four degrees six hundred feet (612) feet more or less to the northeasterly corner of that certain lot of land which was conveyed by Chad Church to L. Linney by deed dated September 22, 1924, and recorded in said records of land evidence in Deed Book 21 at page 339; thence westerly three hundred (300)