12/28/1932 · AGREEMENT · book 25 page 245 doc 9158

245 THIS AGREEMENT made this first day of June, 1932 by and am between Grace B. Browning of State Road, Charlestown, Rhode Island, hereinafter called the Lessor, and STANDARD OIL COMPANY OF NEW YORK, INC., 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 of 1932, and ending on the 29th day of June 1934, the exclusive site right and privilege: (a) To store, sell, deliver and advertise gasoline and other petroleum products on the premises hereinafter described; (b) To use all tanks, pumps, containers, equipment and other facilities now on or under the surface of said premises, for the storage, delivery and sale of petroleum products; (c) To erect, install, use and maintain on and under the surface of said pre- mises additional tanks, pumps, containers, equipment and other facilities for the storage, sale and delivery of petroleum products; (d) To erect, build, maintain and display on said premises, and upon the buildings and other structures thereon, signs advertising the name of the Lessee and its products; and (e) To use, for the storage, sale and delivery petroleum products and contain- ers for the same, such part of the buildings on said premises as Lessee may require for such purposes. 2. The Lessor recognizes and shall have the right to use the portion of said premises not required by Lessee for the sale, storage, advertising and delivery of petro- leum products, for any other purpose or business, provided such use by Lessor shall not interfere, obstruct or compete with the rights herein reserved to 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 gasoline sold on said premises by or for Lessee, but not less than five Dollars ($5.00) per month. So long as Lessee shall maintain and operate a service station under the terms of this and the agreement referred to in paragraph 10 hereof is in force and effect, the said rental shall be paid in accordance with the custom now existing in the area regarding commissions of the sale of gasoline payable to its distributor provider variations of premiums 5 paid to agent, and shall be paid on the 1st day of each month after the premises, or if the said agreement is terminated, then during the remainder of the term, the said rental shall be paid on the 1st day of each and every month after all sales made during the preceding calendar month. 4. Title to all signs, pumps, tanks, equipment and other facilities, erected or install- ed on said premises by or for Lessee, shall be and remain in Lessee, and Lessee shall have the right to remove the same at any time within thirty (30) days after the termi- nation of this lease. 5. Lessee shall have the right to cut curbs, soreness, maintain and use such drive- ways over, upon and across said premises for ingress and egress of vehicles and persons, in Lessee's reasonable judgment necessary in connection with the storage, sale and delivery of petroleum products on said premises. 6. In the event the Lessor holds said premises on rental under lease from a third party, and Lessor shall fail to pay the rental due under such lease, or fail to perform any of the obligations to be performed thereunder, as and when the same shall fall due, the Lessee may, after giving notice to Lessor of such failure to pay or perform, and/or perform such obligations and reimburse itself out of the rentals payable to Lessor hereunder. 7. In the event it shall become unlawful to store, sell or deliver gasoline on said premises, the Lessee shall have the right to terminate this lease upon thirty (30) days' notice in writing to said Lessor. 8. In the event either party shall fail to perform any of the provisions of this lease, and such failure shall continue ten days after written notice from the other party in default, then this lease may be terminated upon thirty (30) days' notice to at the option of the party not in default. 9. If the Lessor shall fail or neglect to pay when due, any payments or interest on amount of the principal of any loan, mortgage or mortgages upon said premises, or shall fail or neglect to observe or perform any covenant or agreement of any such mortgage or mortgages, or shall fail or neglect to pay when due, any taxes or assessments upon said premises, the Lessee shall have the right to and may make any such payments and observe or perform such covenant or agreement, and in any such event, Lessee shall have a lien upon said premises equal to the amount of such or liens, and in addition thereto shall have the right to credit and treat any payment or payments so made by it as rental under this lease, whether such rental is then or

246 may therefore become due; and in the event of a foreclosure of any such mortgage, the Lessee shall have the right to purchase said premises for its amount. 10. The Lessee has entered into, or is about to enter into, an agreement with the Lessor, appointing the Lessor distributor of Lessee's products on said premises; and it is agreed that upon the termination of the duration of said agree- ment for any reason whatsoever, the Lessee shall have the right at its option to terminate this lease upon thirty (30) days' written notice to Lessee. 11. The Lessee shall have the right at its option to extend the term of this lease for a period of five (5) years, under the same terms and conditions upon giving to Lessor thirty (30) days' notice of its election to exercise such option. 12. The site of said premises is located in the Town of Charlestown, County of Kent, Kingston, State of Rhode Island, and are more particularly described as follows: Southerly, by State Route 1, seventy-five (75) feet more or less; Westerly, by other land of the Lessor, seventy-five (75) feet more or less; Northerly, by other land of the Lessor, seventy-five (75) feet more or less; Easterly, by other land of the Lessor, seventy-five (75) feet more or less; The lessor hereby conveys together with the premises herein adjoining property, located westerly, northerly and easterly of the demised premises and being more particularly described as follows: A piece of land in Providence County, Joseph U. Griffin to Robert Browning [now deceased] dated March 30, 1920, and recorded in the town records of Charlestown, Rhode Island, in Book 801, page 109, and 109, and of which the demised premises is a part, or any buildings thereon or to be erected thereon, together with all the rights, privileges and appurtenances per- taining to gas or other petroleum products or by-products thereof or other motor fuel during the term of this lease. The restrictive covenant herein contained is made covering for the benefit of the premises herein demised and shall be deemed to run with the land. That the same restrictive covenant shall be inserted in any future deed or lease of the premises herein demised or any premises or part thereof. 12a - The Lessee shall have the right at its option to terminate this lease and end the term thereof at any time upon giving to Lessor thirty (30) days' notice to Lessor. 13. This agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, legal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement duplicate, and affixed their respective seals thereto the day and year first above written. In the presence of: GRACE B. BROWNING (L. S.) M. H. O'HANLON Attest: STANDARD OIL COMPANY OF NEW YORK, INC. L. W. Sutherland By A. F. CORVIN Asst. Secretary Vice-President. STATE OF RHODE ISLAND) ss: County of Washington ) ss: On this 21st day of June, 1932, before me personally appeared Grace B. Browning to me known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to me that she executed the same, and further acknowledged said instrument to be her free and voluntary act or deed. LINTON L. BROWN Notary Public. STATE OF ) COUNTY OF) New York, ss: on this 6th day of July, 1932, before me came A. F. Corvin, to me known, who, being by me duly sworn, did depose and say that he resides in Bronxville, N. Y.; that he is vice- president of STANDARD OIL COMPANY OF NEW YORK, INC. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. S. I. SKINNER Notary Public, New York County County Clerk No. 549 Reg. No. 38797 Commission Expires March 30, 1933.

247 State of New York] County of New York] ss: No. 9278 I, DANIEL E. FINN, Clerk of the County of New York, and also Clerk of the Supreme Court for the said County, the same being a Court of Record, having a seal DO HEREBY CERTIFY, that R. M. SKINNER whose name is subscribed to the deposition or certificate of the proof or acknowledgment of the annexed instrument, and thereon written, was, at the time of taking such deposition, or proof and acknowledgment, a Notary Public in and for such County, duly commissioned and sworn, and authorized by the laws of said State, to take depositions and to administer oaths to be used in any Court of said State, to take depositions and to administer oaths to be used in any Court of said State and for general purposes; and also to take acknowledgments and proofs of deeds, of conveyances for land, tenements or hereditaments in said State of New York. And further, that I am well acquainted with the handwriting of such Notary Public, and verily believe that the signature to said deposition or certificate of proof or acknowledgment is genuine. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court and County, the 7 day of July 1932. DANIEL E. FINN, Clerk (SEAL) Received for record December 28th, A. D. 1932 at 3:50 o'clock, p. m., and recorded by [Signature] Town Clerk.