7/3/1933 · LEASE · book 25 page 315 doc 9221

315 THIS INDENTURE OF LEASE. Entered into on the third day of July A. D. 1933 by and between Alfred A. Gobelle, of the Town of Charlestown hereinafter called the Lessor, and Sylvester Capalbo, of the Town of Westerly, hereinafter called the Lessee WITNESSETH, That the said Lessor does hereby demise and lease unto said Lessee A certain tract or parcel of land, together with the building thereon standing, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bound- ed and described as follows: Beginning at the southwest corner of said tract at the State Highway and the southeast corner of the premises, by William R. Browning, at one hundred eighty feet along said State Highway eighteen (18) feet; thence northerly, and eighteen feet parallel with the easterly boundary line of said William Brown- ing, to a distance of one hundred eighty (90) feet; thence westerly eighteen (18) feet to said easterly boundary line of premises of William R. Browning, thence southerly along said easterly boundary line of premises of William R. Browning, at ux., to the State highway, at the southwest corner of place of building. The Lessor hereby reserves for himself, for his heirs, and assigns the privilege of using the driveway from the State Highway running southerly along the easterly side of this tract. To HAVE AND TO HOLD with the appurtenances unto said Lessee his ex- cutors, administrators and assigns, and for the term of two (2) years from the fifteenth day of July A. D. 1933,) to the fifteenth day of July A. D. 1935, yielding and paying therefor during the first six (6) months the sum of Twenty (20) Dollars for each and every month, and yielding and paying therefor the sum of Twenty-six (26) Dollars for each and every month thereafter during the continuance of this lease, and in the same proportion for any lease time, in equal monthly payments of Twenty-six Dollars each, on the first business day of each and every month succeeding the date hereof, until said rent is paid in full. And the said Lessee for himself and for his executors, administrators and assigns, covenants with the said Lessor his heirs and assigns that he will pay said rent at the times and in the manner aforesaid; and that in case of failure on his part to pay the same within ten (10) days subsequent to the time above specified (and it shall not be required that any demand be made for the same), or in case of failure to perform all the covenants and agreements contained in this Lease on the part of the said Lessee to be kept and perform- ed, the said Lessor his heirs and assigns shall be at liberty to enter upon said premises and declare this lease an end and take immediate possession of the premises; and that the said Lessee will keep the interior of the premises in good repair, including the setting of glass in windows and doors, during the continuance of this lease; and that at the said expiration or sooner termination thereof, will quietly and peaceably surrender up possession of the premises to the said Lessor his heirs or assigns, in as good order as they now are, or may be put in, ordinary wear and tear, damages by the elements, excepted, and that he will not assign this lease, nor underlet the whole or any part of the premises, without the consent in writing of the said Lessor his heirs or assigns; and that the said Lessor his servants and agents, at any all reasonable times to enter and view and make such repairs to such premises as may be necessary. It is hereby agreed by said Lessor, that upon receipt of request in writing, signed by said Lessee, that this lease shall be renewable for the term of three (3) years following the expiration of this lease; rent to be at the rate of Twenty-six Dollars for each and every month during said renewal payable on the first business day of each and every month thereof. And the said Lessor for himself, his heirs, executors, administrators and assigns, covenant with the said Lessee his executors, administrators and assigns, to keep the exterior

316 of said premises in good repair during the continuance of this lease; that he paying the rent and performing the covenants and agreements on the part of said Lessee herein contained, may peacefully hold and enjoy said premises during said term, without any lawful let or hindrance by the Lessor or any person claiming by, through or under him; and it is mutually agreed by and between said parties that in case said premises shall be damaged by fire, or other unavoidable casualty, so that the same shall be unfit for occupation and use, a just abatement of the rent shall be made until the same shall be properly repaired by the Lessor: Provided, however, that if the Lessor shall not elect to repair the same, then this lease shall terminate at the time of such damage. IN WITNESS WHEREOF we have hereunto set our hands and seals this third day of July A. D. 1933. Executed in presence of LINTON L. BROWN ALFRED A. GOBEILLE (SEAL) SYLVESTER J. CAPALBO (SEAL) STATE OF RHODE ISLAND) County of Washington ) In Charlestown on the third day of July A. D. 1933 before me personally appeared Alfred A. Gobeille and Sylvester Capalbo, both to me known and known by me to be the parties executing the foregoing instrument, and acknowledged said instrument, by them executed, to be their free act and deed LINTON L. BROWN Notary Public. Received for record July 3rd, A. D. 1933 at 12:40 o'clock, p. m., and recorded by [Signature] Town Clerk.