The instrument's own words
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320
L E A S E
AGREEMENT dated the seventh day of June, 1933, by and between Isaac T. Prosser,
an individual Charlestown, Rhode Island (lessor) and THE TEXAS COMPANY, a corporation of
Delaware, having a place of business at 135 S. 42nd St., New York, New York (lessee).
(1) PREMISES LEASED. Lessor hereby leases unto lessee a tract of land, with the
improvements thereon, in the town of Charlestown, County of Washington State of Rhode
Island, described as follows:
Beginning at the intersection of U. S. Highway No. 1 and Watchaug
Lake Road, thence running in a northerly direction, along the east
erm line of said Watchaug Lake Road a distance of one hundred
feet (100'), more or less; thence turning and running in an east
ernly direction along said premises, two hundred and fifty
feet (250'), more or less; thence turning and running in a south
ernly direction along said premises, one hundred ten (110')
more or less; thence turning and running in a westerly direction
along said premises to U. S. Highway No. 1 westward
and fifty feet (50'), more or less, to a point and place of be-
ginning.
Together with all right, title and interest of the lessors in and to
any and all streets, roads and ways bounding on said described pre-
mises.
(2) TERM. TO HAVE and TO HOLD for the term of Three (3) I. T. P. years, from
and after the twentieth (20th) day of June, Nineteen Hundred thirty-three (June 20 1933)
but subject to termination by lessee at the end of the first year or any subsequent
year upon thirty (30) days' written notice from lessee to lessor. Provided, however,
that the lessee at its option may terminate this agreement at any time upon ten days'
prior written notice in the event of the cancellation or termination in any manner of (a)
that certain commission agency agreement between The Texas Company and Isaac T. Prosser,
dated June 7, 1933, or (b) any agreement supplementary thereto or in lieu, therefore, or (c)
any future agreement between the lesseees, as Principal, and as Agent, for the sale
of the latter behalf of the Former of Petroleum Products or other commodities at or
for the demised premises.
(3) RENTAL. Lessee agrees to pay the following rent for said premises:
A sum equal to one cent (1c) for each gallon of lessee's gasoline sold
from the said premises each month during the term hereof, payable on the tenth
day of each month next following the month for which payment is
made.
Provided, however, that no rental shall accrue or become due or mature
hereinafter until such time as this lease has been fully approved and
registered upon a convenient registry.
and agrees that, if any installment thereof shall be due and unpaid for ten (10) days
after written notice of such default has been delivered to the Assistant Land Attorney of
lessee at 135 East 42nd Street, New York City, lessor shall then have the right to termi-
nate this lease on thirty (30) days' written notice to lessee.
Lessee, at its option, may apply at any time such rental or any Installment there-
of to the payment of any indebtedness due or to become due from Lessor to Lessee. Such
application shall be deemed payment of such rental.
(4) MAINTENANCE. Lessor agrees to maintain said premises and improvements in good
repair during the term of this Lease. In the event of Lessor's failure to do so, lessee,
at its election, may either terminate the lease on thirty (30) days' notice to lessor, or
make the necessary repairs, at the expense of lessor, and have the right to apply accruing
rentals for the purpose of reimbursing itself. If, during the time the premises are
undergoing repairs, the use thereof by lessee is materially interfered with, the rent
accruing during such period shall be abated.
(5) REMOVAL OF PROPERTY. Lessee shall have the right at any time during the con-
tinuance of this lease or within thirty (30) days after its termination to sever and
remove all fixtures, equipment and other property of lessee placed on said premises or
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by lessee during the term of this or any previous lease, or any extension or renewal thereof.
(6) LESSEE'S RIGHT OF TERMINATION. Should the structures on said premises be destroyed
by fire or storm, or should lessee for any reason be prevented from establishing or continuing
the business of distributing petroleum products on said premises or should said business for
any reason in lessee's judgment become unduly burdensome, lessee may terminate this lease
upon giving ninety (90) days' written notice, in which event the rental obligation shall be
prorated to the date of such termination.
(7) DAMAGES FOR DEFECT IN TITLE. Lessor covenants that he is well seized of said pre-
misses, has good right to lease the same, and warrants and agrees to defend the title thereto;
and to reimburse and hold lessee harmless from all damages and expenses which lessee may suffer
by reason of any restriction, encumbrance or defect is such title.
(8) TAXES AND ENCUMBRANCES. Lessor agrees to pay all taxes, assessments and obligations
which or may become a lien on the denied premises and improvements as they become due. If
lessor should fail to do so, lessee shall have the right either to make such payments for the
account of lessor, in which event it shall be subrogated to all the rights of the holder of
such lien, and in addition thereto shall have the right to apply accruing rentals in satisfaction
of such obligations; or lessee, in the event of a foreclosure of any such lien and the sale of
said denied premises and improvements, shall have the right to buy in said premises and im-
provements for its own account.
(9) SUCCESSORS AND ASSIGNS. This agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF lessor and lessee have hereto subscribed their names the day
and year first above written.
Witness: S. G. BOSS
ISAAC T. PROSSER (SEAL)
(Lessor)
THE TEXAS COMPANY (Lessee)
By J. M. WILLIAMS
Assistant To Manager
Sales Dept.
Northern Territory
Attest: W. G. Eluker
Assistant Secretary
STATE OF RHODE ISLAND }
County of Washington } Charleston, R. I., June 7, 1933.
Then and there, before me personally appeared the above named Isaac T. Prosser,
signer and sealer of the foregoing instrument and acknowledged same to be his free act and
deed.
My Commission Expires
June 30, 1936. LINTON L. BROWN (SEAL)
Rotary Public
Received for record July 19th, A. D. 1933 at 9:30 o'clock, a. m., and recorded by
[Signature]
Town Clerk.