Touro Synagogue 1903 lease
A downloadable pdf is at the bottom of page.Exhibit A is the 1903 lease of the Synagogue and its appurtences and paraphernalia to Congregation Jeshuat Israel and the representaives of Congregation Shearith Israel, which is below, Item B is the 2008 lease agreements, Item C is an agreement made when the Synagogue became a National Historic Site, and Item D is a cover letter from the 1903 lease. The text of the 1903 lease follows:
THIS INDENTURE, made the 2nd day of February, one thousand nine hundred and three BETWEEN L, NAPOLEON LEVY, DAVID de’MEZA, ALBERT J .ELIAS, ALFRED LYONS, HENRY H. BELAIS, EDGAR J. NATHAN, and SAMUEL L. HYMAN, as Trustees, and N. TAYLOR PHILLIPS, as Trustees, all of the City of New York, parties of the first part, and the CONGREGATION JESHUAT ISRAEL, of the City of Newport, Rhode Island, party of the second part
That the said parties of the first part have lettem, and by these presents do grant, demise, and to farm let, unto the said party of the second part, ALL that certain tract of land, with the building thereon, situate lying and being in the City of Newport, State of Rhode Island where on the Jewish Synagogue now stands, bounded and deScribed as follows : SOUTHERLY on Touro Street Ninety two and Forty-six One Hundredths Feet; EASTERLY on land of the Newport Historical Society, One Hundred and Nine and Eight tenths Feet; NORTHERLY on Barney Street, Ninety all Sixty-five One Hundredths Feet; and WESTERLY on land of George P. Lawton; be said dimensions more or less. With the appurtenances and the paraphernalia belonging there in[hard to read] for the term of five years from the first day of February one thousand nine hundred and three at this annual rent or sum of One Dollar to be paid in equal yearly payments in advance on the list day of February in each year.
AND it is agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants here in contained, then it shall be lawful for the a said parties of the first part to re-enter the said premises and the same to have again, repossess and enjoy.
AND the said party of the second part does covenant to pay to the said parties of the first park the said yearly rent as herein specified.
AND the said party of the second part further covenants that it will not assign this lease, nor let or underlet the whole or any part of the sald premises , nor make any alterations therein without the written consent of the said parties of the first part under the penalty of forfeiture and damages; and that it will not occupy or use the said premises, nor permit the same to be occupied or used for any purpose other than here in stated without the like consent under the like penalty.
This lease and the term hereby granted is made upon the express covenant and condition that the party of the second part will cause the same to be used and occupied for the maintenance therein of the usual and stated religious services according to the ritual rites and customs of the Orthodox Spanish and Portuguese Jewish as at this time practiced in the Synagogue of the Congregation Shearith Israel, in the City of New York.
It is further agreed that before any Minister can officiate in said Synagogue, his appointment to the position must first be approved of in writing by a majority of the parties of the first part, or of their successors.
AND at the expiration of the said term the said party of the second part will quit and surrender the premises hereby demised, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted.
It is further agreed by and between the parties hereto, that should any of the covenants, conditions or agreements here in stated be violated by the party of the second part, then and in that event the terms hereby granted, shall cease and determine and this Lease shall. Become null, and void and the parties of the first part shall re-enter into posasesion of said premises and may oust the party of the second part therefrom or may recover possession of the same in any appropriate action as against a tenant holding over his term.
And the said parties of the first part do covenant that the said party of the second part, on paying the said yearly rent, and performing the covenants aforesaid, shall and ray peaceably and quietly have, hold and enjoy the said demised premises for the term aforesaid.
AND IS IS FURTHER UNDERSTOOD AND AGREE, that the covenants and agreements contained in the within Lease are binding on the parties hereto and their legal representatives.
Sealed and delivered in the presence of [signatures}