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HomeMy WebLinkAbout97-00753 H" q '(. 1)5 I~'I '- () r; ".~ WAIVER OF MECHANIC'S LIENS Contractor: Gateway Construction P.O. Box 247 Summerdale, Pennsylvania 17093 (hereinafter "Contractor") Owner: First Industrial Financing Partnership, L.P. A Delaware Limited Partnership } J L ,) (hereinafter "Owner") ~ ~ t' <J 'J A.(1.,. /t Ai v..:"" I v. 7' t.. I 7 /11- Project: 28,000 sq ft office/flex facility 5070 Ritter Road Rossmoyne Busine~s Center Mechanicsburg, PA 17055 (hereinafter "Project ") Premises: 5070 Ritter Road, Upper Allen Township, Cumberland County, Pennsylvania (as more fully described on Exhibit" A" attached hereto) (hereinafter "Premises") WHEREAS, on February 14, 1997, Owner and Contractor entered into an agreement for the above-referenced Project, which is located on the parcel of property set forth on Exhibit" A" attached hereto (the "Premises"); and WHEREAS, in consideration for the contract, Owner has required Contractor to waive any claim which it has or may acquire, on behalf of itself, its subcontractors, and suppliers, with regard to the Project. NOW THEREFORE, Contractor agrees as follows: I) Neither Contractor nor any of its subcontractors or suppliers shall file any Mechanic's Lien against the Project or against the Premises on account of the performance of any labor or the furnishing of any materials with regard to the Project. 2) Contractor shall inform all subcontractors and material suppliers with regard to the Project that Contractor has waived any rights which they may have to file a lien against the Project or the Premises. 3) This Agreement is an independent covenant, and shall operate and be effective regardless of Owner's performance under the contract. Furthermore, this Agreement shall extend to and be effective with regard to any supplemcntal contract for cxt r.\ lVork to hc performed relative to the Project. 4) In order to fully protcct thc Owner .llld thc Prcmiscs against ,lllY Mcchanic's Lien claims which may be filed by Contractor or its subcontractors or supplicrs ill viol.lliulI of the covenants contained hcrcin, COlllractor, ior itself, its subcontractor, .llld supplicrs, hereby irrevocably authorizes and empowers any attorney of any coun of rccord in and for the Commonwealth of Pennsylvania to appear for it, thcm, and any of thcm in .IIlY of thc Couns of Common Pleas of the Commonwealth of Pcnnsylvania ,15 Allorncy for it, thcm, or any of them and, in the name of any claimant who files a licn against the Projcct or thc Premises, mark "Satisfied" any such lien at the cost and expensc of thc Contractor and of any such Mechanic's Lien claimant. For such action, this instrument or a truc and correct copy hereof shall be sufficient warrant. This warrant of attorney shall not bc cxhaustcd by any single exercise, but may be re-exercised from time-to-time at any time that a Mechanic's Licn has been filed against the Project or the Premises. By furnishing labor or materials with respect to the Project, each subcontractor and material supplicr of Contractor is cxpressly agreeing to the terms of this instrument and authorizing thc cxercise of this warrant of attorney against it. 5) Any legal fees, coun costs, or other expenses in~"Urred by Owner with regard to a Mechanic's Lien filed by Contractor or any of its subcontractors or suppliers, shall be payable by Contractor to Owner upon demand. IN WITNESS WHEREOF, Contractor, intending to bc legally bound hereby, has caused this instrument to be duly signed this J4-f-l\ day Of~, 1997. Gateway Construction .'hd1: Perry s.fJith Panner By: ...J --.--.---- - ........--------... ..---.--.-..--- well and truly pcUd by the laid parcy uf the leco,ul part, at or belorc the lealing alld de- livery 01 thele prelcnt.r, the receipt whereof;1 hercby acknowledged, has grallted. IlIIrgained, ,old, aliened. ellleoffed, relellled, conveyed anti confirmed, a~ by thelC Prelcn~3 does grant, bargcUlI,lCll, n/icn, enfeoff. rr[ralC. convey and cOllflrm IInto the laul party f)f the ICcond part. its representatives. successors. heirs . and AII/yn.. All that certain land and premises situate in Upper Allen Township. Cumberland County. Pennsylvania being Lot #0-2 in Final Subdivision Plan of tracts "0" & "F" Lots 0-2 & F-3 a portion of "Rossmoyne Industrial Park" for Smith Land & Improvement Corporation, by J. Michael Brill & Associates. Inc.. J. Michael Brill, P.E. dated May 9, 1988 and recorded in Cumberland County Courthouse, on June 23, 1988 in Plan Book 55 Page 114, as follows: Beginning at a point on the northern right-of-way line of "Ritter Road" (a 60 foot right-of-way), said point being located and ref- erenced from the centerline intersection of "Ritter Road" and Scott Strpet" the following two (2) courses and distances: 1. From said intersection along the centerline of "Ritter Road" south 51 degrees 50 minutes 23 seconds west, a distance of 526.35 feet to a point; 2. Thence north 38 degrees 09 minutes 37 seconds west, a distance of 30.00 feet to a point on the northern right-of-way line of "Ritter Road," the point of beginning; BCO~ 33 PACE 631 r .D ~~ O;:~ -.I ..., :?~ ""Iiii ,.., Q;i., '..::l .. - --:., ~=- , .;:- : $ v> -< ., C:',- z~ ~J:l ;(. :i.:: ~() '{-'I :')In :;'-., '::.t ~., ).. .. 'Jl '9. ~ " ..J. '"~ .. - c- r c:' r-,. ;: , , r'