HomeMy WebLinkAbout97-01641
MECHANICS' LIEN WAIVER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
To Be Indexed As Follows:
FIRST INDUSTRIAL PENNSYLVANIA, L.P.
Plaintiff
vs.
GATEWAY CONSTRUCTION, INC.
Defendant
MECHANICS' LIEN DOCKET
NO. q7- /~lj/ /l11.J)
and also as follows:
GATEWAY CONSTRUCTION, INC.
Plaintiff
vs.
FIRST INDUSTRIAL PENNSYLVANIA, L.P.
Defendant
Property:
The property owned by First Industrial Pennsylvania, L.P. located partly in
Mechanicsburg Borough and partly in Hampden Township, Cumberland
County, Pennsylvania, and more particularly described on Exhibit" A" attached
hereto and made a part hereof.
F. MICHAEL WYSOCKI, ESQUIRE
3800 Centre Square West
Philadelphia, PA 19102
Attorney ID No. 16159
1901111 )126197
WAIVER OF MECHANICS' I.lENS
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, GATEWAY CONSTRUCTION, INC. (hereinafter called
"Contractor") has executed an agreement ("Contract") to erect, construct, alter, renovate or
repair improvements upon the property ("Property") of FIRST INDUSTRIAL
PENNSYLVANIA, L.P. ("Owner") located partly in Mechanicsburg Borough and partly in
Hampden Township, Cumberland County, Pennsylvania and more particularly described on
Exhibit "A" attached hereto and made a part herof.
WHEREAS, as part of the Contract, Contractor agreed that no lien shall be
filed against the Property or any building or improvements thereon by itself or by any
subcontractor or materialmen or any other person furnishing labor or materials under the
Contract, and agreed to execute and deliver a Waiver of Liens for filing.
NOW, THEREFORE, in consideration of the execution of the Contract,
Contractor, intending to be legally bound hereby, for Contractor. for all subcontractors of
Contractor, and for all parties acting for, through or under Contractor or any subcontractor,
covenants and agrees that no mechanic's lien or claim shall be filed or maintained by
Contractor or any such subcontractor or party, against any part of the Property or any
building or improvements thereon, for or on account of any labor or materials furnished or
any work done under the Contract, or in or about the erection, construction, renovation,
alternation, installation or completion of the work; and Contractor, for Contractor, for any
and all subcontractors and for any and all parties acting for, through or under Contractor or
any subcontractor, hereby waives and relinquishes the right to have, file or maintain any
mechanic's lien or claim against any part of the Property or any building or improvements
thereon.
This Waiver is made by Contractor and intended to be filed in accordance with
the requirements of the Pennsylvania Mechanics' Lien Law of 1963, as amended and
supplemented, with the Prothonotary of the Court of Common Pleas of the County in which
the Property is located.
Each of the terms, provisions, covenants and conditions of this Waiver shall,
as the case may be, be binding upon and inure to the benefits of Owner, Contractor, each
subcontractor of Contractor, and each party acting for, through or under Contractor, or such
190IIl,llnlm
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subcontractor, and the respective heirs, executors, administrators, successors and assigns of
each and any of them.
I
IN WITNESS WHEREOF, Contractor and Owner have duly executed this
instrument as of the ~ day of (Y\ q r ~ , 1997.
I
I
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Owner:
FIRST INDUSTRIAL PENNSYLVANIA,
L. P. b its sole general partner. First
Ind . I arrisburg Corporation
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Print name: ~~~ M\JStc.Je\lo
Print tit~e: <;: ~"i) ~(,~
Contractor:
NSTRUCTION, INC.
By:
Print name: ?ett; _ C-~ If/,
Print title: f~tM
19011],1 JIH191
-3-
EXHIBIT "A"
ALL THAT CERTAIN tract of land situate partly in the Borough of Mechanicsburg and
partly in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and
described as follows:
BEGINNING at a point in the center line of Brandy Lane marked by a railroad spike,
which point is 2,060.32 feet from the intersection of the center lines of Brandy Lane and
Berkshire Lane as measured along the center line of Brandy Lane on a course South 43 degrees
46 minutes West; thence in the center line of said Brandy Lane South 43 degrees 46 minutes
West 648,91 feet to a bolt in line of land now or late of Joseph M. Herron; thence along said
last mentioned land North 46 degrees 20 minutes West 456.84 feet to a railroad spike in the
center line of a public road known as Old Silver Spring Road, also known as Old Legislative
Route No. 21051; thence in the center line of said Old Silver Spring Road North 30 degrees 20
minutes West 833.61 feet to a railroad spike; thence along other land of Harrisburg Area
Industrial Development Corporation of which this described tract was fonnerly a part, North 59
degrees 40 minutes East 750 feet to a concrete monument; thence continuing along said last
mentioned land South 30 degrees 20 minutes each 1,094.98 feet to a point. the Place of
BEGINNING.
CONTAINING an area of 20.005 acres, more or less.
,
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