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Home My WebLink About00-05157 ",-f.1i"""""""' ,. . -/', Contractor: Owner: Project: Premises: (as > ,~~ . - lldillil"*ll.!,,,,,; 4100-5/0'7 ftZL6 WAIVER OF MECHANIC'S LIENS Gateway Construction, Inc. P.O. Box 247 Summerdale, Pennsylvania 17093 (hereinafter "Contractor' Corporate Development Services 8815 Centre Park Drive Columbia, MD 21045 (hereinafter 'Owner' DMG Inspection Rossmoyne Business Center (hereinafter "Project' 5035 & 5070 Ritter Road, Upper Allen Township, Cumberland County, Pennsylvania more fully described on Exhibit "A" attached hereto) (hereinafter "Premises' WHEREAS, on June 20th, 2000, 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 supplemental contract for extra work to be performed relative to the Project. 4) In order to fully protect the Owner and the Premises against any Mechanic's Lien claims which may be filed by contractor or its subcontractors or suppliers in violation of the covenants contained herein, Contractor, for itself, its subcontractors, and suppliers, hereby irrevocably authorizes and empowers any attorney of any court of record in and for the Commonwealth of Pennsylvania to appear for it, them, and any of them in any of the courts of Common Pleas of the Commonwealth of Pennsylvania as Attorney for it, them, or any of them and, in the name of any claimant who files a lien against the Project or the Premises, mark "Satisfied" any such lien at the cost and expense of the contractor and of any such Mechanic's Lien claimant. For such action, this instrument or a true and correct copy hereof shall be sufficient warrant. This warrant of attorney shall not be exhausted by any single exercise, but may be re-exercised from time-to-time at any time that a Mechanic's Lien has been filed against the Project or the Premises. By furnishing labor or materials with respect to the Project, each subcontractor and material supplier of Contractor is expressly agreeing to the terms of this ~ _ J _ '" .j . ''L DMG Engineer's List Page 2 instrument and authorizing the exercise of this warrant of attorney against it. 5) Any legal fees, court costs, or other expenses incurred 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, intn to be legally bound hereby, has caused this instrument to be duly signed this /1 day of , 2000. Owner: CO ORATE DEVELOP ENT SERVICES I i-L'-- By: . hi g.1aylev Print title: -PV"~du. f Contractor: G~TEWAY CONSTR~~ION, IN~. BY'~/ ~_ ~~- Print name: Mark A. Simpson Print title: Vice President '~;\:.':"E/~~ . \,,: . : .... '~'... - ~ , -..... .... :..( . ., " ~ "'"' ~ R. ;f)~ '" '" " ~ o --.. .... "'"' " '" o?~ --.. ::>;j " " o "1 R. " .., ..' - '" --.. o "1 '" '" " p; '" ., ',', " '.~ ~'.~ . . . .' ..' '\ ,. c;; c;. " ~ " '" R. '" .., " ~ ~;:"::;;J o ..... " "', u 8 ...., .., co ~ ~~~ -. ;,- t: c.;' .... "'"' " '" '" ~ i; o ~ ~R. " '" - .., " <0' W.'?" ( .i '-t. \.)J (;, " o --.. R. ~ '" " .., R. '" ~ .... .... 0 " --.. <0 ;;, ~ 'l:JCJ '" 0 <Q " '" ~ .... ~'::. (jJ ~ .......b '" " R. -~ ./ ))05j (3 R t:l t ::I ;:; - ::I <c 6 t:l ::I .... t: ., ~ n :: c 3 b U -. CD 1!rl ti ., l--' III i;; ::J <2- 0. " g 5' meeb From A Corpor:nion to a Corporation . ]from ....~I':'~.1:.0......L..':'.f1.?.....~....r..1l1.p.:r..?.y.."'.:.......... "..m.e.J:l.t....CQ.X: pOxCl"ti.o.o..........."................ ---v-- (jjn In !!' ~ en ~ ....R9.Y..9.~.....~".b.;;;.9.0.c;.i.;;tt!;:.9.....:::.....5.Q.3. 5 "..R.t.tt.~.r."..R.9.8.Q.....1.j,.m.t.:\;.!eg.....~.];.tDersc:ip Fees, $ ~ ~ G. S. Rod:cy Co. 63~O Derry SI., Harrisburg, Po. Phon. 564.0860 ~ , ~- ..-- fillJl.W: 1cell and truly paid by the 4'aid purty vf the second part, at or before the scaling and dl'- livery of these presents, the receipt wherevf i. hereby acknowledged, has granted. l)argoilled, Jold, aliened, enfeoffed, rcleased, conveyed and eOltfinned, and by these Presenls does grant, bargain, Nelf. Illirn, enfeoff. relcllse, conve!! alld confirm 1/.nto the sait! party I)f the .;cconrl ]iart. its representatives, successors, heirs 117td A.1.1irJlI.\' All that certain land and premises situate in Upper Allen Township, Cumberland County, Pennsylvania being Lot #D-2 in Final Subdivision Plan of tracts "D" & "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 Street" 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; BcoKif 33 rm 631 d < " " thence from s~id point of beginntng. along the northern right- of-way line of "Ritter Road" south 51 degre~s SO minutes 23 seconds west. a distance of 515.29 feet to a point: thence along other lands now. or formerly of Smith Land & Improvement Corporation. north 38 degrees 09 minutes 37 seconds west. " distance of 423.38 feet to a point on the southern right-of- way line of U.S. Route 115 (L.R. M123); thence along the southern right-of-way line of U.S. Route ~15 on an ore of a curve curving to the right having a r~diu~ of 270G,79 ~~d ~~ arc leng,th of 312.85 feet to a point; thence along the same north 51 degrees 04 minutea 37 seconds east, a distance of 203.38 feet to a point; thence along Lot ND-1 south 38 degrees 09 minutes 37 seconds east. a distance of 447.77 feet to ~ point on the northern right-of-way line of "Ritter Road." being the point of beginning. Said tract contains 227.147.98 square feet or 5.215 acres. Being part of the property acquired by Interchange 17, Inc., a Pennsylvania corporation. by deed from Gladys Fish and Margaret Feeser. Executrices under the Last Will and Testament of Margaret D. Miller. dated April 1, 1965, arid record~d April 1, 1965 in Cumberland County Courthouse in Deed Book N Vol. 21, Page 822. Effective June 1, 1975 (Merger Agreement dated May 2J. 1975), Interchange 17. Jnc., and other corporations. all merged into L. B. Smith of New York, Inc., a corporation of the State of Delaware. which corporation survived the merger and changed corporate name in the merger to Smith Land & Improvement Corporation, party of the first part herein. A certificate showing the merger was recorded August 31. 1975 in the Office of Recorder of Deeds of Cumberland County, Penn- slyvania in Miscellaneous Book 216 Page 447. Under and subject to existing covenants, and easements of record as applicable. Under and subject to Recorded Protective Covenants for Rossmoyne Busines~ Center, recordeu on September 9, 1988 in the Office of R~corder of Deeds for Cumberland County, in Misc. Book 354, Page 570. ~111jlP,1 f!uvc ~ Co..I'a. ..l.." IIMl - ....-... ~'-:7f .';,S.E%"Am<.!.. t:;t;, </..s-Q... '~il('l4. (If {./d. ,...cL/ / Cumb. c.. __ Cd. ""- -::J:..Ja/zt;.uuy? O\ot. Cumb. Co.. Pe. J"~_._1ax Z- //.,):>-8'6 Jvr<./, S{,,'!' Sl! )%~;<:<{ t/. /Ja .n UJ c-b. Co. Dlo<. Co!. Ao<. :::)~:,:......" :\';[ M,-; t 1 .:",F i=FI.J~ ~. nV':d-nt.. :~: (O:..',U,.":',I ;W~l,''!I'i :' I~ ;-':t,~r~'- ,,_,.; 1,/ -. , , ~,,: ,t,:..:" "' J:il.l"-~ ::It ",,",'. , , ~ t , '. .;".''.1 ".' + - :-,', .:,~:-"::--. '.' ~.. ,~ ,~ '... -.:. ".'-' .:" ~ .. c '. , ;:, s -- 0 .., e " '" '" ~ " p; g R. '" .., " ~ <t:' "'"' " R. -;t)~ "'"' " '" " " ~ a --.. .... "'"' '" '" ~~ --.. . --.. ~ ri '" " 0 "1 R. "'" '" <t:' .., '" " .., r ~ ..:> .? 1) "~ ;:.. .) I ~. " :::: ~ o ~ " ......" ",. u 8 >--' "1 ~~~ -. ;>- ;: t:. ~ ~ '" ..... ~ "1 g o ~ E"R. '" '" - .., " ",' d~ " o --.. R. " <t:' .... ;>" 0 " --.. '" " ~ "'CJ '" 0 <Q ., " ~ ~~. UJ ;i ____.b " '" R. ," ~~W:-i-- ./ J)05J (3 R 0 0 ::I ::I - '" .~ 0 b ~ ..., " ~ tn n - c '3 b 0' -, (D ~ Ii ~ >--' OJ ;;; :0 e= 0. c '" 5' 111eeb From A Corpof;ttion to a Corpor-onion 3Jirlll11 5111.\1::.1:_ ~a.:.r1cJf<I.rnP:r:?Y"'::hhh 'h.1TI.ell"t...CQJ;PPXCl.ti"p.I1""'hhh"" ~ \Do .. ~ ~ c.n ~ "hBQ.1J'?'~hh"&'h' .,,-e,.?Q"<:;;5,"9.J; e.Qh'"O"h"h5.Q:,lS "h.Rj,.t.,1:.~'''h.)1,9.9.q''"h1.:i,.m.:i,.t.gSJh.J>Q.".t:Dersl:ip . Fees, $ ~ ~ G, S, Rodey Co, 6340 Derry S1., Harrisburg, Po. Phon. 564.0860 Exhibit A. - <;J_&I:, u:ell and truly paid Vv the said purty vf the second part, at or before the liCaling and de- livery of these presents, the receipt 'aJhercuf i3 hereby acknowledged, has grallted. Jjnrgained, 301d, aliened. enfeoffrd, rcleasul, com;eyed and confirT/Led, and by these Presents does grant, vargain, ,\'ell, nlirn, enfeoff. rr/rnse, convey and confirm unto the said {lartY of the second pari. its representatives, successors, heirs . wul ASSIUT1,\' All that certain land and premises situate in Upper Allen Township, Cumberland County, Pennsylvania being Lot #D-2 in Final Subdivision Plan of tracts "D" & "F" Lots D-2 & F-] 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 2], 1988 in Plan Book. 55 Page 114, as follows: Beginning at a point on the northern right-of-v,ay line of "Ritter ROod" (0 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 'So minutes 2] seconds west, a distance of 526.35 feet to a po i n t ; 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; ecoHf 33 r~CE 631 thence from said point of beginning. along the northern right- of-way line of "Ritter Road" Bouth 51 degre~s 50 minutes 23 :seconds "",.est. a distance of 515.29 feet to a point; thence along other lands now, or formerly of Smith Land & Improvement Corporation, north JB degrees 09 minutes 37 secondB west, a distance of 423.]8 feet to a point on the southern right-of- ....ay line of U.S. Route '15 (L.f1. Nl23); thence along the southern right-or-way line of U.S. Route HlS on an "'-TC of "'- curve curving to the right having a radiu~ of 27nQ,79 ~~d ~~ aLc leng~h of J12.85 feet to e point; thence along the same north 51 degrees 04 minutes 37 seconds east. a distance of 203,38 feet to a point; thence along Lot HD-l south 38 degrees 09 minutes 37 seconds ea.st. a distance of 447.77 feet. to a point on the northern right-of-way line of "Ritter Road." being the poinL of beginning. Said tract contains 227.147.98 square feet or 5.215 acres. Being part of the property acquired by Interchange 17, Inc.. a Pennsylvania corporation, by deed from Gladys Fish and Margaret Feeser, Executrices under- the Last Will and Testament of Margar~t D, Miller. dated April L 1965. and recorded April 1, 1965 in Cumberland County Courthouse in Deed Book N Vol. 21, Page 822. Effective June 1,1975 (Merger Agreement dat.ed Mi:l.Y 23, 1975). Interchange 17. Inc.. and other corporations. all merged into L. B. Smith of New York, Inc., a corporation of t.he State of De1a~are. which corporation survived the merger and changed corporate name in the merger to Smith Lana & Improvement Corporation, party of the first part herein. A certificate showing the merger was recorded August 31, 1975 in the Office of Recorder of Deeds of Cumberland County. Penn- slyvania in Miscellaneous Book 216 Page 447. Under and subject to existing covenants, and easements of record as applicable. Under and subject to Recorded Protective Covenants for Rossmoyne Busines~ Center, recordeu on September 9, 1988 in the Office of Recorder of Deeds for Cumberland County, in Misc. Book 354, Page 570. ~ II !J[-e1 rJf111 ~ Co..I'a. .J,1IO.....-~.... ~'!{-,)S"If(r~ ,,&,<1.':;-2- \~Z(.('l~ (II L/~\/'l--c.IL---- / Cumb. Co. Dlo<. C<>l "<1- ~~~~~~~ J" "-' &..t. ~ 'lU 2- //~ -cf'6 """j. S&'<f. SlY ftL0;<4: 11//"," cJI~ ~o..DIot.Col.~ ~~ :::J.'.',.....,jl :\';r A;.";"! ,:-,F prr-.Jt~' ~'l,V.\t-J:t. ~: .", ."..." 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