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WAIVER OF MECHANIC'S LIENS
CONTRACTOR:
Gateway Constructicm, Inc.
5 Raydom Street
P.O. Box 247
Summerdale, PA 17093
OWNER:
FR Development Services, Inc.
311 South Wacker Drive
Suite 4000
Chicago, II 60606
PROJECT:
Hampden North
PREMISES:
270 Silver Spring Road
Hampden Township
Mechanicsburg, PA 17050
WHEREAS, on October 16, 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:
1) 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 immediately 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 waiver is an independent covenant, and shall operate
and be effective regardless of Owner's performance under the
agreement between Owner and Contractor. Furthermore, this
Waiver shall extend to and be effective with regard to any
supplemental contract for extra work to be performed
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relative to the Project.
4) In order to fully protect the Owner and the Premises against
any Mechanic's Lien claim 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 ASatisfied@ 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 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, intending to be legally bound
hereby, has caused this instrument to be duly signed this
16th day of October, 2000.
Owner:
FR Devel~t Service,. Inc.
Signed: ~
By: Jeff Thomas, Regional Director
Contractor:
Gateway Construction, Inc.
Signed:
By: Perry L. Smith, President
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215 972 7725 TO 17177284481~-
P.02/02
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~' ~CT 16 2000 16: 35 FR 5 E R 5
EXHIBIT K A"
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ALL THAT CERTAIN tract or land situate in the Township of Hampden, County of
Cumberland and State of PeIUlSylvania, shown on and described in accordance with the
Topographical Plan for Kiuney Shoe Corporation as prepared by D.P. Raffensperger
Associates dated November 14, 1979 as revised February 22, 1980.
BEGINNING at a point in the centerline of Old Silver Spring Road at the dividing line
between Lots 5-A and 2; thence along the cemerline of Old Silver Spring Road and beyond
crossing New Silver Spring Road (L.R. 21051) North 30 degrees 20 minutes a distance of
411.17 feet to a point; thence along lands ofW.D.C. Incorporated North 11 degrees 15
minutes East a distance of 181.03 feet to a point; thence crossing New SUver Spring Road
(L.R. 21051) and along lands of Cresline Plastic Pipe Company Inc.. North 76 degrees 19
minutes 38 seconds East a distance of 689.08 feet to a point; thence along Lot No.6 by a
curve to the left having a radius of 725.00 feet to an arc distance of 210.82 feet (said curve
having a chord bearing of South 22 degrees 00 minutes 11 seconds East and a distance of
210.08 feet) to a point; thence continuing along Lot No.6 and 5, South 30 degrees 20
minutes East a distance of 141.12 feet to a point; thence along Lot No.5-A. South 59 degrees
40 minutes West a distance of 749.80 feet to the Place of BEGINNING.
CONTAINING 7.936 acres and being Lot No. 2 of the Final SUbdivision Plan for Harrisburg
Area Industrial Development Corporation recorded in the Office of the Recorder of Deeds in
and for Cumberland County in Plan Book 34, page 106.
BEING the same premises which Harrisburg Area Industrial Development Corporation by
Deed dated August 19, 1980 and recorded in Cumberland County, in Deed Book B 29 page
330 conveyed unto Kinney Service Corporation, a Delaware corporation.
05487.01
iiQo.~ 159 PAGE 27
** TOTAL PAGE.02 **
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