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Home My WebLink About00-07737 , #06-7737 /l1i]) WAIVER OF MECHANIC'S LIENS CONTRACTOR: Gateway Construction, Inc. S Raydom Street Summerdale, PA 17093 OWNER: Brown, Schultz, Sheridan & Fritz PROJECT: Reager, Adler, and Cognetti II Renovations PREMISES: 210 Grandview Avenue Camp Hill, PA 17011 WHEREAS, on September 26, 2000, Owner and Contractor entered into an agreement for the above-referenced Project, which is located on the parcel of property set fourth 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 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 claim which may be filed by Contractor or its subcontractor or supplier in violation of the covenants contained herein, Contractor, for itself, its subcontractor, and suppliers, f.""""'-""""'" "~ ~ , I hereby irrevocably authorize 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 suppler of Contractor is expressly agreeing to the terms of this instrument an 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 causes this instrument to be duly signed this 26th day of September 2000. Owner: Brown By: Printed Name: r]/Wt{"'- ~ ~.t;v,",;:l Title: f4{yJ Contractor: Gateway construc~n, Inc. By,t(~ ;r~ prin ed Name: Mark Simpson Title: Vice President l'~~; '1 . ~ ~," . . I EXHIBIT A TRACT #1: ALL THAT CERTAIN tract of land in East Pennsboro Township, Cumberland County, Pennsylvania, being Lot No. 2-A of the Resubdivision Plan of Lot No.2, Richard R. Cramer and Michael T. Morris, prepared by D. P. Raffensperger Associates, dated March l8, 1976, last revised July 12, 1976, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, on September 13, 1976, in Plan Book 28, Page 114, bounded and described as follows, to wit: BEGINNING at a point in the center line of Grandview Road, said point being a distance of 460.38 feet north of the center line of Poplar Church Road; thence by the center of Grandview Road, North 37 degrees 56 minutes West, a distance of 30.0 feet to a point at line of Lot #l on the Subdivision Plan of Richard R. Cramer and Michael T. Cramer, recorded in Plan Book 25, Page 79; thence by same, North 52 degrees 04 minutes East, a distance of 558.46 feet to a point at land now or formerly of Berger Associates; thence by same, South 64 degrees 56 rninutes l5 seconds East, a distance of l57.56 feet to a point at lot now or formerly of Chapel Hill United Church of Christ; thence by same, South 37 degrees 56 minutes East, a distance of 175.0 feet to a point at line of Section # l, Long Meadows; thence by same, South 52 degrees 04 minutes West, a distance of 294.72 feet to a point at line of Lot #2 (plan Book 28, Page 114); thence by same, North 37 degrees 56 minutes West, a distance of285.38 feet to a point; thence by same, South 52 degrees 04 minutes West, a distance of 3 3 5 .28 feetto the place of BEGINNING. TRACT #2: ALL THAT CERTAIN parcel of land, situate adjacent to Grandview Road, East Pennsboro Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the southern line of Grandview Road, said point being at the northwest comer of lands now or formerly of Berger Associates; thence along the line of lands now or formerly of Berger Associates, South 23 degrees II minutes l5 seconds East, a distance of 139.9l feet to a point; thence continuing along same, South 64 degrees 56 minutes l5 seconds East, a distance of 82.44 feet to a point at the northeast corner afTract #l hereinabove described; thence along the northern line of Tract #l, South 52 degrees 04 minutes 00 seconds West, a distance of 223, l8 feet to a point; thence along lands now or formerly of The Home for the Friendless, North 37 degrees 56 qJinutes 00 seconds West, a distance of20.00 feet; thence continuing along same, North 52 degrees 04 minutes 00 seconds East, a distance of l40.66 feet to a point; thence C:IL WDRKISUMMI1\G092099G.WPD - 5 - r~I\;';"""""~'''''''''f~ = , ~"""'"'l ^~,~~I" f continuing along same, North 23 degrees II minutes l5 seconds West, a distance of 203.08 feet to a point on the southern line of Grandview Road; thence along the southern line of Grandview Road, North 66 degrees 48 minutes 45 seconds East, a distance of 30.00 feet to a point, being the place of BEGINNING. HAVING thereon erected a commercial office building known and numbered as 210 Grandview Road, Camp Hill. BEING the same premises which East Penn Industrial and Commercial Development Authority, by its deed dated October 19, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 113, Page 852, granted and conveyed unto Electronic Data Systerns Corporation. C:\L WORK\S1JJ'JMIT\G091099G.WPD -6- :IJ/<'~="'T" -, ~ ~--~" ~"~ ~-"~., T \ ~ D 2 (~ 0 C> c:::> -" D":: -, :;%: ....,--!- So ~ -on:, r.;:> -' .,--~ (3 ..~ r-, rnrp i1~ - -;1' '~J' -::J}-"'? C- V ;~t,~ ~j)2- ':.~\~ W CJ1 -:d ""C' :p' ---D I.... .' (~:'n ~ U '<-.. :J,I: "1>'.-_ ~5r-n -I:: '7\-.< --= (J - d2. );.<= ~ & ..ct) ~ W (T' =< -0 "_I~~ r 1lI~lR'_fJ~~.~", :w.~ <, . ~~.".P-'r".t-,,,~~\~;"'I'!ll"~li"'_':''''''<~'''T'~-'''' >">""I,,-,j"~t'i,'n""'~"~~,!:R"II",j'F~)rJ,,,,H."i-i<'R"'ffiR'!!:~~~ , _"fl~