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Home My WebLink About03-1892WAIVER OF MECHANIC'S LIEN~ CONTRACTOR: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 OWNER: Dan Jones P.O. Box 7270 Mechanicsburg, PA 17050 PROJECT: Tenant Fit-out for GMAC PREMISES: 3216 Trindle Road Camp Hill, PA 17011 WHEREAS, on April 18, 2003, 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. , 1) 2) 3) NOW THEREFORE, Contractor agrees as follows: 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. 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. 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, 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 18th day of April, 2003. Owner: Dan Jones Name: Dan Jo~e~/ Title: Owner Contractor: Gateway Construction, Inc. Title: Vice-President \\Sbserver\d°t\W°rd\Waivers\gmac. doc .............. o/ Fu,u oj, ttt~ Lrra~ttees, at or oejore tne seattng ana aeltvery oj tnese presents, tne recetpt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these, presents grant, bargain'sellandc°nveyunt°theGranteesf°rever' ~'[~ .~/~_~,,~t~ i~., C~4[~ ~pl~ IZO[[ ALA THOSE CERTAIN three lots or pieces of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumboriand and Commonwealth of Pennsylvania, more particularly described as follows.. TRACT No. 1: BEGINNING at a point on the northern line of the Trindle Road; thence in a northerly direction along the eastern line of Chestnut Street as laid out on the Plan of Lots hereinafter mentioned two hundred thirty-six and one-tenth (236.1) feet to a point; thence in an easterly direction along the line of Lots Nos. 2 and 3 of the hereinafter mentioned Plan of Lots ninety-four and seven- tenths (94.7) feet, more or less, to a point; thence in a southerly direction along the line of Tract No. 3 herein twenty-two and two-tenths (22.2) feet; thence · n a westerly direction along the line of Tract No. 2 herein forty-two (42) feet to a point; thence in a southerly direction along the line of Tract No. 2 herein one hundred ninety-eight and. fifteen one-hundredths (198 15) feet to the place of BEGINNING. · BEING Lot No. 20 on a Plan of Lots laid out by John F. Dapp, et al., and known as Plan of the Rupp Tract, recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book 1, page 14. TRACT NO. 2: BEGINNING at a point in the middle of the Trindle Road; thence east forty-two (42) feet along said road to a point; thence north along the line of Tract No. 3 herein two hundred five (205) feet to a point; thence west along Tract No. 1 herein forty-two (42) feet to a point; thence south along Tract No. 1 herein two hundred eleven (211) feet to the place of BEGINNING. TRACT NO. 3: BEGINNING at a point on the northern line of the Trindle Road at the southeastern corner of Tract No. 2 herein; thence in a northerly direction along Tract No. 2 herein; thence along Tract No. 1 herein, thence along Lot No. 2 of the Plan of Rupp Tract a total distance of three hundred (300) feet, more or less, to a point; thence in an easterly direction along Lot No. 2 of the Plan of Rupp Tract ten (10) feet to a point; thence in a southerly direction by a line parallel with the first course in this tract three hundred (300) feet, more or less, to Trindle Road; thence in a westerly direction along the northern line of the Trindle Road ten (10) feet to the place of BEGINNING. SAID three tracts of land are improved with a two-story office building. BEING the same three tracts of land which Resolution Trust corporation, Receiver for Hill Financial Savings Association by Deed dated June 18, 1991 and recorded July 3, 1991 in the Cumberland County Recorder, s Office in Deed Book ~E", volume 35, page 963, granted and conveyed unto 3216 Associates a Pennsylvania General Partnership. ,