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Home My WebLink About01-03583 ,-, -~" I_H ';'~"K~'~",,~-' l-~:ii~--'~-iir~'~ ~ .. , MECHANICS' LIEN WAIVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY To Be Indexed As Follows: FIRST INDUSTRIAL DEVELOPMENT SERVICES, INC. Plaintiff vs. GATEWAY CONSTRUCTION, INC. Defendant MECHANICS' LIEN DOCKET and also as follows: NO. tJ/- 35l?3 /ltL-tJ GATEWAY CONSTRUCTION, INC. Plaintiff vs. FIRST INDUSTRIAL DEVELOPMENT SERVICES, INC. Defendant Property: The property owned by First Industrial Development Services, Inc. located in Hampden Township, Cumberland County, Pennsylvania, and more particularly described on Exhibit "A" attached hereto and made a part hereof. F. Michael Wysocki, Esq. - Pennsylvania Attorney # 16159 Saul Ewing LLP Centre Square West 1500 Market Street, 38th Floor Philadelphia, PA. 19102 Phone: 215-972-7169 Fax: 215-972-1932 users/karriJperry/lien waiverslwysocki,doC ~ _~. "=.d - ~'" I s.t. N ~ ;~It.i'--!t ~i'i~~: ^ WAIVER OF MECHANIC'S LIENS CONTRACTOR: Gateway Construction, Inc. P.O. Box 247 5 Raydom Street Summerdale, PA 10793 OWNER: First Industrial 311 South Wacker Suite 4000 Chicago, IL Development Services, Inc. Drive 60606 PROJECT: Final design and construction of approximately 40,000 square feet of Tenant Improvements consisting of warehouse and office facilities, together with related nonstructural improvements (the "Improvements") and utilities. PREMISES: Located in the Township of Hampden, State of Pennsylvania, legally described on Exhibit A. WHEREAS, on April 23, 2001, 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. ,,,-"-.,--- -".~ ~.^ " - ~ ~ ~- - - -~ """"",,,".....1 J T'Wf~~" ~'~_\I.ii"j ,,., -- ""'L," . 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 caused this instrument to be duly signed this 8th day of June, 2001. Owner: ::~velopment Name: Jeff Thomas Services, Inc. Title: Regional Director Contractor: Ga~~ian, Inc. By: ~ - Name: Perry L. smith, President users:karrijperry/waiver of mechanics/St. Thomas.doc ~- " ~~~~" I "...-~~-"'" ~ 'r~"~"~il'tt_ OCT t6 2000 16:43 FR 5 E .R 5 . 215 9n 7725 TO 131298431501:1- I-'.U/l.:i EXHIBIT M A" ALL THAT CERTAlN tract or land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, shown on land d(:scribed in accordance with the Topographical Plan for Kinney Shoe Corporation ~IS 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 centerline of Old Silver Spring Road and beyond crossing New Silver Spring Road (L,R, 21051) North 3D 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 18l.03 feet to a point; tbence crossing New Silver 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 Bast and a distance of 210,08 feet) to a point: thence continuing along LIJtNo. 6 and 5, South 30 degrees 20 minutes East a distance of 141.12 feel to a point; thence: along Lot No. 5-A South 59 degrees 40 minutes West a distance of 749.80 feet to the I'lace of BEGINNING. CONTAINING 7.936 acres and being Lot No.2 (If 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, Indu!~trial Development Corporation by Deed dated August 19, 1980 and recorded. in .culIl~rland County, in Deed Book B 29 page 330 conveyed unto Kinney Service Corporation, ,a Delaware corporation. . Slale of pennsylvania} County of Cumberland 86 Recorded in th6 office for the recording of DBIllIs ~. in nd for ~berlancl ~unty. Pa..., I In Book - Vol. - page?CI: nBssmyhlnd ~lofofflCeP.f. _' n.l- Carlisle. PA tI1II clay of ~ , 9.::L. ~jj?;::' ..,.,.":;~':.1.~\., ',: . ....,.~....:.:-::--I:.~ . .""....,....'!"'~,.,., ,. '....._I...I'!::,"" , ,.. '^ ('I '::. JI:,~~ I CO 'l,'~'1 .... ........' .J;s:;'lIii25:~0': - ,,' ~ ." C)'\.::t,::~~"~~;.I.~ '.. '~,f~ . -/e.,."., ~.,-';., ~/''''':' ',0' . 1.\ . YJ"''''';'':' '.r~.._...~ " . ".... 'l:~':" I, .:'" 'i.\:~1-\~loIi ",'i1'4 'r ,!"'o... r.,~;.e,'''~'''''\\.o(,:",; . 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