HomeMy WebLinkAbout03-2641WAIVER OF MECHANIC'S LIENS
CONTRACTOR:
OWNER:
PROJECT:
PREMISES:
Gateway Construction,
5 Radam Street
P.O. Box 247
Summerdale, PA 17093
The SEJAC Group, LLC.
886 Moores Mountain Road
Lewisberry, PA 17339
Tenant Fitout for Remax Realty
161 Old Schoolhouse Road
Upper Allen Township
Mechanicsburg, PA 17055
WHEREAS, on May 14, 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 hA" 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)
4)
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 relative to the Project.
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 ~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 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 14th day of
May, 2003.
Owner:
Contractor:
The
SEJAC .
Signed:
By: Eric G. Unger
Gateway Co~ _~~n~Inc.
Signed: _
By: Perry L. Smith
Title: President
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WEN~ER WEIDNER-
7172~44~24;
.:.LL T; ;AT CERTAIN parcel of land, situate in the Township of Upper Allen, Cumberland
..... : ........ :.Mn ~, bounded end described to wit:
BEGINNING at a point, said point being located on the northern right-of-way line of Cia.
School House Lane; thence continuing along lands of Lot No. 2-J, now or formedy of
Cumberland Business P~rk Associates by a bearing of North three degrees fifty-fiv~
minutes twenty seconds East (N 03° 55' 20" E), a distance of two hundred seven and two
hundredths (207.02) feet to a point; thence continuing along lands of Lots 2-D and 2-E,
now or formerly of Cumberland Business Park Associates by a beadng of South eighty-
six degrees four minutes forty-eight seconds East (S 86° 04' 48" E), a distance of two
hundred thirty-seven and forty-five hundredths (237.45) feet to a point; thence continuing
along lands of Lot No. 2-H, now or formerly of Cumberland Business Park Associates by
a beadng of South three degrees fifty-five minutes twenty seconds West (S 03° 5.5' 20"
W), a distance of two hundred seven and two hundredths (207.02) feet to a point, said
point being located on the northern right-of-way line of Old School House Lane; thence
continuing along the northern dghtoof-way line of Old School House Lane by a bearing of
North eight-six degrees four minutes forty-eight seconds West (N 86° 04' 48" W), a
distance of two hundred thirty-seven and forty-five hundredths (237.45) feet to a point,
said point being the place of BEGINNING.
BEING situate on Schoolhouse Lane, Lot 2-1, Cumberland Business Park, Plan Book 76,
Page 132
BEING THE SAME PREMISES which Homestead Trust #5, Michael Cherewka,
Trustee; and Mid Penn Bank, by deed dated Apd116, 19!~9 and recorded April 21,
1999 in Cumberland County Deed Book 197, Page 934, granted and conveyed unto
Eric Unger, an adult individual, Grantor herein.