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Home My WebLink About99-06017No, qq- U011 MLO AGREEMENT AND WAIVER OF MECHANICS' LIENS (For Contractor) To be indexed against: GATEWAY CONSTRUCTION, INC., as Contractor for index purposes, Plaintiff V. TWO HUNDRED TEN GRANDVIEW LIMITED PARTNERSHIP, as Owner for index purposes, Defendant and TWO HUNDRED TEN GRANDVIEW LIMITED PARTNERSHIP, as Owner for index purposes, Plaintiff V. GATEWAY CONSTRUCTION, INC., as Contractor for index purposes, Defendant AGREEMENT AND WAVIER OF LIENS (for Contractor) KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, GATEWAY CONSTRUCTION, INC. ("Contractor"), has entered into a written contract dated SF7r fa6r2 ar , 1999, as the same may be amended from time to time ("Agreement"), with TWO HUNDRED TEN GRANDVIEW LIMITED PARTNERSHIP ("Owner"), owner of the real estate located at 210 Grandview Avenue, East Pennsboro Township, Cumberland County, Pennsylvania, as more particularly described in Exhibit "A" attached hereto ("Premises"), for the making of certain renovations and related structures, systems and improvements ("Improvements") located on the Premises; and WHEREAS, Allfirst Bank has advanced or will advance to Owner, subject to the terms of its loan documents, certain funds secured by a mortgage which will encumber the Premises; and WHEREAS, it is the intention of Owner and Contractor that (a) neither the Premises, the estate or title of Owner in the Premises, the Improvements, erected or to be erected thereon, nor the curtilage or curtilages appurtenant thereto (all of the aforesaid hereinafter referred to as the "Project") shall now or hereafter be subject to a mechanic's lien of any kind for any debt or debts due by Owner to Contractor or for any debt or debts due by Owner or Contractor to any subcontractor, materialmen, laborer or other party (Contractor and all other subcontractors, materialmen, laborers and other parties are hereinafter individually and collectively referred to as the "Waiving Parties"), whether such debt or debts be for contracts or subcontracts executed or for materials, labor, work, superintendence, goods or services furnished or supplied in connection with the erection and construction of the Improvements; and (b) the right of anyone, including all Waiving Parties, to claim any such lien be waived hereby; C:LLWORMUMMMG092099G.WPD -2- NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration of the entry by Owner into the Agreement and for the benefit of Owner and Lender does hereby, for Contractor and any and all of the other Waiving Parties, expressly waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim and does covenant and agree that no mechanics' lien, claim or intention to file any lien or claim shall be filed or maintained by or in the name of Contractor or any of the other Waiving Parties against the Project, or any interest of Owner or Lender therein, for or on account of any work done or materials furnished under the Agreement or under any supplemental contract, verbal or written, or contract for extra work for or about the management, superintendence, erection, construction, alteration, repair and completion of the Project, or any part thereof, or preparation therefor, or any of them or otherwise. THIS AGREEMENT waiving the right of lien shall be an independent covenant. In order to give Owner and Lender full power and authority to protect the Project against any and all mechanics' liens, claims or intentions to file liens or claims filed by any of the Waiving Parties or in violation of this Agreement, Contractor, for Contractor and all other Waiving Parties hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any attomey of any other court or jurisdiction there or elsewhere, to appear in any said courts or jurisdiction for Contractor, and all Waiving Parties, or any of them, as many times and as often as Owner deems necessary, and to mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialmen, laborer or other party, any and all claim or claims, lien or liens, intention or intentions to file lien or claim filed by or form them or any of them, or in his, its or their name against the Project, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court term and number or place in which this Agreement and Waiver shall have been filed shall be a sufficient exhibit to the authority herein contained to warrant such action; and Contractor, for Contractor and all Waiving Parties, does hereby remise, release and quit-claim unto Owner and Lender, their personal representatives, heirs, successors and assigns, and each of their certain attorney or attorneys any and all manner of error and errors, defects and imperfections whatsoever in entering such satisfaction or any wise touching or concerning the same. C:%LW01 KXSUMWnG0920990.WPD -3 - This Agreement and Waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, the county in which the Project is situate, in accordance with the requirements of Section 402 of the Mechanics' Lien Law of 1963 (49 P.S. Section 1402). All of the foregoing waiver provisions and remedies herein contained shall be available to and for the protection of Owner and Lender, and their personal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, these presents have been duly executed this-??tFlay of 1999. ATTEST: Name: Title: C91.W0KK%UP^1MG09]099G.WPD -4- GATEWAY CONSTRUCTION, INC. Contractor EXHIBIT A 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 18, 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 91 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 minutes 15 seconds East, a distance of 157.56 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 of 285.38 feet to a point; thence by same, South 52 degrees 04 minutes West, a distance of 335.28 feet to the place of BEGINNING, 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 11 minutes 15 seconds East, a distance of 139.91 feet to a point; thence continuing along same, South 64 degrees 56 minutes 15 seconds East, a distance of 82.44 feet to a point at the northeast comer of Tract 91 hereinabove described; thence along the northern line of Tract #1, South 52 degrees 04 minutes 00 seconds West, a distance of 223.18 feet to a point; thence along lands now or formerly of The Home for the Friendless, North 37 degrees 56 rginutes 00 seconds West, a distance of 20.00 feet; thence continuing along same, North 52 degrees 04 minutes 00 seconds East, a distance of 140.66 feet to a point; thence C:V.W01WSUW,9'nG092099G.WPD -5- continuing along same, North 23 degrees 11 minutes 15 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 Systems Corporation. C:1LW0FLWSUhA971G09Z099G.WPD -6- 4 f _ : ll. •a. '_ . Ll U C ? i c , U u f v u vl d ? 9 Q V D 0 00 N 9 a' 1-4