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HomeMy WebLinkAbout03-5046WAIVER OF MECHANIC' S LIENS CONTRACTOR: Gateway Construction, 5 Radam Street P.O. Box 247 Summerdale, PA 17093 OWNER: First Industrial Pennsylvania, LP C/o First Industrial Realty Trust 2780 Commerce Drive Middletown, PA 17057 PROJECT: Enlarge Overhead Door Openings For Nestle Purina Pet Care PREMISES: 350 Silver Spring Road Hampden Township Mechanicsburg, PA 17050 WHEREAS, on August 12, 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 UA" 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 12th day of August, 2003. Owner: Contractor: \ \ SBSERVER\dOt \Word\waivers\ fir3 0 6 .doc First Industrial Pennsylvania, LP c/o First Industrial Realty TrusS ~ By: J~ffrey Thomas, Regional Director Gateway~r~tion, Inc. Signed:~ By: Perr~L. Smith, President ~IIBIT "LEGAL DESCRIPTION" ALL THAT CERTz~N tract of land situate partly in tt~ Borough of Mechanicsburg and partly in Hampden Towns!tip, Cumberland County, Pennsylvania, more particularly bounded and described as t:bllows: BEGINNING at a poin;, in the center line of Brandy Lane marked by a railroad spike, which point is 2,060.32 feet fi'om the intersection of the center lines of Brandy Lane and Berkshire Lane as measure.~l a' ong the center line of Brandy. Lane on a course South 43 degrees 46 minutes West; lher ce in the center line of said Brandy Lane S~mth 43 degrees 46 minutes West 548.91 feet to a bolt in line of land now or late of Joseph M. Herron; thence along said last mentioned land North 46 degrees 20 minutes West 456.84 feet to a railroad spike in the center line of a pt,blic road known as Old Silver Spring Road.. 'also known as Old Legislative Route No. 21051; :hence in the center line of said Old Silver Spring Road North 30 degrees 20 minutes West 843.61 feet to a ra/lroad spike; thence along other land of Harrisburg Area Industrial D~'~elopment Corporation of which this described tract was formerly a part, North 59 degees 40 minutes East 750 feet to a concrete monument; thence continuing along said last raen;ioned land South 30 degrees 20 minutes eat'h 1,094.98 feet to a point, the Place of BEGINNrNG. CONTAINING an area of 20.005 acres, more or less. TOTAL.