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HomeMy WebLinkAbout03-6058WAIVER OF MECHANIC'S LIEN CONTRACTOR: OWNER: AGENCT for OWNER PROJECT: PREMISES: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 Corporate Gateway General Partnership 8815 Corporate Center Dr. Suite 400 Columbia, MD 21045 Corporate Realty Mgt. 6360 Flank Drive Ste. 1000 Harrisburg, PA 17112 Zurich Downsize 5070A Ritter Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. WHEREAS, on 11/18/03, Owner and Contractor entered into an agreement for the above-referenced Proiect, 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 nor any other person furnishing labor or materials to the said Contractor under the agreement entered into between the parties shall file any Mechanic's Lien against the said land, building, improvements or any part thereof (the "Project") or against the Premises on account of the performance of any labor or the furnishing of any materials with regard to the Proiect. 2) 3) 4) 5) 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. In order to fully protect the Owner or Lessee as applicable 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,/ts 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 t/me-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. Any legal fees, court costs, or other expenses incurred by Owner or Lessee as applicable with regard to a Mechanic's Lien filed by Contractor or any of its subcontractors or suppliers, shall be payable by Contractor to Owner or Lessee as applicable upon demand. IN WITNESS WHEREOF, Contractor, intending to be legally bound hereby, has caused this instrument to be duly signed this 18th day of November, 2003. Agent For The Owner: Name: Dale Pears Title: Sr. Property Manager ~ion, Inc. Perry L. Smith, President Contractor: \\SBSE~VER\do=\Word\Wa~vers\CP~M\zur~ch down.doc NO¥-18-200B ?UE 02~17 PM ORM OOP? FAX NO, 717 871 9880 P, 02 Pennsylva~ia corporation, by deed ~:om Gladys Fish and Margaret A cer~ifica~ ~howing the m~rger ~as ~eeurded August 3%, 1~75 in the Offic, of ~ec~der of Deed~ o~ Cumber~snd County. Penn- Unde~ an~ ~ub~e¢~ to existing coven:~nt$, and ea~ement~ Of Und~ ~%nd subject to Re¢orde~ Pro~ectlve Covenan~ for Rossmoyn~ Bus£ncst~ Cci%ret, recorded on September 9/1988 in the office of ~e¢ozdar of Deeds for C~%berland County, in Mi=c. Book ~54, Page 570.