HomeMy WebLinkAbout04-1239WAIVER OF MECHANIC' S LIEN
CONTRACTOR:
OWNER:
PROJECT:
PREMISES:
Gateway Construction, Inc.
S Radam Street
P.O. Box 247
Summerdale, PA 17093
F R DEVELOPMENT
SERVICES, INC.
200 phillips Road
Exton, PA 19341
LIST INDUSTRIES
270 Silver Spring Road
Mechanicsburg, PA
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
WHEREAS, on 3/12/04, Lessee 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 nor any other.person furnishing labor
or materials to the said Contractor under the agreement entered into between the parties shall i'fie
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 Project.
2) Contractor shah inform all subcontractors and material suppliers with regard to the Project that
Contractor has waived any rights which they may have to i'de 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 shah extend to and be effective with
regard to any supplemental contract for extra work to be performed relative to the Project.
4) In order to fully protect the Owner or Lessee as applicable and the Premises against any Mechanic's
5)
Lien claim which my be i'ded by Contractor or its subcontractor or supplier in violation of the
covenants contained herein, Contractor, for itself, its subcontractor, and suppfiers, 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.
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.
1~ WITNESS WHEREOF, Contractor, intending to be legally bound hereby, has caused this
instrument to be duly signed this 12th day of March, 2004.
Agent For
The Owner:
Contractor:
Gatew~uc~n, Inc.
By: ~r'~'
Perry L. Smith, President
\\Sbs2k3\Users~Dot~Word~Waivers\Cumberland Co~ist ind..doc
ALL THAT CBRTAIN tract or land simte Lq th~ Towoship of ~, Coun~ of
~b~l~d and S~ of Pe~ylv~, sho~ on a~ described ~ accor~nce ~ ~e
Topo~apMcfl PI~ for Ktn~y Shoe Co~oration ~ prepaid by D.P. ~ff~pe~ge~
Associates dat~ Nov~b~ 14, 1979 ~ revised Febma~ ~, 1980.
BBOlNNING at a point in ~he ecnterline of 01d Silver Spring Road at th~ dividing
beacon Lots ~-A a~ 2; ~e~e along ~e centerBne of Old S~ver Spr~ Road and beyond
crossing New Silver Sp~g Road ~.R. 21051) No~ 30 degr~s 20 minums a distance of
411.17 f~et to a po~t; ~e~ne along ~ 0f W.D.C. Ink.orated No~h 11 degrees
mi~ms Eas~ a disco of 181,03 feet W a po~t; ~en~ crossi~ New Silver Spr~ Road
(L.R. 21051) and along ~ of Cresl~e Plastic Pipe Company Ira., No~ 7~ de~ees
minums 38 seconds ~st a d~ce of 689,08 ~et m a po~t; ~en~ along ~ No. 6 by a
c~e W ~e le~ ~v~ a radius of 725.00 feet W ~ ~ ~nce of 210.82 f~t (said curve
~ving a chord bea~g of Sou~ 22 degrees 00 mLqutcs 11 s~o~s ~st a~ a distance of
210,08 feet) to a po~/; ~e~e cont~ui~ alo~ ~t No. 6 and 5, Sou~ 30 de.es 20
m~ums ~t a di~e of 141,12 ~ to a point; ~nce along ~t No. ~-A S~ 39 degrees
40 ~u~s West a diane of 749.80 ~et m ~ Place of BEG~NG.
CONTAINING 7.936 acres s,d being Lot No. 2 of the Final ~abdivision Plan for Harrisburg
Arm Industrial l~velopn~nt Corporation recorded in the Office of the Retorter of Deeds in
and for Cumberland County in Plan Book 34, pag~ 106.
BFffNG the same premises which Harrisburg Arcs Industrial Development Corporation by
Deed dated August I9, 1980 and recorded in Cumberland County. in Deed Book B 29 page
330 conveyed unto Kinney Service Corporation, a Delaware corporation.
05487.01
TOTAL PAGE.02 **