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HomeMy WebLinkAbout04-1521WAIVER OF MECF~ANIC'S LIEN CONTRACTOR: OWNER: PROJECT: PREMISES: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 KEYSTONE OPERATING PARTNERSHIP LP 200 Four Falls Corp. Center Suite 208 West Conshohocken, PA 19428 NEW METAL CEILING : : 1440 Sheffler Drive Suite 100: Chambersburg, PA : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. ~*/~/(o~/ ~ &Z) WHEREAS, on 3/25/04, 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 Proiect. 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 Project. 2) 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 3) 4) 5) 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, its 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 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. IN WITNESS WHEREOF, Contractor, intending to be legally bound hereby, has caused this instrument to be duly signed this 25th day of March, 2004. Agent For The Owner: Contractor: 5s Ryan, Sr. Title: Vice P~ent Operations Gateway C~ By: l.[~ Perry L. Smith, President \\Sbs2k3\Users\Dot~Word\Waivers~Cumberfand Co~KPT-1440 Sheffler. doc Legal Description: 1440 Sheffler Drive, Clmmbersburg, Pa defined as Let 39 and Lot 40 of Chambers 5 Businese Park LOT 39: BEGDdH/~JG st an iron pin on the Westerly property/lne of Nittorhouse Drive at the corner of the other lands of the Grantee heroin; thence by the latter, North 81 degrees 09 minutes 19 seconds West, 334.23 feet to an iron pin; thence North 89 degrees S5 minutes 29 seconds west, 202.56 feet to an iron pin at corner of Lot 40: thence by Lot 40 North 02 degrees 24 minutes 02 seconds East, 612.43 bet to an iron pin in line of Lot 38, new property of the Gfl~tor herein, thence by the latter and by Let 12 on another subdfvlaion, 8outh 87 degrees 35 minutes 53 seconds East, 624.50 feet to an iron pin on the Westerly property line of Ifitterhouse Drive; thence by the latter, South 02 degrees 34 minutee 02 seconds West, 638.05 feet to an iron pin, the place ofbe~fnning and CONTAINING 8.79 acres. LOT 40: BEGI~H~G at an iron pin on the Easterly property line of Shefller Drive (South) at a corner of other lands of the Grantee herein: thence by curve C-1 with a radius of 1175 feet, on arc length of 324.30 feet, and a chord bearin~ ofl(orth 12 degrees 27 minutes 51 seconds Eset, a chord length of 323.27 feet to an iron pin; thence by the same North 20 degrees 22 minutes 16 seconds East, 14.7~ feet to an iron pin at the corner of LOt 37 on another subdivision plan, now owned by Kalathas; thence along the latter, South 87 degrees 35 minutes 83 seconds East, S29.75 feet to an iron pin at corner of LOt 3~); thence by the latter South 02 degrees 34 minutes 02 seconds West, 612.43 feet to an fern pin in line of other lands of the Grantee herein; thence by the latter, North 89 degrees 58 minutes 29 seconds West, 468.44 feet to an iron pin; thence by the same, North 67 degrees 41 minutes 07 seconds West, 138.73 feet to an iron pin on the Easterly eide of 8hefller Drive~ the ]place of beginning and CONTAINING 8.28 acres.