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HomeMy WebLinkAbout00-05039 moo- 5052 RZ b WAIVER OF LIENS THIS AGREEMENT made and concluded as of they `3 day of July, 2000, between 21 ROADWAY, L.P., a Pennsylvania limited partnership ("Owner"), and GREENFIELD BUILDERS, INC., an Indiana corporation ("Contractor"). THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement (the "Contract") Owner and Contractor have contracted for the construction of certain warehouse improvements (the "Improvements") as more fully described in the Contract on property located in the Township of Middlesex, Cumberland County, Pennsylvania (the "Property"). B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's lien or claims would be filed or maintained in the Property or any part thereof, or the cartilage or cartilages appurtenant thereto, either by himself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or subcontract or direct contract with Owner for extra work, in the erection, construction or completion of the Improvements on the Property or any of the cartilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Property or the estate or title of Owner in the property or the cartilage or cartilages appurtenant thereto, by or in the name of the Contractor or any other subcontractor, materialmen or laborers for work done or materials furnished under the Contract (whether such work was done or materials furnished prior to the date hereto) or by any other party acting through or under them or any of them for and about the Property or any part thereof, or on credit thereof, and that Contractor and all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for the Contract, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract or subcontract for extra work, or for work supplemental thereto, or otherwise. DSC:728288.1 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract or subcontract or direct contract with Owner for extra work in the erection, construction and completion of the Abatement as well as to any work and labor done and materials furnished under the Contract, whether such work was done or materials furnished prior to the execution of this waiver. 3. In order to give the Owner full power and authority to protect himself, the Property, the estate or title of Owner therein, and the curtilage or curtilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through him in violation of the foregoing covenant, the Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as Attorney for him, them, or any of them, in any such Court, and in his or their name or names, (a) to the extent permitted by law, mark satisfied of record at the cost and expense of the Contractor or of any subcontractor, materialman or laborer, any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, or (b) cause to be filed and served in the name of Contractor or anyone else acting under or through him any pleading or instrument, or any amendment to any pleading or instrument previously filed by him or them, to incorporate therein, as part of the record, the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself and for them does hereby remise, release and quitclaim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. 4. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. DSC:728288.1 IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. 21 ROADWAY, L.P., a Pennsylvania limited partnership By: Keystone Roadway Partners GP, LLC, a Pennsylvania limited liability company, its General Partner By: Keystone Operating Partnership, L.P., its Sole Member By: Keystone Property s enera artner Witness: By: GREENFIELD BUILDERS, INC., an Indiana o oration By. licitc, Pr ident Attest: i A4 C' ? SecretaN, (Corporate Sea]) Dsco28288.1 -3- STATE OF INDIANA ss COUNTY OF ACS : On the /?i/ da of Jul 2000, before me, t?? }}}}ndersi ed offic?er?,??notary public, personally appeared a the Y+ r, DF ?J57euC/ pf GREENFIELD BUILDERS, INC., an Indiana corporation and who acknowledged that he, as such representative of GREENFIELD BUILDERS, INC. being authorized to do so, executed the foregoing Waiver of Liens on behalf of said corporation, for the purposes therein contained. WITNESS my hand and notarial seal the day and year as aforesaid. \5??e?M; SJN OCR r ' % ?Zb; NOTARY SEAL Notary UbhC fill DSC:728288.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF /QOt ss IQ,?(«7 On the 13 ?l'"day of July, 2000.,,before me, the undersigned officer, a notary public, personally appeared i4a&= , a 4W N ifig/ syr of Keystone Property Trust, a Maryland real estate investment trust, the sole general partner of Keystone Operating Partnership, L.P., a Delaware limited partnership which is the sole member of Keystone Roadway Partners GP, LLC, a Pennsylvania limited liability company, the general partner of 21 ROADWAY, L.P. and who acknowledged that he, as such representative of 21 ROADWAY, L.P. being authorized to do so, executed the foregoing Waiver of Liens on behalf of said limited partnership, for the purposes therein contained. WITNESS my hand and notarial seal the day and year as aforesaid. AA&Z ?#?" L" - Notary Public Notarial Seal. - Sharon Nickerson, Notary Public West Conshohocken Boro, Montgomery County h1y Commission Expires Sept. 2, 2002 DSC:728288.1 (37? 'T.2 a?