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Home My WebLink About00-05065 00 - svgs /YIN lEr? a - WAIVER OF MECHANIC'S LIENS CONTRACTOR: GATEWAY CONSTRUCTION, INC. P.O. Box 247 5 Raydom Street Summerdale, PA 17093 OWNER: Moffitt Pease & Lim 1000 North Front Street Wormleysburg, PA 17043 PROJECT: Moffitt Pease & Lim Renovations 1000 North Front Street Wormleysburg, PA 17043 PREMISES: 1000 North Front Street Wormleysburg, PA 17043 WHEREAS, on July 17, 2000, Owner 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 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 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) 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. 4) In order to fully protect the owner 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 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. 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 causes this instrument to be duly signed this 17`h day of July, 2000. Owner: Moffitt, Pease & Lim By: a6? Name: Louis Gehosky Title: Executive Director Contractor: Gateway Construction, Inc. By._i?'/?? . Printed Name: Mark A. Simpson, Vice President dki/ag/022390/Front$t.DEC MU11 IT "A" I LLAL DESCRI lyrIO `1 OF 7IIE PROPERIT ALL T1iAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, as shown on Fina_t Plat Irish Investors Office Building, dated September 11, 1989, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 60, Page 55, which said real estate more particularly bounded and described as follows: , BEGINNING at a point on the western right-of-way line of U.S. Routes 11 and 15 at the southern bank of the Conodoguinet Creek; thence along said western right-of-way line of U.S. Routes 11 and 15, South 34 degrees 02 minutes East 44.12 feet to a point; thence continuing along the same South 28 degrees 01 minutes 30 seconds East 99.88 feet to a point; thence continuing along the same South 27 degrees 09 minutes 30 seconds East 99.96 feet to a point;' thence continuing along the same South 26 degrees 42 minutes East 441 feet to an iron pin; thence continuing along the same South 26 degrees 42 minutes East 801.13 feet to an iron pin at land now or late of James Magilton; thence along land now or late of James Magilton South 63 degrees 09 minutes West 241.50 feet to an iron pin; thence along the eastern right-of-way line of land now or late of the Penn-Central Transportation Company North 16 degrees 41 minutes 50 seconds West 858.26 feet to an iron pin; thence continuing along the same North 07 degrees 50 minutes West 101.25 feet to an iron pin; thence continuing along the same North 17 degrees 06 minutes 184.90 feet to a point; thence continuing along the same North 24 degrees 27 minutes West 100 feet to a point; thence along the same North 29 degrees 27 minutes West 100 feet to a point; thence North 33 degrees 46 minutes West 75 feet to the southern bank of the Conodcquinet Creek; t;ience along the said southern hank of the Conodoguinet Creek South 86 degrees 16 minutes 30 seconds East 20.69 feet to the place of BEGINNING. CONTAINING 3.723 acres as shown on the above described Final Plat Irish Investors Office Building. BEING 113E SAME premises which Michael M. Ceduldig, single man, by his Deed dated June 30, 1988, recorded in the office of the Recorder of Deeds of Cumberland County in Deed Book L, Volume 33, Page 3, granted and conveyed unto Irish Investors, a Pennsylvania general partnership, Declarant herein. i 1 - 44 - e d N T V Af n r t t..- !C; > C ly co N 47- ? ITI A