HomeMy WebLinkAbout01-7204WAIVER OF MECHANIC'S LIENS
CONTRACTOR:
OWNER:
PROJECT:
PREMISES:
Gateway Construction, Inc.
5 Raydom Street
P.O. Box 247
Summerdale, PA 17093
FR Development Services
311 South Wacker Drive
Suite 4000
Chicago, IL 60606
Andrew Corporation
270 Silver Spring Road
Hampden North
Mechanicsburg, PA 17055
WHEREAS, on 12/7/01, 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.
1)
2)
NOW THEREFORE, Contractor agrees as follows:
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.
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)
4>
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 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
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 7th day of
December, 2001.
Owner:
Contractor:
~ateway C~, Inc.
By: /~--7-~--~
Perry ~. ~mi t%/h
President
u: \waivers\andrew
21~ 9?2 ?92S T0~?19928448i.-
EXHIBIT "A"
02/02
ALL THAT CERTAIN tract or land situate in the Township of Hampden, County of
Cumberland and State of Pennsylvania, shown on and described in accordance with the
Topographic~l Plan for Kinney Shoe Corporation as prepared by D.P. Raffensperger
Associates dated November 14, 1979 as revised February 22, 1980.
BEGINNING at a point in the ccnterline of 01d Silver Spring Road at the dividing line
bct~vcen Lots 5-A and 2; thence along the centerline of Old Silver Spring Road and beyond
crossing New Silver Spring Road (L.R. 21051) North 30 degrees 20 minutes a distance of
411.17 feet to a point; thence along lands of W,D.C. Incorporated North 11 degrees 15
minutes East a distance of 151,03 feet to a point; thence crossing New Silver Spring Road
(L.R. 21051) and along lands of Cresline Plastic Pipe Company Inc., North 76 degrees 19
minutes 38 seconds East a distance of 689.08 feet to a point; thence along Lo~ No. 6 by a
curve to the left having a radius of 725.00 feet W an arc distance of 210.82 feet (said curve
having a chord bearing of South 22 degrees 00 minutes 11 seconds East and a digtance of
210.08 feet) to a point; thence continuing along Lot No, 6 and 5, South 30 degrees 20
minutes East a distance of I41.12 feet to a point; thence along Lot No. $-A South $9 degrees
40 minutes West a dist/ude of 749.80 feet to the Place of BEGINNING'.
CONTAINING 7.936 acres and being Lot No. 2 of the Final Subdivision Plan for Harrisburg
Area Industrial Development Corporation recorded in the Office of thc Recorder of Deeds in
and for Cumberland County in Plan Book 34, page 106.
BBT~G the same premises which Harrisburg Area Industrial Development Corporation by
Deed dated August 19, 1980 and recorded in Cumberland County, in Deed Book B 29 page
330 conveyed unto Kinney Service Corporation, a Delaware corporation.
State
Pennsylvania
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counW of CumOer{andl
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Recorded
~. in ~nd for
Carlisle, PA ~ll&~~,19~ I