HomeMy WebLinkAbout04-3711WAIVER OF MECHANIC'S LIEN
CONTRACTOR:
OWNER:
LESEE:
PROJECT:
PREMISES:
Gateway Construction, Inc.
5 Radarn Street
P.O. Box 247
Summerdale, PA 17093
First Industrial Securities, LP
by First Industrial PA Securities
Corp.; It's Sole General Partner:
2780 Commerce Drive
Middletown, PA 17057
AMERICAN MINT
Tenant Fit-out for
American Mint
5020 Louise Drive
Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY, PENNSYLVANIA
NO. O~/- 3 PI/ ICl Z~
WHEREAS, on 7/19/04, Lessee and Contractor entered into an agreement for the above-
referenced Project, which is located on the parcel of property set forth 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 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)
3)
4)
5)
Contractor shall inform all subcontractors and material suppliers with regard to the
Proiect that Contractor has waived any rights which they may have to file a lien against
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 Proiect.
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 Proiect 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 Proiect or the Premises. By furnishing labor or materials with respect to the
Proiect, 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 19th day of July, 2004.
Agent For i~:
The Owner:
Con.actor: Gat~Inc.
Perr~ L. S~th, President
LEGAL DESCRiPTiON
ALL THAT CERTAIN piece of property situate partly in Lower Alien Township, and
partly in Upper Allen Township, Cumberland County, Commonwealth of Pennsylvania,
being Lot #E-2, of Final Subdivision P~an of Tracts D & E, Lots (D-5, E-l, E-E) of a
portion of "Rossmoyne Industrial P~rk" prepared March 1, 1989 by J. Michael Brill &
Associates, Inc. for Smith Land & Improvement Corporation, the Plan being recorded
-Aprif 21, 1989 in Cumberland County Court House in Plan Book 57 page 139. The
Lot E-2 is bounded and described as follows:
BEGINNING at a point on the northern right-of-way line of "Louise Drive" (a 60 {oct
' right-cf-way), said point being located and referenced in a north-east direction from the
centerline intersection of "Louise Drive" and "Clark Street" the followin9 two (2)
courses and distances: (1) from said intersection along the centerline o4 "Louise
Drive" north 51 degrees 50 minutes 23 seconds east, a distance of 68.00 feet to a
point; (2) thence north 38 degrees 09 minutes 37 seconds west, a distance o{ 30.00
feet to a point on the northern fight-of-way line of "Louise Drive", the point of
beginning; thence from said point of beginning, along a curve curving to the right ar, c:
connecting the northern fight-of-way line of "Louise Drive" to the eastern dght-of-way
line o~ "Clark Street", said curve having a radius o~ 43,00 feet and an arc length of
67,54 feet; thence along the eastern right-of-way line of "Clark Stree¢' north 38
degrees 09 minutes 37 seconds west, a distance of 417.00 feet to a point; thence
aiong existing Lot #E-1 north 51 degrees 50 minutes 23 seconds east, a distance :~1
480.00 feet to a point; thence along existin9 Let #B-5, south 38 degrees 09 minutes
37 seconds east a distance of 460.00 feet to a point on the northern right~of-way lin.~
of "Louise Drive"; thence alon9 the northern right-of-way line of "Louise Drive", somh
51 degrees 50 minutes 23 seconds west a distance of 43~.00 feet to a point, be~9
the point of BEGINNING.
SAiD tract contains 220,403.22 square feet or 5.0598 acres,