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Home My WebLink About04-43466042-3-918/23/04 11:09 AM V WAIVER OF MECHANICS' LIEN CONTRACTOR: GA"fEWAY CONSTRUCTION, INC. IN THE COURT OF COMMON PLEAS 5 Radam Street :CUMBERLAND COUNTY, PENNSYLVANIA P.O. Box 247 Summetdale, PA 17093 NO. v ~ , y 3 y ~ fY'J (;~ ..~Jyt„~ OWNER: 2850 APPLETON ASSOCIATES, L.P. 2250 Hickory Rd., Ste. 110 Plymouth Meeting, PA 19462 LESSEE: RAM INDUSTRIAL SERVICES P.0.13ox 748 Leesport, PA 19533 PROJECT; Tenant Fit-out for RAM MOTORS . PREMISES: 2850 Appleton Street Camp Hill, PA 17011 WHEREAS, on August 2, 2004, 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 "Fremises"); 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 Mechanics' 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 their furnishing of any materials with regard to the Project. 2) Contractor shall inform all subcontractors and material suppliers, prior to entering into any contracts for labor or materials, 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, oral or written, for extra work to be performed relative to the Project. 4) In order to fully protect the Owner or Lessee as applicable and the Premises against any Mechanics' Lien claim which maybe filed by Contractor or its subcontractors or suppliers in violation of the covenants contained herein, Contractor, for itself, its subcontractors and suppliers, hereby irrevocably authorizes 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 Court 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 Mechanics' 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 maybe re- exercised from time-to-time at any time that a Mechanics' Lien has been filed against the Project or the Premises. By furnishing labor or materials with respect to the Project, each subcontractor and material supplier oi' Contractor is expressly agreeing to the terms of this instrument and authorizing the exercise of this warrant of attorney against it. -2- 5) Lessee and Contractor shall indemnify, defend and save harmless the Owner from any legal fees, court costs or other expenses incurred by Owner as applicable with regard to a Mechanics' Lien filed by Contractor or any of its subcontractors or suppliers, including such fees, costs and other expenses due Owner's mortgagee which shall be payable by Contractor to Owner as applicable upon demand. FURTHER, upon request of Owner's Mortgagee, Contractor and/or Lessee, shall promptly provide a bond, cash deposit or other security satisfactory to Owner and/or Owner's Mortgagee to protect Owner's and Mortgagee's interests. If Contractor shall fail to immediately discharge or provide security against any such claim or dernand, Owner may do so and any and all expenses incurred by Owner or Owner's Mortgagee, together with any and all costs that maybe charged to Owner by the Mortgagee shall be immediately due and payable on demand. Agent for the Owner: Agent for the Lessee: Title: I'/f~jnCt . ~~^t2J'~ ~~ By: ~ Name: ~~ ~~ ~ ~ ~'s~ By: ~._ ~~1-- N -1P{~~a~ /~- Murf2y Title: ~y~J~~c'K~ Contractor: Gateway Cons ction, Inc. By: Name: ~~-° ~'/~ L~ ~/n / Title: ~f~j/ (G- -3- EXHIBIT A 1.69 Acres, Lower Allen Township, Cumberland County, PA Parcel No: 13-25-0020-049 ALL THAT CERTAIN piece or parcel of land situated in the Township of Lower Allen, Cumberland County, Pennsylvania, more particularly bounded and described according to an ALTA/ACSM Land Title Survey for Appleton Papers, Inc., Lower Allen Township, Cumberland County, Pennsylvania, prepared by Hoover Engineering Services, Inc., dated August 7, 2001 and certified by Chris A. Hoover, P.E., P.L.S., August 13, 2001, as follows: BEGINNING at an iron pin set on the eastern side of Slate Hill Road, also known as Pennsylvania Legislative Route No. 21024, at the southern side of Norfolk Southem's right-of- way; thence along the southern side of Norfolk Southem's right-of--way by a curve to the right having a radius of 1758.07' an arc length of 332.96' and a chord bearing North 36 degrees 17 minutes 53 seconds East, a distance of 332.46 feet to an iron pin set on line of lands now or formerly of Appleton Papers, Inc.; thence along the line of lands of Appleton Papers, Inc., the following two courses and distances: (1) South 42 degrees 41 minutes East, a distance of248.50 feet to an iron pin set, and (2) South 47 degrees 21 minutes West, a distance of 341.96 feet to an iron pin set on the eastern right-of--way line of Slate Hill Road (L.R. 21024); thence along the eastern right-of--way line of Slate Hill Road, North 37 degrees 51 minutes West, a distance of 185.42 feet to a point, the place of BEGINNING. CONTAINING 1.69 acres, more or less. 2850 Appleton Drive, Tract 2 thereof is Lot #1, Plan of Transcom Gines Corp. Lower Allen Township, Cumberland County, PA Parcel No: 13-25-0020-055 TRACT NO: I ALL THAT CERTAIN tract or pazcel of land situated in Lower Allen Township, Cumberland Counry, Pennsylvania, bounded and described according to "Plan of Property Spera- Grass Co-Partners" by D.P. Raffensperger Associates, Engineers & Surveyors, dated January 28k1, 1972 and last revised August 25, 1972 and an ALTA/ACSM Land Title Survey for Appleton Papers, Inc., Lower Allen Township, Cumberland County, Pennsylvania, prepared by Hoover Engineering Services, Inc., dated August 7, 2001 and certified by Chris A. Hoover, P.E., P.L.S., August 13, as follows: BEGINNING at an iron pin set on the center line of Appleton Street (formerly Bourbon Road) (50 feet wide right of way) and the northeasterly side of 51ate Hill Road (L.R. 21024 Relocated) said northeasterly side being measured 60 feet from the center line of said Slate Hill Road; thence extending from said beginning point along the said northeasterly side of said Slate Hill Road (L.R. 21024 Relocated), North 37 degrees 51 minutes West, 360.62 feet to ~ an iron pin set, being a corner of lands now or late of Appleton Papets, Inc.; thence extending along said lands of Appleton Papers, Inc., the two following courses and distances: (1) Nor[h 47 degrees 21 minutes East, 341.96 feet to an iron pin set and (2) North 42 degrees 41 minutes West, 248.50 feet to an iron pin set, in line of lands of Norfolk Southern (formerly Reading. Railroad Company); thence extending along said lands of Norfolk Southem the four following courses and distances: (1) on the arc of a circle curving to the right having a radius of 1758.07 feet, the arc distance of 244.70 feet to an iron pin set, (2) North 49 degrees 42 minutes East, 248.65 feet to an iron pin set, (3) North 40 degrees 17 minutes West, 15.0 feet to an iron pin set; and (4) North 49 degrees 42 minutes East, 987.47 feet to an iron pin set, a comer of lands now or formerly of Appleton Papers, Inc.; thence along said lands, South 21 degrees 16 minutes 30 seconds East, 278.71 feet to an iron pin set; thence along lands of L.P. Armerach, South 21 degrees 16 minutes 30 seconds East, 414.14 feet to an iron pin set at the point of intersection of the centerline of St. John's Church Road and the centerline of Appleton Street; thence extending along the centerline of said Appleton Street (formerly Bourbon Road), South 49 degrees 42 minutes West, 1610.01 feet to the aforementioned point and place of BEGINNING. CONTAINING 23.18 Acres. TRACT NO: 2 ALL THAT CERTAIN tract or parcel of land situated in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described according to an ALTA/ACSM Land Title Survey for Appleton Papers, Inc., Lower Allen Township, Cumberland County, Pennsylvania, prepazed by Hoover Engineering Services, Inc., dated August 7, 2001 and certified by Chris A. Hoover, P.E., P.L.S., August 13, as follows: BEGINNING at a point, said point 414.14 feet north of a point of intersection of the center line of Bourbon Road (presently known as Appleton Street and having aright-of--way of 50 feet) and the center line of St. John's Church Road; thence along lands owned by Appleton Papers, Inc., North 21 degrees 16 minutes 30 seconds West, a distance of 278.71 feet to an iron pin set; thence along lands of the Reading Company Railroad (presently known as Norfolk Southern), North 49 degrees 36 minutes 45 seconds East, a distance of 211.89 feet to an iron pin set; thence along lands of L.P. Armerach, South 26 degrees 18 minutes 54 seconds West, a distance of 94.64 feet to an iron pin set; thence by a curve to the left having a radius of 385 feet, for an arc distance of 258.12 feet, whose arc is concentric to the azcs of the 20 feet right-of--way for the existing railroad easement as recorded in Deed Book V-24, Page 29, to an iron pin set; thence South 12 degrees OS minutes 59 seconds East, a distance of 62.19 feet to the place of B EGINNIPIG. BEING further described as Lot No. 1 on a certain Preliminary and Final Subdivision Plan for Transcon Lines Corp., prepared by Berger Associates, Incorporated, Job No. H8552, dated March 24, 1979, said Plan having been approved for recording by the Lower Allen Township Board of Commissioners on August 13, 1979. CONTAINING 0.36 Acres. <<~a~r: aorw TOGETHER with easement created in Misc. Book 206, Page 549. Lot No. 2, Plan Boak 41, Page 129 Lower Allen Township, Cumberland County, PA Parcel No: 13-25-0020-053B ALL THAT CERTAIN tract of ground situated in Lower Allen Township, Cumberland County, Pennsylvania, more particulazly bounded and described according to an ALTAIACSM Land Title Survey for Appletom)rapers, Inc., Lower Allen Township, Cumberland County, Pennsylvania, prepared by Hoover Engineering Services, Inc., dated August 7, 2001 and certified by Chris A. Hoover, P.E., P.L.S., August 13, as follows: BEGINMNG at an iron pin set on the south side of Appleton Street at the northeast comer of property of Bell Telephone Company of Pennsylvania, Inc.; thence North 49 degrees 42 minutes East, a distance of 597.62 feet to a point in the center of St. John's Road; thence South 20 degrees 58 minutes 45 seconds East along the center of St. John's Road, a distance of 556.31 feet to a point; thence across St. John's Road and through other property now or formerly of Lower Allen Township, South 49 degrees 42 minutes West, a distance of 413.6 feet to an iron pin set at the southeastern corner of property of Bel] Telephone Company of Pennsylvania, Inc.; thence along property of Bell Telephone Company of Pennsylvania, Inc., North 40 degrees 18 minutes West, a distance of 524.98 feet to an iron pin set at the place of BEGINNING. CONTAINING 6:09 Acres. BEING Lot No. 2 on the Final Subdivision Plan for Kenneth K. Hart dated Mach 24, 1982 and recorded in the Office of the Recorder of Deeds for Cumberland County at Plan Book 41, Page 129. BEING the same premises which Appleton Papers, Inc., by its Deed dated 2001 and intended to be recorded in the Cumberland County Recorder of Deeds Office, Cumberland County, Pennsylvania, granted and conveyed unto 2850 Appleton Associates, L.P. LendMs Policy ~ N U c.~ 1' Ti ~. ~..J - 3T TT fir... r. G, f-~,- ' ? ~ ~ ~ < c> \ s.: ~., 'o ;,fir- UI '.- V ~ C3rn '" C CJ : ~ V'~ ~ . ~ '-" _ll .~ J ~ ~ 0(1 a 4\ ~o