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HomeMy WebLinkAbout05-0385 WAIVER OF MECHANIC'S LIEN CONTRACTOR: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS' 3~ 5 MLO OWNER: Corporate Gateway General Partnership 8815 Corporate Center Dr. Suite 400 Colwnbia, MD 21045 AGENCT for OWNER Corporate Realty Mgt. 6360 Flank Drive Ste. 1000 Harrisburg, PA 17112 PROJECT: VALE NATIONAL PREMISES: 5070B Ritter Road Mechanicsburg, P A 17055 WHEREAS, on 12/7/04, 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 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 Proj ect. \\Sbs2k3\Users\Dot\Word\Waivers\CRM\Vale Natl J1-7..o4doc 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 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 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 instrwnent 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 instrwnent an authorizing the exercise of this warrant of attorney against it. 5) 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 \\Sbs2k3\UserslDotIWord\Waivm\CRMlVare NaIl 12-7-04 doc 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 7th day of December, 2004. By: jd.-~ Agent For The Owner: Name: Dale Pears Title: Sr. Property Manager Contractor: By: Perry 1. Smith, President \\Sbs2k3\UsersIDoIIWord\Waivm\CRM\Vale Nall J2-7_04,doc . . flHEFNvmONMFNTAL lelse 4/11/01 "rns SOlO f5 f riff./. EXHlIllT "A-I" to Agrecmcnt of Lcasc by and bctwecn CORPORATE GA TEW A Y GENERAL}) ARTNERSHIP , Landlord and BIlE ENVIRONMENTAL, INC., Tcnant LEGAL DESCRIPTION OF PROJECT ALL THAT CERTAIN land and premises situate In Upper Allen Township, Cumberland County, Pennsylvania, being Lot 0-2 in Final Subdivision Plan of Tracts "D" & "F" Lois D-2 and F-3 a portion of "Rossmoyne Industrial Park", for Smith Land & Improvement Corporation by J. Michael Brill & Associates, Inc., J. Michael Brill, P.E. dated May 9,1988 and recorded in Cumberland County Courthouse, on June 23, 1988 in Plan Book 55, page 114, and as shown on Survey prepared by KCI Technologies, Inc. for Corporate Gateway General Partnership, designated as Job No. 1894003V, dated November 19,1999, and last revised November 24,1999, as follows, to wit: BEGlhlNING at a point on the northern righl-of-way line of "Rilter Road" (a 60 foot right-of-way), said point being located and referenced from the centerline intersection of "Ritter Road" and "Scott Streel" the following two (2) courses and distances: (1) from said inlersection along the centerline of "Ritter Road" soulh 51 degrees 50 minutes 23 seconds west, a distance of 526.35 feet (0 a point; (2) thence north 38 degrees 09 minules 37 seconds west, a distance of 30.00 feet to a point on the northern right-of-way line of "Rilter Road," the point of beginning: thence from said point of beginning, along the northern right-of-way line of "Ritter Road" south 51 degrees 50 minutes 23 seconds west, a distance of 515.29 feet to a polnl; thence along other lands now or formerly of Smilh Land & Improvement Corporation, north 38 degrees 09 minutes 37 seconds west, a distance of 423.38 feet to a point on the southern right-or-way line of U.S. Route 15 (L.R. 123); thence along the southern righi-at-way line of U.S. Route 15 on an arc of a curve curving to the ri9ht having a radius of 2789.79 and an arc length of 312.85 (eet to a point: thence along the same north 51 degrees 04 minutes 37 seconds east, a distance of 203.38 feet to a point; thence alon9 Lol D-1 south 38 degrees 09 minutes 37 seconds east, a distance of 447.77 feet 10 a point on the northern right-of-way line of "Rilter Road:' being the point at BEGINNING. Said tract contains 227,147.98 square feel or 5.215 acres. . BEING Ihe same premises which First Industrial Financing Partnership, L.P., a Delaware limiled partnership by Deed dated September 15, 1999 and recorded in Cumberland County, in Deed Book 207 page 1045 conveyed unto Corporale Gateway General Partnership, a Pennsylvania general partnership. C] ", ''":"') (.-' \---;:.-;. -" C...!'l ~ ~ c_ .--. ~ " n .-.. ~, ~) .......... ~ ~ ..)...) .... --, . ~ '. ---~ N c:X> .. ~ ~ --- (~.: <....)'-, ~ S'