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Home My WebLink About05-4388 FI~ S7~ tlS'- '/3&"f Mt--/) WAIVER OF MECHANIC'S LIEN CONTRACTOR: Gateway Construction, Inc. : IN THE COURT OF COMMON PLEAS 5 Radam Street CUMBERLAND COUNTY, PENNSYLVANIA P.O. Box 247 Summerdale, P A 17093 NO. OWNER: First Industrial Pennsylvania, LP c/o First Ind. Realty Trust 2780 Commerce Drive Middletown, P A 17057 : PROJECT: Building Modifications PREMISES: 301 Railroad Avenue Shiremasntown, P A WHEREAS, on 07/05/05, Owner and Contractor entered into "n 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 acqnire, on behalf of itself, its subcontractors, and !luppliers, with regard to the Project. NOW THEREFORE, Contractor agrees as follows: 1) Neither Contractor nor any ofits subcontractors or suppliers nor any other person furnishing labor or materials to the said Contractor under the agreement entered into between the parties shall me any Mecbanic'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) Contractor shall inform all subcontractors and material snppli'!rs with regard to the Project that Contractor has waived any rights which they may have to me . lien against the Project or the Premises. 3) This agreement is an independent covenant, and shall operate .,nd be effective regardless of Owner's performance under the contract. Furthermore, this Agreement shaII extend to and be effective with regard to any supplemental contract for extra work to be performed relative to the Project. v 4) In order to fully protect the Owner or Lessee as applicahle and the Premises against any Mechanic's Lien claim which may he filed by Contractor or its subcontractor or supplier in violation of the covenants contained herein, Contractor, for itself, its subcontrslctor, 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 exerci,e, 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 Own"r 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 5th day of July, 2005. The Owner: First Industrial PemlSylvania, LP., a Delaware Limited Partnership By: First Industrial Pennsylvania Corporation, it's Sole General Partner By:q~lhi~ Ageut For Name: Jeffrey R. Thomas Title: Regional Director Contractor: nstructi,~_ B. Perry L. Smith, President \\sbs2k3\users\Dot\Word\Walvers\First Ind. Pennsylvania\301 Railroad 7-5-05.doc Exn,b\i /, r-r KRf' Commitment No. NCS-144344-CHI2 -SCIICDULE G ALL THAT CERTAIN piece or parcel of land, situate In Hampden Township, Cumberland Co Pennsylvania, together with the improvements thereon erect(~d as more particularly bounded described in accordance with a survey by D.P. Raffensberger Associates, Surveyors and En Camp Hill, PA, dated 5112/1969, as follows: BEGINNING at a point at the easterly right-of-way line of Railroad Avenue (State Highway A which point is referenced 859.41 feet South of the right-of-way line of Trindle Road at lands' fonnerly of Mid South Building Supply Co.; thence along same North 57 degrees 25 minutes 235.01 feet to a point; thence continuing along same North ~!5 degrees 10 minutes West 62i to a point at ttie southerly line of the Sanitary Sewer Easement; thence along same North 6<1 degrees 50 minutes East 679.64 feet to a point; thence South 25 degrees 10 minutes East 4 feel to a point; thence North 65 degrees 50 minutes East 50,00 feet to a point; thence in an : having a radius of 280 feet in a southeasterly direction to the, right an arc distance of 420.03 point; thence South 29 degrees 07 minutes East, 248.89 feet to a point in the center line of c wide sewer easement; thence along same South 57 degrees 25 minutes West 690.00 feett. thence South 29 degrees 07 minutes East 10.02 feet to a point In the northerly line of lands fonnerly of the Summit Corporation; thence along same, South 75 degrees 25 minutes West feet to a point in the easterly right-of-way line of Railroad Av,enue aforesaid; thence along SE North 29 degrees 90 minutes West 70.08 feet to a point to the place of beginning. T()GETHER with an easement for the purpose of the Instatli3tion and maintenance of under utility lines under the strip at land hereinafter described, said easement being limited to the said I heretofore described. The Grantor has no obligation, liability or responsibility with regard to maintenance of said easement and reserves the right to use the surface of a area over the said strip of land for any purpose whatsoever, permitting, hOWE the Grantees the right to enter upon said land from time to time for the purpc installing underground utility lines and their maintE~nance. The strip of land is desct\be<:i as follows: BEG'N~ING at a point on the eastern right-ot-way line of Railroad Avenue iii (State HIghway A-1614), said point being also thel northwestern corner otlar heretofore conveyed to the Grantor and described in deed recorded in Deed "F." Volume 20, page 1 line of land of Summit Corporation North 64 degrees mrnutes East 28~.OO feet to a point on line of land heretofore conveyed by G to Grantees herem; thence along said line of land South 25 degrees 10 mim East 15.00 feet to a point; thehce along other land of the Grantor herein Sou de~rees 50 minutes West 278.21 feet to a point on said eastern right-of-wa~ RaIlroad Avenue; thence along said eastern right.,of-way line of 15.06 feet tc the place of beginning. BEING Tax Parcel #10-22-0529-005 ~ 'J ~ W ,~ Lv ~ ~ ~ ~ ~ \ JI ~ ~ Q ( .. ~ ..,...~ 1:~': l-;~ I ; '.'/ . <.,? . 1'-' = C::t <.r' ::P': c__ ~-") N ()l $'~~ ::; -" ~ ~-n P'j:;:; :?,c.;; -D tW~ .-J'.'. ~"-l ,I ~:;!t '-:? ~; C< U1