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Home My WebLink About05-6278 J 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 CUMBE~COUNTY,PENNSYLVANffi NO. ()t!C1).- (".:)75' {fIuJ OWNER: First Industrial Pennsylvania, : LP c/o First Ind. Realty Trust 2780 Commerce Drive Middletown. PA 17057 PROJECT: Pumphouse / Pit / Pump Installation PREMISES: 301 Railroad Avenue Shiremasntown. PA WHEREAS, on 11/18/05, Owner 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) 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 perfonnance under the contract. Furthennore, this Agreement shall extend to and be effective with regard to any supplemental contract for extra work to be perfonned 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 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 tenns 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 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 18th day of November, 2005. Agent For First Industrial Pennsylvania, LP., a Delaware Limited Partnership By: First Industrial Pennsylyania Corporation, it's Sole General Partner ~ ~1~ By:, 111 ~ / The Owner: Name: Jeffrey R. Thomas Title: Regional Director Contractor: ction, Inc. David A. Seipe, Trea urer \\sbs2k3\usersIDotIWordIWaiversIFlrst Ind. Pennsylvanla\301 Railroad 7-S-0S.doc Commitment No. NCS-144344-CHI2 SCHEDULE C ALL THAT CERTAIN piece or parcel ofland, situate in Hampden Township, Cumberland Co Pennsylvania, together with the improvements thereon erected as more particularly bounded described in accordance with a survey by D.P. Raffensberger Associates, Surveyors and En Camp Hill, PA, dated 5/12/1969, as follows: BEGINNING at a point at the easterly right-{)f-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' formerly 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 25 degrees 10 minutes West 62i to a point at the southerly line of the Sanitary Sewer Easement; thence along same North 64 degrees 50 minutes East 679.64 feet to a point; thence South 25 degrees 10 minutes East 4 feet to a point; thence North 65 degrees 50 minutes East 50.00 feet to a paint; 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 1 wide sewer easement; thence along same South 57 degrees 25 minutes West 690.00 feet t, thence South 29 degrees 07 minutes East 10.02 feet to a point In the northerly line of lands fOlmerly 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 Avenue aforesaid; thence along S1 North 29 degrees 50 minutes West 70.08 feet to a point to the place of beginning. . , TOGETHER with an easement for the purpose of the installation and maintenance of under utility lines under the ship of land hereinafter described, said easement being limited to the said 1 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 fines and their maintenance. The strip of land is <\escr\bed as follows: BEGINNING at a point on the eastern right-of-way line of Railroad Avenue Iii (-State Highway A-1614), said point being also the northwestern corneroffar 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 I11l11utes East 280.00 feet to a point on line of land heretofore conveyed by G to Grantees herein; thence along said fine of land South 25 degrees 10 mint 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 te the place of beginning. RFING Tax Parcel #10-22-0529-005 h.., A (::::., "1, " '^~ ~ ) ~ "rl ":tee c) '''''' -~> '':-', ~ \...!,..! VI +..] ~ 'f' f<: r .J ~ \J..) r+-. , C " '\ '~ "" '- -... ~c ,'>