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HomeMy WebLinkAbout06-1972 WAIVER OF MECHANIC'S LIEN CONTRACTOR: Eastern Frontier Construction, Inc. 3701 Derry Street Harrisburg, P A 17111 :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. (')/", - /9 '/ ~ mL]) ~~ OWNER: First Industrial Pennsylvania, LP First Industrial Realty Trust, Inc. 2780 Commerce Drive, Suite 100 Middletown, P A 17057 PROJECT: Tenant Fit-Out PREMISES: ALMO 301 Railroad Avenue Shiremanstown, P A 170 II WHEREAS, on March 10, 2006, 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 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 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 supplier of Contractor is expressly agreeing to the terms of this instrument and 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 10th day of March 2006. Agent For First Industrial Pennsylvania, LP First Industrial Realty Trust, Inc. The Owner: By: ~~ Name: Title: Contractor: Name: Edward H. Bames, Jr. Title: President EXHIBIT A ALL THAT CERTAIN piece or parcel of land, situated in Hampden Township, Cumberland County, Pennsylvania, together with the improvements thereon erected as more particularly bounded and described in accordance with a survey by D.P. Raffensberger Associates, Surveyor and Engineers, Camp Hill, Pennsylvania, dated May 12,1969, as follows: BEGINNING at a point on the easterly right-of-way line of Railroad Avenue (Slate Highway A- 1614) which point in referenced 859.41 feet South of the right-of-way line of Trindle Road at lands not or formerly of Mid South Building Supply Co.; thence along same North fifty-seven degrees twenty-five minutes East, 235.01 feet to a point; thence continuing along same North twenty-five degrees ten minutes West, 627.40 feet to a point at the southerly line of the Sanitary Sewer Easement; thence along same North sixty-four degrees fifty minutes East, 679.64 feet to a point; thence South twenty-five degrees fifty minutes East, 50.00 feet to a point; thence in an arc having a radius of 280 feet in a southeasterly direction to the right an arc distance of 420.03 feet to a point; thence South twenty-nine degrees seven minutes East, 248.89 feet to a point in the center line of a 20 foot wide sewer easement; thence along same South twenty-nine degrees seven minutes East, 10.02 feet to a point in the northerly line of lands now or formerly of the Summit Corporation; thence along same South seventy-five degrees twenty-five minutes West, 575.44 feet to a point in the easterly right-of-way line of Railroad Avenue aforesaid; thence along same North twenty-nine degrees fifty minutes West, 70.08 feet to a point to the place of BEGINNING. ~ p -- 11':: U( J~ .\) -.. 1: \) u .....:r. 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