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Home My WebLink About06-4174 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. () (,- 411'/ m J...jJ - 1- OWNER: First Industrial Pennsylvania, : LP c/o First Ind. Realty Trust 2780 Commerce Drive Middletown, PA 17057 PROJECT: Tenant Fit-out - DHC PREMISES: 350 Old Silver Spring Road Mechanicsburg, PA WHEREAS, on ~ 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 ID1der 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 accolD1t 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 \~""_"'_/aoj;~"loeQ.DIlC.'" the Project or the Premises. 3) This agreement is an independent covenant, and shall operate and be effective regardless of Owner's performance ID1der 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 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 terms of this instrument an authorizing the exercise of this warrant of attorney against it. 5) Any legal fees, court costs, or other expenses inclIITed 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. \'ob02kl-'\l)ol\W,",W.k..\f"'lDd.~'<lOlillRDIlC."" IN WITNESS WHEREOF, Contractor, intending to be legally bound hereby, has caused this instrument to be duly signed this ~ day of ~ 2006. . Agent For First Industrial penns~lviJua, LP_, a Delaware Umited Partnership By: First Industrial Pennsylvania Corporation, it's Sole General Partner ~~ The Owner: By: Name: Maxine L. Wilder Title: Marketing /II: Leasing Manager Contractor: :-:p. Perry L_ Smith. President ~___oiYriflntlod.~\350OIISllllllC"'" . , ~ ~-~~-~~~ ~U'J~ ''''wI U't...-vw'".l.''''''''' I'" I I.... '-1LJo./.&. I . """'~ ....0;. KXHIKlT "'BeAT. DltCi(!RTPT'TON" S5Ddd 8(W--~~ AIL THAT CERTAIN tract of Wld situate paItly in the Borough 11f Mechon;t;;sburg and partly in :aa"'P"m TOWIII'J.lp, CUmbedmd County, Penasylvania, more particularly bounded and described as follows: BEGINNING at a pain. in the center line of Brandy Lane IlW'ked by a railroad spike, which point is 2,060_32 feet flom the intersection of the ceDter lines of Bwldy Lane and Berkshire Lane as measured a:ong the center line of BrandY' Lane on a course South 43 degrees 46 minutes West; lher:e in the center line of said Brandy Lane South 43 degrees 46 minutes Wesl 648.91 feet tCl a bolt in line of laud IIOW or late of Joseph M. Herron; thence along said last mentioned land North 46 degrees 20 mimltes Weal 4S6.84 !'=11O a railroad spike in the center line of II pl,blic road mown as Old Silver Spring Road,also known as Old Legislative Route No. 210S1;:beDCe in the center line of said Old Silver Spring Road North 30 degrees 20 minutes We.<:t 813.61 feet to a railroad spike; thence along other land of Hmisburg Area Industtia1 De {elopment Corporation of which this desc.ribe4 tract was formerly a part, North S9 dcg:ees 40 minutes East 750 feet to a colICretc monum"llt; thellCe continuing along said last men;iODed land South 30 degrees 20 minutes each 1,094_98 feet to a point, the Place of BEGINNING. CONTAINING an area of 20.005 acres, more or less. 1'''719.13/17/97 TOTI'(. P. 02 , - ~ ~ ~ --- '->' ..... i"-/ --- \' -. -0 , ~'" <::> ~ S ~ ... v \:;: ,,- \' (,'"-',' ~ \. c-::, ~\. ";' ~ -<:. - \ " """- d } ,,)