HomeMy WebLinkAbout06-4593
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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. /)L-1.I~'l3 117tJ;) 1~"'7
OWNER:
First Industrial Pennsylvania. :
LP
c/o First Ind. Realty Trust
2780 Commerce Drive
Middletown, PA 17057
PROJECT:
Paving Repairs
PREMISES:
350 Old Silver Spring Road
Mechanicsburg, PA
WHEREAS, on August 2, 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 IUIder 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 accOlDlt 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
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the Project or the Premises.
3) This agreement is an independent covenant, and shall operate and be effective
regardless of Owner's performance tmder 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 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.
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IN WITNESS WHEREOF, Contractor, intandlng to be legally bound hereby, has caused
this Instrument to be duly signed this 2nd day of August, 2006.
Agent For
First Industrial Pennsylvania, LP., a Delaware
Limited Partnership
By: First Industrial Pennsylvania Corporation, it's
Sole General Partner
By: riai.o ry~=:yy
Name: Lois Matarazzi
The Owner:
Contractor:
Title: Property Manager
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Perry L. Smith, President
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AIL THAT CERTAIN tract of land. situate part1y in the Borough of MecMftnburg
aDd partly in FU"'P"- TOWlll!Up, CumbedIDl1 CowIty, Pemlsylvania, more particularly
bounded aDd described as fullows:
BEGINNING at 1 poin, in the center 1lne of Brandy Lane marIa:c1 by 1 rai1road spie,
which point is 2,060.32 feet fiom the i~ of the center 1lnes of BUDdy Lane m:I
Berkshire Lane as measured a',ong the center 1lne of Brand)" Lane on 1 COIJI'IC South 43
degrees 46 minutes West; therce in the center 1lne of said Brandy Lane South 43 degrees 46
minutes West 648.91 feet to 1 bolt in line of lm:IlIO'W or late of Joseph M. Herron; thence
along said last mentioned IllDd North 46 degrees 20 minutes West 456.84 feet to a railroad
spike in the center line of a 1'\' b1ic road !mown as Old Silwr Spring Road, 'also known as Old
Legislative Route No. 21051; .bcncc in the center line of said Old Silver SpriDg Road North
30 degrees 20 minutes Wer.t 813.61 feet to a railroad spike; thence 11011& other land. of
Harrisburg Area Industria1 De'(elopmcnt Corporation of which this described tract was
fonnerly a part, North 59 deg:ees 40 minntl'.s But 750 feet to 1 coIlCrete lI1(lIIIl~; thence
continuing along said last fIICII;Joned land South 30 degrees 20 mimnes each 1,094.98 feet to
a point, the Place of BEGINNING,
CONTAINING an ares of 20.005 acres, more or less.
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