The URL can be used to link to this page

Home My WebLink About06-5386 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. 0 ~ - 5 3 tt, M I... 0 J ~ OWNER: First Industrial Pennsylvania, : LP c/o First Ind. Realty Trust 2780 Commerce Drive Middletown, PA 17057 TENANT: DHC PROJECT: Tenant Renovations PREMISES: 350 Old Silver Spring Road Mechanicsburg,PA WHEREAS, on August 21,2006, Tenant 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 Wlder 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 accoWlt 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 \\abl$2kJ~set'lI\Dot\WordlWaiver1\fint Ind. PeMsylvaniamO OSSR DHC tenant.doc 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 Wlder 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 1'-b&2k3Itmcn\DotIWocd\Waivm\Fim Ind. Petnylvania\3:l0 OS8R DHC tenUt.doc - . applicable upon demand. IN WITNESS WHEREOF, Contractor, intending to be legally bOWld hereby, has caused this instrument to be duly signed this 21st day of August, 2006. OWNER: First Industrial Pennsylvania, LP, a Delaware Limited Partnership By: First Industrial Pennsylvania Corporation, it's Sole General Partner By: cP.crW ~~~~/ Name: Lois Matarazzi Title: Property Manager Contractor: . on, Inc. B Perry L. Smith, President 1\abs2k3Iusers\DotIW<ri\W.iven\First Ind. Pemwylvania\3SQ OSSR Dlle tenInldoc .. . ...,t-'U-.....:::.. -'CXJ...J . . .LoU-oJ.L I """-'I ll',V""'......"...n\- I'&" I....... ....'Uw. I .looJ,........:. ;EXHIBIT "LEGAL DRc;CRIPTION" 35Dcld81~~~ ALL THAT CERTAIN tract of land situate partly in the Borough ~f Mechanicsburg and partly in Hampden Towns1lip. Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a poin, in the center line of Brandy Lane marked by a railroad spike, which point is 2,060.32 fee:t fJom the intersection of the center lines of Brandy Lane and Berkshire Lane as measured a',ong the center line of Brandy- Lane on a COIJrse South 43 degrees 46 minutes West; ther:e in the center line of said Brandy Lane SI>uth 43 degrees 46 minutes West 648.91 feet tel a bolt in line of land now or late of Joseph M. Herron; thence along said last mentioned land North 46 degrees 20 minutes West 456.84 feet to a railroad spike in the center line of n pt,blic road known as Old Silver Spring Road. 'also known as Old Legislative Route No. 210~;1:hence in the center line of said Old Silver Spring Road North 30 degrees 20 minutes Wer.t g'i3.61 feet to a railroad spike; thence along other land of Harrisburg Area Industrial D~'~elopment Corporation of which this described tract was formerly a part, North S9 deg:-'ees 40 minutes East 750 feet to a concrete monument; thence continuing along said last men~ioned land South 30 degrees 20 minutes eal:h 1.094.98 feet to a point. the Place of BEGINNING. CONTAINING an area of 20.005 acres, more or less. 274789, l 3/17/97 TOTAL F'. 02 r'-,' ( ~ r', ~ -n r % r ( ,..... f ;-J ~ ....;.~ ....... r- '<) ..0 }...l ..t:.. ~} C'. ~ ....t:.. .. r.) -..c::.. (J' I · (' f ~ L "<;) '" ........ ..( ,V\, ..c. ('. 00 Ij C