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HomeMy WebLinkAbout94-05616 No. qLf- 5b/~ I1LD f~ WAIV'lR 0' LIENS THIS AGRIBMBNT made and concluded this 29th day ot September, A,D. 1994 between FIRS1 INDUSTRIAL, L.P., party of the fint part (hereinafter called "Owner") and THE NORWOOD COMPANY, party ot the second party (heninafter called "Contractor"). WHEREAS, the said parties have by a duly executed Agreement under leal, dated September 29, 1994, entered into a written contract for the erection, construction, and completion of a one story building containing approximately 43,952 square feet to be erected on Lot E-2, Rossmoyne Industrial Park, also known as 5020 Louise Orive, situate in Upper Allen and Lower Allen Townships, Cumberland County, Pennsylvania, containing approximately 5,0598 acres, as more fully described in Exhibit "A" attached hereto and made a part hereof. And the said Contractor hereby declares and warrants that no work of whatsoever kind or nature has as yet been done and that no materials whatsoever have as yet been furnished by anyone under, toward, or in connection with the execution or performance of the aforesaid building agre!ment. WHEREAS, by the terms of the contract aforesaid, the Contractor covenanted, promised, and agreed that no mechanic's lien or claims would be entered and filed against the said building or buildings or any part thereof, or the curtilaga or curtilages appurtenant ther~to, either by himself or anyone e18e for any work, labor, and materials supplied in the performance of the said contract, or under any supplemental contract or for SEP~2e 94 WED l~: CUTLER. CLEMM ~nPRt~ F' . extra work, in the erection, construction, or completion o~ the said building or buildings or any o~ the curtilgages appurtenant thereto, NOW THIS AGREEMENT WITNESSETHI That the Contractor for and in coneideration of the contract aforesaid and the considerations mentioned thereunder, as well aa the furt~er coneideration of One Dollar ($1.00) to it in hand paid by Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, does hereby covenant, promise, and agree ehat no mechanic's lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilgages appurtenant thereto, by Contractor or by any subcontractor, materialmen, or laborers for work done or materials furnished under said contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or on credit thereof, There shall not be any legal or lawful claim of any kind whatsoever against the aforesaid Real Property tor any work done or labor or materials furnished under said contract for and about the erection, constructon, and comeletion of said building as aforesaid, or under any contract or contract for extra work, or for work supplemental thereto, or likewise. AND, this Agreement waiving the right of lien shall be an independellt covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, 2 SEP.-2S-94 WED 1~:2~ CUTLER~ I I; L E M,..1 _..~. ...t.1...!J.E R I S construction, and completion of the Baid building or buildings as to any work and labor done and materials furnished under the contract aforesaid, AND. in order to give the Owner full power and authority to protect itself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for itself and its subcontractors ~nd materialmen, hereby irrevocably authorizes and empower. any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it. or any of them, in any of the said Courts of Common Pleas as attorney for him, them, or it and in his. their, or its name mark satisfied of record at the cost and expense of the Contractor or of any subccntractor or materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, subcontractor, or materialman, or in its, his, or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, term, and number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for itself and its subcontractors and materialmen, does hereby remise, release, and quit-claim all rights and all manner of 3 S:f~~t,,;;~:-J-,,; , ~E~-2e-94 WED 15:2'3 CUTLER.. CLEMM ~_MORRI'$ P.. errors, defects, and imperfections what~oever in entering such satisfaction or in anywise touching or concerning the same, IN WITNESS NaEREOF, the said parties have hereunto let their hand~ and seals dated the day and year fir~t above written, rIRST INDUSTRIAL, L.P., by its General Partner, fIRST INDUSTRIAL R Y TRUST, INC, By,,j' / ~thony scatello Senior Regional Director THE NORWOOD COM~ANY By, ~ L 'Th:- Na I dJ....f.f,,,r'#- 1... ~,....,.,.... Title I ~"<t~...::\ 1/;,,, rrc'!o.J.....r 4 ATTACHED TO AND FORMING A PART OF TITLE INSURANCE COMKITMENT Order No.: D122871CP ===;==~====2======2=~22=~..==a===D===2.~23.==3=~~======================= SCHEDULE C DESCRIPTION and RECITAL ALL that piece of property situate partly in Lower Allen Township and partly in Upper Allen Township, Cumberland County, Commonwealth of Pennsylv"nia, being Lot #E-2, of final subdivision plan of Tracts "0" .. "E" Lots (0-5, E-1, E-2) of a portion of "Rossmoyne Industrial Park" prepared March 1, 1989 by J.Michael Brill & Associates, Inc. for Smith Land & Improvement Corporation, the plan being recolded April 21, 1989 in Cumberland County Court House in Plan Book 57 page 139. The Lot E-2 is bounded and described as follows: BEGINNING at a point on the northern right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point bein~ located and referenced in a north-east direction from the centerline 1ntersection of "Louise Drive" and "Clark Street" the following two (2) courses and distances: (1) from said intersection along the centerline of "Louise Drive" north 51 degrees 50 minutes 23 seconds east, a distance of 68.00 feet to a point; (2) thence north 38 degrees 09 minutes 37 seconds west, a distance of 30.00 feet to a point on the northern right-of-way line of "Louise Drive", the point of beginning; thence from said point of beginning, along a curve curving to the right and connecting the northern right-of-way line of "Louise Drive" to the eastern right-of-way line of "Clark Street", said curve having a radius of 43.00 feet and an arc length of 67.54 feet; thence along the eastern right-of-way line of "Clark Street" north 38 degrees 09 minutes 37 seconds west, a distance of 417.00 feet to a point; thence along existing Lot #E-1 north 51 degrees 50 minutes 23 seconds east, a distance of 480.00 feet to a point; thence along existing Lot #B-5, south 38 degrees 09 minutes 37 seconds east a distance of 460.00 feet to a point on the northern right-of-way line of "Louise Drive"; thence along the northern right-of-way line of "Louise Drive", south 51 de~rees 50 minutes 23 seconds west a distance of 437.00 feet to a point, be1ng the point of beginning. SAID tract contains 220,403.22 square feet or 5.0598 acres. BEING the same premises which Smith Land & Improvement Corporation by Deed dated February 6, 1990 and recorded in Cumberland County, in Deed Book K, Vol. 34 page 163 conveyed unto Rouse & Associates - 5030 Louise Drive Limited Partnership, a Pennsylvania limited partnership, PA 3 PAGE 6 ~ a; .. ~ ~ ~~ ~ :)- Q" :::t' -j ~ ".,. ~ <X:) It') C'- -..9 - = ~ ... ":) o . o - "" ," ...... ("') :",_J.} c C'l .;"'-J ..... ".. Vl .. ..'