HomeMy WebLinkAbout96-06815
;\k'((l" G~~I~i
Project Name: STEVENS AFFORDABLE HOUSING
WAIVER OF LIENS - DESIGN SERVICES AND
CONSTRUCTION CONTRACT ADMINISTRATION ARCHITECT
KNOW ALL MEN BY THESE PRESENTS, That contemporaneously with the execution
hereof, an agreement has been entered into between LOUTHER PLACE LIMITED
PARTNERSHIP, a Pennsylvania limited pannership with a principal place of business at 33 State
Avenue, Carlisle, Pennsylvania 17013, ("Owner"),
AND
SCHOLL, SOWERS AND ASSOCIATES, INC" a Pennsylvania corporation, with a principal
place of business at 401 East Louther Street, Carlisle, Pennsylvania 17013, ("Architect"), relating
to the planning, designing and construction contract administration of a housing project upon the
real estate located at 63.67 West Louther Street, Carlisle, Cumberland County, PeMsylvania, and
described in Exhibit A, attached hereto and made a part hcreof(the "Agreement"); and,
WHEREAS, PENNSYL V ANlA HOUSING FINANCE AGENCY has agreed to lend and
advance certain funds to Owner to finance such construction in consideration of the execution of
this Waiver.
NOW, THEREFORE, intending to be legally bound hereby, at the time of and
immediately before the execution of the Agreement, and before any authority has been given by
Owner to Architect to commence work on said housing project, for and in consideration of the
making of the Agreement with Owner, Architect does hereby, for Architect and any and all
subcontractors, material suppliers and panies acting or claiming for, through or under Architect,
including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer,
covenant and agree with Owner and PENNSYLVANIA HOUSING FINANCE AGENCY that
no mechanics' liens or claims shall be filed or maintained by Architect, or any of them, against the
real estate described in Exhibit A attached hereto, or the buildings thereon, for or on account of
any work done or materials furnished under the Agreement or under any supplemental contract,
verbal or written, or contract for extra work in or about the planning, designing, rehabilitation
andlor construction and completion of the housing project, or otherwise; and Architect, for
Architect and any and all subcontractors, material suppliers and panies acting or claiming through
or under Architect, including, inter alia, any mechanir.al or electrical engineer, construction
engineer or civil engineer, hereby expressly waives and relir.quishes the right to have. file or
maintain any mechanics' liens or claims against the real estate or buildings.
Waiver of Liens - Construction AdministrationlDesignlPennHOMES
Stevens Affordable Housing (0-503)
Page I of 3
This Wlliver waiving the right of lien shall be in an independent covenant and shall operate
and be effective I1S well with respect to work done and materials furnished under any supplemental
contract for elrtra work in the planning, designing, rehabilitation and/or construction, construction
contract administration, and completion of the housing project as to any work and labor done and
materials furnished under the Agreement
In order to give Owner and PENNSYLVANIA HOUSING FINANCE AGENCY full
power and authority to protect the real estate and buildings agllinst any and all mechanics' liens or
c1llims filed by Architect or anyone acting or claiming for, through or under Architect or in
violation of the Agreement or this Wlliver, Architect, for itself and all subcontractors, material
suppliers and panies acting or claiming for, through or under Architect, including, inter alia, any
mechanical or electrical engineer, construction engineer or civil engineer, hereby irrevocably
authorizes and empowers any allomey of any Court of Common Pleas of the Commonwealth of
Pennsylvania or any attorney of any court or jurisdiction there or elsewhere, to appear in any
court or jurisdiction for Architect, and mark satisfied of record, at the cost and expense of
Architect, or any such subcontractor, material suppliers or party including, inter alia, any
mechanical or electrical engineer, construction engineer or civil engineer, any and all claim or
clllims, lien or liens filed by or for Architect, in its or their name agllinstthe real estate, build:ngs,
or any pan thereof, and, for such act or acts this shall be a good and sufficient warrant and
authority, and a reference to the Court, tenn and number or place in which the Agreement and
this Wlliver shall have been filed shall be sufficient e:othibit of the authority herein contllined to
warrant such action; and Architect, for itself and all such panies, does hereby remise, release and
quit-c1llim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each of
their attorneys any and all manner of errors, defects and imperfections whatsoever in entering
such satisfaction or anywise touching or concerning the same,
The Agreement and this Waiver are made and intended to be filed with the Prothonotary
orthe Court of Common Pleas of the County or other proper place in which the above-described
lands are located,
It is expressly understood that this Waiver and all of the provisions and remedies herein
contllined shall be available to and for the protection of PENNSYLVANIA HOUSING
FINANCE AGENCY and Owner ofsllid premises.
In the event Architect consists of more than one person, tinn or corporation, the
undertakings hereunder of each of such pe~sons, finns or corporations shall be joint and several,
and the word "Architect" shall mean all or some or any of them, For the purposes of the
Agreement and this Wlliver, the singular shall be deemed to include the plural, and the neuter shall
be deemed to include the masculine and feminine, as the context may require,
Waiver of Liens - Construction AdministrationIDesign/PennHOMES
Stevens Affordable Housing (0-503)
Page 2 of 3
. .~
EXHIBIT "A"
"
LEGAL DESCRIPTION
Parcel#OS-21-0320.034
ALL THAT CERTAIN half lot of ground situate on the north side of West Louther Street at a
distance of sixty feet, more or less, enst of the intersection of West Louther Street and Pitt Street,
in the Borough of Carlisle, Cumberland Count)' and State of Pennsylvania, more particularly
bounded and described ns follows:
BOUNDED on the South by West Louther Street; on the We~1 and North by properties now or
formerly of the Estate of Clara M. Frank; and on the Enst by propf:rty now or formerly ofR, R.
Todd. CONTAINING 60 feet in front on said West Louther Street and extending in depth at an
even width 120 feet to the aforesaid lot now or formerly of the Estate of Clara M. Frank on the
North.
IT BEING the southern half of Lot No. 95 on the general plan of the Borough of Carlisle, and
being improved with a three-story store and apartment building known ns 63-67 West Louther
Street, Carlisle, Pennsylvania.
BEING the same premises which Stevens Housing Corporation, a Pennsylvania Nonprofit
Corporation. by Deed dated November 12, 1996 and recorded November 14, 1996, in the Ol'tice
of the Recorder of Deeds, in and for Cumberland County, in Deed Book 149, Page 87, granted
and c9nveyed unto Louther Place Limited Partnership, a Pennsylvania Limited Partnership.
."
,
i
,..
\
f
'1,\
{.,
(,
~
I'
I.
,
~
<n
j~ - ~ t
c:; -;r,o
.. ~ .~
0 mlf1
~ -. i)~
:!: <;'.l~ 0
~, -c :r 1
c' 92::i 0
~( r- -.1;; )
- ..', lJ e ~
-~' >- II:
c...' ""2 '"
Ld 1,)'1) '" V
C:;J ~q~
~ -.0 ....~
en a
,
., ...
ROBERT WHALEN and
AMANDA WHALEN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Owners
VS.
NO. Qh-0830 MLO rO'/Yt
CRI>.WFORD CONSTRUCrION, INC.,
contractor
STIPULATION AGAINST LIENS
WHEREAS, crawford construction, Inc. has entered into a contract
with Robert Whalen and Amanda whalen to provide materials and perform
la~or necessary for the construction of a residence upon a lot of ground
locate in the BOrough of WormleysbuI'g, Cumberland County, PA as more
fully described in Exhibit "A".
NOWTHEREFORE, it is hereby stipulated and agreed by and between
the said parties, as part of the said contra~t and for the con~ideration
therein set forth, that neither the undersigned contractor" an sub-
contractor under this contract shall file a lien, commonly called a
mechanic's lien, for work done or materials furnished to the said
building or any part thereof.
This stipulation is made and intended to be filed with che County
Prothonotary in accordance with the requirements of Section 402 of the
Mechanics Lien Law of 1963 of the commonwealth of pennsylvania in such
case provided.
IN WITNESS WHEREOF, the said parties hereto have hereunto set
their hands and seals this 17th day of December, A.D. 1996.
Signed, sealed and Delivered
in the presence of
l\
"
,/II~/J7 .}1/~
/14 #I ?Il
/14 $1 jlt.
BY:
p.o~, r ,= L.i;.." ,
UtV(t t[('(. ( C' l4U.-- c1pJc.
ROBERT WHALEN '
cl,,:CU:f
JJ,J'(J/9~
a/LiDt ((( ((I a. u_
AMANDA WHALEN
cumberland County, pennsylvania
on this the 17th day ot December, 1996 before me the undersigned officer
personally appeared Amanda r:. Whal'"JO as attorney in fact for Robert F' :Whalen
u/p/a dated 12/16/96 and AW1.1da E. Whalen known to me (or satistactorily
proven) to be the person~ whose names are subscribed to the within instrument
and acknowledged that th~y eK0~ut~d the same for the purposes herein contained.
_.- --~ ...----
i' I _)' r ' ~,I\ I : I ," I
JF.:fTfl~.{ 1"1 '('.,p-f.i., r;','.lr'l Public
Carnp HI'I B()'v. CIl'llbvINII.1 County
M Commi:'l~,il)n EAtJ'r'l:l ~~, 2'3,2000
/iJ";7//' AIIt'
" .
. ..
__.~_.___~_____ ..______.___._~_._..___.______T-----.---
ALL that certaill traot or paroel of land situate 1n the
Borough' of Wormleysburg, county of Cumbel'lllllll and Commonwealth of
Penllsy Ivllnia, mOl"e pal,ticulaL'ly boumlell nnll llescL'ibell as follows, to
w1tl
BEGINIIlIlG at an iron pin on the west r lyht-of-'way lln8 or
Beach Farm Huall nt Lhe division line between Lots 1 and Z 011 the
Suudivlsion Plnn [or bewis W. and Midnm W. Ke) ly nnd l'ecol'llell In 1'10n
Book 29, Pnye 9J; Lhence olony the west r iyht-ur-wny line or Beach Form
Hoad uy a curve lo lhe dyht hav iny a l'odius o[ 1100.!j9 [eet, an orc
length of 10.5" feet lo 0 point; lhence a lony lhe snme, Oouth 01 deYl'ee
19 minutes J!:aat, n distnnce o[ lJ1.!j(j reet lo nn iron pin at Lot 119,
Plan or pennsboro ManOl' I\eviseu; thence alony the same, South 92 lleql'eefl
JJ minutes west, n ,Ilstnnue u( 11\) .1U (eeL Lo "n il'OIl pill nL l"n<1 of
S. K. nillehnl'L; Lhell<~e alung snme, IIU1'Lh ) I <I..gl'e"B U minuL..s WesL, "
distance or 1UU.)5 (eeL \;0 nn h'on pin at I.ot 11 of the above mentioned
:';uhu Iv ltl1un Jl1nn/ I.henue a 1uny BDllte, lIul:lh GI) ueyrofls "1 minutes Ellst,
n dlstonce or :.lUU.J5 reet to !l point, tho piace or BEGINNING.
DEItlG Lot 12 011 that Re-Buudivision Plan of Lewis W. Kelly I:lhd
lIir1am W. Kelly, his wire, dated lIuvember 5, 1976 in Plan Do ok 29, Page
93.
f
f
I
I,:
,
L,
EXHIBIT "A"
..
.
l~
~~1
'-'
~ ""
c1>
~
~ "" .... ~ ~ ~
~ \:;
", ~~
Cb _J...( .
I...)."
\~; ",,: r ) :.....;. '"
..J: .~ ;;,.....
r. ()-;i
(', ct. ".' ~. (i"i "'"
't - l~! o!..J Q
if",. (,.) \m~ ~
""
\-, ~ -.:
....
\', ,p a
(;I 0"
,
,