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Home My WebLink About00-01038 ............ .J. < IiollIwL,~.~ '"~,~" ,~ ~ ~ -~.""i} ~ ~ WAIVER OF LIENS 7Lo, .;2 rrrm - / (; 36> In A 0 r;...... THIS AGREEMENT made this 24th day of Jarruarv , lD) 2000 . between Harris Savings Bank, party of the first part (hereinafter called Owner), and Miller & Norford, Inc. , party of the second part (hereinafter called Contractor} WHEREAS, the said parties have by a duly executed Agreement under seal, entered into written contract to construct the new Harris Savings Bank, located at Camp Hill Mall, Camp Hill, Pennsylvania. WHEREAS, by the terms of the Contract aforesaid the Contractor covenanted, promised, and agreed that no mechanics' or materialmen's lien or claims would be filed or maintained against the said building or buildings or any part thereof, or the curtilage cpr curtilages appurtenant thereto, either by himself or anyone else for or on account of any work, labor, or materials supplied inthe performance of the said Contract, or under any supplemental contract or for extra work in the erection, construction, or completion of the said deceleration lane or any of the curtilage appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That the Contractor, for himself and anyone else acting or claiming through or under him, for and in consideration of the Contract aforesaid and the considerations of the Contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of one ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby waive and relinquish all right to file a mechanics' lien, claim, or notice of intention to file any lien claim, and does hereby covenant, promise, and agree that no mechanics' 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 curtilages appurtenant thereto, by or in the name of Contractor or any subcontractors, 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 any part thereof, Or on credit thereof, and that all subcontractors, materialmen, and laborers on said work shall look to andhpldCpntractor personally liable for all subcontracts, materials furnished, and work and labor.:dOj1e, .sothat there shall not he any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said Contract for and about the erection, construction, and completion of said buildings as aforesaid, or under any Contract for extra work or for work supplemental thereof, or otherwise. AND this Agreement waiving the right of lien shall be an independent 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, construction, and completion of the said building or buildings as to any work and labor done and materials furnished under the Contract aforesaid. Harris Savings Bank Camp Hill Shopping Mall Project 4505,08 Page-l 1!I~f~w!iJjl~Wllt'rlillk~~r.~lllJ..rh~lliIfi!!i<Cl;~L" " .~~..;;,~;..",i_'~;"'",-," ":llllllllllli!lliif"'- 'lJlr.i!tIiMlililillfllB'-' , iIlIi.~"''''''''''' ~"' ._C' _ '" AND, in order to give the Owner full power and authority to protect himself, the lot or lots of ground, and the building or buildings, and the curtilage or curtilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through him or if in violation of the foregoing covenant, the said Contractor for himself, themselves, itself. hereby irrevocable authorizes and empowers any Attorney or any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as Attorney for him, them, it, or any of the, in any such Court and in his oj- their name or names, mark satisfied of record at the cost and expense of the Contractor or of any Subcontractor of Materialman, any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, or cause to be filed in connection with such claim or claims, lien or liens (in the name of the Contractor or any Subcontractor or anyone else acting under or through him) any pleading or instruments, or any amendment to any pleading or instrument previously filed by him or them, to incorporate therein, as part of the record the- waiver contained in this instrument, and for such act or acts this instrument 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 warranty such action, and the Contractor for himself and for them does hereby remise, release, and quitclaim all rights and all manner of errors, defects, and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument, or amendment, or in any way concerning them. IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day and year fir above written. HARRIS SAVINGS BANK WITNESSES PRESENT: ~~a~ (Seal) y'/C..z ?'?f'~P&/tl:/- OWNER ~ Philip C. Goth. V.P. Construction Services (Seal) MILLER & l'KlRFORIJ, :m::. CONTRACTOR By Harris Savings Bank Camp Hill Shopping Mall Project 4505.08 Page-2 II' ~qN-28-2111111111 _ ' ,01/28/00 'L ;[.,;, "~,_, 13'45 FROM:VITETTR H8G 17177637970 12: J'7 I<I<F!J ITZ PROPEl< I I es + 17171637S70 ";,,,;1';; """ P.11I1112'003 -Iillii: -,-,' TO: 7177631568 ( , , D~StAIP"IOfl I'oll that ~in t:ra.c:t oj!.grgund situate in CaI'I\? llU.l ~ and East Fenn,bgro Township. C~mb&rland to~nty, Pennsylvania, D~s~rlbld aco:ordins to a plan titled "SlIrvey Plan for CaCftp Hill Shopping , - Center A;.oc:lateS: d..ed September 21, 1984, by Roblrt ;. 'Kar'ch , Associates. Inc. 8EGI~ul"G at a point, Said point )elng on tbe western ri9~t of way line of South 3Ind Street eLk Z1070) us Rout!' 1 I and 15 and rh4 sgurhern right of ~ay of Trlndle Road.(LR 507). Thencc, alcng sal d right of ...ay \ I ne of SOllth )2nd S t re It the f" II 0" i n g 0) courses and diltances: \. Soud'l 400 33' .00" hst, 1)4.53 feet to . pa in t; I. South 100 26' 00" Eue, 461,34 feee to . poInt; ) , South It 0 48' 00" Ea't, 870.92 feet ta a point; SOlid point on the northern right of ..ay of Ramp , H' (LR 7(7) the Harrls~ur9 Expressway. Thence, alo"9 saId right of way lIne, South 760 Il' 00" \lest I LOO feel to a poln.t. Thlnce:, alo"9 a cvrve to the rlght,'with a radlvs or 3'4.00 foet far .n arc di.ta"ee of 368.13 feet, with an Includ~d angle of 530 32' 00" and. e.hord of South t~O 58' 00" \lest 3)4.85 fe"t to a point of tangonc:y. Thenc.~. st ill along nonher" right of way Ill'1e of Ralllp 'H' (LR 76]) the following (~) courses and distances: I. South, 410 44' 00" lies t SaLOl fe.. tll . poi nt; South S6c ra' 00" u ZO 5S " ..elt Z. feet to a point: Along a curve to the right with a radius of 364.00 foot for an arc distance of Z52..0a he-t, ..i Ih an included anglo of ~Oo 09' OS", and a chord of S,,~th 7SoZ0' 32" West z~'.90 'eet tll a point; 2. 3. Ellhi!;j.j: A ~ : ~ ~"O,_~~ JPN-28-21a1a1a 13:45 FROM:VlTETTA H8G 1717763797121 12:37 l<RAlIITZ I"ROPERTlES ~ 1717763'797121 0" ~', :-I-',u" ... TO: 7177631568 P.1a1a3/1a1a3 1"iU. IC.IJ.. \ , . . ' .01/28/00 , ,. ( , ( ._. So~th SO ~\' 00" Vest 16.00 feet to . poInt On the nordu..n right of way line of the Harrisburg i:xpreUwlIY (Route 11). Thene~. 110n9 said right of way North 850 12' 00" West, 86.02- feet to. pglnt. Thence, leaving the northern right of "ay line of ths Harrisburg E~pr:ssway (Route II) and .Iong the I ine of lands of Penl'lsylvanl a Real rotate Investl1lont Tru'st ths follo..1nll' S eourses ancl dt s t8nc,BS ~ 1. North 2~0 ~9' 00" \leU 96.77 feet to a point; ~. North 650 II' 00" East IS_DO f.."t' to a point; 3. North 2~O ~91 00" 'oIest IZO.OO feet to I point: On ttle East PennSDoro Township/aorough of Camp Hi 11 l1ne ~. Following I portion af the aforesaId Township/8orough line "orth ~30 56' 00" East 3a~.Oa ieet to a point: 5. North 2~o 49' 00" lIeSt 1631.73 feet to a point on tbs southerly rl,ht of way lino of Trindle Road (l~ 507). Thence, alo!\S saId right of way lin6 North SSQ ~I' 00" East 118/i.76 fut to the point and place of begin;ling. CONTAINING 1j1j.32.acrc:s of lend, more or \e~s. A-2' '. J.: ~,", Ft ~ c ~ "-.l '''''''''_''''''rWJ1j;j~~~~~~'''illil;2l'!i~''''' ;,~d ",,""'d" '. ~ ~ ~,_......_""""""'"' o c.: :S' ""(,1(:. ~~~~ ~~ ~~ ~C ~2J J7S;; ~~ -<. c:-' c=' -'; <"-.-:, :::;:':; r0 ,....., .~: ~"'i.'J -~ -,; ~') ;~\n t,.,.) Cf\ :0. -<. .' 4 .. ~ (l&. "- .0 ~