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Home My WebLink About00-03514 I ~ I" " '''''"-4li>: SMITH LAND & IMPROVEMENT CORPORATION Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: m-35/l/ ;n /-)) CUMBERLAND DESIGN 8. BUILDING COMPANY, INC. Contractor WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this..r....- day of June , 2000, between SMITH LAND & IMPROVEMENT CORPORATION, a Delaware corporation, with its principal office at 2001 State Road, Camp Hill, Pennsylvania ("Owner") and CUMBERLAND DESIGN & BUILDING COMPANY, INC., a Pennsylvania corporation, with its offices at Claremont Road, Carlisle, Pennsylvania ("Contractor"). WHEREAS, by a duly executed written agreement dated June 5. 2000 , (the "Contract"), Owner and Contractor have contracted for the construction of certain improvements and renovations, including interior painting and lighting and exterior wall panels and painting, at "Building #4" of the L. B. Smith, Inc. facilities located at 2001 State Road, Camp Hill, Pennsylvania, in accordance with the Contract (the "Improvements") on the property situate in Lower Allen Township, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly described in Exhibit "A"; and WHEREAS, no authorization has yet been given by Owner to Contractor to commence its work or purchase materials for same; and WHEREAS, no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any subcontractor or materialman. NOW, THEREFORE, the Contractor, for itself, its successors and assigns and anyone else acting or claiming through or under it, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: R:\DOCUMENTS\CUMBERLAND WAIVER UENS.OOC 1 of 3 - ,~ - :,'.- "' t",c _"_ -", ~ -'~, " .... 1. Waiver of Lien. Contractor hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of intention to file any lien or 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 Improvements or the estate or title of Owner in the Property as described in Exhibit "A" and as shown on Exhibit "B" or the curtilage or curtilages appurtenant thereto, by or in the name of the Contractor or by or in the name of any subcontractor, materialmen or laborers for work done or materials furnished under the contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished under the contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. Independent Covenant. 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 Improvements and as to any work and labor done and materials furnished under the contract. 3. Power of Attornev. In order to give owner full power and authority to protect itself, the property, the estate or title of owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as attorney for it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or (Ii) cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and 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. A reference to the court, term and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for itself and for them hereby remises, releases and quit-claims 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 the event anyone acting through or under Contractor shall so file a lien in violation of the foregoing covenant, Owner may not exercise its rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been received by Contractor. R:\DOCUMENTS\CUMBERLANO WAIVER UENS.OOC 2of3 ., ~ ~" ~'I ~ , -" ",', ~ ~' F~">"""<'I,:;' -"",,_', [~,' ~ - 4. Public Notice. This Agreement shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, have caused this Contractor's Waiver of Liens to be executed the day and year first above written. OWNER: SMITH LAND & IMPROVEMENT CORPORATION ATTEST: Js~ ~~ Q J. . Savard, Secretary ---- (SEAL) CONTRACTOR: CUMBERLAND DESIGN & BUILDING COMPANY, INC. ATTEST: 1J-A l' l1] I/.ea ~f) /JIr,tt-. L{~ w. R. Unger, President (SEAL) R:\DOCUMeNTS\CUMBERLAND WAIVER L1ENS.DOC 3013 , ~ <' 1 1 JUN- B-OO THU 9:50 AM L B SMITH ACCOUNTING T .... JUN- 7-00 IlED 18:09 HAKTl1IltI & 1ll>:AAi. FAX NO. 717+7374245 rl'lA 11V. I.,I.,J,,"VU,", , LEGAL DESCRIPTION FOR L.B. SMITH INCORPORAnO ALL THAT CERTAIN traot or parcel of land situate in the 'Township of lower Allen, County of Cumberland and State of Pemsylvanla. bounded end described 88 follows: BEGINNING at 8 point on the cel'lter line of Old Gettysburg Road (S.R. 2014) said point betng located North 50 degn,e$ 00 mll'l\ltes 00 second. East 8 distance Of 40a f8st more or leas from the centerline Interseclton of said Gettyeburg Road end CarliSle Road (S.R. 2018); \hence alOng the center line of Old Gettysburg Road (S.R. 2014) North 50 degrees 00 minutes 00 seconds East 8 distance of 790.8 feet to a point on the southern line of land now or late of the Penn Central Railroad; thence along the southern line of said railroac:l North 79 degrees 00 minutes 00 seconds f:ast a dJSIane& of 600.0 feet to a point; thence along the southem One of stid railroad by a curve to theld having a radius of 616.45 feet end en arc length of 120.00 feet to a point; thence South 40 degrees 30 minutes 00 soooncl8. East a distance of 10.00 feet to a point on the northwellvm line of land now or late of Reading RlIllroetI; thence along the northwestern line of land now or late of !he Reading Railroad South 47 degrees 55 minutes 00 SGQOnds West a distance of 1410.9 feet 10 a pOint; thence a10l'l9 land now or late of Smith land and Improvement CorporaUon North 42 degrees 05 minutes 00 seconcl8 West 8 distance of 403.0 feet to a point on !he center One of Old Gettysburg Road (S.R. 2014). said pQint being the plate of BEGINNING. CONTAINING 9.72 acres more or Iss$. , -.......,-~ P. 2 > ~,~ '0' "'~'_'"" ~"-'-'ln1i;;D~oi~i;iI;lil1iEi ~~" '-lnl'~"~~~"~ "' - .'" "..Mo.'".. , ,.. "...H, ". , \ () C, ~ c- O ,~, ~ ~ ~ ~ j :-OC'. ~----' ( ~ ~rT1 :i; . .:::1 Zty (J).~" '.0 -----::",'[.1 ;:$':<" : "J ~':7 ~ s;::O ,'''-, I ~O " :::":,() ~ ::J.:: ;:":-:;-"" 'FO :."-,1(:~ . .PC - cjrn ?J " ~ ~ ~ '" c ::0 -< L ,'.".. _" , .~ j!;