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Home My WebLink About00-03667 "'-=,~'~ ,~ ~ = -- ~~ __ n ,,', ~. I' 00 - .]~(, 7 /Ylt,j) . fA AGREEMENT AND WAIVER OF MECHANICS' LIENS CF or Contractor) To be indexed against: (1) EAST COAST CONTRACTING, INC., as Contractor for index purposes, Plaintiff v. HAMPDEN STATION, as Owner for index purposes, Defend~t ~d (2) HAMPDEN STATION, as Owner for index purposes, Plaintiff v. EAST COAST CONTRACTING, INC., as Contractor for index purposes, Defend~t ~._"-. ". AGREEMENT AND WAVIER OF LIENS (for Contractor) KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, EAST COAST CONTRACTING, INC. ("Contractor"), has entered into a construction agreement (the "Agreement") with HAMPDEN STATION ("Owner"), owner of the real estate located in Hampden Township, Cumberl~d County, Pennsylvania, as more particularly described in Exhibit "A" attached hereto ("Premises"), for the perform~ce of certain work including excavating, site preparation ~d site improvements (" Improvements ") located at, in, on ~d upon the Premises; ~d WHEREAS, FULTON BANK will adv~ce, subject to the terms of its lo~ documents, certain funds to Owner secured by a mortgage ~d other instruments which will encumber the Premises; ~d WHEREAS, it is the intention of Owner ~d Contractor that (a) neither the Premises, the estate or title of Owner in the Premises, the Improvements, erected or to be erected thereon, nor the curtilage or curtilages appurten~t thereto (all of the aforesaid hereinafter referred to as the "Project") shall now or hereafter be subject to a lien of ~y kind for ~y debt or debts due by Owner to Contractor or for ~y debt or debts due by Owner or Contractor to ~y subcontractor, materialmen, laborer or other party (Contractor ~d all other subcontractors, materialmen, laborers and other parties are hereinafter individually ~d collectively referred to as the "Waiving Parties "), whether such debt or debts be for contracts or subcontracts executed or for materials, labor, work, superintendence, goods or services furnished or supplied in connection with the erection and construction of the Improvements; ~d (b) the right of ~yone, including all Waiving Parties, to claim ~y such lien be waived hereby; NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in h~d paid, the receipt of which is hereby acknowledged, as well as for ~d in consideration of the entry by Owner into the Agreement ~d for the benefit of Owner ~d Lender, does hereby, for Contractor ~d ~y ~d all of the other Waiving Parties, expressly waive ~d relinquish all right to file a mechanics' lien, claim or notice of intention to file ~y lien or claim ~d does coven~t ~d agree that no mechanics' lien, claim or intention to file ~y lien or claim shall be filed or maintained by or in the name of Contractor or ~y of the other Waiving Parties against the Project, or ~y interest of Owner or Lender therein, for or on account of ~y work done or materials furnished under the Agreement or under ~y supplemental contract, verbal or written, or contract for extra work for elL WORKIREALIG061200B.WPD -2- ... ~ ,~,- , ~;l' ~ . or about the m~agement, superintendence, erection, construction, alteration, repair ~d completion of the Project, or ~y part thereof, or preparation therefor, or ~y of them or otherwise, ~d all of the Waiving Parties (other th~ the Contractor) shall look to ~d hold Contractor personally liable for all contracts, subcontracts, materials furnished ~d work ~d labor done, so that there shall be no legal or lawful claim of ~y kind whatsoever against Owner ~d/or Lender for any work done or labor or materials furnished under the Agreement or under ~y supplemental contracts, verbal or written, or contracts for extra work for or about the m~agement, superintendence, erection, construction, alteration, repairs ~d completion of the Project, or ~y part thereof, or preparations therefor, or ~y of them or otherwise. TillS AGREEMENT waiving the right oflien shall be ~ independent cove=t. In order to give Owner ~d Lender full power ~d authority to protect the Project against ~y ~d all mechanics' liens, claims or intentions to file liens or claims filed by ~y of the Waiving Parties or in violation of this Agreement, Contractor, for Contractor ~d all other Waiving Parties hereby irrevocably authorizes ~d empowers ~y attorney of ~y Court of Common Pleas of the Commonwealth of Pennsylvania or ~y attorney of ~y other court or jurisdiction there or elsewhere, to appear in any said courts or jurisdiction for Contractor, ~d all Waiving Parties, or ~y ofthem, as m~y times ~d as often as Owner deems necessary, ~d to mark satisfied of record, at the cost ~d expense of Contractor, or ~y such subcontractor, materialmen, laborer or other party, ~y ~d all claim or claims, lien or liens, intention or intentions to file lien or claim ftled by or form them or ~y of them, or in his, its or their name against the Project, or ~y part thereof, ~d, for sueh act or acts this shall be a good ~d sufficient warr~t ~d authority, ~d a reference to the Court term ~d number or place in which this Agreement ~d Waiver shall have been filed shall be a sufficient exhibit to the authority herein contained to warr~t such action; ~d Contractor, for Contractor ~d all Waiving Parties, does hereby remise, release ~d quit-claim unto Owner ~d Lender, successors ~d assigns, ~d their ~d each of their certain attorney or attorneys ~y ~d all manner of error ~d errors, defects ~d imperfections whatsoever in entering such satisfaction or ~y way concerning the same. This Agreement and Waiver is made ~d intended to be filed with the Prothonotary of the Court of Common ]pleas of Cumberl~d County, the county in which the Project is situate, in accord~ce with the requirements of Section 402 of the Mech~ics' Lien Law of 1963 (49 P.S. Section 1402). All of the foregoing waiver provisions ~d remedies herein contained shall be available to ~d for the protection of Owner ~d Lender, their successors ~d assigns. C:\L WQJ<K\REAL\G061200B. WPD - 3 - "",J.. - . J. IN WITNESS WHEREOF, these presents have been duly executed this day of JUVn..- ,2000. Name Title: EAST COAST CONTRACTING, INC. By: GfJCk Name: awrence D. Kostelac President -,~.- 000 M. Kostelac Secretary C:\L WORK\REAL\G061200B.WPD -4- --.:- '1,,-< I~ ~ "II. i'__ ..i ~ ;, . " EXHIBIT A ALL THAT CERTAIN tract of land, together with the improvements thereon erected, located in the Township of Hampden, County of Cumberland, and State of Pennsylvania, more particularly bounded and described in accordance with a Boundary Survey for Orrs Bridge Road Parcel prepared by Dawood Engineering, Inc., and dated August 2, 1999, as follows: BEGINNING at a point in the bed of Mountain View Road (T-625) which point is located South 89 degrees 09 minutes 15 seconds East a distance of 623.84 feet from the center line of Orrs Bridge Road (T-618) and which point is located North 12 degrees 26 minutes 25 seconds East a distance of 30.63 feet from the proposed southern right- of-way line of the said Mountain View Road (T-625); thence within the bed of the said Mountain View Road (T-625) South 12 degrees 26 minutes 25 seconds West a distance of 30.63 feet to a point marked by an existing iron pin in the western line of lands now or formerly of Joseph Y. Seville and Linda T. Seville; thence continuing by the western line of said lands of Seville and by the western lines of lands now or formerly ofVanessaH. Green, William J. Geppert and Diane E. Geppert, George E. Myers and Valaria A. Myers, andpamay Development Co., Inc., South 12 degrees 26 minutes 25 seconds West a distance of 685.10 feet to a point; thence continuing by the western line of said lands of Pamay Development Company, Inc., South 00 degrees 30 minutes 57 seconds West a distance of 188.27 feet to an existing iron pin at the northern line of lands'now or formerly of Theodore G. Feister and Arlene R. Feister, his wife; thence by the northern line of said lands of Theodore G. Feister and Arlene R. Feister, his wife, and through an existing concrete monument North 82 degrees 56 minutes 30 seconds West a distance of 617.79 feet to a point within the bed of the said Orrs Bridge Road (T-618); thence within the bed of the said Orrs Bridge Road (T-618) North 10 degrees 02 minutes 14 seconds East a distance of 833.24 feet to a point; thence through the bed of Orrs Bridge Road (T-618) and within the bed of the said Mountain View Road (T-625) South 89 degrees 09 minutes 15 seconds East a distance of 623.84 feet to a point, being the place of BEGINNING. CONTAINING 11.9498 acres, more or less, and being known and numbered as 4090 Mountain View Road. BEING the same premises which Arthur R. Feister by his deed dated February 14, 2000, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Deed Book 216, Page 233, granted and conveyed unto Hampden Station, a Pennsylvania general partnership, Owner. 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