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HomeMy WebLinkAbout00-03844 , ; >'~ ~.... SHADOW OAKS ASSOCIATES, Owner v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : No.: {HJ - 3 'iLf<t 1Y11.- 0 1Lv- HOGG CONSTRUCTION, INC.. Contractor : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this 2.0 t'aay of .J '^'^e.. , 2000, between Shadow Oaks Associates, a Pennsylvania general partnership, with its offices in Mechanicsburg, Pennsylvania ("Owner" and HOGG CONSTRUCTION, INC., a Pennsylvania corporation. with its offices at 2350 Springwood Road, York, Pennsylvania 17402 ("Contractor"). WHEREAS, by a duly written agreement dated~(A^e.. "ZO~2000 (the "Contract"), Owner and Contractor have contracted for the construction of a Giant Food Store and adjoining retail ' space as defined as the "Work" In the Contract ("Improvements") for a property owned by Owner in Silver Spring Township, Cumberland County, Pennsylvania (the "Property"). as more specifically described In Exhibit "A", attached hereto and made a part hereof; 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 sub- contractor or materialman; and 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: 1. Waiv~r of Lien< Contractor hereby waives and relinquishes all rights to tile a mechanics' tien, claim or notice of intention to tile any tien 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 or the curtilage or curtilages appurtenant thereto, by or in the same of Contractor or 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, 345447.1 " - ~ . ",-, ." ~P>--~Wd-';';- I '." :1' , ..II 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 completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. Indeoendent 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 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 Penn$ylvania 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 IiEln or liens, filed In violation of the foregoing covenant, or (il) 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. 4. Public Notice, This Agreement shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. -~ -, tiH-i;-; , :':,J ,.. 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, ATTEST: ~~~ (SEAL) ATTEST: OWNER: SHADOW OAKS ASSOCIATES By: SHADOW OAKS, INC., General Partner BY~ (~~ . Joseph D. Sny er, President By: JONATHAN HOGG,INC., General Partner r{A~& (SEAL) By: C2" @ '5L ~ --<-- .a6seph D. SnyCfer. President ATTEST: CONTRACTOR: HOGG CONSTRUCTION, INC. By; C1t Il J,- V. p, Charles R. Sowers, P.E. Vice President (SEAL) ~..=~ "~ -",,;,,,,,~&,-;,-'1 , ~ ';,), ",,- . " ALL THAT CERTAIN condominium unit situate, lying and being in the Township of Silver Spring, Cumberland County, Pennsylvania, being described as Unit No.2, Shadow Oaks Condominium, in a Declaration of Shadow Oaks Condominium dated the 9th day of January, 1998, which has heretofore been submitted to the provisions of the Uniform Condominium Act, 68 Pac C.S.A. 63101, et seq., by the recording of the said Declaration in ,the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Misc. Book 566, Page 119, as amended by the First Amendment to Declaration of Condominium of Shadow Oaks Condominium dated February 17, 1998, and recorded February 18, 1998 in the Office of the Recorder ,of Deeds in and for Cumberland County in Misc, Book 569, Page 214 and as further amended by the Second Amendment to Declaration of Condominium of Shadow Oaks Condominium, effective October 28, 1999, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Misc. Book 644, Page 1048, The Shadow Oaks Condominium Association Declaration Plat Units 1-4, prepared by Hartman and Associates, Inc. dated 9/2197 is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 11, Page 127, as amended in Plan Book 11, Page 133, and further amended in Plan Book 81, Page 16. EXHIBIT "A" _~jliil~jJitj,oo~""",,,l!j<!iliii~1B~;;~t>~liI!~'ili~1llli!I~~Jl:-:!&I,-~'in$~m-,,\lci"'~~~*""""'~.til 'W'\iI:i~~~--'"'" .~. ~~ " W~~,ii t,1 \ , -.. ,\.;. 0 <::> C) C:l -n C ~ ,.- ~-~ -vfr.~ -- '..::..~';: ~\~--~, n .zf~. N ~~? ~~:~;-: ..- '--",(-) .-:.1--;:, (2C ~;:J --n -:.;~ ?~ 'Z~~;) ?[:, r:~ '::::::'i :P<::. -r? Z ,:- :0 '-I, .- -< -< ~ r .. ~~ -.... <:> t -...I .c """ .