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HomeMy WebLinkAbout97-01327 \ q ,., _ I ~:J. '1 (l1 L. D 1-lI\n'r'- rj. J 0 ' - u' e\ . O::t:I-(j ~";Y- Vc~...) AGRI<:EMl<:NT t\NJ) WAIVEIt 011 MECHANICS' LIENS (For Exeuvution Contraet'lr) To be indexed alluins!: (I) Mark Crete, Inc. us Excavation Contraetc,r fur index purposes, Plaintin' v, and , ' ,~ , ) -I - 'j - ..,' I " " I -, , ", , .. ,~ Szelcsllullding und Leasing Company, as Owner for index purposes, Defendant (2) Szeles Building and Leuslng Company, as Owner for index purposes, PluintW' v. Mark Crete , I nc. as Excavation Contractor for index purposes, Defendant ll,IlWORKIRliA\.\G01lI91O Wl'll AGltEEMENT ANI> WAVIER OF LIENS (for Excavution Contractor) KNOW ALL MEN BY TIIESE I'RESENTS, THAT: WHEREAS, Mark Crete, Inc. ("Contractor"), has entered into a construction contruetto supply labor and materials for excavation under date of Dec. 6, 1996 , (as the same may be amended from time to time, the "Agreement") with SZELES BUILDIN(; Ai~D LEA5!i':G COMPANY, II h;lIn~yl'{ul.iillimilc,i lidLilily cumpany ("Owner"), lellal and/or equitahle owner of the real estate located ut in Lower Allen Township, Cumberland County, Pennsylvania, as is more particulurly described in Exhibit "A" attached hereto ("Premises"), in connection with the erection and construction of a sinllle story office buildinll and parkinll area ("Improvements") located on the Premises; and WHEREAS, it is the intention of Owner and Contractor that (a) neither the Premises, the estah: or title of Owner in the Premises, the Improvements, erected or to be erectcd thercon, nor the curtilage or curtilalles appurlenantthereto (all of the aforesaid hereinafter referred to as the "Project") shall now or hereatier be subject to a lien of any kind for any debt or debts dlle by Owner to Contructor or for any debt or dehts due by Owner or Contractor to any subcontractor, materialmen, laborer or other party (Contractor and all other subcontractors, materialmen, laborers and other parties arc hereinafter individually and collectively referred to as the "Waiving Parties"), whether such debt or debts be for contracts or subcontracts executed or for materials, labor, work, superintendence, Iloods or services furnished or supplied in connection with the erection and construction of the Improvements; and (b) the right of anyone, including all Waiving Parties, to claim any such lien be waive hereby; NOW, THElmFORE, Contractor, intendinllto be lellally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt of which is hereby acknowledlled, as well as lor and in consideration of the entry by Owner into the Agreement and for the benefit of Owner does herehy, for Contractor and any and all of the other Waiving Parties, expressly waive and relinqllish all rillhlto liIe a mechanics' lien, claim, or notice of intention to file any lien or claim nnd does covenant and allree that no mechanics' lien, n \I.WORI\.IRI:AI:,fjOU 19711 Wi'l> - 2 - claim, or intention to file any lien or c1uim shull be tiled or muintuined by or in the name of Contractor or any of the other Wuivinll Purties allainstthe Project, or any interest of Owner therein, for or on uecount of any work done or materials furnished under the Allreement or under uny supplemental contruct, vcrbal or written, or cOlllractlilr extra work lor or about the manallement, superintendence, erection, construction, alteration, repuir und completion of the Projcct, or any part thereof, or preparation therefor, or any of Ihem pr otherwise. und ull of the Waivinll Parties (other than the Contractor) shull look to und hold Contractor personally liable for all contracts, subcontracts, materials furnished and work and labor donc, so that there shall bc no legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under the Agrcement or undcr any supplcmcntal contracts, verbal or wrillen, or contracts for extra work for or aboutthc manallement, superintcndcnce, erection, construction, alteration, repairs and completion of the Projcct, or any part thereof, or preparations therefor, or any of them or otherwisc. THIS AGREEMENT waiving the right of lien shall be an indcpendent covenant. In order to give Owner full powcr and authority to protcctthc Project allainst any and all mcchanics' liens, claims, or intentions to file Iicns or claims filed by any of the Waiving Parties or in violation of this Agreement, Contractor, for Contractor and all other Waiving Parties hercby irrevocably authorizcs and empowcrs any allorncy of any Court of Common Pleas ofthc Commonwealth of Pennsylvania or any allorncy of any other court or jurisdiction thcre or elsewhere, to appeUl in any suid courts or jurisdiction for Contractor, and all Waivinll Parties, or any of them, as many times and as often as Owner deems necessary, and to mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialmcn, laborer or other party, any and all claim or claims, licn or liens, or intention or intentions to filc a lien or claim filcd by or for thcm or any of them, or in his, its or their name against the Project, or any part thereof, and, for such act or acts this shall be a Ilood and sufficient warrant and authority, and a reference to thc Court term :1'1,J I1llmber or place in which this Agreement and Wuiver shall have been filed shall be a surticient exhibit of the authority herein contained to warrant such action; and Contractor, for Contructor and all Waiving Parties, does hereby remise, release and quit-claim unto Owner, Owner's successors and assillns, and their certain allomey or allomcys, any and all manner of error and crrors, defects and imperfections whatsoever in entering such satisfaction or any wise touchinll or conccrninllthe same. This Allreemcnt und Waivcr is made and intcndcd to be tiled with thc Prothonotary of the Court of Common Picas ofCumb,~dllnd County, the county in which thc Project is situate, in accordance with thc requiremcnts ofScction 402 ofthc Mechanics' Lien Law of 1963 (49 D,IlWDRKIREAlIC,ollI91D WPll - 3 - r I EXHIBIT A . All. that certain tract or parcel of land locatcd in thc Township of Lower Allen, County of Cumberland, and Stale of Pcnnsylvania, more fully boundcd und described as follows, to wit: BEGINNING at un existing monument marking the most westcrly comer of Lot A-3, a portion of Rossmoyne Business Ccnter (formcrly Rossmoync Industrial Park) as set forth in Cumberland County Plan Book 52, Palle 61 (as revised in Plan 13001: 53, Page 128); thence by the northerly boundary line of Lot A- J North 51 degrecs 50 minutes 23 seconds East a distance 01'232.00 feet to a point; thcnee South 38 dellrecs 09 minutes 37 seconds East a distance of 124,37 feet to a point; thence South 51 dellrees 50 minutes 23 seconds West a distance 01'232.00 fectto a point on the wcstcrly boundary linc of Lot A-3; thence North 38 degrees 09 minutes 37 seconds West a distance of 124,37 feet to an cxisting monument, the point of BEGINNING, CONTAINING 28,853.84 square fcct or 0,6624 acres. BEING all of Lot A-3B on that certain prcliminary/final subdivision plan of Lot1/A-3 dated October 4, 1996, as recorded in Cumbcrland County Plan Book 73, PallC 115. BEING a portion ofthc same premises which Smith Land & Improvement Corporation, by its Deed dated Septembcr 2.1987, and recorded in the Oflice of the Recorder ufDeeds in and for Cumberland County, Pennsylvania, in Decd Book X, Volume 32, Palle 401, granted and conveyed unto Szeles Real Estatc Developmcnt Company. AND BEING thc same prcmises which Szeles Rcul Estate Dcvelopmcnt Company by its deed dated , 1997, and intendcd to be recorded contemporaneously herewith, granted and con~eyed nnto Szeles Buildinll and Leusinll Company. O,1l WORKIllEALlOOllI97D,WPD - 5 .