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HomeMy WebLinkAbout97-01763 . ~ KEYSTONE LODGING ENTERPRISES~ L.P., Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD D. POOLE, INC., Contractor q7 - I7tp?J NO. M.L.D. 1997 STIPULATION AGAINST LIENS WHEREAS, Keystone Lodging Enterprises, L.P., a Pennsylvania limited partnership, of 3304 Market street, Lemoyne, Pennsylvania 17043 (the "Partnership"), record owner of the hereinafter described tract of land, has executed or is about to execute contemporaneously herewith a contract with Richard D. Poole, Inc., a Pennsylvania corporation, of 2401 Pleasant Valley Road, York, Pennsylvania 17402 (the "contractor"), for construction of a hotel facility and other improvements (collectively the "Building") on a tract of land known as Lot Number 2, Final Subdivision Plan for wingate Inn, dated October 21, 1996, recorded in Cumberland county Plan Book 73, Page 117, situate in Cumberland County, Pennsylvania, being more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"); NOW THEREFORE, this 31st day of March, 1997, before any authority has been given by the Partnership to the Contractor to commence work on the Building or the Premises, or to otherwise construct any improvements thereto, or to purchase materials for ~ the same, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchases by or through any subcontractors or materialmen, in consideration of the making of said contract with the Partnership and the further consideration of One Dollar ($1.00) to Contractor paid by the Partnership, AND INTENDING TO BE LEGALLY BOUND HEREBY, Contractor agrees, for Contractor and for any and all subcontractors, materialmen and all persons and parties acting or claiming for, through or under contractor, that no mechanic's lien or other lien or claim shall be filed against the Building, premises, or any part thereof, whether by the Contractor or any subcontractor or by any of the materialmen, workmen or any other party or person, for any labor, materials purchased or extra labor or materials purchased, whether done pursuant to the original contract or pursuant to any amendment or supplement thereto whether verbal or written, or any subsequent or additional contract for extra work upon, in or a~out the Building or Premises (collectively the "Contract"). It is the full intent of the Contractor, as an independent covenant, for itself and for any and all subcontractors, materialmen, persons or parties claiming for themselves, or by, through or under the Contract or the Contractor, that the right to file a mechanic's lien under the provisions of any law and/or of any Acts of Assembly for work done or materials furnished in connection with or in any other way related to the construction of the Building or any other work on or about the Premises is hereby waived. In order to give Owners full power and authority to protect the Premises and Building against any and all mechanic's liens or other claims filed by Contractor or anyone acting or claiming for, through or under contractor or in violation of this agreement, Contractor, for itself and all such aforesaid subcontractors, materialmen and parties acting or claiming for, through or under Contractor, hereby irrevocably authorizes and empowers the prothonotary, clerk or any attorney of any court of the Commonwealth of Pennsylvania or prothonotary, clerk or any attorney of any other court in any jurisdiction here or elsewhere, to appear in said court or jurisdiction for Contractor, and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialmen or party, any and all claim or claims, lien or liens filed by or for Contractor, or in its or their name against the Premises, Building, or any part thereof, and for such act or acts, this document shall be a good and sufficient warrant and authority, and a reference to the conrt, term and number or place in which this stipulation of liens has been filed shall be sufficient evidence of the ~uthority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quitclaim unto Owners and each of their certain attorneys and other authorized agents, any and all manner of errors, defects and imperfections whatsoever in same. I ,! II I' I! I. I II II' ,. . entering such satisfaction or anyway touching or concerning the It is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of any mortgagee of the Premises. IN WITNESS WHEREOF, Owners and Contractor have executed , this Stipulation Against Liens the day and year first above written. WITNESS: OWNERS: Keystone Lodging Enterprises, L.P. BY' KEVSTO-4f. Lo/)<;olf E^,r~~I'~/$e$ ,.EN': Ql!f<lE-;?1l. p,.1aTAlc,4. By: C/ ~ . /} x~i ..v.~<.. ' JlG.~;:OE,Jr General pa~r I WlrN~) MUST: CONTRACTOR: (CORPORATE SEAL) Richard D. Poole, Inc. 'Y'~~~~ President L - C:\KSB\DOCUHENTS\KEYSTDNE,STP EXHIBIT "A" , ALL THAT CERTAIN lot situate In Uppar Allan Township, Cumberland County, Pannsylvanla, being more particularly bounded and dascrlbed as follows: BEGINNING at point on the southern legal right-of-way line of the Pennsylvania Turnpike Comrnlsslon, which said point Is 442,57 leet from tho western legal right-aI-way line of U.S. Rte, 15; thence along the western line 01 Lot #1 on the harelnafter described Prellrnlnary Subdivision Plan, south 06 degrees 29 rnlnutes 00 seconds west a distance of 255.58 feet to a point; thence continuing along the northern line of said Lot #1, north 83 degrees 31 minutes 00 seconds wast a distance of 387,83 feet to a point; thence continuing along the same, north 57 degrees 30 rnlnutes 04 seconds west a distance of 76,62 feet to a point on the eastern line of lands of Pennsylvania Turnpike Commission; thence along the samet north 18 degrees 57 rnlnutes 00 seconds east a distance of 227.34 feet to a point on the southern line of lands of the Pennsylvania Turnpike Comrnlsslon; thence continuing along tha sarne, south 83 degrees 31 rnlnutes 00 seconds east a distance of 407,60 feet to a point and place of BEGINNING, CONTAINING 2,528 acres, rnore or less, BEING Lot #2, Final Subdivision Plan for Wingate Inn, dated October 21, 1996, recorded In the Office of the Recorder of Deeds of Curnberland County, Pennsylvania In Plan Book 73/ Page 117, BEING the sarne prernlses which Jerry R, Duffie and Michael J. Greene, Trustees of the Michael A. Serluco Charitable Rernainder Unitrust No, 1, created by trust instrurnent dated December 23, 1996, and Trusteos of the Michael A, Serluco Chariteble Rernalnder Unltrust No, 2, created by trust instrurnent dated Decornber 23, 1996, granted and conveytld by deed dated Decernber 31, 1996/ recorded in the Office of the Recorder of Deeds of Curnberland County, Pennsylvania in Deed Book 151, Page 492/ unto Keystone Lodging Enterprises, L,P.