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HomeMy WebLinkAbout97-04270 . , , . ~ONTRAcrORS W AlVER OF LIENS AGREEMENT nus AGREEMENT, made and concluded this 14th day of Jul y ,19.21., between Crown American Corpora tion with an address of JobostO'lm, pennsylvania ("Owner/Construction Alleat"), and Pc nn.. Ins ta 11 a ti on 5. I D~:'Contractor"). Whereas by a duly executed writtea purchue order (the "Purchue Order"), a copy of which iI attached hereto u Exhibit" A" and the provisions of which are made a part bereof u if fully set forth bereio. Owner/ConstrUction Alleat and Contractor have contracted for'\he erection. construction and completion of P .0. 5231 - 0 004 (the "Improvellleau") to be erected on real estate described ill Exhibit "B" attached (the Property); and Whereas by the tenDS of the Purchue Order; Contractor bas convenaated, premised and acreed that no mechanics or materiaImea's Iieo or claims would be filed or maintaiaed allainst the Property or any part thereof either by hi..._lf or anyone else for or on accouat of any work. labor or materials supplied ill the performance of the Purchase Order, or uader any supplemental contract or for extra work. in the erection. constrUction or completion of the Improvemeau on the PropCl1y. NOW nus AGREEMENT WITNESSETH: 1. The Contractor, for bimsell' and anyone else a=1 or rlo;"';1'l1 throulb or uader bim., for and ill consideration of the Purchue Order and the COasideratiODS melltioned therein. and ill orden to permit the OwDer/COIIItnIction Ap to procure the makial of one or more loaDS on the Improv--Q and the Plopert)' and iDteDdiDl to e 1eea1Jy bouad bereby, does hereby waiver, rrJease, nIiDqaisIa and quitdailll ill favor of the Owner/ConstrUction Alalt and each and nay leader on the Property and IlIIfIrovemaaU. aD rilbt to Iieo. daiIII or notice of iDtention to file any Iieo or claim. and does hereby covenant. promise and acne that no Iieo or daiIII of any kind whatsoever sbaII be filed or ....;,,~uned aluast the Impr~~ti or me estate or titIc of Owner/CoastnIction Ap ill the properiry by or ill the _ of coatrlIctor or any sabcontnctor, ...teriaImea or Iaboren for work done or materials fvnIisbed uader the Pvrdwc Order or by any other party a=1 throap or uader them or any of them for and aboat the improVelllellt of tbe Property or any pan thereof, or on cmIit thereof, and that aD S1Ibcoatracton, materialmen. and Iaboren oa the work sballlook to aDd bold Contractor penonalJy liable for pa)'Dlellt of aD subcoatracton.. IUleriab funIisbed aacI work aacllabor done. 10 that there sbaII not be any lee" or lawful daiIII of aay kind wt&ateYU qaiost OwacrfCoastructioa Acent for aay work clone or labor or IUteriab funIisbed pamaaat to the Pvrdwe Order for aacI aboat the erectio.. ClIIUtnIction and compIdioa of the IIIIfI,OttlM"tl. or ...cler UI)' contnct or dlaap order for atra work. or for "ork ~ta1 thereto or otIIerwUe. L T1Iis A5' nrt "..iq tile ri&bt on.. sbaII be aD ia~lp mdalt covaaat aad sbaII openIe aad be Adi.. ulftll with ,-.-t to work clone aad mata'iab flU"; L ~..... aay tltJlll'- mtaI...... -t or dlaap order f.r atra _rk ia dtc a ectioa. v t r IlIdM .. (..~ ofdlt I.".. u u to aay _rk....... clone aad IUteriab flIr'_L_.J ,........ .. dIt hrdwt Order, aad ... biad II IIICcaHn aDd .0 . r - of the c..tnder. n. C...MtW... tUt it IlU -..... wiD_.... lei ell'- rw p., 1..... the hrdwt Order. CONTRACT PURCHASE ORDER NO. 5231-0004 1 supplied by owner, temporary relocation of kiosk counters to enable floor trenching and replacement of same, complete demolition and proper disposal of kiosk structure from finished floor up, painting of kiosk trellis at Auntie Anne's kiosk, dally clean'up and final clean.up of complete common mall area, removal of existing planters and benches to the exterior of mall as directed by owner. I b) Employee parking areas and contractor staging/storage areas shall be designated/regulated by Crown American's field superintendent. Only construction vehicles and equipment actually engaged in performing work will be permitted beyond said designated areas. Ic) You shall do all layout work required for the iO\:allation of your work. You shall be responsible for the clean'up and removal from the job site of all debris created by your work and personnel. Failure to comply with the clean-up requesulinstrUctlons from Crown American's ConstrUction Supervisor will result In the clean-up being done by others and the COSt of same being backcharged to the contractor. I d) Submittals: Submit immediately, but not later than the submittal due date(s) shown below, eight (8) copies each of all shop drawings, catalog cuts, material samples, etc. as may be required by the plans and specification relative to your scope of work to Crown American for review. Crown American will not be held responsible for any materials purchased, fabricated or installed prior to approval of submittals for same. Furnish twO (2) sepias where drawings are required. For sprinkler only furnish six (6) print sets with Factory Mutual stamp. Failure to pro\lide adequate caples will result In a backcharge of $50.00 for each photocopy or reproducible made by Crown American. All samples must h.lVe job name and store name on area clearly Indim!dwith submittal date. Submittal Materials & Equipment No. of Cooles 8 Sent to: Douglas l. Wess 2. COST BREAKDOWN: fann No. G70l: Due Date .,~, 7-:J1-'17 For invoiciRil purposes, you shall use the following cost breakdown on A.I.A. .lwn 01 Cost Account 06000 Descriotion Ceiling Demolition CarpentrY Accoustlcal CellinaS Painting Furniture S<<-up Kiosk Demolition &fa ??oo .,. '. :G_ti~L' H.we- '" CONTRACT PURCHASE ORDER NO. 5231-0004 3 3. CONTRACTOR'S OBLIGATIONS: 3.1) Security: SecuritY guard services will be furnished by Crown American. You shall receive, unload, and secure all materials required for your work, whedler furnished by you or furnished by others. 3b) Schedules: You shall properly man the project at all times so as to meet and maintain the attached construction schedule issued by Crown American and all subsequent Issues of same, or as directed by Crown American's Field Construction Supervisor and/or Project Manager. All costs for overtime, if required by your failure to meet said schedules, shall be borne by you at no expense to Crown American. Contractor agrees to commence performance of the contract work within live (5) days after notice from the Owner, and thereafter to prosecute the same continuously with due diligence so as not to cause any delays or interference with the completion of the Project. If the Contractor does not complete the contract work upon notice as aforesaid, or if the said work is not performed with due speed, the contractor agrees, upon seven (7) days' notice from the owner, to supply such equipment, materials, overtime work, worken and other devices and facilities as the owner shall direct so as to expedite the completion of the work. Such notice, once given, shall continue In effect until the work specified therein has been fully completed, even though the Contractor has acted under the notice but has failed to continue to do so uninterruptedly until complete performance thereof. Contractor shall work overtime, Saturdays and Sundays at the direction of owner without additional cost to owner If such overtime and Saturday and Sunday work is necessary to cure delinquency In maintaining established completion schedules and such delinquency is due to delays by Contractor. It is agreed that time Is of the essence of this contract and that Contractor shall progress and coordinate the contract work with all other work as directed by the owner so as to ensure the owner or to obtain the earliest possible completion of the Project, even though the rate of progress .'It the time any directions are given may be further advanced than that anticipated in any schedule previously furnished in connection with the performance of the whole work or any part thereof. Where the Contractor has knowledge, or, in the exercise of ordinary attention to its operations, should have knowledA".of the. necessitY for its work or any part thereof to progress at any particular time 50 that ensuing operations by others will not be delayed or interfered with, but fails to cause such progress, the Owner mJ)', without any notice to Contractor, permit such operations byothen to proceed even though the perfOrmance thereof will result in the contractor's being required to cut and patch and otherwise repair or.reuore she work of said ensuing operations by othen In order to Install the part or pans of the contract wcxk which the contractor failed to install in a timely manner, and the con of all such cutting and patchl... repairs or restoration sh.lll be borne by Contractor. When the conditions set forth in the P.lI'~aph are present, 8y: 8y AIIMI1un I'nlpenles. l.P. loW"" I'nlI<<t ~ CONTRACT PURCHASE ORDER NO. 5231-0004 oJ me Owner shall be under no obligation to give the Contractor any of me notices elsewhere provided for in mis contract, and the rights granted in this paragraph shall be in addition to all other rights granted in mis contract. NOTE: If deliverylerection is delayed for any reason, this contractor must notify Crown American's Project Manager and Construction Supervisor in writing of the duration of and the reason(s) for same, as well as me appropriate action you will take to meet schedules. 3c) Job Conferences: Regular weekly job conference meetings will be conducted on site by Crown American's Project Manager andlor Construction Supervisor at Crown American's job trailer. All meetings are tentatively scheduled for every T uesdav at 10:00 a.m. throughout me duration of this projecL You will be required to be properly represented at each and every meeting. Crown American's Construction Supervisor's name, address, and telephone number are listed in me "Ship To" information on page I of mis Purchase Order. 3d) Field Measurements: You are hereby held responsible to have visited and examined the building and site to satisfy yourself as to me conditions which would in any manner affect your work. You will be required to field verify all grade, levels, lines and dimensions as shown on me contract documents. You shall responsible to notify Crown American's Office and Construction Supervisor of any errors, providing sufficient lead. time for corrective action to be taken (within 2 days of start of work). 3e) Provision of Construction Documents: As part of this contract, you will be provided with one ( I) set of blue line prints of drmngs and one ( 1) photocopy of specifications, addenda, md bulletins as per the drawlnll and specification lists auached hereto. It is your responsibility at your sole COSt and expense to make any md all copies of the constrUCtion documents as required for your use as well as th.1t of your suppliers, subcontractors, eK. For "as.built" drawings, Crown American will provide you with one ( 1) reproducible sepia set of drawings to be returned to Crown American with your as-built notations thereon. (See section Sa) herein). Yau mwt request these in wrltinll from the project manaller. 4 TEMPORARY SERVICES /--- / - ~):t.ou stull provide your-mvn uniun; trlrphoM,:~ff.-:aod.-umpolMYelectricil bfilitits-and ~~::~n:"~;""'''---~ .. By '" <-@._.... By .., , '"" L.W", Prai<<t H.., CONTRACT PURCHASE ORDER ~O. 5231-0004 6 All applications for paymenll shall be prepared in triplicate on AlA G.702 and G.703 forms and shall be presented to Crown American's Construction Supervisor and Project Manager on site for verification and signature prior to submittal. Submit monthly applications for payment triplicate, properly verified, notarized and accompanied by a notarized Affidavit and Release statement from you and all subcontractors and suppliers that you have employed, to Crown American, Attention: F acUities Planning. All Invoices must reference the Purchase Order Number and Item number to which It applies. No one Invoice shall reference twO separate Purchase Orders and retainage paymenll must be Invoiced separate with Final Affidavit and Release. Applications for payment must be reviewed by the contractor, Crown American's Construction Supervisor and Project Manager by the 26th of each month. The approved payment documenll will be forwarded to Crown by the Project Manager. Checks for payment will be mailed a maximum of 45 days upon receipt. Those payment applications rejected shall be revised by the contractor and resubrr.itted by OVERNIGHT MAIL to the Project Manager at the Crown American office, prior to the 30th of the month to insure payment within the cycle as outlined In the example below. Ten percent (10%) retainage will be withheld pending completion of scope of work and Crown's approval of completed work. 9b) Retainages: No retainages will be released until such time that the following has been received by Crown American's Project Manager: I) All work has been completed and approved by Crown American and the Architect(s) per plans and specifications. 2) Your written guarantee pursuant to paragraph 11 hereof, notarized and witnessed, has been received along with your final Waiver of Liens properly executed and notarized. 3) As.Built drawings have been received and the Architect(s) per plans and specifications. 4) You have billed separately for the retainage. 5) Equipment guarantees/warranties. 6) Final vendor list and statement of payments statuS of each vendor. 7) Approval of tinal punch list. You may invoice for any retainages withheld thirty (30) days after satisfactory completion of your scope of work. Certificates are payable as delineated in the aforementioned Invoicing paragraph. 9c) Waiver of Liens, Subordination of Liens or Right to Lien: Contractor must: (I) execute and h~e notarized and submit a Partial Waiver of Liens form with each invoice in an ;amount equal to the total .1IT1OUnt Invoiced by Contractor to such lbte, payment of such invoice is contingent upon submission of the waiver, and (2) Contractor must also submit a Final Waiver of Liens upon completion of all work, and acceptanCe by Owner, as a condition to release of any l.Wm PnlIta M""'I'!f CONTRACT PURCHASE ORDER NO. 5231-0004 7 reLlinage due to Contractor. In any event and under all circumsLlnces, Contractor hereby agrees that any lien or claim which may now or hereafter have against the propertY upon which the Improvements are to be made, for materials or services expended or used upon the same, in subordinate to the interest of lender under any Mortgage, Deed of Trust, or Security Deed that now exists, or may hereafter be placed upon the propertY or any part thereof and to all advances made or to be made thereunder and to the interest liens which Contractor may have otherwise had for past, present, or future materials or services placed In or upon or performed upon said property. The provisions of this paragraph shall be self-operative and no further instrument or document shall be necessary unless required by any lender under any such Mortgage, Deed of Trust, or Security Deed. Should any such lender desire confirmation of such Subordination of Lien, rights, Contractor upon written request, and from time to time, will execute and deliver without charge and in form satisfactory to such lender all instruments andlor documents that may be requested to acknowledge such Subordination. 9d) Extras/Credits: (No extras shall exceed 10% Profit and Overhead TOLlI). You shall upon receipt of any revised plans from Crown American, Immediately review same with respect to the physical and monetary effects of same upon your scope of work, and shall, within seven (7) days subsequent to the date of Crown American's transmltul of said revised plans, report in writing [0 Crown American the moneury change to the contract for Crown's approval. Said written notice shall conLlin a description In sufficient deuil and breakdown of the chan(t' to your scope of work so that Crown may be able to review. No work in conjunction with the revised plans shall commence until the scope and moneury change has been reviewed and you have received Crown's written approval to proceed. Documenution must be Itemized Adjustments in the contract amount or contract time, if any, resulting from such chanlt's shall be set forth in a Purchase Order Change Order Issued by (.rown American. If Crown Amerlc.1n does not receive said written notice within the ten days, it will be deemed that you have agreed to perfonn .1l1 revisions in work, and further that tht' contract amount as adjusted by monetary chanlt', if any, determined by Crown will be deemt'd to be full compensation to you for performance of the full contract. You cannot invoice for any emas prior to receiving and executing a Change Ordel' for SJmf from Crown American. NO FIELD CHANGES SHAll BE PERFORMED, EXCEPT BY WRITTEN AUTHORIZA liON FROM CROWN AMERICAN. Any work required and authorized will C.1rry a maximum toW contractor's overhead and profit of 10%. No reimbursement will be due the Contractor because of changes to constrUCtion rfCIulred due [0 errors andl or omissions or negligent acts of the Contractor, the Contractor's .1(enU, employees, or subcontractors or materials suppliers. ge) Liquid.1ted Dam.1(es: 8y....~ ..,. CONTRACT PURCHASE ORDER NO. 5231-0004 8 Your failure to deliver shop drawings, catalog cuts, material samples, etc. as scheduled with the Project Manager or within twenty (20) days if not specified in this Purchase Order will result in a late day penalty of $1 OO.OO/day and will be calculated upon the number of days the material arrives late beyond that date shown on the construction schedule. Failure on your part to properly perform your scope of work pursuant to the construction schedule shall result in a penalty of seven hundred fifty dollars ($750.00)/day liquidated damages for each day that construction progress is retarded as a direct result of your failure to execute your work. The above penalties will not apply to causes beyond your control such as, but not limited to, Acts of God, information withheld by the Owner, Construction Agent, or Engineer. 10. INSURANCE 10.1) Contractor's insurance ",uS( meet Crown American's minimum requirements: I. Comprehensive General Liability, including coverages for Contractual Liability, and Products. Completed Operations, and Explosion, Collapse, and Underground with at least twO (2) Million ($2,000,000) combined single limit per occurrence. If contractor's liability insurance policy is on the new 1986 ISO Form, then it must: (A) Have the Owner's and Contractors Protective form. (8) For blasting contractors; have blasting operation not excluded from coverages. II Automobile Liability, with at least five hundred thousand ($500,000) combined single limit per occurrence. III Crown American is to be an "additional insured" in regards to I and II above and so named on certificates of insurance. NOTE: the certificate of insurance should list the Crown entity as shown of the signature line below. IV Workers' Compensation for all states in which contractor shall be performing for Crown American and shall be subscriber to and in good standing with the respective State's Worker Compenutlon Fund. lOb) A valid Certificate of Insurance must be provided immedi.llely to Crown American prior to any performance under this Purchase Order, but no later than ten ( 10) d.1ys from the date of this Purchase Order. It shall: I Certify all coverages required in Paragraph 10.1 above have been met. II Provide that Crown American shall receive written notice at least thirty (30) d.1ys In advance of any cancellation or material alteration of the policy. By: ,,1ftfIbI"~ loP. Iy CONTRACT PURCHASE ORDER NO. 5231-0004 9 II BONDS: '1 ta) -Providc-IOOOfo.Performance.AI1d PaJ1TIent bonds and one..U-)..year.malntenance-guarantee- . -with surety.-Eosno be sep~(.lteii1 paragraph 2:Bllling, for possible c1eirorrtly'<:rown.Amerlcan.- 12 GUARANTEES: (JJ7IZ(/"J/ : 12a) You shall be responsible for a one (I) year minimum guarantee and in some cases, a longer period as required by the specifications. No retalnages withheld will be released until such time that your written guarantee and equipment warranties are sent . twO (2) copies each to the Project Manager' and accepted by Crown American. The start date of the guarantee period shall be not sooner than the publicized opening date by the Owner of this project and must appear in this document, as must the date of expiration of your guarantee. Equipment guarantees/warranties must have the model, serial, and unit numbers shown ror Identification, along with the project name. 13 SAFETY: 13a) You are to appoint a lob site "SafetY Man". His name is to be given to Crown American's Construction Supervisor for record prior to stan or contract work. You are responsible for Initiating and maintaining your own SafetY Programs. Be aware that although you are contracted by Crown American to perform certain work, you are still responsible for maintaining a SafetY Program that agrees with OSHA Regulations. You will be responsible for any fines levied against you for noncompliance, and also will be responsible for any lost construction time due to your own negligence In this matter and shall hold Crown American harmless as provided for In Paragraph 14 below. You are to provide all needed safer; items as required for your phase of work. This includes but Is not limited to all ~fetY barricades, daily c1ean.up of debris and removal of same and providing other pedestrian restriction devices needed to avoid accident or injury. Any damages or injury caused by your work will be your liabilitY. The ContraCtor shall take all reasonable precautions with respect to his work; shall comply with all safer; measures initiated by the Owner/Construction Agent and with all applicable laws, ordinances, rules, regulations, and orders of any publk authoritY for the safetY of persons or propeny In accordance with the requirements or the contract documents. The Contractor shall repon within three (3) iUYl to the Owner/Construction Agent any injury to any of the Contractor's employees at the site. 14 ALCOHOl AND CONTROlLED SUBSTANCES: 14a) Accepunce of this purchase order will hold you, the contractor, mponslble for the acu/actlons of your crew members under your employ while Jt the lob site. No controlled subsunces or alcohol will be permitted on any Crown AmerkJn lob sites. Individuals found to possess and/or be under the influence of controlled substances or alcohol may be prosecuted by local o1lIthorItIes and will be : ffii. :<ltMldft, L.P. t.WN M...- By CONTRACT PURCHASE ORDER NO. 5231-0004 10 deemed to be a substantial violation of this contract and will be valid grounds for the immediate termination of this contract, should Crown American, in its sole discretion, so determine. Any fees, Including legal fees, will be the responsibility ofthe Contractor. 15 INDEMNIFICATION: I Sa) Contractor will defend and will Indemnify Crown American, the Architect, and the Owner, their agents, servants, and employees and save them harmless from and against any and all claims, actions, damages, liabilitY, and expense (including, but not limited to attorney's fees and disbursements) In connection with the loss of life, personal injury, loss by reason of accident, Infringement of patents, or damage to property or business, arising from, related to, or in connection with the Contractor's performance of work pursuant to this purchase order, or in connection with any part of Crown American's or the Owner's property, real, personal, or otherwise, occasioned wholly or in part by act or omission of Contractor, its subcontractors, agents, servants, or employees; or their respective agents, servants, or employees. 16 ASSIGNMENT: 1601) This purchase order shall not be as.signed, nor any portion of the work described herein be subcontracted to anyone other than the entitY named hereon, without written authorization and approval of the owner. Provided however, Crown American is expressly permitted to assign Its rights' under this Purchase Order as collateral for any financing contemplated by Crown American. 17 OWNER'S/CONSTRUCTION AGENT'S RIGHT TO CARRY OUT THE WORK 1701) If the contractor defaults in or is guiltY or a substantial violation of the terms hereof or fails to perform any provision of the contract, the Owner may, after three (3) days written notice to the contractor and without prejudice to any other remedy he may have, may in its sole discretion and without any obligation to do so, make good said defICiencies in any such defaults. In such case an appropriate Change order shall be issued deducting from the payments then or thereafter due the contractor the cost of correcting such deficiencies, including the cost of the Owner's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the contractor are not sufficient to cover such amount, the contractor shall pay the difference to the Owner. 18. TERMINATION OF THE CONTRACT: Termination by the Owner/Construction Alent t 801) If the contractor is adjudged bankrupt, or If he makes a general asstanment for the beneftt of his creditors, or if J receiver is appointed on account of his Insolvency, or if he persistently or repeatedly reMes or fails, except in cases for which utenslon of time is provided, to supply enough :"~_LP. L. Wtu Pnlf<<t M-.. CONTRACT PURCHASE ORDER NO. 5231-0004 II properly skilled workmen or proper materials, or if he fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authorilY having jurisdiction, or otherwise Is guillY of a substantial violation of the provisions of the contract documents, then the Owner/Construction Agent upon certification may without prejudice to any right to remedy, and after giving the contractor and his surelY, If any, three (3) days written notice, terminate the employment of the contractor and take possession of the site and of ail materials, equipment, and machinery thereon owned by the contractor and he may finish the work by whatever method he may deem expedient. In such case, the contractor shall not be entltied to receive any further payment until the work Is finished. THIS CONTRACT/PURCHASE ORDER REPRESENTS THE ENTIRE AND INTEGRATED AGREEMENT BETWEEN THE PARTIES HERETO AND SUPERSEDES PRIOR NEGOTIATIONS OR AGREEMENTS, EITHER WRITTEN OR ORAL. 19 CONTRACT DOCUMENTS: The following attachments 3re hereby incorporated as a part of this purchase order: 1. Construction Schedule Dated 6.25.97. 2. Partial Waiver of Liens Agreement 3. Final Waiver of Liens Agreement 4. AlA Forms G702 & G703 5. Drawings listed: 6.25.97. 6 Other A. GENERAL NOTES I. Provide your own weather protection to do your work. This protection Is to be reviewed with the Project Manager and Crown American's Reid Superintendent prior to Installmon and shall remain in place until work area Is completed and protected from the weather. " Blocking' All blockll1i wood or metal as required Is Included for rooms, panltlons, aluminum framing, roofs, skylights, toilet rooms, etc. 3 When required furnish and install black Iron ceiling bracing. Hang only from panel points of 10lSts and trUSS tOP cord only not bottom cords. Do not hang from roof deck. 4. Schedule. Crown American's start and finish dates may vary from chis purch.ue order. There will be no additional cost to Crown American due to chese schedule changes. 7, Iy: I, 11 PLAN LIST CAPITAL CITY MAll RENOVATION CAMP Hill, PA Orawina No. Orawlna Title Orawina Date Revised T Title Sheet 6/3/97 0-1 Demolition Floor Plans 6/3/97 A-1 Floor Plan Area "A" 6/3/97 A-2 Floor Plan Area "B" 6/3/97 A-3 Reflected Ceiling Plan Area "A" 6/3/97 A-4 Reflected Ceiling Plan Area "B" 6/3197 H-1 HVAC Plan Area "A" 6/3/97 H-2 HVAC Plan Area "B" 6/3/97 E-1 Lighting Plan Area "A" 6/3/97 E-2 Lighting Plan Area "B" 6/3197 E-3 Power Plan Area "A" 613/97 E-4 Power Plan Area "B" 6/3/97 Complete set d prcjed speciflcations as prIf*8d by David L HolfmIn. FAIA and 0ynlImlc Design. 6125/97 Pege1 MRENOPlSTxt, . EXHIBIT "A" LEGAL DESCRIPTION CAPITAL CITY MALL ALL THAT CJ!RT AIN Inel or p.:IrceJ of land siluale in lM Township or Lower Allen, CounlY or Cumberland, CommonwClllll or l'auuylvania, more p;ulicularly bounl!ed and dCJCribed u rollows 10 wil: . BEGINNING al a poinl on the Nonhcm Ri,hl.Of.Way line or Hanzdalc Drive al lhe lerminus of a 23 rool radius conncctin, the Nunhcm line of HanzdaJe Onve willi lIIe WCJlem line or Capilli Mall Drive; lIIencc alon, the Nonhcm Ri,hl.Of.Way line or twullale Drive, Soulll 53 lIc,rees 12 minU1CJ 22 scc:oncls Wat, a l!iswlc~ of 2029.15 reel 10 a poinl; lhcncz alon, a curve, curvinC 10 the riChl havinC ; churl! bQrinC. Nanh 83 clc,rees 20 minUla sa seconds West, a dislanl:.: or 61.H9 reel, a ~ius o( 45.00 ami an m 1cn,Ill or 68.24 rcellO a poinl on Ille Easlcrn Ri,hl.()r.Way line o( Zimmerman Drive; lhcncc ;Jon, the 'Zimmerman Drive Riehl'()(.Way line, Nonh 391lqrees 54 minulCS 18 seconds Wat, a dj_ or 889.62 fllCl 10 a poiIII on lhc Soulhcm Riehl.Or.Way line of new u.s. Roule 15; lIIente in a Nonhc.ulerly dil'CClion alone said Rielll.Of.Way the (ollowine councs and l!iJWlCa, Nonh 45 decrees 16 minU1CJ 22 seconds JluI, a disWla: or 221.30 fllCllO a poinl; lhcncc alone a curve. curvin, 10 \he left havine I chord bcarine Nonh 42 Ilqrees 09 minulCS 49 seconds Easl, I dilWlCC of 3!19,\J6 reel, a radius or 3678.80 feellllllllll an: lcft,lII or 399.26 (eel 10 I polOl; lhcncc Soulll 50 decrees 56 minulCS " seconds Ilasl, a diswlce o( 30.00 (celIO I poinl; lhcncc alon, a curve, curtin, III &be WI havine a dIonI bcarin" Nonh 37 dqrccs 04 minulCS 31 scc:onds Easl, a diswIce of~6.17 reel, a ndius 0(3701.80 (eel and 11\ arc len,lh or~6.22 reel 10 I poinl; Ihcncc SouIIl 54 dqrees 54 minUICJ 14 ICCDIIdJ Easl. a dislancc of 20.00 reel 10 a poinl; Ihcna: alone a ClIt\'C, curvin, 10 \he lelI havin, I dIotd bcarin&. Nonh 32 dqrees 55 minulCJ 09 scconds Easl, a dilllllCC of 283.29 reel, a ndius of 3728.80 reel and an arc Icftelll or 283.36 reel 10 I poinl; lhcncc Soulll 59 dqrees 15 minulCS 21 scconds Easl, a diswlce 0( 18.00 rcellO a poilll; lhcncc NonIl31 dqrccs OS minUla 34 seconds Easl. I diIWIcc 0(395.21 reel 10 a poinl; Ihcna: alone I C\II'tC. curvine 10 lhc ri,hl. havine a dIotd bcarine, Nonh 32 dqrees 59 minUICJ 36 xanIs Eau, a di_ or 23.26 reel, a ndius 0( 350.74 reel and 11\ arc Icftelll or 23.27 reel 10 a poinI; lhcna: Nonh 55 dqrees 06 minUICJ 22 scconds Wat, a c1iJwlcc 0( 20.00 fla D I poiDr; lllcnc:c alone a curve, curvine 10 1M riehl hame I chord bcarine. Nonh 47 dqrea 53 minulCJ 38 scconds Easl. a dilWlCC of 166.79 feel. a radius of370.74 feel and III m Icftelll 0( 161.23 (eel 10 a poilll; Ihcna: Nonh 29 dqrees 06 minulCJ 2J scconds Wat, a di_ of 36.00 feel 10 I poilll; lbcncc &Jon, a CIIt\'C. curvin, 10 1M rielll ham, a chonI barine. Nonh 61 dqrccs sa minulCJ 27 scc:onds Eau. a diltlllCC 0( 1S.34 feel, I ladi... of 406. 74 feel and 11\ m ICllelll of 1S.34 fectlO a poilll; 1IIcna: Nonh 63 dqrees 14 minulCS 57 secandJ Eau. a diswu:c of IS.S4 (eet 10 a poInl; Ihcncc alone I curve, curvine 10 lhc Icl\ IIavin, a chord bcarine. NonIl60 dqrccs IS minulCl 51 scc:onds East. a diIWICC of 40.25 reel. a ndius 0( 386." and 11\ arc knelll 0( 40.27 rectlO a poinl; Ihcncc Iavine &be Soulllcm llehl'()f.Way line of new U.s. Roule IS and rollowille lhc WCJICtII Ri&!lI.or.Wayline or Capil&l Mall Driwc \he rollowill, c:oursa and dUw1cCJ. alone a CUIW, curvin, 10 lhc ri&!ll havin, a chord baria" SouIlI6S dqrca" minulcs 18 scc:ondJ J:.ut,a dinancc of 479,09 (ect. I radius of 427.33 feel and IIlI arc lcft,lII 0( 508.57 (eet 10 a point; Ihcna: Sou1ll31 dqrccs 3. minlIlCI37 scc:onds Eaa. a dilWlCC 0( 109.07 fectlO a poinl; lhcna NonII 51 dqrees 21 minuIa 2J .-lJ I!&II. I diJIIIIcc 011.00 feet 10 a POilll; lhcna on I CIlnC. """in& 10 lhe Icl\ IIaYllle a dlotd bean",. SouIII42 dqrca 51 mlftuJa 22 tcalllllI Eul. ldinancc 0( 174..51 reel. a radius 0( ".. 74 rllCl and III arc 1cftJ1!l 0( J7S,63 fCl'lIO a poilu; lhcncr $ouIlI 54 dqrees 04 miaula 07 -.Is CuI, a dislIIIIZ 0( 106.0.. reet 10 I point; lhcna 011 a ClIIft, ClltYin, III Iha riPlllavina a cIlont bcaria&, SouIII 4. decrees 29 mintalU 42 scc:onds Eaa. a d.....ce 0( 109." rea. a ~1Il 01 564,96 reel ud u arc IcnJlll 0( 109.92 reel 10 a pouu; lkIU SGuIIl42 dq,.." ...... .. -.Is Easl. a di_ 0( 76.33 feet 10 I PO"Il; aMncI $ouIlI 36 -.- 47 __ ll__ EuI. I ~ 01337.46 r. 10 a pouot; \IlcncI..... a _ aomaa 10 .............. . chord '*""&. Soudl 01 dqrecs 12 lIIIllldCJ 22 ..sa Wat, I di_ oI31.D rill. I lIdJuI 0123.00 rea and u arc Icn&. ol36.1l _10 I poMl. !lid poi'" beIa& \Ill poial olllq..... COfolTAINlNCi ~ IIU _ ~ << . . . C. I"" ~ ~ ~7.. ..-.1 -, ~ :A , '. ~ - 0 Ii;. 0 i "'1 . \.1l . . ., Ul ~ 8 .._.~ , -B - ...-.~ ) ~ 0 ..'.:1 J VI .p. "R. ~^.., ;.~l t ..0 .. f -.-,. , >..1 0 f , - .... ,~