HomeMy WebLinkAbout97-04271
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~ONTRAcrORS WAIVER OF LIEJIIS AGREEMENT
TffiS AGREEMENT, made aDd concluded this 8th day of Ju 1 v . 19l1. between
Crown Amerl can ProoF'..ti p<:. T P with aD address of Johnstown, PeIIIIsylvaDia
(MOwner/Construction Alent"), aDd 'l'd ~ nl/' p 1'; rp Prnt p,..t i n~':Contractor").
Inc.
Whereas by a duly executed written purchase order (the MPurchase Order"). a copy of which
is attached hereto as Esbibit "A" aDd the provisions of which are made a part hereof as if fuUy set
fonb herein, Owner/Construction Alent aDd Contractor have contracted for the erection,
construction aDd completion of Renova t ion of Fi re (the "Improvements") to be erected
.. bif1liafllllci[ fth:ti~I"
on real estate descnbed an Esbibit atta cd ropeny); and
Whereas by the terms of the Purchase Order; Contractor has conv_ted, promised and
azreed that no mechanics or materialmen's lien or claims would be filed or maintained allainst the
Propeny or aDY part thereof either by bimsclf or anyone else for or on account of aDY work. labor or
materials supplied in the performance of the Purchase Order, or under any supplemental contract or
for extra work. in the erection, construction or completion of the Improvements on the Propeny.
NOW nus AGREEMENT WITNESSETH:
I. The Contractor, for bimsclf aDd aDyone else actinll or rl.i",i"ll tbroullb or under him, for
aDd in consideration of the Purchase Order and the considerations mentioned therein. and
ill orden to permit the OwnerlCoDStnlction Alent to procure the makinl of one or more
loans on the ImprovementJ and the Property and inteDdinl to e Iqally bound hereby,
does hereby waiver, reIeue. relinquish aDd quitclaim in favor of the Owner/Construction
Apat aDd each aDd every IeIIder on the Property and Improvemalts, all rilht to lien.
claim or notice of intention to file aDY lien or claim, aDd does hereby COveDaDl. promise
aDd qree that no lien or claim of lIIIY 1cind whatsoever shall be rated or maintained alainst
the ImprovementJ or the estate or tide of Owner/Construction Alent in the properity by
or in the name of contractor or lIIIY subcoatractor, materialmen or laboren for work
done or materials furnished under the Purchase Order or by lIIIY other pany actia&
tbroap or UDder them or aDY of them for aDd about the improvemalt of the Propeny or
lIIIY pan tbereof, or OD credit thereof, aDd that all subcontracton, materialmen, aDd
laborers on the work shall look to aDd hold Contractor penoaal1y liable for payment of
aD l1Ibcontracton. materials furnished and _rk and labor done. so thattbere shall not
be lIIIY tqll or lawful claim of lIIIY 1cind whatever apinst OwnerIConstruction Apat for
..,. _rk d_ or labor or materials IianIislted punuant to the Purchase Order for aad
about tile erection, constructioa aad compldioa of the Improvemalts. or under ..,.
contract or cIalIIIp order for extra work. or for work supp1eraental thereto or otherwise.
1. nu Ai' t~ J eat waiviDJ the ript of Iiea sba11 be an iadepeDdmt co_t and shall
operate and be efftdi.c as well with respect to work done and materials fumUlled UDder
..,. ..~ tal ~ or cIalIIIp order for extra _rk ill the erectio.. toIIIlnadiea
.... ~ of the lmpro.lll1eau as to ..,. _rk and labor doH and materials
AaAi.t1d punuat to tile I'lmIaaM Order, and sba11 biad allsucceuon and...... ohlle
C.ractor. ne CMItKtor qna ... it bas IIOt ud. willlIOt us. itJ cbia for
,.,_.It ..... tile rwrL -1 Order.
CONTRACT PURCHASE ORDER NO. 5231-0006
3
Security guard services will be furnished by Crown American. You shall receive, unload, and
secure all materials required for your work, whether furnished by you or furnished by others.
3b) Schedules:
You shall properly man [he 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 Rve (5) days after
notice from the Owner, and thereafter to prosecute the same continuously with due dlllgence so as not
to cause any delays or interference with the completion of the ProjecL 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, workers 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 at 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 anention to its operations, should have knowledge, of the
necessitY for its work or any part thereof to progress at any particular time so that ensuing operations by
others will not be delayed or interfered with, but fails to cause such progress, the Owner may, without
any notice to Contrxtor, permit such operations by others to proceed even though the performance
thereof will result in the contractor's being required to cut and patch and otherwise repair or restore the
work of said ensuing operations by others In order to install the part or parts of the contract work which
the contractor failed to install in a timely manner, and the cost of all such cuttlnr and patching, repairs
or restoration shall be borne by Contractor. When the conditions set forth In the paragraph Me present,
the Owner shJII be under no obligation to give the Contractor any of the notices elsewhere provided for
In this contrxt, and the rights granted In this pJrJi!'aph shall be In .lddltlon to ;dI other rights &nnted In
this contract.
Accept" tIIk d...dJy of. v:,~y 1997.
Iyp~ ~ .~~
(cOIIIl'.KtOfI
A-.d':r,~.vT
= OOW4i!" ^1MI1an ~~tIft, l.P.
l. W_
Mar.
CONTRACT PURCHASE ORDER NO. 5231-0006
4
NOTE: If delivery/ereClion 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 the 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 and/or Construction Supervisor at Crown American's job trailer. All meetings are tentatively
scheduled for every Tuesday at 10:00 a.m. throughout the duration of this project. 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 the .Shlp To. Information on page I of this Purchase
Order.
3d) Field Measurements:
You are hereby held responsible to have visited and examined the building and site to satisfy
yourself as to the 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 the 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 ofstart of work).
31.') Provision of Construction Documents:
As part of this contract, you will be prOvided with one ( I ) set of blue line prints of drawings and
one ( I) photocopy of specifications, addenda, and bulletins as per the drawing and specification lists
att.1Ched hereto. It is your responsibility at your sole COSt and expense to make any and all copies of the
construction documents as required for your use as well as that of your suppllen, subcontrJCtOr:s, ett.
For . as-built" drawings, Crown American will provide you with one ( I) reproducible sepia set of
drawings to be returned 10 Crown American with your as.built notations thereon. (See section Sa)
herein). You must request these in writing from the project manager.
4 TEMPORARY SERVICES
4.1) You shall provide your own sanitary, telephone, water, and temporary electrical fxDltles and
other temporary utilities required for your work or worken. Temporary light and power for the
construction of the new buildlnes will be provided by Crown American's electrical contractor. The Cost
of consumption of electrical power required for the on site InstaIl,;llion of work, excludlnr )'OUr field
office(sl/trailer(s), sh.1l1 be billed to and paid by Crown American.
ACCfIllN lhh tJ:.d.1yof. .J':;LJ,.- 1997,
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CONTn,\CT I'IIIH:IIASE onDEn NO. 5231-0006
6
subcontractors .1Od suppliers that you have employed, to Crown American, Attention: Facilities Planning.
All Invoices must reference the Purchase Order Number and Item number to which It applies. No one
Invoice shall reference tWO separ.lte Purchase Orders and retain age payments must be Invoiced separate
with Final Affidavit .1Od Rele.lle. 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 documents 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 resubmilled 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%) retJinage will be withheld pending completion of scope of work and Crown's
approval of completed work.
9b) Retalnages:
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 Archltect(s) per
plans and specifications.
1 ) Your wrillen guarantee pursuant to paragraph II 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 pJyments status of each vendor.
7) Approval of final punch list.
You may invoice for any retainages withheld thirtY (30) days after satlsfaaory 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:
ContrJCtor must: (I) execute and have notarized and submit a Partial Waiver of Liens form
with each invoice In an amount eqUJl to the total amount invoiced by Contractor to such date, p.1yment
of such invoice is contingent upon submission of the waiver, and (2) Contractor must also submit a FInJl
Waiver of liens upon completion of all work, and acceptanCe by Owner, JS a condition to release of MIY
retalnage due to ContrJCtor.
In any event and under all circumstanCes, Contractor herelly Jlfee5 that MIY lien or cblm which
may now or hereafter have against the property upon which the lmprovemenu JI1! to be nude, for
Acctptfdthh ISdayol, J!il/y 1997,
By #.a~~"-~
.)7iCDnii KtOl' I
h...rs",,/.vT
I. ~"_.... L.P.
By ~
l.W",
HIr.
CONTI{ACT !''lJRCIIASE ORDER NO. 5231-0006
7
materials or selVices 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 .1Od to all advances made or to be made thereunder and to the Interest liens
which Contractor may h.we otherwise had for past, present, or future materials or selVices placed In or
upon or performed upon said property. The provisions of this paragraph shall be self'operatlve 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 ch.lrge and in form satisfactory to such lender all Instruments and/or documents that may
be requested to acknowledge such Subordination.
9d) Extras/Credits: (No extras shall exceed 10% Profit and Overhead Total).
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 transmittal of said
revised plans, report in writing to Crown American the monetary change to the contract for Crown's
approval. Said written notice shall contain a description in sufficient detail and breakdown of the change
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 monetary change has been reviewed and you have received
Crown's written approval to proceed. Documentation must be itemized
Adjustments in the contract amount or contract time, if any, resulting from such changes shall
be set forth in a Purchase Order Change Order issued by Crown American. If Crown American does
not receive said written notice within the ten days, it will be deemed that you have aareed to perform all
revisions in work, and further that the contract amount as adlusted by monetary change, If any,
determined by Crown will be deemed to be full compensation to you for performance of the full
contract. You cannot invoice for any extras prior to receiving and executing a Change Order for same
from Crown American.
NO FiElD CHANGES SHAll BE PERFORMED, EXCEPT BY WRITTEN AUTHORIZATION
FROM CROWN AMERICAN. Any WOfk required and authorized will carry a maximum total
contractor's overhead .lnd profit of 10%.
No reimbursement will be due the Contractor becawe of changes to constrUction required due
to errors and/or omissions or negligent acts of the Contractor, the ContractOr's .1gel1U, employees, or
subcontractors or materials suppliers.
ge) Liquidated Damages:
"ccf\)~thk l.5...dJyof. ~~~1997,
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~,l.P.
8y
L. Wm
Mtr.
CONTRACT PURCHASE ORDER NO. 5231-0006
8
Your failure to deliver shop drawings, caLllog 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 reLlrded 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 must 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.
11 Automobile Li.lbility, with.n least five hundred thousand (5500,000) combined single limit per
occurrence.
m 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 shali be performing for Crown American
and shall be subscriber to and in good sLlnding with the respective SLlte'S Worker Compensatlon
Fund.
lOb) A valid CertifICate of Insurance must be provided immediately to Crown American prior to
any performance under this Purchase Order, but no later than ten (10) days from the date of this
Purchase Order. It shall:
Certify .111 coverages required In Paragraph lOa above have been met.
11 Providt> that Crown American shall receive written notice at least thirty (30) days In advance of any
canceilJtion or materi.11 alter.ltlen of the policy.
Accepttd thh I.!d.ly of, ..J:ty 1997,
By ~~l1'y-__A- s;.;;j:./
...y((ontf.1<tor I
/y..Es.eI ,..'u'T
IY:
By
I'ropenIft. L.P.
L. "'
~.
CONTRACT PURCHASE ORDER NO. 5231-0006
9
II. BONDS:
11~llq1
II a) Provide 100% Perform.lnce
with surety. Cost to be sep.lrJte In pJrJ
llling,
s In one ( I) year maintenance guarantee
. e deduct by Crown American.
12 GUARANTEES:
12J) You lhJII be responsible for J one (I) year minimum guarantee and In some cases, a longer
period as required by the speclficJtions. No retainJges withheld will be released until such time that your
written guJrJntee Jnd equipment wJrrJnties Jre sent . two (2) copies each [0 the Project Manager - and
accepted by Crown AmerlcJn. The Stall 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/warrantles must have the model, serial,
and unit numbers shown ror identification, along with the project name.
13 SAFETY:
13.1) You are to .1ppoint J lob site "Safety Man". His name is [0 be given [0 Crown American's
Construction Supervisor for record prior to Start of contract worle. You are responsible for Initiating and
maintaining your own Safety Programs. Be aware that although you are contracted by Crown American
[0 perform cenain work, you are still responsible for maintaining a Safety Program that agrees with
OSHA Regulations. You will be responsible for any lines levied against you for noncompliance, and also
will be responsible for any lost construction time due [0 your own nea!!gence in this maaer and sh.1l1
hold Crown American harmless as provided for in Paragraph 14 below. You are [0 provide all needed
safety items as required for your phase of worle. This includes but is not limited [0 all safety barricades,
daily clean-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 worle will be your "ability.
The Contractor shall uke all re.uonable precautions with respect to his work; shall comply with all
safety measures initiated by the Owner/Consuuctlon Agent and with all apprlCable laws, ordinances,
rules, regulation I, and orders of any public authority for the safety of persons or property In accordance
with the requirements of the contract documents. The Contractor shall report within three (3) days [0
the Owner/Construction Agent any injury [0 any of the Contractor's employees at the site.
14 ALCOHOL AND CONTROlLED SUBSTANCES:
I 4a} Acceptance of this purrh~ order wUl hold you, the conuactor, responsible for die
acwactlons of your crew members under your employ while at the lob site. No controlled substances or
alcohol will be permitted on any Crown American lob sites. Indivldu.1ls found [0 possess and/or be
Acrtptl'd lhb IS oby of. .hi/. v 1997.
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CONTRACT PURCHASE ORDER NO. 5231-0006
10
under the influence of controlled substances or alcohol may be prosecuted by local authorities and will be
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 of the contractor.
15 INDEMNIFICA nON:
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 Jgainst 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
ContrJCtor'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 pan
by act or omission of Contractor. its subcontractors, agents, servants, or employees; or their respective
agents, servants. or employees.
16 ASSIGNMENT:
16.1) This purchase order shall not be assigned, nor any ponlon of the work described herein be
subcontrJCted 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
17.1) If the contractor defaults in or is guilty or a subst.1ntial violation of the tenns hereof or bits
to perform any provision of the contract, the Owner may, after three (3) d.1ys written notice to the
contr.JCtor 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 Ihall be issued deductinr from the payments then or thereafter due the
contractor the COst of correcting such deficiencies, includinr 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 JIT1OUnt, the contractor shall pay the difference to the Owner.
18. TERMINA nON OF THE CONTRACT: Tenninadon by the Owner/ConstrUCtion Apnt
18.1) If the contractor is adjudged bankrupt, or if he makes a general.uslgnment for the benefit
of his creditors, or if a receiver is appointed on account of his insolvency, or If he PfOlstently or
Acnpltd lhft i~d.lY of, J;:i'-v 1997,
~if
By g4T!Yc-~ .~r f'_
r/ ~(oncr.ktor)
'h,.-:1.rI..,'.vr'
: U-4i~-:-LP
. fill
",,-.
CONTRACT PURCHASE ORDER NO. 5231-0006
II
repeatedly refuses or fails, except in cases for which extension of time Is provided, to supply enough
properly skilled workmen or proper materials, or if he fails to make prompt payment to subconuactors or
for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any
public authority having jurisdiction, or otherwise Is guilty of a subst.1ntial violation of the provisions of the
contract documents, then the Owner/Construction Agent upon certification may without prejudice to
any right to remedy, and .1fter giving the contractor and his surety, If any, three (3) days written
notice, terminate the employment of the contractor and t.1ke possession of the site and of all materials,
equipment, and machinery thereon owned by the conuactor and he may finish the work by whatever
method he may deem expedient. In such case, the conuactor shall not be entided 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 .1tt.1chments are hereby incorporated as a part of this purchase order:
I Construction Schedule Dated
., Partial Waiver of Liens Agreement
3 Final Waiver of Liens Agreement
4 AlA Forms G702 & G703
5 Drawings listed:
b 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 Field Superintendent prior to Inst3llmon and shaft
remain in place until work area is completed and protected from the weather.
., Blockillf - All blocking wood or metal as required is included for rooms, partitions, aluminum
framinK, roofs, skylights, toilet rooms, etc.
3 When required furnish and Install black iron ceiling braclllf. Hang only from panel pointS of
joists and truss top cord only not bottom cords. Do not hang from roof declt.
<t. Schedule - Crown American's start and IInish dates may vary from this
purch.1se order. There will be no additional COSt to Crown American due
to these schedule changes.
A((~ thk ~ day 01. ~ty 1997,
By #' ~ ?It .:;:;- fi/
oncrXlClf)
h...S'. ~-:vy
Pl~ LP.
By
PLAN LIST
CAPITAL CITY MALL RENOVATION
CAMP HILL, PA
Drawina No. Drawin9 Title Drawing 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 "8" 6/3/97
A-3 Reflected Ceiling Plan Area "A" 6/3/97
A-4 Reflected Ceiling Plan Area "8" 6/3197
H-1 HVAC Plan Area "A" 6/3/97
H-2 HVAC Plan Area "8" 6/3/97
E-1 Lighting Plan Area "A" 6/3/97
E-2 Lighting Plan Area "8" 6/3/97
E-3 Power Plan Area "A" 6/3/97
E-4 Power Plan Area "8" 6/3/97
Complete set of projec;t specifications as pl'8pIred by
David L HoIfman. FAIA n Dynamic Oeslgn.
6125197
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~crORS WAIVER OF LIEtfS AGREEMENT
nuSAGREEMENT,madeudcoadadedthis Bth clayof JulY ,1997 ,between
Crown Amerit"";ln Prnnerties. L.Pa witbaaaddressofJolmstown.Pemuylvania
("OMler/CoDStrUctioD Alent"), ud Tri anal.. Fi rp PrntpC"t i n"",Coatractor").
Inc.
Whereas by a duly esecuted writtal purchase order (the "Purchue Order"), a copy of which
iI attached hereto u EDibit "A" aad the provisiODS of which are made a part hereof u if fully sct
forth benin. Owner/CODltrUctioD Aleut ud Coatractor have coatracted for the erection.
CODStr1lctiOD aod completioD of Renc;>Ya t ion of Fi re (the "Improvements") to be errcted
OD ruI estate desm"bed io Emib1Mal.lilU~~d:~peny); ud
Whereas by the lenDS of the PurcIwe Order; Contractor bu convenaated. promised aod
Icned that DO mechaaia Dr materialmen's lieu or claims would be filed Dr maiataioed I&aiost the
Property or uy part tfaereof either by hi",.eIf or 1II)'0ae else for or on aCcoUDt of uy work. labor or
materials IUpp6ed io tile perfOnDUlce of the Purchue Order, Dr WIder III)' supplemental contract or
for enra work. iD the enctiOD, construction Dr completion of the Improvements on the Property.
NOW nus AGREEMENT WITNESSETH:
1. The Contractor, for hi.......' IDd anyoae else actinl or r1ai",;nl throulb or UDder him. for
IDd io consideration of the Purdue Order aad the coasiderations mentioned therein. ud
io orden to permit tile OwuerICOIIItnIdiOIl Aaeat to procure the makiul of one or more
loans OD the ImproT -u aad the ~u.xrtY aad i_dinl to e lepI1y bOUDd hereby,
does hereby wainr, reIeue. relialJ1lisb IDd quitc1Lm ill fayor of tile Owner/Construction
Apat aad each ad CYa)' leader OD the Property IDd Improvements. aD rilht to lien,
claim or notice of Ioteatioa to file III)' lieu or daiaL, aad does hereby coveaaot. promise
aad qree that OD lieu or daim of III)' Iliad whatsoever sbaII be filed or maintained lllinst
tbe Imp~ Dr the estate or tide of O1mer/Conmumon Aleut io the properity by
or ill tbe _ of CODtrICtor or III)' ..dllllo"t. .etor, materiaImea or laborers for _rk
d_ Dr materials funDshed lIIIde1' tbe Pardwe Order or by III)' other party a=1
dIroap or _del' than or III)' of than for IIld about the improvement of the Property or
aay pan thereof, or OD aedit thereof, aad that aD aabcoatracton, material"'en. IDd
laborers oa die _rk abaIIlook to &ad bold Contractor pcnoaaDy liable for payment of
aD nbcoatncton, materials f1U1Iiabed IDd _rk aad labor doae. so that there shaD DOt
be III)' IepI or IawCal claim of III)' lciad wIWenr apiast OwaufConmumon Aaeot for
aay _rk daM or labor or materials famished pumI&IIt to the Purchase Order for ud
about tile er-tioa. COIIStrUctioa IDd --"a...ioa of the Impro~' .....tI. or uader III)'
coatracC or dauce order for estn _rk. or for _rk ...,.....eataI thento or otberwiH.
1. This AliI Ulal wairiq the ript oflieu sIaaII be.. iDdtJs-4-f CIm!IlIIlt aad abaII
.,.,... IIId be c&cti..... u weB with .~.,eu to work doae .... JUteriab fIII"niabed lIIIdcr
aay '-wl-- ..1 CODtnd or dwa&e order for estn _rk ia the eftdioa. ......A>..m..
IIId . . Wioa of die Impro,' J U . to .., _rk _labor cleM ud IIlateriaIs
........... pwv- to the Pudwe Order, ud daaII biDd.. ptCftflOr1 ud ...... of the
Coacnaor. ne C......aor acras.... it Iw 1Illt..... wiII_..... ita daiat r...
10', T __ tbe hrdIa. Order.
.
3. la the evart Coatrador coasisu of more tbaa ODe penoa. firm or corpOnDoa. the
uaclerUkiap bereuader of eaeb of neb penoas, firuu or corporadoDS shall be joint lad
scnraI. lad the word "Coatrador" sbaII_ aU or some or III)' of them. For purposes
of this Ap-eemeat. the siaauJar sbaII be deemed to indude the plu..... lad the neuter shall
be de--.d to indude the masculiae lad (.....in;.." IS the coatest may require.
IN WITNESS WHEREOF, the Coatrador bas hereuato set (its) (his) their hlad lad seal
Wed the day lad year lint above writtea.
ATf'o.:sT
.~~ [;U.r (ar,. ~-)
CONTRACTOR L/
#.~ #; ~~
(If Owaer or Coastnlctioa Aseat or Ccmtractor is a corporatioa. this qreaaeat should be
eucuted by its Presideat or Vice Presideat, aad its Secreury or Treasurer, ad the corporate seal
Impressed. If' either is a partIIeI"ship. aU partDen should aenate this qreemeat; lad if either is a
iadividua1 or panaenbip, .0 ..,..tnra shoald be witaaIed).
STATE OF -Pc:::!:.J11~ )
COUNTY OF JD-~
PenuaaIIr ~ before -. die ~ a No~ ~ for said COIIId)' aad
State. " of'li-, M ro-ftt: . &eel that be did sip
DelseaI~~~for.aad bebalfof.said ~rf.c)rtlft'fl .beiac
1M. ~ daIy 1IItIIorir&d to do so Del that the _ is the free aet ad deed IS neb officer aad the
he act aDd deed of'said eO /" 100 ro... t1 c ()
.
IN ~y WHEREOF, J bne b.....-to set my haad ad oflicia1 seal this .J.sfft
day of ,1'.12.
~~(/~
~hIl
~ L~,.....NIIIc
$I-. SiiMg Twp.. ~ld County
.., ~,,,,. tllO'" E.... Haw. 22. tilt
~. Pema,tJ.,rua ~ 1 [.!.let.....
.
,
CONTRACTOR'S ACKNOWLEDGMENT AND CONSENT
AND ASSIGNMENT OF SUBCONTRACTS
Tri~nnlp- Firp Prntp~tinn Tn~
("CanlraClor"). for valuable consideruion, receipt ofwbich is hereby acknowledged, intending
10 be leplJy bound. and to bind its successors and nqg,.,. hereby: adaIOwledSes to New York
We la.unlace Campa..,., a New Yorlc IIIIIlU&Ilife insunnce company" itsll'ccasors and
uaigna ("lAnd""'). receipt ofllOtice ora cauin ASliJllllllCDl ofProjecz o-v.-. from Crown
American Properties. I..P., a DdawIn: limited panaenbip ("Bonvwer") to Lender, which
penainatothatccnaiaR~novation Flr~ spr1n~liit&l '/R/q7ber\l.oIlCI.
Contractor and Borrower ("CoatnlU"); iIP~"sucll ASlisnmem; /~".QIU to Lender that it
flu no knowledae of any prior assignment of the Contract by Borrowa; qrea to give Lender .
written notice ar lhe Iddress indicared in the ASlignmeat of any deliwIt by Bomlwer uncIer the
Comract simullIIIeClIISly with Conrractor'. giving of notice of de&ult to Borrower, qrea to give
Lender. ar Lcnder's aoIe option. die right to cure any and aD defaults by Borrower uncIer the
COIItI'ICt; rep. esaIU to Lender that the COIItI'ICt is WlIIlOdified and in full force and dfecz; qrees
with Lender to pay and cIischarge all liens or claims for IIbor and materials Nmished in
connection with lhe Contl'Kl; aarees with Lender to filDy complere aD worIc in ICCOIdaIIce with
die terIIIS 0( aad 011 or bclore the completion clare ~ in the Comna. subject to any
I"" ..~Ir..d delayI a let forTh in die Contract and provided that Contractor is paid for IlICh worlc in
ac:cordIIIce with the terIIIS of the Cu..t. -.I., represealS and WImIItI to Lcnder thIl CorIIm:tor bas
aD -"'Y permits, r_ and authority lIIIller aD RIle and 1ocaI1aws. orrG-- and
rquJarions to perform aD ofits nN:~ uncIer the Comract; qrees with Lcnder thIl Lender
shaD have no liability to COlltI'ICtor either lIIIller the Comna. the fo. "It"iuj ASlipmcar, or
otherwise for any act or ~..;on ClCaIIring prior to IlICh time (If any) u Lcnder eIec:ts. aad 10
notifies COIItI'ICtor in writing. to assume the limIre ..N:~ of8ol/\)__ lIIIller the Comm:t;
and qrees thIl aD of the rights and ranedics ofLcnder hereunder shaD inure to the benefit of
Lcnder's tilL t&aft1Dd ani.,..
Contractor ~. coIIatmlly assigns. lraIIIfers and COlIVeyS unto Lender. its
~!OOIS and assip'- all/he rights. illlrralS and pm-ileps ofComracror in and to each and
C\t'l" ..ll>rontnCl 00\\ Of' hereallft' emtred inlo~' COIIITICIOI with respect to lhe Pl......,ny or the
COlllraa C omraClor ~enanu and aJfftS that it flu not and will not execute or make any
...;....I~.1l ofits risJIts under such subconuacu to ~ other lban Lender. The foreao;lIl
assiprnent is made to secun: COl1lI'ICtor's obliptions /0 Lender lIIIller lhis Comraaor's
....ckllO\\'ledpnent and C 0IIIetll and ~","'d of SubcoJqraCls. indudins without limitation.
COlIIraaor's oblipIion 10 COlnplae lhe WOlt described in lhe Comract in strict acconbnce with
the tams ofsucll COlIlract. for /he benefit oflaKlerllllOlllhe request of Lender. Lender shall
not be obIiprecl 10 perform or disc:barJe 1/1)' obIiption of COlIlractor in COIlllCCtion with any of
tuclllllb [ .....::lJ uaIeu. uaril and to the ellIeat thIl LaIder. folIowiaa a de&uh by COIIltactOt
hereunder or under the Coama........ooHly .,..- in writiaa 1/1)' tucII subt...ot..a.
IN WITNESS WHEREOf. Conrractor flu caused this iraIn-. to be cIuly
CUCU1cd and scaled this Ju lY 1 5 . ~ 7
(SaI)
W___Attesr:
~/c~
Nuie. Hark E. P tetger
Tide' Corporate Secretary
By:
~"'Y .J/t ~
~Irry H. S.tth
~ Corporate Pre.tden~
.
:
.
EXHIBIT "An
LEGAL DESCRIPTION
CAPITAL CITY MALl.
ALl. THAT CERT A/N ltael or pared of WId siluale in lIle Township of Lower Allen,
Cou",y of Cumberland, CommonwCllIh of Pennsylvania, man: panieuwly boun~cd and
dacribcd U (ollows 10 wil:
<<
BI!CiINNING ala poinl on the Nonhem Ri,hl.Of.Way line of H1I1wle Drive al lhe
lerminus of a 23 (lXll radiul conneelin'lhe Nunhem line of H.vtzd1Ie Dnve wilh &he Walem
line o( Caplw Mall Dnve; lhen" aJon'lhe Nonhem Ri,hl.O(,WlY line of Hanwle Drive,
Soulh '3 de,n:cs 12 minula 22 1<<0NII WaI, a "isw1ec o( 2029.1$ (eel 10 I polnl; thence
1Ion, I curve. curvin, 10 the ri,hl havin, 1 ehor~ bevin,. NOM 8J dc,n:cs 20 minllla "
1CCOIId. WCJl, a dilWll:o: o( 61.89 (eel, a r.adius of .5.00 and an 111: Jen,lll of ~.2. fcellO a
poinl on Ille l!uIem Ri,hl.O(.Way line o( ZimmerllWl Drive; thence 1Ion,lIle Zimmerman
Drive Ri,hl-O(.Way line. NOM 39 dqn:cs ,. minuleS JllCCOIIds West, a dilWlCC o( 889.62
reel 10 a point on IlIe Soulhcm Ri,hl-O(.Way line or new u.s. Roule 1$; lhenee in a
NonhcaJletly c1ireaion., said Ri,hl.Or.Way IIle rollowin, CllUncJ and ~ilWlea, NOM 4'
de,n:c.s 16 minuleS 22 seconds /!.ul,a dilWlCe o(22I,JO reel 10 I poinl; lhcnce alon,a curve.
curvin, 10 lhc 1e(1 havin,a cIlotd belrin, Nonh 42 dqn:c.s 09 minuleS 49 Illalllds WI, a
diSWlCe o( 3\19.116 reel. I radius of 3678.80 ra:! and an an: ICll,lh or 399.26 reel to a polOl;
Ihcnce SOUl" '0 dqn:cs '6 minuleS 44 seconds I!ul. a dilWlCe o( 30.00 (CCllO a poinl; thence
alon,a curve, curvin, 10 IlIe Je/\ ham, I dlonl bearinc. Nonh 37 dqn:cs 04 minuleS 3 I
IllCOIldJ l!uI,a c1i1WlCC 0(2$6.17 (eel. a radius of3708.8:> (eel and 111 an: lo1,lh of2.S6.22 (eel
10 I point; lhena: SouIIl '4 dqn:cs ,. minuleS 14 ICalIlds EuI. a c1i1WlCC of 20.00 feel 10 a
poilll; lhcnce alon, a CIII\'C, curvin, 10 lhc Iel\ havin, a dlonl bc:uinc. Nonh 32 dqn:c.s "
minllla 09 seconds Eul, a disWlCe of 213.29 feel, a radius of 3728.&0 feel and 111 an: ICll,lh
of 213.36 feel 10 I point; lIIClIce Soulh '9 dqn:cs " minuleS 2. -.cis Eul, a dilWlCe of
11.00 feel 10 a poinl; lhcnce Nonh 31 dqn:cs 03 miIIulcs 34 IllCOIldJ SuI. a diIwlcc of39'.21
reel 10 a poilll; theIIce aloft, I CUl\OC, curvin, 10 Ihe ",hi, havin, a dlonl bcarin" Nanh 32
dqna'9 minuleS 36 seconds Eul, I dj_ of 23.26 reel. a radius of 3$0.74 feel andlll an:
lo1,lh of 23.27 feel to I poinl; lhcnc:c Nonh " dqn:cs 06 minllla 22 IllCOIldJ WCII, a d;..."CC
of20.00r-lIJa poiIIc; lhcnce aloft, a CUl\OC. anvinc 10 the rilhl ham,a c:bonI bc:uin,. Nanh
47 dqn:cs n minUlCl 3l1ClCOlldl SuI, I dislancz of 166. 79 (eel, a radius of JiO.74 feel and
11I111: 101,11I of 161.23 (eel 10 a poinI; lhcnce Nanh 29 dqn:cs 06 minuleS 2J IllCOIldJ WCII.
a lliSWlCe or 36.00 (eel 10 I poilll; lIlalcc alon, I CIII'VC. anvin,lO Ihe ri,,,,/lavin, a c:bonI
bc:uinl. Nonh 61 dqna ,. minuleS 27 ICCOlIds SuI, a dimnc:c of 1$.34 reel, a radius of
406. 74 (eet and &II an: ICllllh of 1$.34 (cellO I poilll; lIIence Nonh 63 dqra:s 14 minuw 51
IllCOIldJ SuI. a diIwlcc of 8.U4 rerlto I poin\; Ihcnce alonl I curve. eurvinllO Ihe Icl'llllYinl
I dIOnl bearinl, Nonll60 dqra:s IS minuleS , IIllCOIldJ East. I dislancz of 40.2.S flft. a radius
of 316.44 and &II an: Ial.lh or .0.27 rcellO a poinl; Ihcnce Ieavin,lhe Soulhctn JUIIU-Of'Way
Jiftc of new U.S. ltoutc 1$ and rollowul,lhe WCIICI1I JU,hl-Of,WlY line of CapiuJ MIlJ Drive
Ihe followin, alIII1U and diJunces. alonla curve. Clln"inllO llle richl ham, a dxInI bcarin..
SoulIl6S dq1Da 44 mioUlCl II JCrXlNlI EasI.a dilWlal of 479.09 (ceI. uadius 0(427033 fea
and &II an: 101111I of'OI.,7 (ceI III a poinl; IhcnceSoudl31 dq1Da 31l11inu1a 37 -.Is I!uI,
I di_ of 109.a7 tea III a point; lllaIca Nonh sa dqlla 21 lIIinuIa 2J ICIQlIldJ llul. a
diaIIlIce 0( 1.00 rcellO a poinI; Ihcnce on I CUl\OC, cwviallO lhe Iel\ /IniAl a dxInI barut"
SoulIl 42 dqftft" IlIIllUlel n IllCOIldJ EuI. a dI_ of 1 74.J 1 filii. a radiUJ ot 448_14 ....
&ad &II an: 101&11I 0( 173.63 fcellO a JIOIllI; 1bcaars-ll54 clq.rea 0. minulaa7__1lul.
I di_ 0( 106.04 (eel lD I poinI; Ibcaar . a -. aarviIlllII Ihe riPl ..... a cIlaId
bearinc. SoudI 41 dqftft 29 .inUlCl ., -.Is I!uI. a tIO__ 0( 109.'73 feel, a qdilII of
SM." (1lII and.. an: 1al,III 0( 109.92 rcel III I poiIIc; IMnce SoudI.c2.... " ..... II
.... EuI. a .._ 0( 76.33 feel. I poiIoI; ..... SoudI36,,- 47 ___ JI--.
IuI, a 41'M...., oIlJ7.46 feel 10 a poiIIc; ..... a\oIlJ a -.... _,10 I/tI ,.,.. ...... .
cllonI banft.. SoulIl 01.._ J2 ___ U .... WaI. a .r......" ot )2.J) -. a .....
ot 23.00 feel &Illt &II are lelICtlI ot )6. U feel ilia ..... .. ........ I/tI poW 01...... -""
CON'TAINlNO ~ 11"__
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