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Home My WebLink About97-05792 110'..'\10 f{;..,c.,v 5~e." 5~~ Co//fI"5 j,;/;-( oJ ~7";; Ie - . HAMPDIlN INDUSTRIAL DIlVllLOPMIlNT, AUTHOR In and HARRISBURG MIlA YMCA, IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVAlIIA Ownsr NO,: 97-S/'/9)... /'fIJ-..jJ r,' v. IF IT'S WATBR, INC" Contractor WAIVllR OF LIBNS ; CONTRACTOR' S WAIVER OF LIBNS .... THIS AGRBBMIlNT mads this ...L- day of Ave; , 1997, between Harrisburg Area YMCA, a Pennsylvania not-for-profit corporation, and Hampden Induetrial Development Authority, an instrumentality of ths Commonwealth of Penneylvania, witn its othc.es 011 Spol.ting Hill Road, Mechanicsburg, Penneylvar.ia ("Owner') and If It's Water, Inc., 425 Rock Raymond Road, Downingtown, Penneylvania ('Contractor'), WIlBRBAS, by a duly executed written agreement dated /It;a, S, 1'1'17 (the 'Contract'), Owner and Contractor have contracted for the pool fi1trat!on eystem and all mattere pertaining thereto, all in accordance with the Contract (the 'Improvements') on the Property situate in Silver Spring Township, Cwnberland County, Pennsylvania (the . Property"), eald Property being more particularly deecribed in Bxhibit "A" attached hereto and by this reference incorporated herein; and /' WIlBIlIlAli, no ~thorization h~et been given by Owner to Contractor to commence its work-,or-pu~qase materials 'for earne; and WIlBREAS, iJo work has ~enced on the Property and no labor or materials have been deh...€~'i:he roperty or furnished for the Improvements , by Contractor or any sub-contractor ,materialman" NOW, THERBFORB, the Contractor, for itself, its successors and aseigne and anyone else acting or cluming through or under it, for and in consideration of the Contract and the coneiderations mentioned therein, and intending to be legally bound hereby, does h~reby agree as fo110we: 1. Waiver of Lien, Contractor hereby waives and relinquishee all rights to file a mechanics' lien, claim or notice of intention to file any lien or claim and dOBS hereby covenant, premise lUld agree thRt no mechanics' lien or claim or other llen or claim of any kind whateoever shall be filed or maintained against the Improvements or the eetate or title of Owner in the Property ae described in Exhibit "A" or the curtilage or curti1ages appurten&lt thereto, by or in the name of Contractor or by or in the name of 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, and laborers on the work shall look to and hold Contractor pereonally liable for all eubcontracte, materials furnished under the contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. ! , , i I I ! i ~ 2. Indecendent Covenant. Thie Agreement wai vtng the right of lien ehall be an independent covenant and eha11 operate and be effective ae well with respect to work done and materials furnished under any eupplemental contract for extra work in the erection, construction and 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 ~h.rein. and the appurtenancee thereto, againet any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby ir.evocably authorizee and smpowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvenia to (i) appear as attorney for it, them or any of them, in any such Court, and in its or their name or namea, to the extent permitted by law, mark satisfied of record at the cost and sxpsnse of Contractor or of any subcontractor or materialman, any and all lien or liens, tiled in violation of the toregoing covenant, or (ii) cause to be tilsd and served in connection with such lien or liens any pleading ar instrument, or any amendment to any pleading or instrument previouely filed by it or them, and to incorporatft thereiu, 4S part of the record, the waiver contained in this instrument; and tor such Act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, f.erm and number in which and where this a9reement shall have been filed shall be conclueive evidence of the authority herein to warrant such action, and Contractor, for itself and for them, hereby remises, releAses and quit-claim~ all rights and all manner of ~rrors, defects and imperfections whatsoever in entering such satisfaction or in filinq such pleading, instrument or amendment, or in any way concftrning them. In the svent anyone acting through or under contractor shall eo tile a lien in violation of the foregoing covenant, owner may not exerciae its rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting ot a bond or other means) for a period of ten days atter notice of such lien shall have been received by Contractor. ., Public Notice. This Agreement shall be filed in the Cumberland County Prothonotary's Oftice as public notice hersof, IN WITNESS WHEREOF, th6 said parties, intending to be legally bound hereby, have caused this Contractor's Waiver of Liens to be executed the day and year firet above wricten, OWNBR: HAMPDBN INDUSTRIAL DEVliLOPIIENT AllTHORITY ;Z~/// BY~ //~?~'t L ( - (Aest.) Secretary By: . HARRIS~URG ~ ( . By:QL C J~ ~ preeident ( SIlAI.) ATTEST: CONTRACTOR: IF~ER, INC, ~# By: 1h-~ ~preeident (Asst,) Secretary ( SIlAI.) ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a plan of survey m,Jde by D, p, Raffensperger, registered surveyor, dated September 19, 1961 and last revised December 17, 1962, recorded in the Office of the Recorder of Deeds in and for Cumberland County in PI,1Il Book 15, Page 55, as follows, to wit: BEGINNING ,It a point being the southeast corner of that certain tract of land heretofore conveyed by Spera Industrial Co" a Pennsylvania corporation, to National Bank & Trust Comp,IIlY of Central Pennsylvania by deed dated September 1 B, 1964 and referenced as follows: (1) Starting at a point being the intersection of the center line of Trindle Road, St,lle Highway Roule No, 641, and the west line of Fallowfield Road extended and thence along the west line of Fallowfjeld Road, South 24 degrees 17 minutes East 167 feet to a point of curve; and (2) thence along same by a curve to the left having a radius of 346.91 feet for an arc distance of 3 1 ,26 feet to a point, the place of BEGINNING; thente continuing along the west line of Fallowfield Road by said curve to the left having a radius of 346,91 feet for an arc distance of 54,51 feet to a point; thence continuing along said west line of Fallowfield Road South 3B degrees 27 minutes East, 10.49 feet to a point on line of land now or late of Roban, Ine,; thence continuing along said lands the following two courses and distances: (1) South 51 degrees 33 minutes West B.77 feet to a point and (2) South 7 degrees 2B minutes East, 610,68 feet to a point on the northern right-of.way line of The Harrisburg Expressway; thence by said right-of-way line, North B4 degrees 42 minutes West, 319.6 feet to a stake at line of land now or late of Weis Markets Inc,; thence along said line of land North 24 degrees 17 minutes West 455,91 feet to a point on line of land now or late of Petroleum Facilities, Inc.; thence partly along said line of land now or late of Petroleum Facilities, Inc, and partly along line of land now or late of the National Bank & Trust Company of Central Pennsylvania North 65 degrees 43 minutes East, 366,11 feet to a point; thence continuing along said line of land now or late of National Bank & Trust Company of Central Pennsylvania, North 42 degrees 23 minutes East, 92,9 feet to a point, the place of BEGINNING. CONTAINING 4,76 acres, more or less. - EXHIBIT "A" ~ ~! t f- II n :J r, ~, I 1J~ ~ p ~ ~ 8 Ciot "- t) ...J (g P- ~ ...0 r ""'c- r r- 6) , .., '~ . I !'l -q '... ,-j . .~-i . ~.i ....., 1 , ~ ., :~ I ~. ~ ~ ~ . ,~ "'--'.~ ',. --4.