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HomeMy WebLinkAbout97-05794 . 'llUl~1 .. IlAMPDBN INDUSTRIAL O<:VBLOPMENT, AtTTHORITY and HARRIS~URG AREA YMCA, IN THB COURT OF COMMON PLEAS OF CUMBBRI.ANll COUNTY, PBNNSYLVANIA Owner NO.: 97- $''19''1 fYlJ....O v, BWING ROOFING CO.. )1 Contractor WAIVER OF LIBNS CONTRACTOR' S WAIVER OF LIENS tIiJ THIS AGRBBMENT made this _.lK day of f1v~ , 1997, betwsen Harrisburg Area YMCA, a pennsylvania not-for-profit corporation. and Hampden Industrial Development Authonty, an instrumentality ot the commonwealth of penneylvania, with its offices on Sporting Hill Road, Mechanicsburg, penneylvania ("Owner") and Ewing Roofing Co.. 1425 Spanglers Mill Road, Camp Hill, Pennsylvania ("Contractor") WHBREAS, by a duly executed written agreement dated 11"" :Ji,IIf'7 (the "Contract"), Ownsr and Contractor have contracted for the replacing of 2 roofs and all matters pertaining thereto, all in accordance with the Contract (the "Improvements") on the Property situate in Silver spring Township, Cwnberland County, Penney1 vania (the "property"), eaid Property being more particularly deecribed in Bxhibit "A" attached hereto and by this reference incorporated herein; and WHBREAS, no authorization has yet been given by Owner to Contractor to commence its work or purchase materiale for same; and WHEREAS, no work has commenced on the Property and no labor or materiale have been delivered to the Property or furnished for the Improvements by Contractor or any eub-contractor or materialman, NOW, THEREFORE, the Contractor, for itself, its succeesors and assigns and anyone else acting or claiming through or under it, for and in consideration of the Contract and the considerations mendoned therein, and intending to be legally bound hereby, does hereby agree as follows: 1, Waiver of Lien, Contractor hereby waivee and relinquishee all rights to file a mechanics' lien, claim or notice of intention to file any lien or claim and dees hert!by covenant, promise and ugree that noJ mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained againet the Improvements or the estate or title of Owner in the Property as deecribed in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or by or in the name of any subcontractor, materialmen or laborere for work done or materials furniehed 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 ehall look to and hold Contractor pereonally liable for all eubcontracts, materials furniehed under the contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work eupplementa1 thereto, or otherwis". 2. Indeoendent Covenant, Thie Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with reepect to work done and materials Curniehed under any supplemental contract for extra work in the erection, construction and completion of the said Improvements and as to any work and labor done and materia1e furnished undsr the Contract. ~. . . ~_....- ~ ... ...- . ~ . . --'''''' , , ,. . . .3 . Power of At tornev. In order to 9i ve owner full power and authority to protect ltself, the property, the aotate or title of owner therein, and the appurtenance&\ thereto. against any and all liens ti led by Contractor or anyone acting under or through lt in viola.tion of the foregoing covenant, ContrActor hereby irrevocably authorl~es and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to Ii) appear as attorney for it, them or any ot them, in any such Court, and in its or their name or names, to the extsnt permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of ths foregoing covenant, or (ii) cauee to bs filert and eerved in connec:ion with such lien or liene any pleading or instrument, or any amendment to any pleading or instrumsnt previously filed by it or t~em, and to incol:porate therein, as part of the record, the waiver contained in this inetrument; and for 8uch act or acts this instrument shall be gocd and sufficient warrant and authority. A reference to the court, term and number in which and where this agreement eha11 have been filed shall be conclusivs evidence of the authority herein to warrant such action, and Contractor, for itself and tor t.hftm, hereby remiees, releases and quit-claims all rights and all manner of errors, defecte and imperfections whateoever in entering such satiefaction or in filing such pleading, instrument or amendment, or in any way concerning them. In the event anyone acting through or under contractor shall so file a lien in violation of the foregoing covenant, owner may not exercise i te rights under this Parl.gra~h 3 unlese such lien has not been stricken or discharged (by payment, posting of a bond or other means) for a period of ten daye after notice of such lien shall have been received by Contractor. 4. Public Notice. This Agreement er.all be filed in the Cumberland County Prothonotary's Office as public notice hereof. IN WITNE~S WHEREOF, the said parties, intending to be legally bound hereby, have caused this Contractor's waiver of Liens to be executed the day and year first above written. ~fflJl~ 7tY~, i~<,a ( /4't.........----.. ~o rrw.t Prasi ant NDUSTRIAL DEVllLOPMBNT By: (SEAL) ( SEAL) 1 ATTEST: (! .' . I '1 /:111/1'11'. ,II- ACHJ,r-l'l (Aset.) Secretary , By: ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a plan of ~urvey made by D, p, Raffensperger, registered surveyor, dated September 19, 1961 and last revised December 17, 1962, recorded in the?ffice of the Recorder of Deeds in and for Cumberland County in Plan Book 15, Page 55, as follows, to wit: BEGINNING at a point being the southeast corner of that cerlain tract of land heretofore conveyed by Spera Industrial Co" a Pennsylvania corporation, to National Bank & Trust Company of Central Pennsylvania by deed dated Seplember 18, 1964 and referenced as follows: (1) Starting at a point being the intersection of the center line of Trindle Road, Slate Highway Route No. 641, and the west line of Fallowfield Road extended and thence along the west line of Fallowfield 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 feel for an arc distance of 31,26 feet to a point, the place of BEGINNING; thence continuing along the west line of Fallowfield Road by said curve to the left having a radius of 346.91 feet for an arc dislance of 54,51 feet to a point; thence continuing along said west line of Fallowfield Road South 38 degrees 27 minutes East, 10.49 feet to a point on line of land now or late of Roban, Inc.; thence continuing along said lands the following two courses and distances: (1) South 51 degrees 33 minutes West 8.77 feet to a point and (2) South 7 degrees 28 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 84 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,; thp.nce 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" 'I ~ C1 ,D /tJ " -J , ) ~ . .. _. --- :--') tr::. () ~. -) I ~ .,. I: :~ , :-'J 8 '11 0-" " ,! ~ "- ;.... 1 ) ..J <i'( ',.1 ~ ~ ~ II C .. ',11 ..' ~ ." .:J . (#) :.J .r; 4f.J ,( t ,I t 60 .