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Home My WebLink About97-05795 .:".,., "- HAMPDIlN INDUSTRIAL DIlVELOPMIlNT, AU'l'HORITY and HARRISBURG ARIlA YMCA, IN THIl COURT 01' COMMON PLEAS 'lP ctJMBllRLAND COUNTY, PBNNS\'LVANIA Owner NO.: Q7-$'1'lS l?1J...jJ v. DIlSIGN ALLIANCB. Contractor WAIVER 01' LIBNS CONTRACTOR' S WAIVER 01' LIBNS THIS AORIlIlMllNT made this l'/fll day ot..).uAll~. , 1997, between Harrisburg Arsa YMCA, a Pennsylvania not-tor-prodt cotporation, and HlIlIIPd.m Industrial Development Authority, an instrumentality Of the Commonwealth ot Pennsylvania, wich its otfices on Sporting Hill Road, Mechanicsburg, Pennsylvania ("Owner") and Design Alliance, 30 Oak Avenue, Camp Hill, Pennsylvania ("Contractor") . WHBREAS, by a duly executed written agreement dated ."jJJl~lJl..J /lJ.j./tft'l (the "Contract"), Owntlr and Contractor have contracted to provide intenor llesign services and all m&ttsrs pertaining thereto, all in accordance with the Contract (the "Improvements") on the Property situate in Silver Spring Township, Cumberland County, penneyl vania (ths "Property"), said Property being mors particularly described in Ilxhibit "A" attached hereto and by this reference incorporated herein; and WHIlREAS, no authorization has yet been given by Ownsr to Contractor to commence its work or purchase materiale for eame; and WHIlREAS, no work has cOlTU1\enced on the Property and no labor or materials have been delivered to the Property or furniehed for the Improvements by Contractor or any sub-contractor or. materialman. NOW, THIlRllI'ORB, the Contractor, for itself, its succeeeors and aesigns and anyone else acting or claiming through or under it, for and in consideration Of the Contract and the coneiderations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: 1. Waiver of Lien, Contractor hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of intention to file any lien or claim and does hsreby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maint~ined against the Improvements or the eetate or title of Owner in the Property as deecribed in Il~libit "A" or the curtilage or curtilages appurtenant thereto, by or in the name of ~ontractor or by or in the name of any subcontractor, materialmen or laborers for work done or materiale 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 labor..rs on the work shall look to and ho:"d Contractor personally liable for all subcontracts, materials furnished under the contra.ct 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. 2. Indecendent Covenant, Thie Agreement waiving the right of 1 ien ehall be an independent covenant and ehall operate and be effective as well with reepect to work done and materials furniehed under any supplemental contract for extra work in the erection, construction and completion of the said Improvements and ae to any work and labor done and materiale furniehed under the Contract, , 1. Dnw.r of At.t-nrnav. In ord.r to give owner full power .nd authOrity to protect itself, ths property, ths estats or title of ownsr thersin, and the appurtsnancss thsrsto, against any snd all lisns fi1sd by Contractor or anyone acting under or through it in violation of ths foregoing covenant, Contractor hersby irrevocably authorilse and empowere any attorney of sny Court of Common P1ees of the Commonwealth of Pennsylvania to Ii) appsar as attornsy for it, them or any of thsm, in any such Court, and in its or thsir nams or namss. to ths extsnt permittsd by law, msrk satisfied of record at the cost and expenss of Contractor or of any eubcontractor or materialman, any and all lien or liena, filed in violation of the foregoing covenant, or Iii) cause to bs filed and ssrvsd in connsction with euch lien or liens any plseding or inetrument, or any amandment to any pleading or instrument prsviously filed by it or them, and to incorporats thsrein, as part of the record, the waiver contained in this instrumsnt; and for euch act or acts this instrumsnt eha11 be good and eufficient warrant and authority. A rsterencs to ths court, term and number in which and whsrs this agreemsflt shall havs besn filed shall bs conclusivs svidencs ot the authority hersin to warrant such action, and Contractor, tor itsslt and for thsm, heraby remises, relea.es and quit.claims all rights and all manner ot srrora, detscts and impertsctions whatsoever in entering such satistaction or in filing such plaading, instrument or amendment, or in any way concerning them, In the event anyone acting through or undar contractor shall eo file a lien in violation of the foregoing covenant, owner may not exercise its righte under this Paragraph 3 unlsss such lien hae not bsen stricksn or discharged Iby paymsnt, posting of a bond or other means) tor a period of ten days after notice of such lien shall havs baen racsived by Contractor, 4, Public Notice, This Agreement shall bs filsd in the Cumberland County Prothonotary's Office as public notice hereof, IN WITNESS WHERiOP, the said parties, intsnding to bs legally bound hsreby, have caused this Contractor's Waiver of Lisne to be executed ths day and year first above written. I. '- OWNER, HAMPDEN INDUSTRIAL DEVELOPMENT AUTHORITY ~/.1 ~/ f " , .h'.J?'~"" ,- ,;;~(/1(: '~".~'. By' c..~ k.t:~ v_ f . C..&"- ~ ~-C~."...._. By: ~ ~ President By: (Asst,) Secretary (SEAL) ATI'E,T: ,lJifj:;:;; (SEAL) COIITRACTOR: DES ION ALLIANCE - . By: '{iih t'J (Vi~ . .~-' , All THAT CERTAIN tract of land situdte in Hdmpden Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a plan of survey made 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 Plan Book IS, Page 55, as follows, to wit: BEGINNING at 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 Company of Central Pennsylvania by deed dated September 18, 1964 and referenced as follows: (11 Starting at a point being the intersection of the center line of Trindle Road, State Highway Route No, 641, and the west line of Fallowfjeld Road extended and thence along the west line of Fallowfjeld Road, South 24 rJegrees 17 mirutes 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 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 distance of 54,51 feet to a point; thence continuing along said west line of F,ll1owfield 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 alline 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" .'-. --~c''--~:2\~._-- -.... -~_. _ ~ . '-".:;..';"~_. ,', ;) r) _J " "'0) lJ ~ ~ , '. i C '.) ~ ft.- " C I , , ~ C " , '.-' . ,;1 ~ .. ! cJ ' . , 0 - ", "'oJ p: - ...... '1 ;V t f " ,..... p