The URL can be used to link to this page

Home My WebLink About97-05796 Amov, HAMPDBN INDUSTRIAL DBVliLOPMIlNT, AU'I'HORITY and IlAIlRISBURG ARBA YMCA, IN THB COURT OP COMMON PLBAS OP CUMBBRLAND COUNTY, PBNNSYLVANIA Owner NO,: q'~- .J79t.. /YIW v. CLEARWATBR POOL CARB, INC" Contractor WAIVliR OF LIBNS CONTRACTOR' S WAIVliR 01' LUNS THIS AGRBBMIlNT made this ~ day of ,")( h ,I",.. r , 1997, betlfeen Harrisburg Area YMCA, a Pennsylvania not.tor'~ation, and Hampden Industrial Development Authority. an instrumentality ot the COIIlIIIonwea1th of Pennsylvania, with its otfices on Sporting Hill Road, Hechaniceburg, Pennsylvania ('Owner') and C1sarwater Pool Care, Inc., P,O, Box 48, Mschanicsburg, Psnnsy1vania ('Contructor'). WHBRBAS, by a duly executed wri t ten agreement datsd C) II "5/ Cj, (the 'Contract'), Owner and Contractor have contracted for the installing bromine/olone pool sanitation system and all matters pertaining thereto, all in accordance lfith the Contract (the 'Improvements') on the Property situats in Silver Spring Township. Cumberland County, Pennsylvania (the 'Property'), said Property being more particularly described in Bxhibit 'A' attached hereto and by this rstersnce incorporated herein; and 1'I'n.___43.. ....~ -""k~~n IlaEr)aC-.-"beeR-'~...",,<<'Ly ~~ "ee--c:__...6.1C..!. 4~.... ..........kor ,lJu.l.Chaa" Iha~tu.la.ls-.f.or- iI~ -AAd ,I /_ v'- '~nD~, ns .-odt-hAe-<,l""ImmARceti-on--.t.be~.pett:y a:Rd-no-.1e!3~ -d'!' ~"ilr-d&lhwUld L~ th..~rty o".ftJfl>i1tfte4 tor--th~mpro_. ~~&I.l1l.:~..e~ ..........t....aimMl, Lvt. NOW, THBRBFORB, the Contractor, for iteelf, its succsssors and aesigns and anyone elee acting or claiming through or under it, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: 1. Waiver of Lien, Contractor her..by waivse and relinquishes all rights to file a mechanice' lien, claim or notice of intention to file any lien or claim and does hereby covenant, promlse and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be tiled or maintained against the Improvements or the estate or title of Owner in the Property as described in Bxhibit '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 1aborere 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 thersof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracte, materials furnished under the contract for and about the erection, construction and completion ot the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2, Indeoendent Covenant, This Agreement waiv;ng the right of lien shall be an independent covenant and shall operate and be effective as well with reepect to work done and materiale furnished under any eupplemental contract for extra work in the erection, construction and completion of the said Improvemente and ae 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 itsslf, the property, the estats or title of owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrsvocably authoriles and empowers any attorney of any Court of Common Plsas of the Commonwealth of pennsylvania to (i) appear as attorney for it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of rscord at the cost and expsnse of Contractor or of any subcontractor or materialman, any and all lisn or lisns, filed in violation of the foregoing covenant, or (ii) cause to be filed and ssrved in connection with euch lien or liens any pleading or instrumsnt, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate th~rein, ae part of the record, the waiver contained in this in.trument; and for such act or acte thie instrument ehall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority hat.ain to warrant such action. and Contractot', for itself and for them, hereby rsmisee, releases and quit-claims all rights and all manner ?f srrors, defscts and impsrfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. In the evsnt anyons acting through or under contractor. shall so file a lien in violation of the foregoing covenant, owner may not exercise its rights under this Paragraph 3 unlese such lien has not been stricken or diSCharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been received by Contractor. 4. Public Notice. This Agreement, shall be filed in the Cumberland County Prothonotary'e Office as public notice hereof. IN WITNBSS WHBRBOF, the said partiee, intending to be legally bound hereby, have caueed this Contractor's Waiver of Liene to be executed the day and year first above written, OWNBR: HAMPDBN INDUSTRIAL DBVBLOPMBNT AUTN~ORITY~~~ _..}~' ._~~h /-;J;" ~ By:-':.?71?-;:. f5'.~ ~. .P C;...~~~"" ..oe.___. (Asst.) Secretary ::~:rrcQ (.... President (SIAL) ATI'BST: ''::l''c\''l'!- \( lA-An D;, \, (~) Secretary it' (SIAL) CONTRACTOR: CIJlARWATBR POOL CARE, ~C/ By: ~"'1A~ 2.: r ~~iJ (\Ofi!e) preeident .. All THAT CERTAIN tract of land situate in Hampden 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: (1) St<lrting 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 dlong the west line of Fallowfield Road, South 24 degrees 17 minutes East 167 feet to a point of curve; dnd (2) thence along same by a curve to the left having a radius of 346.91 feet for an MC distance of 31.26 feet to a point, the place of BEGINNING; thence continuing along the weslline 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 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 COl>rses 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 feel 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.; 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 minules East, 366,11 feet to a poinl; 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"