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HomeMy WebLinkAbout97-05903 .105891 IlAlfPDBN INDUSTRIAL DBVBLOPMBII'1', AI1l'HORITY and HARRISBURG AREA YMCA, IN THI COURT 0' COMMON PLIAS 0' CUIIIIBRLANll COtlIlTY, PBNNSYLVANIA Owner Q7' 5'903 MLtJ Ttrfl-1 v. NO.: KILLBR , HOR'ORD, IHC. Contractor WAIVBR 0' LIBNS CONTRACTOR' S WAIVBR 0' LIBNS THIS AGRBBMIlIl'1' made this ~Oth day of October, 1997, between Harrisburg Area YMCA, a Per.neylvania not-for-profit corporation, and Hampden Industrial Development Authority, an instrumentality of the Ccmmonwealth of Pennsylvania, with it. officee on Sporting Hill Road, Kechanicsburg, Pennsylvania ('Ownsr') and Killer & Norford, Inc., 700 Ayers Avenue, Lemoyne, Pennsylvania ('Contractor') , WIIBRBAS, by a duly executed written agreement dated October <iaQ., 1997 (the "Contract'), Owner and Contractor have contracted for the replacing of ~ roofs and all matters pertaining thereto, all in accordance with the Contract (the 'Improvemente') on the Property situate in Silver Spring Township, CUmberland County, Penneylvania (the "Property'), said Property being mora particularly described in Bxhibit 'A" attached hereto and by this reference incorporated herein; and WHBRBAS, no authorization has yet been given by Owner to Contrantor to commence its work or purchase materials for same; and WIIBRBAS, no work hae commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any sub-contractor or materialman, NOW, THBRBFORB, the Contracto1, for itself, its successorll and assigns and anyone else 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 hereby waives and relinquish.. all rights to file a mechanics' lien, claim or notice of intention to file any lien or claim and does hereby covenant, promise and agree that no 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 tha Property.. deecribed in Bxhibit 'A" or the curtilage or curtilagee appurtenant thereto, by or in the name of Contractor or by or in the name of any eubcontractor, 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, matarialmsn, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnhhed under the contract for and about ths erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. ~. Indeoendent Covenant. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished 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 materials furnished under the Contract. 3. Power of Attornev, In order to give owner full power and authority to protect itsf!lf, the propert)', the estnte or title of owner therein, and the appurtsnances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of C~on Pleas 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 t~eir name or namee, to the extent permitted by law, mark satiefied 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 the foregoing covenant, or (H) cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument; and for such act or acts this instrument shall 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 herein to warrant such action, and Contractor, for itself and for them, hereby remises, releases and quit-claims all righte and all manner of errors, defects and imperfections whatsoever in entering such satisfaction 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 its rights under this Paragraph 3 unless 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's Office as public notice hereof. IN WITNESS WHBRBOF, the said parties, intending to be legally bound hsreby, have caused this Contractor's Waivsr of Liens to be executed the day and year first above written, OWNBR: I\AMPDBN INDUSTRIAL DBVIlLOPMIlNT AUTHORITY /'> By: \;"<IA1//!t '\ IIT):,,_ By: HARRISBURG AlUlA n:CA n Q Q SJ(,C~ (w.el Preddent By: (~.t.) Secretary (SIAL) ATTIlST: a ~' " " ecretary ~ Jody L, Farling l (SIlAL) CONTRACTOR: MILLlIR' ORFORD, By: " '* ALL THAT CERTAIN tr,lCt of I.lnd SillJ.lle in Hampden Township, Cumberland Counly, Pennsylvania, more pitrlicularly bounded "lI1d described according 10 a pl,m of survey m.1de by D, P. Raffensperger, regislered surveyor, dated September 19, 1961 .1nd litst revised December 17, 1962, recorded in the Office of the Recorder of D(!eds in and for Cumberland County in Plan Book 15, Page 55, as follows, to wil: BEGINNING at a point being Ihe soulhe,lst corner of Ihat certain Iract of 1.1Ild heretofore conveyed by Spera Industrial Co., a Pennsylvania corpora(ion, to Nalional B,mk & Trusl Company of Central Pennsylvania by deed daled September 18, 1964 .1nd referenced ,1S follows: (1) Starting at a poinl being Ihe intersection of Ihe center line of Trindle Road, Stale Highway Route No, 641, and the west line of Fallowfield Road extended and thence along the west line of Fitllowfie1d ROdd, South 24 degrees 17 minutes East 167 feel to a point of curve; and (2) thence along same by a curve 10 the left having a radius of 346,91 feet for an arc distance of 31.26 feet to a point,lhe place of BEGINNING; thence continuing along Ihe west line of Fallowfield Road by said curve to the left having a radius of 346,91 feet for an .HC distance of 54,51 feet to a point; thence continuing along said west line of Fallowfield Road Soulh 38 degrees 27 minules East, 10.49 feet 10 a point on line of I.lnd now or late of Roban, Ine.; thence conlinuing along said lands the following two courses and dislances: (1) South 51 degrees 33 minutes Wesl 8.77 feet to a point and (2) South 7 degrees 28 minutes Easl, 610.68 feet to a point on Ihe northern right-of-way line of The Harrisburg Expressway; thence by said right-of-way line, North 84 degrees 42 minutes West, 319,6 feel 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, Ine. 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" , ~ J ~ " "-'l ~ j Ci~ - ~ ~ "'S ~ .--, . ,- ~ ...- ~ ~ L; ..... , "