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HomeMy WebLinkAbout97-06008 ,\Ju. err ~U08 rnL{J Project Name: Roth Village (0-546) WAIVER OF UENS. DESIGN SERVICES AND CONSTRUCTION CONTRACT ADMINISTRATION ARCHITECT KNOW ALL MEN BY THESE PRESENTS, That contemporaneously with the execution hereof, an agreement has been entered into between SENCIT HAMPDEN ASSOCIATES L.P" a limited partnership, with a principal place of business at 2215 Forest Hills Drive, Suite 36, Harrisburg, PA 17106, ("Owner"), AND BRADLEY, CHAMBERS & ASSOCIA":'ES, INC" a Pennsylvania corporationwith a principal place of business at 351 Wesl Janles Street, P,O, Box 1327, Lancaster, PA 17608-1327, (" Architect"), relating to the planning, designing and construction contract administration of a housing project upon the real estate located at 4181 Roth Lane, Hampden Township, Cumberland County, PA, and described in Exhibit A, attached hereto and made a part hereof (the "Agreement"); and, WHEREAS, PENNSYLVANIA HOUSING FINANCE AGENCY has agreed to lend and advance certain funds to Owner to finance such construction in consideration of the execution of this Waiver, NOW, THEREFORE, intending to be legally bound hereby. at the time of and immediately before the execution of the Agreement, and before any authority has been given by Owner to Architect to commenr.e work on said housing project, for and in consideration of the making of the Agreement with Owner, Architect does hereby, for Archilect and any and all subcontractors, material suppliers and parties acting or claiming for, through or under Architect, including, inter alia, any mechanical or electrical engineer. construction engineer or civil engineer, covenant and agree with Owncr and PENNSYLVANIA HOUSING FINANCE AGENCY lhat no mechanics' liens or claims shall be filcd or maintaincd by Architect, or any of them, against the real estate described in Exhibit A attached hereto, or the buildings thereon, for or on account of any work done or materials furnished under the Agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the planning, designing, rehabilitation and/or construction and completion of the housing project, or otherwise; and Architect, for Architect and any and all subcontractors, material suppliers and parties acting or claiming through or undcr Architect, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby expressly waivcs and relinquishes the right to have, file or maintain any mechanics' liens or claims against the real estate or buildings. Waiver of Licns - Construclion AdministrationlDcsignll'cnnHOMES Project: Roth Village (0-546) Page I of 3 This Wa;vcr waiving thc right of licn shall bc in an indcpcndcnt covcnant and shall opcrate and be effective as well with respecl to work done and matcrials furnished under any supplemcntal contract for cxtra work in thc planning, dcsigning, rehabilitation and/or construction, construction contract administration, and complclion of lhe housing project as to any work and labor done and materials fumishcd under thc Agrccment. In ordcr to give Owncr and PENNSYLVANIA HOUSING FINANCE AGENCY full powcr and authority to protectlhe real estatc and buildings againsl any and all mechanics' licns or claims filed by Architcct or anyonc acting or claiming for, through or undcr Architcct or in violation of thc Agrecment or this Waivcr, Architcct, for itself and all subcontractors, material suppliers and parties acting or claiming for, lhrQugh or undcr Architect, including, intcr alia, any mcchanical or clcctrical engincer, construetion cngineer or civil cnginccr, hcrcby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any court or jurisdiction there or elsewhere, to appear in any court or jurisdiction for Architect, and mark satisfied of record, at the cost and expense of Architect, or any such subcontractor, material suppliers or party including, inter alia, any mcchanical or clectrical cnginccr, construction cnginccr or civil cnginccr, any and all claim or claims, lien or Iicns filcd by or for Architccl. in its or their namc against the rcal cstate, buildings, or any part thcreof, and, for such act or acts this shall be a good and sufficicnt warrant and authority, and a rcfercncc to thc Court, tcrm and number or placc in which the Agreement and this Waiver shall have been filed shall bc sufficicnt exhibit of thc authority herein contained to warrant such action; and Architcct, for itsclf and all such parties. docs hcreby remisc, release and quit-claim unto Owner and PENNSYL VANIA HOUSING FINANCE AGENCY and each of thcir attorncys any and all manncr of crrors, defects and imperfections whatsocvcr in entering such satisfaction or anywisc touching or conccrning thc samc. The Agrecmcnt and this Waiver arc made and intendcd to be filed with the Prothonotary of the Court of Common Pleas of thc County or other proper place in which thc above-described lands are located, It is exprcssly understood that this Waivcr and all of the provisions and remedies herein contained shall be availablc to and for the protcction of PENNSYLVANIA HOUSING FINANCE AGENCY and Owner of said prcmiscs. In thc event Architect consists of morc than one person, firm or corporation, the undertakings hcreundcr of each of such pcrsons, firms or corporations shall be joint and scveral. and the word "Architect" shall mean all or some or any of them, For the purposes of the Agreement and this Waiver, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine. as the context may require. Waiver of Licns - Construction AdministrationlDcsignlPcnnHOMES Project: Roth Villagc (0-546) Page 2 of 3 IN WITNESS WHEREOF, Archi1!:ct with intcntlo bc Icgally bound hcrcby, has hcreunto signed lInd sealed thcse presents this 12.::: ~ay of (:;) cJ..t,~ . 1997, WITNESS ~~ 7 L-J}'W BRADLEY, CHAMBERS By: J, ( Title: VI (IJ. ASSOCIATES, INC. 1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ~..,j14'h - SS: On this, the I r day of O~, 19.2 before me, the undersigned officer, pcrsonally appeared j,/v'1l'l' /}""("l ' who being sworn according to law, deposes and slates that he is ...rt>. ,P.... u.... of 1)1(0"(';: (l'"........... " 11-"...,..,...../ , ~> ,a Pennsylvania {....A.oo.n.... , known to me (or satlsfactonly proven) to be the person whose name is subscribed to lhe within instrument and acknowledged that he, being authorized to do so, executed the same for the purpose thcrein contained, and desires the same to be rccordcd as such, IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOlary Public r-.- -. - .-~J\J.II.I~ '3J_~d\ Puh\iC Milte 6. ;omll": N~~~hUl11y t1,'riibUl1l'~:~f.. May 21. 1998 My commlSSiOll ,,,L_ ~--- ~.....'''---' (SEAL) Waiver of Liens - Construction Administration/Design/PennHOMES Project: Roth Village (0-546) Page 3 of 3 Lqad Description ALL that certain lot or tract of land situate in Hampden Township, Cumberland County, Pennsylvania, more fully hounded and described as follows: BEGINNING at a concrete monument (found) on the southern right of way line of Roth Lane (50 foot right of way) and line of lands N/F of Louis and Darlene R. Zelazny; thence by said right of way line South 72 degrees 27 minutes 14 seconds East 289,87 feet to a point; lhcnce by same on a curve to the lell having a radius of 425.00 feet, an arc length of 10\.38 feet to a point; thence by same South 86 degrees 07 minutes 17 seconds East 269,95 feet to an iron pin (found); thence by line of lands N/F of Franklin R. and Joyce Roth South 53 degrees 34 minutes 49 seconds West 299,38 feet to an iron pin (found); thence by same South 33 degrees 45 minutes 10 seconds East 216.63 feet to an iron pin (found); thence by line of lands NIF of Michael A, and Sharon E, Askins, John R. and Janice C. Taylor and Fogarty and Molinari Associates South 53 degrees 31 minutes 15 seconds West 496.28 feet to a point in Sears Run; thence along line of lands N/F Eugene R. Deimler North 41 degrees 34 minutes 42 seconds West 550.00 feet to a point; thence along line of lands NIF of Louis and Darlene R, Zelazny, and a privale access road North 43 degrees 24 minutes 45 seconds East 113,95 feet to a point; thence by same North 49 degrees 46 minutes 14 seconds East 245.91 feet to a poinl; thence by same and crossing said private access road North 12 degrees 02 minutes 46 seconds West 127,15 feet to a concrete monument, being the point and place of BEGINNING, Said property containing 8,02 acres, Being the tolallract as shown on the Existing Topographic and Boundary Survey Plan (Sheet I of 8) for Roth Village Townhomes, prepared by Herbert, Rowland & Grubic, Inc. dated June 19, 1997 with revisions, "