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HomeMy WebLinkAbout97-06009 ~ Nu. G7- uA_tj] ,VILO Project Name: Roth Village (0-546) WAIVER OF LIENS. SUPERVISING 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 STUART & LeFEVER ARCHITECTS, INC.., a Pennsylvania corporation with a principal place of business at 44 N. Christian Street, Lancaster, PA 17602, ("Architect"), relating to the 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 commence work on said housing project, for and in consideration of the making of the Agreement with Owner, Architect does hereby, for Architect 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 Owner and PENNSYLVANIA HOUSING FINANCE AGENCY that no mechanics' liens or claims shall be filed or maintained 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 under Architect, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against the real estate or buildings. Waiver of Liens - Construction Administration/Design/PennHOMES Project: Roth Village (0-546) Page I of 3 \ , 1 ~ This Waiver waiving the right of lien shall be in 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 planning, designing, rehabilitation and/or construction, construction contract administration, and completion of the housing project as to any work and labor done and materials furnished under the Agreement. In order to give Owner and PENNSYLVANIA HOUSING FINANCE AGENCY full power and autltority to protect the real estate and buildings against any and all mechanics' liens or claims filed by Architect or anyone acting or claiming for, through or under Architect or in violation of the Agreement or this Waiver, Architect, for itself 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, hereby 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 mechanical or electrical engineer, construction engineer or civil engineer, any and all claim or claims, lien or liens filed by or for Architect, in its or their namc against the real estate, buildings, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court, term and number or placc in which the Agreement and this Waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and Architect, for itself and all such partics, does hereby remise, release and quit-claim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each of their attorneys any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. The Agreement and this Waiver are made and intcndcd to be filed with the Prothonotary of the Court of Common Pleas of the County or other proper place in which the above-described lands are located. It is expressly understood that this Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of PENNSYLVANIA HOUSING FINANCE AGENCY and Owner of said premises. In the event Architect consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, 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 Liens - Construction AdministrationlDesignlPennHOMES Project: Roth Village (0-546) Page 2 of 3 IN WITNESS WHEREOF, 'J1tect With~~~gaIlY bound hereby, has hereunto signed and sealed these presents this day of ~JAJ9_. W74; ft/ ~ STUART & LeFEVER ARCHITECTS, INC. By: Title: '-- COMMONWEALTH OF PENNSYLVANIA : ~~r;2;- SS: COUNTY OF "- On this, the /7 day of OcIbW , 1997, before me, the undersigned officer, personally appeared <I- , who being sworn according to law, deposes and states that J he is ...... .......,,'!' ".n.A~ ~ J"'-'r ;;"(.c....~J,~~,...ol'). ~. , a Pennsylvania ,.",.~,. f-, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he, being authorized to do so, executed the same for the purpose therein contained, and desires the same to be recorded as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~ Notary Public . -- Notarial SaJI publIC Morc s. StnI\l1, NoIOlh..",y twr\lbUfg.Oaupt.'l... 21 ,. My CofMlia..... Expor.. -v . WtriIA .....oIMin 01..... ...-.p..~ (SEAL) Waiver of Liens . Construction Administration/DesignlPennHOMES Project: Roth Village (0-546) Page 3 of 3 , 1.~llll DescrIptIon ALL that certain lot or tract of land situate in Hampden Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a concrete monument (found) on the southern right of way line of Roth Lane (SO 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; thence by same on a curve to the left having a radius of 425.00 feet, an arc length of 101.38 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 oflands N/F of franklin R. and Joyce Roth South 53 degrees 34 minutes 49 seconds West 299.38 feet 10 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 N/F of Michael A. and Sharon E. Askins, John R. and Janice C. Taylor and Fogarty and Molinari Associates South 53 degrees 31 minutes IS seconds West 496.28 feet 10 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 !JOint; thence along line oflands N/F of Louis and Darlene R. Zelazny, and a private 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 point; 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 total tract 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. ,~ iF " , .3 ~ 'V -=t t- -c j ,.. 1 c: 0 e J \.() it c<I _. .9 fa 8 (j ~ ~ 0 ~ ;l ~ <:L <i iff ...J , t-- " "