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HomeMy WebLinkAbout97-06088 AGREEMENT AND WAVIER OF LIENS (for Contractor) KNOW ALL MEN BY Tm:SE PRESENTS, THAT: WHEREAS, QUANDEL GROUP, INC., ("Contractor"), has enlered into a construction conlractto supply labor and materials under date of /(j - J..7. ~ 1 , (as the . same may be amended from time to time, the "Agreemenl") with SZELES REAL ESTATE DEVELOPMENT COMPANY, a Pennsylvania general partnership ("Owner"), owner oflhe real estale located in Lower Allen Township, Cumberland County, Pennsylvania, as is more particularly described in Exhibit "A" attached hereto ("Premises"), for certain work (as described in the Agreement) with respect to the erection and construction of a three-story office building, parking areas, and access ways ("Improvements") located on the Premises; and WHEREAS, it is Ihe intention of Owner and Contractor that (a) neither the Premises, the estate or title of Owner in Ihe Premises, the Improvements, erected or to be erected thereon, nor the curtilage or curtilages appurtenanlthereto (all of the aforesaid hereinafter referred to as the "Project") shall now or hereafter be subject to a lien of any kind for any debt or debts due by Owner to Contractor or for any debt or debts due by Owner or Conlractor to any subcontractor, materialmen, laborer or other party (Contractor and all other subcontractors. malerialmen, laborers and other parties are hereinafter individually and collectively referred to as the "Waiving Parties"), whether such debt or debts be for contracts or subcontracts executed or for materials, labor, work, superintendence, goods or services fumished or supplied in connection with the erection and construction of the Improvements; and (b) Ihe right of anyone, including all Waiving Parties, 10 claim any such lien be waive hereby; NOW, THEREFORE, Contractor, intending to be legally bound hereby. in consideration of the sum of One Dollar ($1,00) to Contractor in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration of the entry by Owner into the Agreement and for the benefit of Owner docs hereby, for Contractor and any and all of the other Waiving Parties, expressly waive and relinquish all righlto file a mechanics' lien, claim, or notice of intention to file any lien or claim and does covenant and agree that no mechanics' lien, C 'LWORKREAlAH0,2797D WPI> - I - claim. or intention to tile any lien or claim shall bc tiled or maintained by or in the name of Contractor or any of the other Waiving Panics against the Project, or any interest of Owner therein, for or on account of any work done or materials furnished under the Agreemenl or under any supplemental conlract, verbal or written. or contract for exlra work for or aboutlhe management. superintendence, erection, construction, alteration. repair and completion of the Project. or any part thereof, or preparation therefor. or any of them or otherwise, and all of the Waiving Parties (other than the Contractor) shall look to and hold Contractor personally liable for all contracts, subcontracts, materials furnished and work and labor done, so that Ihere shall bc no legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under the Agreement or under any supplemental contracts, verbal or written. or contracts for ex Ira work for or about the management, superintendence, erection, construction, alteration. repairs and completion of Ihe Project, or any part thereof. or preparations Iherefor, or any of them or otherwise, THIS AGREEMENT waiving the right of lien shall be an independent covenant. In order to give Owner full power and authorily to protect the Projecl against any and all mechanics' liens, claims, or intentions to tile liens or claims tiled by any of the Waiving Parties or in violation of this Agreement, Contractor, for Contractor and all other Waiving Parties hereby irrevocably authorizes and empowers any attorney of any Coun of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any other court or jurisdiction there or elsewhere. to appear in any said courts or jurisdiction for Contractor, and all Waiving Parties, or any of them. as many limes and as often as Owner deems necessary, and to mark satistied of record, at the cosl and expense of Contractor, or any such subcontractor, materialmen, laborer or other party, 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 lenn and number or place in which this Agreement and Waiver shall have been tiled shall be a sufficient exhibit of the authority herein contained to warrant such action; and Conlractor, for Contractor lUld all Waiving Parties, does hereby remise. release and quit-claim unto Owner, Owner's successors and assigns, and their certain attorney or attorneys, any and all manner of error and errors, defects and imperfections whatsoever in entering such satisfaction or any wise touching or roncerning the same, AND FURTHER in Ihe event any claim or claims, lien or liens, or intention or intentions to tile a lien or claim is tiled by or for the Waiving Parties or any of them, or in his. its or their name againstlhe Project, Contractor shall indemnify and hold Owner hannless therefrom and from all costs, claims, demands, and expenses. including attomey's fees of Owner incurred or paid by Owner with respeclto such claim or claims, lien or liens. or intention or intentions to tile CI.WORK'RE^l'G1014~1n WPU -2- EXHIBIT A ALL THAT piece of property situale in Lower Allen Township, CumberllUld County, Commonwealth of Pennsylvania, being Lol/1C-2 (Preliminary Plan Lot /120) shown in Final Subdivision Plan of Tracl "C" (Lol/1C.2) of a portion of "Rossmoyne Industrial Park", prepared 17 November 1987 and revised 17 December 1987 by J, Michael Brill Associates.lnc,. Consulting Engineers for Smith Land & Improvement Corporation. the Plan being recorded i 4 June 1988 in the Office of the Recorder of Deeds in and for CumberllUld County, Pennsylvania, in Plan Book 55. Page 102, said Lot bounded and described as follows: BEGINNING at a point on the soulhem right-of-way line of "Louise Drive" (a 60 foot right-of-way), said point being located and referenced in a southwesterly direction from the centerline intersection of "Riuer Road" and "Louise Drive", the following three (3) courses and distances: (l) from said inlersection along the centerline of "Louise Drive" along an arc of a curve, curving to the left, having a radius of 1780,14 feet and an arc length of 145,70 feet to a point; (2) thence along the same South 51 degrees 50 minutes 23 seconds West a distance of 635.11 feet to a point; (3) thence South 38 degrees 09 minutes 37 seconds East a distance of 30,00 feet to a point on the southern righl-of-way line of "Louise Drive" to the point of beginning; thence from said poinl of beginning, along other lands now or fonnerly of Smith Land " Improvemenl Corporation South 38 degrees 09 minutes 37 seconds East a distance of 460,00 feet to a point; thence along lands now or late of Daniel Ritter and being Ihe southern side of a 150 fool buffer zone South 51 degrees 50 minutes 23 seconds West a distance of 530,00 feet to a point; thence along other lands now or formerly of Smith Land & Improvement Corporation Nonh 38 degrees 09 minutes 37 seconds West a distance of 460,00 feet to a point on the southern right-of-way line of "Louise Drive"; thence along the southern right-of-way line of "Louisl: Drive" North 51 degrees 50 minutes 23 seconds East a distance of 530,00 feet to a point, the place of BEGINNING, Said tracl contains 243,800,00 square feet or 5,5969 acres, BEING the same premises which Degellnvestment Company, a Pennsylvania general partnership, by its deed dated September 18, 1995, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Deed Book 128, Page 702, granted and conveyed unto Szeles Real Estate Development Company, Owner, C 'L WORK' REAL',Q 1024978. 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