HomeMy WebLinkAbout97-06392
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COURT OF COMMON PLEAH OF
CUMBERl.AND COUNTY, I'ENNBYI.V ANIA
___01'1997. Cdfi',j /l'1,!/J
AGREEl\1ICNT ANI> WAIVElt OF MECIIANICS' LIENS
(For Contractor)
To be Indexed against:
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(I)
'7'~i7':L l~i~l?' jJ,A Jrr:.0-,',JI.) l<I-;:,vc..
IlII Contractor for' Index purposes, Plaintiff'
v.
I, Szeles Real Estllte Development Complln)',
IlII Owner for Index purposes, Defendant
and
(2)
Szeles Relll Estate Development Compllny,
as Owner for index purposes, Plnlntiff
v.
,?~i T'Z. 'Fil2lJlfJMrf:h:..r,dJ,v (,(J ;~G
IlII Contrllc'tor for index purposes, Defendant
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c:\i. WORK',RI!AL\O '01797A,WPP
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AGlU:EMENT ANI) WAVIElt OIr LIENS
(for Contractor)
KNOW ALL MEN I,JY TllESEllltESENTS, THAT:
WllElmA~, ~'~~^\~\J>',~" ("Contrll~to "), hIlS enter~d .
Into a construction I!ontractto supply labor and materials under date of l ~.
(as the Slll1le may be amended from time to time, the "Agreement") with SZELES -AL
ESTATE DEVELOPMENT COMPANY, a Pennsylvania general pW1nership ("Owner"), owner
of the real estate located in Lower Allen Township, Cumberland County, Pennsylvania, IlS is
more pnrticulurly described in Exhibit" A" attnched hereto ("Premises"), for certain work (1lS
described in the Agreement) with respect to the erection and construction of a three-story office
building, parking urellS. and access ways ("Improvements") focated on the Premises; and
WHEREAS, it is the intention of Owner and Contractor that (a) neither the Premises, the
estnte or title of Owner in the Premises, the Improvements, erected or to be erected thereon, nor
the curtilage or curtilages appurtenant thereto (all of the nforesald hereinafter referred to as the
"Project") shall now or hereal\er be subject to a lien of any kind for any debt or debts due by
Owner to Contmctor or for any debt or debts due by Owner or Contractor to any subcontructor,
materialmen. laborer or other party (Contmctor and all other subcontractors, materialmen,
laborers and other parties are hereinafter individually and collectively referred to IlS the "Waiving
Parties"), whether such debt or debts be for contracts or subcontracts executed or for materials,
labor. work, superintendence, goods or services furnished or supplied In connection with the
erection and construction of the Improvements; and (b) the right of anyone. including all .
Waiving Parties. to claim any such lien be waive hereby;
NOW, THEREFORE. Contractor, intending to be legally bound hereby, in
considemtion of the sum of One Dollur ($1.00) to Contractor in hand paid, the receipt of which is
hereby acknowledged, as wellllS for and in consideration of the cntry by Owner into the
Agreement and for the benent of Owner does hereby, for Contractor and any and all of the other
Waiving Parties, expressly waive and relinquish all right to file a mechanics' lien. claim. or
nolice of intention to me any lien or claim and does covenant and agree that no mechanics' lien,
('II.WORK I\EAI.IUlll1797A WPIl
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dulm. or Intcntlontu I1Ic uny IIcnllJ' clulm ~hull bc I1Icd Ul' JIlulntlllncd by 11I'lnthc nUJllC Ill'
Contrnctor or uny ofthc uthcr Wulvlng Pnrtlcs ngllhlstthc l'mJcct, or uny hllcl'estofOwner
thcrein, fur ur unuccuuntuf uny work done ur mutel'luls furnl~hed undel' thc Agreemcnlul' under
nny ~upplemenlul conlruet, vcl'bulor wrlttcn, or COntruct Jill' e~tl'll work fur or uboulthe
Jl1unugcJl1cnt, ~upcrlntendencc, crectlun, cunstructiun, nlterutlun, rcpnlr und complctlunuf the
Project, ur uny purtthcreuf, or prcpllrntlunthercfor, ur UllY of thelnur uthcrwlse, und ulluflhe
Wuiving Purtic~ (uthcr thunthe (\lJltructor) shullluuk to und hold CUntrnctor persunully lIuble
for [III cuntrncts, ~ubcontrncts, muteriuls Itlrnlshcd und work nnd lubor done, so thutthere shull be
no Icgnlur luwful clulm of uny kind whut~ucver ugulnst OWller 1'01' UIlY wurk dUlle ur lubor ur
materiuls furni~hed.under the Agreelnentur under uny ~upplemcntul cOllU'ucts, verbul or written,
or contl'Ucts for extru work 1'01' or uboutthe lTIunagement, superintendence, erection, construction,
alteration, repulrs und completion of the Project, or any partthcrcof, or prcpurallons therefor, or
any of them or otherwise.
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TillS AGREEMENT waiving lhe right of lien shall bc anlndependellt covenant. In
order to givc Owner full power and authority to protect the ProJcct against any and all mechanics'
liens. claims, or intentions to me liens or claims filed by any of the Waiving Partics or In
violation of this Agreement, Contractor, 1'01' Contractor and all othcr Waiving Parties hereby
irrevocably authorizes and empowers any allomey of any Court of Common Pleas of the
Commonwealth of Pennsylvania or any attorney of any othcr court or Jurisdiction there or
elsewhere, to appear in any said courts or jurisdiction lor Contractor, and all Waiving Parties, or
any of them, as many times and as often as Owner deems neccSSary, and to mark satisfied of
record. at the cost and expense of Contractor, or nny such subcontractor, materialmen, laborer or
other party, or any part thereof, nnd, for such act or acts this shall be a good and sufficient
warrnnt and authority, and a reference to the Court term und number or place in which this
Agreement nnd Waiver shall have been filed shall be a sufficient exhibit of the authority herein
contained to warrant such actio~; nnd Contractor, for Contractor nnd all Waiving Parties, does
hereby remise, release nnd quit-claim unto Owner, Owner's successors and assigns, and their
certain attorney or uttomeys, any and all manner of crror and errors, defects and imperfections
whatsoever in entering such satisfaction or any wise touching or conccming thc same.
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AND FURTHER in thc evcnt 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 ugainstthe Project. Contractor shall indemnify and hold Owner harmless therefrom and
from all costs. claims, demands. and expenses, including allomey's fees of Owner incurred or
paid by Owner with respect to such claim or claims, lien or liens, or Intention or intentions to file
C:\(' \"'OltKIU\AI.\(J IO].ltJ7 A. WI'D
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ullen or c1ullllund the dl~pute, deren~e or relJlovulthereor by Owner or olhel'wl~e.
Thi~ Allreemelltund Wulver I~ Illude und Imended to be llIed wllh the !'rothonolury or the
Court OrC0ll11ll0n Pleu~ orCulJlberlulld County/the county in which thc l'roJcctl~ sltuatc, In
uccordance with the requlrell1cnts of Section 402 oflhe Mechunic~' Lien Lnw or 1963 (49 Pn.C.S.
,
Section 1402).
Allor the forellolnll wulver provi~lons und remedle~ herein conlnined shull be uvnllnble to
und for the proleetion or Owner, Owner's sueee~sors nnd asslllns, uny pre~cnt or future mortgage
lender to Owner, und uny title ,Insurunce com puny Insurll1ll tltlc 10 the Premises. .
IN WITNESS WHEREOF, tbese prescnts hnve bcen duly executed this 1'2/1-
day of N()(),' , 1997.
A TrEST/WITNESS:
. ttJl.b. ~.
By; ~y.,.~11lJ
c;Z~e
NtI1'i1e: ~O}.) r.,. ~
Tille: '"1't\~
[SEA),]
Name:
Title: 1'~.
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C,II. WORKIRP.AL'.O I02497A, WPD
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EXIIlllll' ^
ALL THAT piece of' properly ~ltllute In Lower Allen Town~hlp, Cumberlund County,
Commonweulth of' I'enn~ylvunlu, hell1l~ Lot11C-2 (I'rellmlnury I'lun Lot 1/20) shown In Flnul
Subdlvl~lonl'lun ofTrnet"C" (Lotl/C-2) of'll portion of'''Ro~~moyne Jndu~trllll Purk", prepllred
17 Novcmbet. 1987 und revl~ed 17 December 1987 by J. Michael Brill ^~~oelllte~, Inc"
Consulting I.!nglneer~ lor Smith L.und & Improvement Corporutlon, the I'lun being recorded 14
June 1988 In the Omce of the Recorder of Deeds In und for Cumberlllnd County, I'enn~ylvunlll,
In Pllln Book 55, puge 102, suld Lot bounded und de~crlbl~d u~ Ibllow~:
BEGINNING lltll point on the ~outhcrn rlght-of'-wuy line of' "L.oulse Drive" (a60 foot
right-of-way), said 'Point being locuted und rcferenced In a southwesterly direction from the
centerline Intersection of "Ritter Roud" (1I1d "Lolli~e Drive",the following three (3) courses and
distances: (1) from suld Intersection ulong the centerline of "Louise Drive" along un arc ofa
curve, curving to the len, having u radius of 1780.14 feet und un 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 teet to a point; (3) thence South 38 degrees 09 minutes 37 seconds Eusta distunce of
30.00 feet to a point on the uouthern right-of-way line of "Louise Drive" to the point of
beginning; thence from said point of beginning, along other IWlds now or fonnerly of Smith Land
& Improvement Corporation South 38 degrees 09 minutes 37 seconds East a distance of 460,00
feet to a point; thence along lands now or lute of Duniel RilleI' and being the southern side of a
150 foot buffer zone South 51 degrees 50 minutes 23 seconds West a dlslunce of 530.00 feet to a
point; thence along other lands now or formerly of Smith Land & Improvement Corporation
North 38 degrees 09 minutes 37 seconds West a dlstunce 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 "Louise
Drive" North 51 degrees 50 minutes 23 seconds East a dlstunce of 530.00 feet to 0, point, the
place of BEGINNING. Said tract contains 243,800.00 square feet or 5,5969 acres.
BEING the same premises which Degellnvestment Company, a Pennsylvania general
pal"lnershlp, by Its deed dated September 18, 1995, and recorded in the Office of the Recorder of
Deeds in und for Cumberland County, Pennsylvunla, In Deed Book 128, Page 702, granted and
conveyed unto Szeles Real Estate Development Company, Owner.
C;\I. WORKIREAL\O I0l497A, WPD
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