HomeMy WebLinkAbout03-0238WAIVER OF MECHANIC'S LIENS
CONTP_ACTOR:
Gateway Construction, Inc.
5 Radam Street
P.O. Box 247
Summerdale, PA 17093
OWNER:
Hepfer's True Value
313 S. 10tn Street
Lemoyne, PA 17043
PROJECT:
Renovations
PREMISES:
WHEREAS, on January 10, 2003, Owner and Contractor entered
into an agreement for the above-referenced Project, which is
located on the parcel of property set fourth on Exhibit "A"
attached hereto (the "Premises"); and
WHEREAS, in consideration for the contract, Owner has
required Contractor to waive any claim which it has or may
acquire, on behalf of itself, its subcontractors, and suppliers,
with regard to the Project.
NOW THEREFORE, Contractor agrees as follows:
1)
Neither Contractor nor any of its subcontractors or
suppliers shall file any Mechanic's Lien against the Project
or against the Premises on account of the performance of any
labor or the furnishing of any materials with regard to the
Project.
2)
Contractor shall inform all subcontractors and material
suppliers with regard to the Project that Contractor has
waived any rights which they may have to file a lien against
the Project or the Premises.
3)
This agreement is an independent covenant, and shall operate
and be effective regardless of Owner's performance under the
contract. Furthermore, this Agreement shall extend to and
be effective with regard to any supplemental contract for
extra work to be performed relative to the Project.
In order to fully protect the Owner and the Premises against
any Mechanic's Lien claim which may be filed by Contractor
or its subcontractor or supplier in violation of the
covenants contained herein, Contractor, for itself, its
subcontractor, and suppliers, hereby irrevocably authorize
and empowers any attorney of any court of record in and for
the Commonwealth of Pennsylvania to appear for it, them, and
any of them in any of the Courts of Common Pleas of the
Commonwealth of Pennsylvania as Attorney for it, them or any
of them and, in the name of any claimant who files a lien
against the Project or the Premises, mark '~Satisfied" any
such lien at the cost and expense of the Contractor and of
any such Mechanic's Lien claimant. For such action, this
instrument or a true and correct copy hereof shall be
sufficient warrant. This warrant of attorney shall not be
exhausted by any single exercise, but may be re-exercised
from time-to-time at any time that a Mechanic's Lien has
been filed against the Project or the Premises. By
furnishing labor or materials with respect to the Project,
each subcontractor and material suppler of Contractor is
expressly agreeing to the terms of this instrument an
authorizing the exercise of this warrant of attorney against
it.
Any legal fees, court costs, or other expenses incurred by
Owner with regard to a Mechanic's Lien filed by Contractor
or any of its subcontractors or suppliers, shall be payable
by Contractor to Owner upon demand.
IN WITNESS WHEREOF, Contractor, intending to be legally bound
hereby, has causes this instrument to be duly signed this
10th day of January, 2003.
Owner:
Contractor:
Gateway .C~st ruct ion,
Inc.
Name: Perry L. Smith
Title: President
\\Sbserver\dot~Word\Waivers\hepfers true value.doc
221-T-heed Irom Corporation to Individwl of Corp.
Honry H+il, Inc., Indian+. P+.
' ,
' MADE THE Sew^~ ~~*~ day of March in the year
of our Lord one thousand nine hundred eighty-six (1986) .
_ BETWEEN KONHAUS FARMS, INC., a Pennsylvania business
%•~~~~ corporation having its principal office in
Silver Spring Township, Cumberland County,
r~~ ~ Pennsylvania, party of the first part,
I~ hereinafter culled the Grantor
r ~ AND
ARTHUR KOUVELIS, an individual, of Camp Hill, ,
Pennsylvania, party of the second part, herein=
after called the Grantee ~ ~~ ~'--
i,
i .'•
. 1 ~ ~~
. ) ~ ., ~ m
i ~ r} ,.,~
~ ~' rn ca d
I iYITNESSETB, that the said Grantor ~'•'- ~ v
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.,.j -- rn o
for and in consideration of tlae aum of One Million Ten Thousand and NoJrU~ -*+
($1,010,000.00) Dollars r° ~ " n
! lawful money of the United States of America, unto it well an~~ul~p~i8"by
' the said Grantee ~ v -~*~
• at and before the sealing and delivery of >fkksse ~-~e~s,
tl:,e receipt whereof is hereby acknowledged, has granted, bargained,v3'old?alie~ced,
enfeo~ed, released and confirmed, and by these presents does grant, bargain, sell,
slien, enfeoff, release and confirm unto the said Grantee, l:is hairs
' and assigns,
• ., ALL that certain piece or parcel of land situated in the Borough
of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, .
together with the improvements erected thereon, more particularly
` ~ bounded and described as follows: '
f BEGINNING at a point on the southwestern legal right-of-way line
of•Tenth Street (60-feet wide) at the line of lands now or formerly
of Alfred M. Leo; thence along along said southwestern legal right-of-
way line of Tenth Street, South 44 degrees 49 minutes East, a distance
of 468.58 feet to a railroad spike at line of lands now or formerly of
the Borough of Lemoyne (or its Municipal Authority); thence along
' said lands now or formerly of the Boirough :of Lemoyne (or its Municipal
Authority), the following two courses and distances: (1) South 44
degrees 59 minutes West, a distance of 89 feet to a railroad spike;
and (2) South 88 degrees 8 minutes West, a distance of 472.84 feet to
a point on the northern line of Columbus Street at lands now or
formerly of Rosewein Corporation; thence along said lands now or
formerly of Rosewein Corporation, North 4 degrees 41 minutes West, a
distance of 265.52 feet to a points thence along lands now or formerly
of Alfred M. Leo the following two (2) courses and distances: (1) North
61 degrees 21 minutes East, a distance of 140.88 feet to a point, and
(2) North 55 degrees 47 minutes East, a distance of 125 feet to a
. point on the southwestern side of Tenth Street. first mentioned above,
• the place of BEGT_Nri?NG.
' BEING the same premises which Arthur S. Kuhn and Nancy Lee Fodor,
1 joined by their •respective spouses, by deed dated May l0, 1978, and
:, recorded in the Office of the Recorder of Deeds in and for Cumberland
`~,~.~J County, Pennsylvania, in Deed Book "O", Volume 26, Page 657, granted
and conveyed unto Konhaus Farms,Inc., the Grantor herein.
• rEG; .r! ref G SY.-..THE
{ BGkG:fGN OF LEPrfOYfrE, Prt
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~~ ~ 19
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8oox ~31 PACE 533
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TOGETHER with all and singular
ways, waters, water~aourses, rights, Iibert~es, privileges,
hereditcLments omd appurtenances whatsoever thereunto belonging, or in anywise appertaining, and
the reversions, and remainders, rents, issues and prothe Gran~tord all the estate, right, title,
interest, property, claim and demand whatsoever, of
in law, equity, or otherurise howsoever, of, in and to the same and even/ dart thereof,
~~ ~~
TO HAVE AND TO HOLD the said piece or parcel. of land,
hereditaments and premises hereby granted or
mentioned and intended so. to be with the appurtenances,
unto the said Grantee, his heirs and assigns, to and for the only
proper use and belwof of the said Grantee, his heirs
and assigns foreper. .
L~°' ~•~'
School Dist. Cumb. Co., Pa.
~% R~e1 Ert.t• Tr~nttor Ta:
T -7 "~6 ~o~o •~
Daf• ! .. Amt. •~
,8~= --- ti~~~ .
Cumb. Co. Dist. 0.1. M1k-/45
eorouyh o/ t7...~.~ /""~ ..
Cumb. Co., •Pa.'••
.1-7G Real Ertah 7ran:lar 7r~C
Daf :3..~. ~ Amt Q..S
Cumb. Co, Dirt. CoL Aqt.~
AND the said graoitor hereby covenants and agrees that it will warrant
specially the property hereby conveyed.
~:,.
~,~•.~~
i
•
•,
. IN WITNESS WHEREOF, the said Grantor, KONHAUS FARMS, INC. ,
has caused this Indenture to be signed
in its corporate name by tits President, and has caused to be aQlxed hereunto the common and cor-
porate seal of the said corporation, attested by its Secretary, the day and year first above written.
KONHAUS FARMS, INC.
President.
•~
{ .
BOOK ~ 3~ PAGE 53S
i
Sf~.te of Pennsylvania
• sa.
County of Cumberland ~ -
On this, the 7 ~ day of March , 19 86 ,before me,
• a Notary Publie
the undersigned o,~cer, personally appeared Paul S. Konhaus
'. .who acknowledged himself to be the President of KONHAU3 P_APS4S, I;`IC.
•-~a.corp ration, and that he as such President ,being authgai.,~cd;to:do'so,
execut~d the foregoing instrument for the purposes therein contained by signin(j y~~.e~'riamr.~e.bF'the••
corporation by himself as President. .,~f`' _ ~•.~~
.:r ~ ,, .
=,_ , ,
Xn witness whereof, I hereunto set my hand and o~iciccl se/a~l. :.~ ; , .
USA A KI:HBAUGH, Notary PuDlk
~......~~Eyg,¢,µ.n,csfi +mlwtlx+d.Gon-F+.-^' •.•:-::-:^ •••-~.
. ~ My CommluTon Expires April 6,T1~ of O,~cer.
CERTIFICATE OF RESXDENCE
~..,,~ _ do• heresy car tfy that the precise residence and co3npiete post office address
of the within named grantee is 237.7 u(.a.7~s.1~ ~ ~`'~ /~-Q ~~- f 70I l
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`.. •~.; -, ~ x,1'1,: ~S'•,; .._.....~._
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`~~4 s ~ •Y , • ~i ;~:,~.. D. 13g~_; in the Recorder'so~$a"c~e of Said County, in Deed Book I
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eoox .~ 3i PACE 53S
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