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HomeMy WebLinkAbout97-06565 1~/l~{91 WED 13:10 FAI 717 231 6691 RIl'l.-ID S 8. 5 I :>0.\ I.LP Q] flll.:! n~'."OI'" ROUTE 114 ASSOCIATES, Owner : IN THE COURT OF COMMON PLEA: i : OF CUMBERLAND COUNTY, PENNHLVANIA . NO.: ,.". v. ql- lo5<.D5 JOHN W. GLEIM JR., INC. Contractor ; WAIVER OF LIENS i.. CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this If) ~Clay of )J~mbel.-/ . 19S7, between Route 114 Associates, a Pennsylvania general partnership, with its offices at 6570 C,lrlisle Pike, Mechanicsburg, Pennsylvania ("Owner') and John W. Gleim, Jr., Inc.. a PE nnsylvania corporation, With its oflices In 90 Slover Drive. Carlisle, Pennsylvania ("Contractor": WHEREAS, by a duly executed written agreement dated November 7,1997 (tM "Contract"), Owner and Contractor have contracted lor the installation, constr Jction and completion of streets. a storm water system and all matters pertaining :hereto inclucing but "ot Ij~lted to seeding. grading, and curbing all in accordance with the Ccntract (the "Improvements.') on the Property situate in Silver Spnng Township, Cumberland Ccunty, Pennsy,vania (the "Property"), said Property being more particularly cescribed In Exhii:;it "A" artached,ereto and by this reference incorporated herein; and ~ WHEREAS, no authorization has yet been given by Owner to Ccntractor to commence its work or purchase materials for same: and WHEREAS, no work has commenced on the Property and no labor: r materials rave been daUvered to the Property or lurnished for the Improvements by Centract:;r lr any sub- Gon:rac:or or "'aterlalma,.,. NOW, THEREFORE. the Contractor, for itself, its successors and alsigns ilnd ar.yone else acting or claiming through or under it, for and in consideration of the C"ntract and the considerations mentioned there:n. and intending to be legally :,ound hereby, dc,es hereby agree as f01l0w5: 1. Waiver 01 lien. Cortractor hereby waives and relinqUishes all Ights to 'I!e a xecr.anics' lien. clai~ or notice of intention to file any lien or claim and does hereby covenant. promise and agree that no mechanics' hen or claim or other lien or claim of any kind '{,hatllo.ver shall ee ~!ed or maintained against U..e !m~rovemen:s ~r tre estate or tlUe 01 OViner in the Prcpe!":'1 as described in Exhibit "A" or !he curtilage or curtilage!> appurtenant there.o, by or in the ,ame of Ccntractor or b'l or In the name 01 any subcon!ractor. matena/men or 1.lborers 'Or work Clone cr material!> furnished und"r :he contracl or by any cmer par!y acting throwgh or unear trem or any 01 them fcr and abc..t the /morOVeml!nlS ~r the Property or any p 1rt thereof, . -'f o,~; - i r, 1~'l2/91 WED lS:S9 FA! 111 231 dd9~ RHOADS ~ 51\0\ LLP ~ooz or on credit thereof, and that all subcontractors, materialmen, and laborers on the Nark l>hall look to Contractor for all subcontracts, materials furnished under the contract for and about the erection, construction snd completion of the Improvements, or under ar.y contract for t xtra work, or for work supplemental thereto, or otherwise. 2. Indeoendent Covenanl. This Agreement waiving the right of liE n shall be an independent covenant and shaH operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra worl< In the erection. construction and completion of the said Improvements and as to any work and iabor done and matenals fumished under the Contract. 3. Power of Atlome'l. In order to give owner full power and a Jthorlty to protect itself. the prope~y. tM ~state or title of owner therein, and the appurtenancl's therelo, against any and sllliens filed by Contractor or anyone acling under or through it in violation of the foregoing covenant, Contractor hereoy Irrevocably authorizes ana empowers ary attorney of any Court of Common Pleas of the Commonwealth of Pennsylvanta to (I) appear ,.s attorney for It, them or any of them. in any such Court, and in Its or their name or names, to the extent cermltted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman. any and all lien or liens, filed In violat:on of the foregoing covenant, or (iil cause to be filed and served in conneciion with s\.och lien or liens any pleading or :nstrument, or any amendment to any pleading or Instrurr.ent previously filed by It or them. and to incorporate therein, as part of the record, the waiver contained in this Instrument; and for such act or acts this instrument shall be good and sufficient warrant and authority A refewnce to the court, term and number In which and where this agreemer.t shall have been filed shell be conclusive evidef'ce of the author1ty herein to warrant such action, and Contractor, fcr itself and for them. hereby remises, releaseS and quit.clalrr.s all rights and all manner of eITo:'s, de(rCls and Imcerfectlons whatsoever in entering such satisfaction or In filing such pleading, instrument or amendment, or in any way COr1ceming them. In the event anyone acting lhroug" or under contractor shall so file a lien in ',iolation of the foregoing covenant, owner may not exercise its ngt'.ls under this Paragraph 3 unless such lien has not been stricken or discharged (bv payment. pcsllr,g of a bond or other means) for a !Jer.od of ten days after notica of such lien shall have been received by Contractor. 4. PubliC Notice This Agreement shall be filed in the Cumberland Counl:y ?rothonotar'l's Office as public notice hereof. L1/12'07 WED IJ:!I FAX 717 2Jl 6691 . . RHO.\DS " SI~O~ LLP IN WITNESS WHEREOF, the said parties, intending to be legally bOl'nd hereby, have cil\Jsed this Contractor's Waiver of Liens to be executed the day and year first above written ATTEST: OWNER ROUTE 114 ASSOCIATES By: Hallmark Building Comp.ny General Partner ,) . 1 (SEAL) ATTEST; By: Sun Investments, In~. Generai Partner By: ~/. , Klare S Sunder~a 1d President /!.~.~..rl: a llti:j.f . (Ass!.) S cretary (SEAL) ^tZrII ;:t~ (.Ass!.) Sol By: (SeAL) 'JJIlIq ... , " ,...." ~1/12.1 WED IJ:~1 FAX 717 2Jl dd91 RHO.\D5 & 51\0\ LLP ~005 Tract No 1 BEGINNING at a paint on the Eastern side of U.S. Route 114 and the Sout lern line of properly now or late of the Boy Scouts of America; thence along the Southern line 0: lands now or late of Boy Scouts of America, Inc., Norlh 66 degrees 22 minutes 41 seconds East a distance of 159.17 feet to a point; thence along same Norlh 07 degrees 22 minutes 41 seco lds East, a distance of a33.52 feet to a point; thence along lands now or late of Barba Hencll, North 27 degrees 42 minutes 12 seconds East, a distance of 838.57 feet to a point on the low Nater mark of the Conodogulnet Creek; thence along the low water mark of the Conodogulnet Creek, the following courses and distances: 1) South 59 degrees 36 minutes 22 seconds Eas:, a distance of 64.96 feet, 2) South 43 degrees 27 minutes 07 seconds East, a distance of 64.86 feet. 3) South 21 degrees 27 minutes 07 seconas East, a distance of 172.9,. feet, 4) South 33 degrees 17 minutes 08 seconds East, a distance of 191.71 feet, 5) South 42 aegrees 40 minutes 11 seconas East. a distance of 116.9:. feet, 6) South 25 degrees 15 minutes 57 seconds East, a distance of 164,Sf. feet, 7) South 28 degrees 03 minutes 26 seconds East. a distance of 273. n feet, 8) South 39 degrees 30 minutes 32 seconcs East. a dista"ce of 248.1(. feet, to a point en the northem line of lands of Lot #2, Sliver Sprl~g Ccrnmons, thence along same, South 70 degrees 59 minutes 50 seconds West, a distance of 327.60 feet to a pc'lnt; thence continuing along same, North 43 degrees 42 minutes 25 seconds West, a distance of 463.000 feet to a pCln!, thence continuing along same South 46 degrees 17 minutes 35 secrll1ds West. a distance of 25.94 feet to a po,nt: thence along a curve, curving to the left having a radius of 275.00 feet and an arc :ength at 236.97 feet to a point: thence along same South 03 degrees 04 minutes 45 seconds East, a distance of 386.22 feet to a poi"t on the Eastern rigrt-of-way of Sparling Green Drive: thence along the Eastern right-at-way of Sporting Green Drive by a curve, curving to the left with a radius of 45.00 feet and an arc length of 189.06 feet to a pc'int; thence by a curve, curving to the right with a radius of 25.00 feet and an arc length of 31.('3 feet to a point; thence by a curve. curving to the right, haVing a radius elf 275.00 feet and an arc lengtn of 136.26 feet; :hence by same South 40 degrees 56 minutes 48 seconds West. a distance of 50.25 feel; thence along same South 35 degrees 14 minutes 10 seconds West, a distance of 225.06 feet to a ooint; thence by a curle, curving to froe r'ght, having a [adlus of 270.110 feet and an arc length of 167.16 feet to a point; thence aiong same, South 73 deyrees 09 I ninutes 53 seco"ds West a distance of 116.67 feet to a point on the Western side of U.S. Iloute 114: thence alo"g the Eastern side of U.S. ROIJte 114, North 19 degrees 17 minutes ~O seconds West. a distance of 396.81 feet to a point, said POint being :l1e place cf BEGINNIN'3. CONTAINING 23.214 acres. BEING Lot 1 on a Final Limited Subdivision Plan of Silver Spring Center Limited Parlnership, recorded Noven'ber 20, 1 S91 in Plan Book 63 at Page 11 0 ("Subdivi5i~n Plan"). BEING part of the same premises which Silver Sprong Center limited Parnershlp, a Connec:l<;ut :'rr,ited part"ers,~ip, by its Deed dated November 25, 1991 ad recorded ill the Office EXHIBIT" A" .,.; 1!'I~,f7 WED 13:~~ FA\ 717 ~31 669j RHOAD'> ,~ 51,0, LLP of the Recorder of Deeds in and for Cumberland County In Deed Book "K", Vol. 35 Page 61 B granted snd conI/eyed unto Sporting Green Associates, Grantor herein. EXCEPTING AND RESERVING THEREFROM AND THEREOUT Ihe followi1g parcels: (1) ALL THAT CERTAIN tract or parcel of land located In Sliver Spnnll Township, Cumberland Counly, more particularly described in a Deed' 'om Sporting Green ASSOCiates, as Grantor, to Pizza Hut of Amenca, Inc.. as Grantee, dated April 14, 1994 and recorded April 19, 1994 in the Offlc~ of the Recorder of Deeds in and for Cumberland County In Book 104 at P 3ge 167, and being Lot #l-A on the Final Limited Resubdivision Plan of Lot #1, SilI/er Spring Common. prepared by Hartman & Associates, d:.led November 18. 1993, last revised February 10, 1994, in Plan Book 67 P 3ge 95. (2) All THAT CERTAIN tract or parcel of land located in Silver Sp'ing Township, Cumberland County, more particularly described In a Deed f'om Sporting Green Associates, as Grantor, 10 IBM Pennsylvania EmploY'3es Federal Credit Union, as Grantee. dated October 28, 19i14 and recorled in the Office of the Recorder of Deeds in and for Cumberland County in Book 114 at Palle 18. and being Lot #l-B on the Final Lim.ted Resubdlvlslon Plan of Lot #1, Silver Sprlng Common, prepared by Hartman 8. ASSOCiates, dated Juna 28, 1 994, last revised July 28, 1 f'94, recorded in the Office of the Recoreer of Deeds in and for Cumberllnd County In Plan Book 68 at Page 144 (3) ALL THAT CERTAIN lot or parcel of ground located in Silver Sp:-ing Township. Cumberland Countt, more particularly described in a Deed f'om Sporting Green Associates, as Grantor, to Silver Spring Center Um,ted Partnership, as Grantee, dated October 6, 1 992 and recorded in the Olnce 01 the Recorder of Deeds In and for Cumberland County in Book "X", 101. 35. Page 1026, and being Parcel B on the Final l:mited Resubdi'lir.lon Plan of lots # 1 and #2 for S,lver Spring Commons dated May 20, 1 ~ 92, prepared by Hartman 8. ASSOCiates. Inc. and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 65, Page 3, irac~ No 2 All THAT CERTAIN lot or parcel of ground located :n Silver Sprlng Township. Cumberland County, more particularly descnbed as Parcel A on the Final limited Re"ubdlvislon P!an of lots #1 and 1#2 for Silver Spring Commons dated May 20, 1992, prepared ty Hartman .3, Associates, Inc. and recorded in the Office of the Recorder of Deeds of CumberlMd County .n ?Ian Boo~ 65. Page 3. EXHIBIT "A" QJ UlJd It/U/01 liED 1.1:~3 F.H 111 2.)[ 6691 ~ Ii!I 001 RHO.IDS " .s [:-;(J.~ LLP CONTAINING 20.193.300 square feet. BEING the same premises which Sliver Spnng Center limited Partnership, a I;onnectlcut Limited PartnerShip, by its Deed dated September 10, 1992 and recorded in the (IMca 01 the Rl!lcorder of Deeds In and for Cumberland County in Book X, Vol. 35. Page 1031 "ranted and conveyed unto Sporting Green Associates, Grantor herein. ;,j i' ! , ~ i , l' i , ~ I EXHIBIT "A"