HomeMy WebLinkAbout98-02408
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ME(]JAN-K~~ LIEN ~A!.YER
Cumhcrlllnd County, Pcnnsylvllnlll
April 22, 1998
OWNER:
Camp IIill Shopping Centcr Assot:iatcs, a Pcnnsylvllnill gcncl'lll
partncrship
TENANT:
Boswv's Dcpartmt:nt Storc, Int:" a Pcnnsylvllnia wrporation
CONTRACTOR: Jonathan Nclson, trading as Synt:rgy Construt:tion Group
CONTRACT:
AlA f)ot:umcnt A 10 1-1997 Standard Form of Agrt:cmcnt Between Owner
lInd Contrat:tor (whert: the basis of paymcnt is a ST/PULATED SliM)
datcd March 30, 1998 bctwcen Contrat:tor and Retail Development and
Construt:tion, Inc,
PROJECT:
Mcdmnklll, Elct:trkal & Plumbing Additions and Renovations to Tenant's
existing storc in a portion of thc premises known as thc Camp Hill
Shopping Center. The shopping t:enter is described by mctes and bounds
on Exhibit "A" hereto,
1, Contractor herehy stipulates and agrees that for payment of Ten Dollars
($10,00) and other good and valuable considcration, the rcceiptllnd suffkiency of which is
hereby acknowlcdged, neither Contractor nor any suhcolllractor 01' suheontractor or material-
man, nor any other pcrson furnishing lahor or materials to any of thcm shall file a lien,
commonly called a mechanic's lien, for work done or nHlterilil fUl'l1ished to the Project,
related improvements or any part thereof. Contractor warrants that no work has heen done
or no materials 01' services have hcen furnished in the perfclI'I11ance of the wntraet as of the
date hereof, and shaff not he donc until the earlier of ten (10) days hereafter, 01' upon receipt
of written notice from Tenant to commence work, .
2, This stipulation and agreemelll waiving the right of lien shaff he an Indepen-
dent covenant and shaff also operate and he effective with respect to work done and materials
furnished under any supplemental eontrat:t or arrangement for extra work in conncction wilh
alterations and related improvemellls at the Projcct.
3, In the event Contractor, any suhwllll'llctor, any suht:ontnlctor or matcrialman
files any mechanic's Ilcn or claim, cach herehy irrevol'ahly waives any right to jury trial in
any action to strike or disdmrge thc lien,
4, If the Contractor, any suh(;ontractor or any subcontrlll'tor or matcrialman files
a mechank's lien notwithstanding this waiver, Owner ()J' Tcnalll shaff have the right to
discharge thc lien hy appropriate legal procl'edings, Tenant may retain out Of any payment
1 reimburse Owner or Tenant IIII' the pUYll1entthereof or any portion thereof und Contructor
2 shall Indemnify Tenant ulld Owner IIgainst expenses and losses resulting from such lien,
3 Such expenses and losses shull include any attorney's fees, surety bond premiums and other
4 costs incurred in uttempting to dischurge or rcmove such lien and any damages or other
5 losses resulting from such lien, all of which the Contractor agrees to pay. und losses shall be
6 paid to Owner upon demand, If any payment then due to the Contractor by Tenant is not
7 sufficient to reimburse and indmnnify Tenant and Owner, by way of off-set as aforesaid, the
8 Contractor agrecs to pay the amount of said difference to Tenant und Owner upon demand,
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10 5, Contractor warrants that no work has been done or no materials or services
II have been furnished In the performance of thc contract as of the date hereof, and shall not be
12 done until the earlier of ten (10) days hereafter, or notice to commence work,
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14 6, Contractor acknowledges receipt of notice that the work being performed by
15 ContractoI is For the immediate IIse and benefit of the Tenant, and is llQ1 for the immediate
16 use and benefit of the Owner.
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18 7, IN ORDER TO GIVE OWNER AND TENANT FULL POWER AND
19 AUTHORITY TO PROTECT THE PROJECT. RELATED IMPROVEMENTS OR ANY
20 PART THEREOF AGAINST ANY AND ALL CLAIMS OR LIENS FILED BY CON-
21 TRACTOR OR BY ANY SUBCONTRACTOR, SUBCONTRACTOR. MATERIALMAN,
22 LABORER. EMPLOYEE OR BY ANYONE ELSE ACTING UNDER OR THROUGH
23 CONTRACTOR IN VIOLATION OF THE FOREGOING COVENANT, AND FULLY
24 COMPREHENDING THE RELINQUISHMENTS OF CERTAIN RIGHTS, INCLUDING
25 RIGHTS OF PRE-JUDGMENT NOTICE AND HEARING, CONTRACTOR HEREBY
26 IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT
27 OF COMMON PLEAS OF THE COMMONWEALTH OF PENNSYLVANIA, IRRESPEC-
28 TIVE OF WHETHER A DEMAND HAS BEEN MADE OF CONTRACTOR THAT IT
29 CAUSE SUCH CLAIM OR LIEN TO BE REMOVED OR SATISFIED AT ITS EXPENSE,
30 TO APPEAR AS ATTORNEY FOR IT, THEM OR ANY OF THEM IN ANY SUCH
31 COURT AND IN ITS OR THEIR NAME OR NAMES, TO THE EXTENT PERMITTED
32 BY LAW, TO HAVE MARKED SATISFIED OF RECORD, AT THE COST AND
33 EXPENSE OF IT OR OF ANY OF THEM, ANY AND ALL LIEN OR LIENS FILED IN
34 VIOLATION OF THE FOREGOING COVENANT. OR TO CAUSE TO BE FILED AND
35 SERVED IN CONNECTION WITH SUCH LIEN OR LIENS OR ANY PLEADING OR
36 INSTRUMENT PREVIOUSLY FILED BY CONTRACTOR OR ANY OF THEM, TO
37 INCORPORATE THEREIN, AS PART OF THE RECORD THE WAIVER CONTAINED
38 IN THIS INSTRUMENT, AND FOR SUCH ACT OR ACTS THIS INSTRUMENT OR A
39 COPY OF THEREOF SHALL BE GOOD AND SUFFICIENT WARRANT AND AU-
40 THORlTY AND SHALL BE CONCLUSIVE EVIDENCE OF THE AUTHORITY HEREIN
41 CONTAINED TO WARRANT SUCH ACTION, CONTRACTOR, FOR ITSELF AND
42 FOR ANY SUBCONTRACTOR, SUBCONTRACTOR, MATERIALMAN, LABORER OR
43 EMPLOYEE, OR FOR ANYONE ELSE CLAIMING OR ACTING UNDER OR
44 THROUGH IT, DOES HEREBY REMISE, RELEASE AND QUITCLAIM ALL RIGHTS
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EXHIBIT "~
LEGAL DESCRIPTION OF THE SHOPPING CENTER
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PARCEL 11
ALL THAT tract.or parcel of ground situate in th~ Borough
of Camp Hill, Cumberland County" Pennsylvania, described in
according to a survey prepared by william B. Whittock,
Registered Engineer dated March 11, 1971, as followsl
BEGINNING at a point on the southerly side of Trindle Road
said point being situate South 65021' West 118.67 feet from the
center line of South 32nd street (L.R. 21070) 1 thence from said
point and place of beginning extending with and along the
westerly right of way line of South 32nd Street, the following
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three courses and distances 1 (1) South 40033' East 134.53
feetl (2) South 10.26' East 461.34 feetl and (3) South 11048'
East 870.92 feet to a point of intersection of the westerly
ri ght of way 1 lne of South 32nd Street wi th Ramp "H" thence
extending in a westerly direction (4) South 78012' West 1400
feet to a point marking the westerly line of right of way Ramp
"M" aforesaid; thence with and along the westerly right of way
line of said Ramp (5) in a southwesterly direction on a line
ourving to the right having a radius of 394', the aro distanoE!
of 368.21 feet to a point, thenoe continuing with the westerly
right of way line aforesaid (6) South 41044' West 262.0 feet to
a poi nt 1 thence leavi ng the ri ght of way 1 ine of Ramp "H"
aforesaid an1 ext~nding in a northwesterly direotion (7) North
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48016' W~st 230.0 feet to a point, thenc~ extending in a
southwesterly direction (8) South 49036' West 350.0 feet to a
point on the easterly line of land now or late of National Land
and Investment Co., thence extendi~g in a northwesterly
direction with and'along the dividing line of the National Land
and Investment Co. extending in a northwesterly direction (9)
North 24049' West 869.03 feet to a point, thence extonding in a
northeasterly direction (10) North 76012' East 206.25 feet to a
pointl thence extending in a northwesterly direction (11) North
11048 West 692.12 feet to a point, thence extending to a
soutwesterly direction (12) South 78012' West 150.67 feet to a
P::>int, thence extending (13) North 11"48' West 159.21 feet to a
point on the southerly right of way line of Trindle Road 40
feet from the center lille thereof, thence extending with and
along the southerly right of way line of Trindle Road aforesaid
(PA Route 641) extending in a northeasterly direction (14)
North 65021' East 938.16 feet to a point marking the place of
beginning.
PARCEL 21
ALL that certain tract of land situate partly in the
Borough of Camp Hill and partly in East Pennsboro Township,
Cumberland County, Pennsylvania, bounded and described in
accordance with draft of survey made by William B. Whittock,
Professional Engineer dated March 11, 1971, as revised April
14, 1971, as follows:
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BEGINNING at a point on the Northern Une of Ramp "H" at
corner of land of Mid-Island Properties, Inc., as described in
Deed recorded in the Reoorder's Offioe in Deed Book .U", Vol.
23, page 145; thence from said poi'ltat the place of beginrling
along the Northern 'Une of said Ramp "H", South 41 degrees 44
minutes West, II distanoe of Two Hundred Forty and one
one-H undredths (240.01) feet to a poi nt; thence s till along the
Northern line of Ramp "H", South 56 degrees 19 minutes 06
seconds West, a distance of Two Hundred Two and Fifty-five
Hundredths (202.55) feet to a point; thence extending Southwest
on arc of circle having radius of 364' arc distance of 7.30' to
a point; thence North 24 degrees 49 minutes West, a distance of
Two Hundred Forty-five (245) feet to a point at corner of land
of Mid-Island Properties, Inc. as described in said deed
recorded in the hereinafter mentioned Recorder's Office in Deed
Book nU", Vol. 23, page 145; thence along said line of land of
Mid-Island Properties, Inc., North 49 degrees 36 minutes East,
a distance of Two Hundred Thirty (230) feet to a point on the
Northern line of Ramp "H", at the place of BEGINNING.
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~RCEL 3:
ALL OR ANY PORTION OF THE FOLLOWING:
TRACT 1
ALL THAT CERTAIN tract of ground'sltuate in the Borough of
Camp Rill and Township of East Pennaboro, County of Cumberland
and Commonwealth of Penns yl vania" bounded and descr i bed
according to a Plan of 2 Tracts of Land for Camp H ill Plaza,
Ino., dated August 24, 1966 made by William B. Whittock, P.E.,
as follows, to wit:
BEGINNING at a point on the eastern right-of-way line of
November Drive (50 feet wide), said point being located and
referenced southwardly along same a distance of 1,596.56 feet
from t he southeast corner of Novembel' Dd ve and T rindle Road;
thenoe ~long the southern line of lot number 10, north 80
degrees 21 minutes east a distance of 197.83 feet to a point on
the line of land now or late of Camp Hill Shopping Center,
Inc.; thence along same south 24 degrees 19 minutes east a
distance of 306.22 feet to a point on the northern right-Of-way
line of Ramp "H" of Pennsylvania Route 767; thence along the
same on the arc of a curve curving to the right having a radius
of 364 feet an arc distance of 243.81 feet to a point on the
sarne, said curve having a chord bearing of south 76 degrees 06
minutes 36 seconds west and a distance of 239.275 feet; thence
along same South 5 degrees 18 minutes west a distance of 16
feet to a point on the on the Northern right-of-way line of
Pennsylvania Route 767; thence along the Northern right-Of-way
line of Pennsylvania Route 767 north 84 degrees 42 minutes
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west, a distance of 152.89 feet to a .poirit; thence along the
arc of a curve curving to the left having a radius of 2~0.79
feet, a distance of 95.43 feet to a point of tangent, said
curve having chord bearing of North 7 degrees 01 minutes 50
seconds west and aqdistance of 94.77 feet[ thence north 19
degrees 27 minutes 48 seconds west, a distance of 96.50 feet to
a point of curvature; thence along the arc of a curve curving
to the left having a radius of 25 feet, a distance of 35.83
feet to a point on the Southern right of way line of November
Drive, said curve having a chord bearing of north 60 degrees 31
minutes 25 seconds west and a distance of 31.86 feet; thence
along the same on the arc of a curve curving to the left having
a radius of 302.78 feet, a distance of 69.93 feet to a point of
compounp curvature; thence along the arc of a curve curving to
the left having a radius of 125 feet, a distance of 109.78 feet
to the point and place of beginning.
TRACT 2
ALL THAT CERTAIN tract of ground with the buildings and
improvements erected thereon situate in the Borough of Camp
Hill and Township of East Pennsboro, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described according
to a Plan of Sections 1, 2 and 3 Sweetbriar, dated June 11,
1966 made by William B. Whittock, P.E., as follows, to wit:
BEGINNING at a point on the eastern right-of-way line of
November Drive, said point being located and referenced
southwardly a distance of 508.20 feet from the southern line of
Trindle Road, Route '641; thence along land now or late of
Charles Adler & Son north 65 degrees 49 minutes east, a
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distance of 106.86 feet to a point, thence along land of the
Camp Hill Shopping Center, Inc. south 24 degrees 49 minutes
east, a distance of 1124.08 feet to a point, thence south 80
deguell 21 minutes west, a dist,anc, of 197.83 feet to a point
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on the southern right-of-way line of November Drivel thence
along the same on the arc of a curve curving to the right
having a radius of 125.0 feet, a distance of 109.78 feet to a
point, thence along the arc of a ~urve curving to the right
having a radius of 302.78 feet, a distance of 69.93 feet to a
point, thence along the arc of a curve curving to the right
having a radius of 25.0 feet, a distance of 35.83 feet to a
point of tangency, said curve having a chord bearing of south
60 degrees 31 minutes 25 seconds east and a distance of 31.86
feetl trence south 19 degrees 27 minutes 48 seconds east, a
distance of 96.50 feet to a point of curvature, thence along
the arc of a curve curving to the right having a radius of
220.79 feet, a distance of 95.43 feet to a point on the
northern right-of-way line of Route '767, said curve having a
chord bearing of south 7 degrees 01 minutes 50 seconds east and
a distance of 94.77 feet1 thence along the northern
right-of-way line of Route '767 north 84 degrees 42 minutes
west, ~ distance of 1010.78 feet to a pointl thence north 5
degrees 18 minutes east, a distance of 100.09 feet to a point
on the southern right-of-way line of April Drivel thence along
the same north 84 degrees 42 minutes west, a distance of 2.62
feet to a pointl thence north 5 degrees 18 minutes east, a
distance of 175.99 feet to a point; thence south 72 degrees 48
minutes west, a distance of 51.74 feet to a point, thence north
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36 degrees 44 minutes west, a distance of,l03.0 feet to a point
on the southern right-of-way line of September Drive, thenoe
.long the same south 53 degrees 16 minutes we~t, a distanoe ot
8.99 teet to a point, thence north 36 degrees 44 minutes west,
· distanoe of 162.95 feet to a point, thence north 51 degrees
40 minutes east, a distanoe of 216.67 feet to a point, thence
Ilong Section '2, Trindle Village, north 65 degrees 34 ,minutes
east, a distanoe of 490.0 feet to a point on the western
right-of-way line of May Drive, thence along the same north 24
degrees 26 minutes west, a distance of 54.77 feet to a point of
curvature, thence along the same on the aro of a curve curving
to the left having a radius of 55.23 feet, a distance of 34.80
feet to a point, thence north 29 degrees 28 minutes east, a
distance of 25.0 feet to a point, thence north 24 degrees 26
minutes west, a distance of 166.52 feet to a point, thence
along land of the Camp Hill Shopping Center, Inc. north 65
degrees 49 minutes east, a distance of 409.55 feet to a point
the place of Beginning.
Excepting therefrom and thereout from the above described
premises the following premises conveyed unto the Borough of'
Camp Hill for a sewer pumping station.
ALL THAT CERTAIN piece of parcel of ground situate in the
Borough of Camp Hill, Cumberland County, Pennsylvania and
described according to a oertain Plan of portion of "Sweet
Briar, Section II, Revised", made by William B. Whittock,
Registered Professional Engineer, dated November 9, 1965, as
follows, to wit:
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