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Home My WebLink About98-02643 No. q(S- ,'),{J/!J 01Uj ~IPULATION AGAINST LIEN~ The undersigned contractor furnishing services, labor and/or materials, known as The Austin Company, an Ohio corporation (the "Cont,ractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/lOO DOLL,AR ($1.00) to it in hand paid by THB PATRIOT-NEWS CO. ("Owner") the receipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen1s liens or claims shall be filed or maintained by it, them or any of them, against the real estate described in Schedule "A", attached hereto and made a part hereof, or against any buildings or other improvoment.s t.hereon (jointly and severally, the "Real Estate"), for or on account of any work to be done or materials furnished under the principal contract between Owner and Contractor, dated February 6, 1997, or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes all right. to file a mechanics' Hen, claim or notice of intention to file any lien or claim against. the Real Estate. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney (or it, them or any of them, in any such court and, in its or their name or names/ mark satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein as part of the record this waiver and for such act or acts this waiver shall be good and sufficient warrant and authority, and the undersigned for itself, and for them, does hereby remise, release and quit- claim all rights and all manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. Owner shall have the absolute right in his name or in the name of the undersigned or any other entity or person who shall have filed a claim or lien, to cause any and all such claims or liens to be discharged by any other instrument, pleading or proceeding permitted at law or in equity. ALL THAT CERTAIN lot or tract of land beIng situated along the west side of Patriot Drive, in Hampden Township, Cumberland County, Pennsylvania, said lot being shown as Lot No. 2 on a Final Subdivision Plan for Mt. Zion Office Park, Phase 1, dated August 21, 1997, and last revised February 26, 1998, as recorded on March 5, 1998 in Plan Book 76, Page 54, said lot being more particularly bounded and described as follows: BEGINNING at a point, located 1,323.80' from the center line of Mt. Zion Drive at a beadng of SOl,lth 090 41' 25" West and said point being the northern corner of the subject property and the southeast corner of the adjacent Mt. Zion EUB Church property as shown on the above-referenced Subdivision Plan; thence along lands of Harrison and Grass the following three (3) courses: (1) South 090 41' 25" West a distance of 150.00' to a poillt; (2) South 570 31' 46" East a distance of 329.46' to a point; (3) South 270 16' 48" East a distance of 100.00' to a point on the northern right-of-way line of Patriot Drive; thence along the western boundary of the Patriot Drive right-of-way the following four (4) courses and distances: (1) in an arc curving to the left with a radius of 60.00', an arc length of 133.66' and a 107.69' chord bearing South 010 OS' 45" East to a point; (2) in an arc curving to the right with a radius of 15.00', an arc length of 15.12' and a J.4.49' chord bearing South 360 01' 38" East to a point; (3) South 070 OB' 33" East a distance of 144.07' to a point; (4) in an arc curving to the left wi th a radius of 175.00', an arc length of 133.03' and a 129.B5' chord bearing South 280 55' 12" East to a point; thence along lands of Harrison and Grass the following two (2) courses: (1) South 390 08' 40" West a distance of 522.93' to a point; (2) South 650 10' 3'1" West a distance of 212.01' to a point; thence along lands of Eugene Deimler the following three (3) courses: (1) North 240 51' 37" West a distance of 245.46' to a point; (2) North 590 26' 14" West a distance of 219.29' to a point; (3) North B70 30' 31" West a distance of 114.32' to a point; thence along the eastern right- of-way of Interstate Route Bl the following three (3) courses: (1) North 020 27' 53" East a distance of 206.85' to a point; (2) North 050 08' 39" East a distance of 450.45' to a point; (3) Nor.th 020 31' 39" East a distance of 123.30' to a point; thence along lands of Mt. Zion EUB Church, North 710 01' 25" East a distance of 512.05' to a point, being the point of BEGINNING. CONTAINING an area of 768,799.53 square feet (17.65 acres, more or less) . BEING the same premises which Mt. Zion Associates L.P. by its deed dated April 8, 1998 and recorded April 9, 1198 in the Cumberland County Recorder of Deeds Office granted and conveyed unto The Patriot-News Co. Schedule "A" . . -..- .--- ,. TIlE AUSTIN COMPANY W.O. 97-3038 The Patriot-News Hampden TO\VJl.$h1p, PA ARTICLE U W AlVER OF LIENS The Subcontractor for itself, its subcontractors and suppliers, and all parties acting through Or under it here by covenants and agrees that no mechanics' lien claiDis or liens, Notices of Intention to Lien, "stop notices," or similar notices sheIl be filed or maintained by Subcontractor, its subcontractors, materialmen, vendors, or any party acting through or WIder them, against the premises upon which the Work Is to be performed, the buildings and improveJl!ents thereon, or the lots or ground appurtenant hereto, or any of them (hereafter referred to, jointly and severally, as the "Property"), for or on account of any work done or materials furnished by Subcontractor, its subcontractors, materialmen, vendors, or any of them under this Subcontract for, towards, in or about the erection and cODStluctlon on the Property. Subcontractor hereby expressly Waives and relinquishes the right to have, file, or maintain any mechanics' lien or claim, Notice of Intention to Lien, "stop order," or the Illce, against the Property, and agrees that this waiver of the right to lien shall be an independent covenant and shall operate and. be effective as well with respect to work and labor done and materials lIIld equipment t\unlshed under, whether oral or written, any supplemental contrac:t, change order, contract for eXlrll work, in the erection and construction on the Property as to work and labor done and equipment and materials fumlahed under this Subcontract. If any lien attaches to the Property by the acts or omissions of the Subcontractor, its subcontractors, materialmen, vendors, and anyone directly or indirectly employed by any of tbem, the Subcontractor shaH cause the immediate removal thereof. If approved by Austin, the Subcontractor may remove such lien by obtaining and filing, at Subcontractor's own expense, a bond, in fonn and amount, satisfactory to Austin an.cl in accordance with all applicable legal requirements. Said bond shall be obtained and filed within ten (10) days after the date on which such lien attaches to the Property. The Subcontractor shall indemnify and hold Austin, the owner, and the Owner's title company harmless from and against all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of or resulting from any liens which attach to the Property by the acts or omissions of the Subcontractor, its subcontractors, materialmen, vendors, and anyone directly or indirectly employed by any of them and by anyone for whose acts any ofthern may be liable. 4/15/98 PaBe I f r"" ;,r, ;0 t,; i:{-' C) ~-I'I .., ~., . ~_.". 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