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Home My WebLink About98-04538 , :- .. SHIPPENSBURG UNIVERSITY FOUNDATION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Owner v. : NO.: 9P- 1/).31 (hf...O 'T.v-.- BRECHBILL & HELMAN CONSTRUCTION COMPANY, INC., Contractor : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this 5u, day of August, 1998, between Shippensburg University Foundation, with its offices in Shippensburg, Pennsylvania 17257 ("Owner") and Brechbill & Helman Construction Company, Inc., a Pennsylvania corporation, with its offices at 1115 Sheller Avenue, Chambersburg, Pennsylvania 17201 ("Contractor"). WHEREAS, Owner had previously retained Contractor to do site work on the Property hereinafter described as to which Owner and Contractor have previously filed a Waiver of Liens; and WHEREAS, by duly executed written agreement dated July 28, 1998 (the "Contract"), Owner has now retained Contractor to construct a new student dormatory building to consist of sixty-one (61) apartment style student residential units (the "Improvements") on a tract or parcel of land situate on North Earl Road in Shippensburg Township, Cumberland County, Pennsylvania, more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein (the "Property"); and WHEREAS, Contraetor agreed, as part of its proposal and contract dated July 28, 1988, to provide a Waiver of Liens to Owner, and Contractor acknowledges that it and all other contractors, subcontractors, suppliers and materialmen have been or will be paid in full for all invoices to date for the preliminary work on the Property; and WHEREAS, no notice to commence work or to commence limited work on the Improvements has yet been given to Contractor; and 234976./ j ,- WHEREAS, no work has commcnccd on the Propcrty and no labor or materials have been dclivered to the Propcrty or furnishcd for thc Improvements by Contractor or any subcontractor or matcrialmcn for which a rclcasc and/or proof of payment in full has yet to be given to the Contractor. NOW, THEREFORE, the Contraetor, for itself, its successors and assigns and anyone else acting or claiming through or under it, for and in consideration of the Work to be performed and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: 1. Waiver of Lien. Contractor hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of intention to file any lien or claim and does hereby covenant, promise and agree that no meel1anics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the estate or title of Owner in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or by or in the name of any subcontractor, materialmen or laborers for work done or materials furnished by Contractor or by any other party acting through or under it for and about the Property or any part thereof, or on eredit thereof, and that all subcontractors, materialmen, and laborers on the Improvement shall look to and hold Contractor liable for all subeontracts, materials furnished for and about the erection, construction and/or completion of the Improvement, or under any agreement and/or contract for extra work, or for work supplemental thereto, or otherwise. 2, Independent Covenant. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as to any work and labor done and materials furnished for the benefit of Owner, as well as with respect to work done and materials furnished under any supplemental agreement and/or contraet for extra work. I I I I I I I ! , 3. Power of Attornev. In order to give Owner full power and authority to protect itself, the property, the estate or title of Owner therein, and the appurtenances thereto, against any and all liens filed by Contractor .or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of the Court of Common Pleas of Cumberland County, Pennsylvania and any other County of the Commonwealth of Pennsylvania to (i) appear as attorney for it in any such court and, in its name or names, to the extent permitted 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 violation of the foregoing covenant, or (ii) cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument 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 reference to the court, term and number in which and where this Agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for itself and for them, hereby remises, releases and quit-claims all rights and all i I , 'I i I I I '- : ! ~ I j i I I .1 ".1..__, ALL those twO certain tracts of land together with the improvements erected and situated thereon situated in the Township of Shipp ens burg , County of Cumberland, State of Pennsylvania, bounded and described as follows, to wit: TRACT NO.1: BEGINNING at a point in the center of the road leading from Shipp ens burg to Middle Spring; thence North fifty-four (54) degrees forty-seven (47) minutes East, seventeen and eighteen hundredths (17.18) feet to the Eastern edge of the said road; thence by other land of Robert E. Bard et ux., North fifty-four (54) degrees forty-seven (47) minutes East, four hundred ninety-nine and twenty hundredths (499.20) feet to a stake; thence by same, South thirty-seven (37) degrees forty-siX (46) minutes East, three hundred seventeen and five tenths (317.5) feet to corner of land now or fot11ledy of Howard W. Lyons; thence by same, South fifty-four (54) degrees twelve (12) minutes West, two hundred eighty-two (282) feet to a point; thence by same, North thirty-seven (37) degrees forty-six (46) minutes West, two hundred ninety-seven and five tenths (297.5) feet to a point; thence South fifty-four (54) degrees forty-seven (47) minutes East, two hundred twenty-five (225) feet, more or less, to the Eastern edge of the aforesaid public road; thence South fifty-four (54) degrees forty-seven (47) minutes East, seventeen and eighteen hundredths (17.18) feet to the center of the aforesaid publie road; thence North nineteen (19) degrees five (OS) minutes West, twenty-one (21) feet, more or less, to the place of BEGINNING. BEING the same premises conveyed by Robert E. Bard and Pauline E. Bard, his wife, to Redmond S. Davis and Bertha P. Davis, his wife, by deed dated the 22nd day of April, 1955, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "J", Volume 16, Page 267. TRACT NO.2: BEGINNING at a point in the center of the Road leading from Shippensburg to Middle Spring at corner of other land of Redmond S. Davis et ux.; thence North fifty-four (54) degrees forty-seven (47) minutes East, seventeen and eighteen (17.18) hundredths feet to the Eastern edge of the aforesaid public road; thence by same, North fifty (50) degrees forty-seven (47) minutes East, two hundred twenty-five (225) feet to a point; thence by same, South thirty-seven (37) degrees forty-siX (46) minutes East, two hundred ninety-seven and five tenths (297.5) feet to land now or formerly of Howard W. Lyons; thence by same, South fifty-four (54) degrees twelve (12) minutes West, three hundred twenty-eight (328) feet, more or less, to the Eastern edge of the aforesaid public road; thence South fifty-four (54) degrees twelve (12) minutes West, seventeen and eighteen hundredths (17.18) feet to the center of the aforesaid public road; thence by the center of the aforesaid public road, North nineteen (19) degrees five (05) minutes West, three hundred thirty-eight and eighty-one hundredths (338.81) feet to the place of BEGINNING. BEING the same premises conveyed by Howard W. Lyons and Emma K. Lyons, his wife, to Redmond S. Davis and Bertha P. navis, his wife, by deed dated the 2nd day of October, 1957, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "C", Volume 18, Page 314. EXCEPTING AND RESERVING therefrom that portion of the above described premises which was condemned by the Commonwealth of Pennsylvania Department of Transportation for highway. purposes by virtue of a certain Declaration of Taking filed May 24, 1973, in the office of the Prothonotary in and for Cumberland County, Pennsylvania, and indexed to No. 85 September Term 1973, as the records therein more fully will appear and disclose. Exhibit "A" '5 <:i "- III , ~ Vj J i ~ .. "l.. (" \,., \-, ~ _ .::J .J .. -OJ. \"., r- ...., <-. .,. ~; u) ;;.-- .:'= ,...J ,- ..-;,.... u.'(,' .:~ , ~.-~i"::.', , " i,- .'- .:....... C,:r' ". " jl (:,~' ;J O(~ ...0 " f.'] UJV. , . , U:. .- C'.~ ,,' ;: t:- =1 ':'J [OJ ...:1: ;J Cl_ Lt. c:: . .~:.; 0 -') en 0