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Home My WebLink About98-06859 tl11 ~sJ I( ;i{ L j) STII'(JI.ATION AGAI:"iST L1E:'\S / TillS A<illff.llf.\'! madc a, ollhi, I J day of Novclllhcr. 11)I)X. h) V SIJ.VElt SPIUNG TIIEATIU:S.I:'\Clhclcmalicrcallcd thc "Owncr",. and hctwccn ANIl MECIIANICSIILJIUi I>EVELOI'EltS. LLC (hereinalkr callcd the "Devdopcr"). I\NIl /nlE NOItWOOI) COMPANY. (hereinalier called the "Contractor"). ANIl KOIIL'S PENNSYLVANIA, INC. (her,'inaner called "Tenant") WHEREAS. the Developer has entered into a written agreemcnt with the Contractor for thc construction of building pad and shopping center improvemcnts on that parcel of land situated in Silver Spring Township. Cumberland County. Pennsylvania comlllonly known as Route II. Mechaniesburg, Pennsylvania and being more fully describcd on Schedule A. attached hcrcto and madc a part hereof. WHEREAS, the Owner has entered into a long term ground lease with Dcvclopcr for thc prcmises morc fully described on Schcdule A which leasc is evidcnced by a Mcmorandum of Lcase recordcd or to bc recorded on thc Cumberland County Land Rccords. WHEREAS, Dcvcloper has cntercd into a long term ground leasc with Tenant for the premises more fully described on Schedulc A which lease is cvidenccd by a Memorandum of Lcase recordcd or to bc rccorded on the Cumberland Court Land Rccords. WHEREAS. the Contractor has covenantcd. promised and agreed that no mcchanics' claims or licns should bc entered and filed against the said parecl of land. the buildings or any part thcrcof. or thc curtilage or curtilagcs appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Developer of said contract as aforesaid. as wcll as the further consideration of One Dollars ($1,00) to it paid at or bcfore the enscaling and delivcry of thcsc presents. the reecipt whcrcof is hcrcby acknowlcdgcd. docs hcrcby covenant. promise and agrcc that no mcchanics' licn or claim or other licn or claim of any kind whatsocver shall bc filcd against the said parcel orland. thc building or buildings or the curtilage or curtilages appurtenant thercto. by Contractor or by any sub-contractors. matcrialmcn. and laborcrs for work donc or matcrials lilrnishcd undcr said contract lilr and about thc construction of said building or buildings or any pml thcrcof. or on crcditthcrcof; and thc said Contractor. for itself and its sub- contractors and othcrs undcr it or thcm hcrcby cxprcssly waivc and rclinquish thc right to have. filc and maintain any mcchanics' licns or claims against said land. the building or curtilage; and '. I: ~\ IN WITNESS WI/EIIEUF. thc partics have causc thc Illfcgning Stipulation Againstl.icns tn bc executed as "rthe day and ycar first abow \\rillcn, ArrEST: cy;~ -/,:',,'1 ' Name: ,fA . 0vt.~.;t0u!_ :/1)",,-:1:-1, Name: OWNER: SILVER SPRING TIIEATIU-:S,INC. By:,,' .) /~/L~, / I -./ . 't.::>Go":o(~' ./ Its: l>(\(S I Wl Duly Authorizcd . ~' A TrEST: DEVELOPER: MECIIANICSBVRG DEVELO/'ERS, LLC . Name: By: Its: Name: Duly Authorized CONTRACTOR: THE NORWOOD COMPANY \ , . \ , Name: By: Its: i ~ Name: Duly Authorized , , 'I' !: .] ,\'" , I ' ~. TENANT: KOHL'S PENNSYLVANIA, INC Nwne: By: Its: Name: Duly Authorized i (I,l.. I" " .~;: \'<- ,h, I.", ~ l' ,~~ " NCl/lw: By: IN II'n:V/:'ss /J'II/:'REOF, the parties haw cause the foregoing Stipulation Against Liens to he executed as of the day and year first ahove wrillen. ArrEST: OWNER: SILVEH SI'HING THEATHES, INC, NClm~: Duly Authorized l r . Its: ATTEST: y~ NClm~: (oJ,(,',/ M. ~ < NClm~: uyne isenbuum unaging Member Duly Authorized CONTRACTOR: THE NORWOOD COMI'ANY 1 ,'I , NClme: By: Its: ~ NClme: Duly Authorized I" I r i .~: , ' TENANT: KOHL'S I'ENNSYLV ANIA, INC i NClme: By: i ~: NClme: Duly Authorized Its: .~ IN WIl'NI,,\'S Wlfl,Rl,Or, Iii" 1',11 Ii", Ii," L' L.I"'C' Iii" li>rcgoillg Slipulatioll Ag.lllhl I IL'II' 10 he executed as oflhc day alld ~t',1l Ii,....' ahll\l' \\fllll'n '..., \:t 'f t 1'1 , I II ! A/TEST: 1)\\:-'1,1< SII, \ L1( SI'IUNG TIJEATIU:S, INC By,.. n-:~.~/~ ,~~~_ ~::Sll~ ,/ - lis: t'., WI. I>uly Authorized j' ) I\^,/L ~'r......l.-_____ Nt/mc: ," ,/. . , ) It-. I) ) , (__Att,":{1 IL~. ~,,' ,.. I,"~ ,MI/ Nt/mc: . :' ATTEST: J DEVI-I.(ll'ER: i\IECIIANICSIlURG DEYELOI'EnS, LLC lv'ame: By:__,___ lis: i i I I I 1( J.. , I I . ! i Name: Duly Authorized CONTRACTOR: THE NORWOOD COMPANY Namc: By: lis: Namc: Duly Authorized TENANT: ,.. KOHL'S I'ENNSYLYANIA,INC LUL ~g:-~ C:-=-.l..~k R>-<-'(. ,BY: ~ T~ ~ '" D;;; ~:;:;::, APPROVED AJS APPROVED PEP t" ~! ('( 1;\IMONWb\1.11/ (lIPI',l\;:\SYI \'\,,\1,\ , J ',', ( '( 1\ iNTY OF I On this :.._~:'}dilY of NO\'Clllhl'l. IIJtJX. hl'l II Il' IIIl' lh~' lJndt.'rsigrll'd. pl'I<;{llIally i1pPl'dll.:d .._ _!...!.....i...-J.L~h. who al..:kno\\ h,:dgl.'d hl!~"t:'lI to hl' I ill' .'! --.1..1--'.1(_ of Silver Spllll~ Ihc,llrcs. .tnc. and that hc as sud, f\'<.(,.p' ,hc'I!'~ authorizcd so 10 do. cxccutc'd Ihc' li1rcgoing instrumcnt lilr thc purposcs thcrcin ClIlltal/lcd hy "~ning his namc, In Witncss Whcrcof. I hcrcunto sctmy hand, '_~:......:.t.~{J_u"" \---t.t, ( { Notary Pnblic ;Vly ('ommission Expircs: ,,'.:( t, f' // COMMONWEALTH OF PENNSYl.V..\NIAl ) ss,: COUNTY OF CUMBERLAND ) " On this :!c' day of Novcmbcr. 1998, beforc mc, thc undersi~cd, )'crsonally appcarcd "\CMW,PoJl\'\\<.;r, who acknowlcdgcd himself/hersclftoAJe the""=-'.[' /',,'" )l.:'L5 ofThc Norwood Company, and that he/she as such:--S".2 t/,.: ,,: he<" ,being authorized so to do. exccuted the foregoing instrument for thc purposes thcrcin contained by signing his/her name. ,~ :'; (n Witness WhcrcoC I hcrcunto sctmy hand. STATE OF CONNECTICUT) ) COUNTY OF HARTFORD ) \JWM-J) ->\~ Notary Public My Commission Expires: Not:':.:: ~>.);ll D.:1na L. S:.~:iI'J. i ;otary Public ",.,.,ti: \'Jllili:::lall T'''p.. Lt!high County '.~:I;:il:':'isslon E:/;"rE.'5 S'3~t. 18, 1c;0'"'! h ,_', '~"_;i:-.~.;"_l':""cC.::.t;moth~':,' SS.: On this day of Novcmber. 1998. bcforc mc. the undersigned, personally appearcd . who acknowledged himself/hcrself 10 be the ___ of Mechanicsburg Dcvelopcrs. LLC, and that hc as such . bcing authorizcd so to do, cxccuted thc I'orcgoing inslrumcnt for thc purposes thcrein containcd by signing his namc. In Witness Whereof. I hcreunlo set Ill)' hand, Commissioncr ofthc Supcrior Coun/Nolary Public My Commission Expircs: . Schedule ,\ - Land Description \,:J ;{, I I' ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland and State ofPennsylv:mia, more panicul:u-ly bounded and described as follows, to wit: BEGINNING at an iron pin on the southern line of State Highway Route #11, said pin being located at the extreme southeastern corneroflands now or late ofHden Belehas and on the northern line oflands now or late of Clyde King; thence North Twelve degrees Thirty-three minutes, Thirty seconds West (N 12 Degrees 33' 30" W), and along the eastern line oflands now or late of Helen Belehas, a distance of Eight Hundred and Forty (840) feet to an iron pin; thence South Eighty-nine degrees, Twenty-one minutes East (S 89 Degrees 21' E) and along other lands now or late of Ray Garver, et ux, a distance of Seven Hundred Eighty-nine and Ten-hundredths (789.10) Feet to an iron pin; thence South One degree no minutes East (S 01 Degree 00' E) and along other lands now or late of Ray Garver, et lL"<, a distance of Eight Hundred (800) Feet to an iron pin on the southern line of State Highway Route #1 I; thence along the southern line of State Highway Route #11 South Eighty-nine Degrees no minutes West (S 89 Degrees 00' W) and along lands now or late of Lester Jones and Clyde King, a distance of Six Hundred Twenty:md Seventy-one hundredths (620.71) Feet to an iron pin, the point and place of DEGINNIN'G. .~ CONTAINING Thirteen and Ten-hundredths (13.10) acres. BEING TIIE SAME PREMISES which Ray Garver and Margaret E. Garver, his wife, by their deed dated March 26, 1949, and recorded in the Office of the Recorder of Deeds for Cumberland County, in Book 14, Volume A, Page 586, granted and conveyed unto Silver Springs Theater, Inc. EXCEPTING TIIEREOUT AND THEREFROM the right, title and interest acquired by the Co=onwealth of Pennsylvania by condemnation as set forth in Deed Book K-22 page 437.