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HomeMy WebLinkAbout98-07215 I~ {!S:I11 j /.-I~D .. ,.'..... "~~';-~'~7,"';-1 .'.. ", "'.'.' . . "'. "" STIPULATION AGAINST LIENS THIS AGREEMENT made the Il(j{,. day of December 1998, by and between LOBAR ASSOCIATES, INC" hereinafter referred to as Contractor, SHIPPENSBURG MEDICAL REAL ESTATE ASSOCIATES, LLC, hereinafter referred to as Ground Lessee, and CARLISLE HOSPITAL AND HEALTH SERVICES, hereinafter referred to as Owner, whereby the former undertakes and agrees to erect and construct a medical office building on: ALL THAT CERTAIN tract or parcel of land situate in Shippensburg Township, County of Cumberland and Commonwealth of Pennsylvania, being Lot No, 18 on a subdivision plan for Wiliiam A, Swope, said plan being recorded in Plan Book 74, Page 99 in the Office of Recorder of Deeds of Cumberland County, Pennsylvania, said Lot being more fully bounded and described as follows: BEGINNING at an existing railroad spike, set in the centerline of State Route No, 0174, (Walnut Bottom Road), at corner of lands now or formerly of A,P, Hotels of PA, Inc" (being Lot No, 17 on Plan of Lots recorded in Plan Book 70, Page 901; North 01 degree, 38 minutes, 15 seconds East, 458,26 feet to a concrete monument in line of other lands of William A. Swope; thence by said lands of Swope, South 88 degrees, 21 minutes, 45 seconds East, 710,91 feet, to a concrete monument; thence by same South 01 degree, 38 minutes, 15 seconds West, 412,73 feet, to a railroad spike in the center of Walnut Bottom Road; thence with the center of said road, on a curve to the left having a radius of 2292,91 feet, a chord bearing of South 78 degrees, 48 minutes, 49 seconds West, a distance of 205,12 feet to an existing railroad spike in the center of said road, the place of BEGINNING. CONTAINING 1,851 acres, NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One and 00/100 ($1,00) Dollar to it in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself and its subcontractors, and all parties acting through or under it, covenants and agrees that no mechanic's liens or claims thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for itsel:. its subcontractors [Ind others under them hereby . '. expressly waives and relinquishes the right to have, file and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant, WITNESS the due execution of this Agreement the day and year first above- written, / Lobar Associates, Inc, Attest: \,_:~~\ V IL / . / , ..' !' './ - - ,-v -,'/'/ J, . _____r"li :,'~ By: L~~ - , l/ Lee E. Eichelberger, President , '. Witness: /' Shippensburg Medical Real Estate Associates, LLC Contractor ._-.... \ . . \ . ...",-, Ii Ii I' l:~-" , / .1, '...-1 ~, " :'~ By: %r(d;/d(~ / Lee E. Eichelberger, Manager / Attest: ~~7 Ground Lessee Jcarlisle Hospital and Health Services ,') /) JJ!: tlc/ By:' ~-, I NiehaeJ 11; lstead, Owner , ,'. ' " ", , " ~ - i ' .',' '..': " " , ' ':" ',' ~, , , ", . ~:" :.. _ '. \,",. COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF CUMBERLAND On this, the 1S',ft, day of December 1998, before me, a Notary Public, personally appeared l.ee E, Eichelberger, known to be the person whose name is subscribed hereto, and who acknowledges himself to be the President of Lobar Associates, Inc., and that he as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. \ I J 1 f'~ " .,! ." ",. .-----...., i'.. /1'.'. .,..... '\ . ' ,\. N.1 1 bl'" --\~1Ion'" S0il' .. ~Jtary U lC;ulie L. ,Gr Hiltl, 1'11"\. !;,fyf'I1!)I,(' DllIsburg lrw', '''~!k ',....c\ljnty My (;ornnm;51flf\ ; .',',"',~ ."'i:1 ,:l ;~000 "-\1'11111(.' P""'\'i', !1.i;~li~:~-i;~";'i'I(:',~:~'~ COMMONWEALTH OF PENNSYLVANIA :5S, COUNTY OF CUMBERLAND On this, the If(~ day of December 1998, before me, a Notary Public. personally appeared Lee E, Eichelberger, known to be the person whose name is subscribed hereto, and who acknowledges him~'llf to be the Manager of Shippensburg Medical Real Estate Associates, LLC and that he as such Manager, being authorized to do so, executed tlie foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as Manager, IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. 1 ( I -:l r I ,/ ,-'1/// I: /..i.-~ \"1...'/'~' 'Ii" Notiry Public I ') \ -- J I' Nr,larla! S:'~;l; '-~" . U IP l Gflffl", NOI'IIY I' bl Ollb ,~UIC I S urg BrIO VerY. C Mv Cornmr.<jslon F~":';....,. ~ ,?UnlV . " , , '.' ~' ' ' .~' ~ ' """ ~,..", . COMMONWEALTH OF PENNSYLVANIA :ss, ) COUNTY OF CUMBERLAND On this, the !Jc!)()Q'~ay of pecember 1998. before me. a Notary Public. personally appeared Y\lle..\lClJil.:J :4tLLsJea.cL ' known to be the person whose name is subscribed hereto. and who acknowledges himself to be the President of Carlisle Hospital and Health Services, and that he as such President. being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as President, IN WITNESS WHEREOF, I h~reunto set my hand and official seal. ~VJ~(j1wr Notary Public ( Notarial Seal Dlmlse l. Nye, Notary PUblrc M C~I.le .Bora, Cumberland Counl ' 'I GOmmlSSlon l:xplrl1;; r(:b :'1(; r'~nl Member Pcnn~,.rI\"I'li,l A, -;~7'~,~---:'.'" .~. I "~ if, l \ .' f . i , ! I " " , . . ,.',. , " ' , .. ~ ~' , , " ' .. ," . , , , . , ',,' . ;...,1."., ' ..t: "(:j '-- '\1 l"- "" rO r\ '...... t'i., 1,;,...... ~ '::J-- i> ....!r..~ , ., i " " (I ;. ., I, . . . 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