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Home My WebLink About00-05142 , ,.~, y' - ~ " :>E_ . " OJ- 5'/11;2 fr[., t-.f> Project Name: SILVER SPRING COURTYARDS (0-648) WAIVER OF LIENS - CONTRACTOR KNOW ALL MEN BY THESE PRESENTS, That contemporaneously with the execution hereof, an agreement has been entered into between SILVER SPRING COURTYARDS L.P., a Pennsylvania limited partnership, with a principal place of business at 18 South George Street, Suite 425, York, Pennsylvania 17401, ("Owner"), AND HOGG CONSTRUCTION INC., a Pennsylvania corporation, with a principal place of business at 2350 Springwood Road, York, Pennsylvania 17402 ("Contractor") relating to the construction and/or rehabilitation of a housing project upon the real estate located at 34-49 Ashburg Drive, Silver Spring Township, Cumberland County, Pennsylvania, and described in Exhibit A, attached hereto and made a part hereof (the "Agreement"); and, WHEREAS, PENNSYLVANIA HOUSING FINANCE AGENCY has agreed to lend and advance certain funds to Owner to [mance such rehabilitation of the housing project in consideration of the execution of this Waiver. NOW, THEREFORE, intending to be legally bound hereby, at the time of and immediately before the execution of the Agreement, and before any authority has been given by Owner to Contractor to commence work on said housing project, for and in consideration of the making of the Agreement with Owner, Contractor does hereby, for Contractor and any and all subcontractors, material suppliers and parties acting or claiming for, through or under Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, covenant and agree with Owner and PENNSYL V AN1A HOUSING FINANCE AGENCY that no mechanics' liens or claims Shall be filed or maintained by Contractor, or any of them, against the real estate described in Exhibit A attached hereto, or the buildings thereon, for or on account of any work done or materials furnished under the Agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the rehabilitation and/or construction and completion of the housing project, or otherwise; and Contractor, for Contractor and any and all subcontractors, material suppliers and parties acting or claiming through or under Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against the real estate or buildings. Waiver of Liens/Contractor/PennHOMES Project: SILVER SPRING COURTYARDS (0-648) Page 1 of 3 " < j.~~ '- This Waiver waiving the right of lien shall be in an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the rehabilitation and/or construction and completion of the housing project as to any work and labor done and materials furnished under the Agreement. In order to give Owner and PENNSYLVANIA HOUSING FINANCE AGENCY full power and authority to protect the real estate and buildings against any and all mechanics' liens or claims filed by Contractor or anyone acting or claiming for, through or under Contractor or in violation of the Agreement or this Waiver, Contractor, for itself and all subcontractors, material suppliers and parties acting or claiming for, through or under Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any court or jurisdiction there or elsewhere, to appear in any court or jurisdiction for Contractor, and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, material suppliers or party including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, any and all claim or claims, lien or liens filed by or for Contractor, in its or their name against the real estate, buildings, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court, term and number or place in which the Agreement and this Waiver shall have been filed shall be sufficient exhibit ofthe authority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quit-claim unto. Owner and PENNSYLV AN1A HOUSING FINANCE AGENCY and each of their attorneys any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. The Agreement and this Waiver are made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County or other proper place in which the above-described lands are located. It is expressly understood that this Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of PENNSYLVANIA HOUSING FINANCE AGENCY and Owner of said premises. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For the purposes of the Agreement and this Waiver, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. Waiver of Liens/Contractor/PennHOMES Project: SILVER SPRING COURTYARDS (0-648) Page 2 of 3 pc ~ , J ~ .' _ ~'. ''"^ "' L,;:, , 8 IN WITNESS WHEREOF, Contractor with intent to be legally bound hereby, has hereunto signed and sealed these presents this '1<11- day of :lTll)i'..... ,2000. WITNESS HOGG CONSTRUCTION INC. ~(lu)L ik w By:{)L1l. J~ Title: \f,u PJl..E'.r1~6NI COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN On this, the'lR day of J()~/ C, 2000, before me, the undersigned officer, personally appeared Chi S (2 . So who being sworn according to law, deposes and states that he is Vlu.... "P((S,d('(lt- of '.a Pennsylvania (j;('jXl(c..HOn , known to me (or satisfactorily prove 0 be the person whose name is subscribed to the within instrument and acknowledged that he, being authorized to do so, executed the same for the purpose therein contained, and desires the same to be recorded as such. IN WITNESS WHEREOF, I hereunto set my d and official seal. Notary Public NOTARIAL SEAL Fred G_ Gerson, Notary Public Spring Garden TWJ:'.. York ~ounty My COmmission expires Apnl 8, 2002 (SEAL) Waiver of Liens/Contractor/PennHOMES Project: SILVER SPRING COURTYARDS (0-648) Page 3 of 3 -." I , ~~' """"",MliliiJ:l!QQ,-j""" EXHIBIT A Lot 62 of the subdivision plan "Waterford Square Phase II" as recorded in Plan Book 76 at Page 6 elf the public records of Cumberland County, Commonwealth of Pennsylvania. Said lands being more particularly described as follows: Commencing at the most easterly property corner of said Lot 62, said corner lying on the right-of-way of Ashburg Drive and being the POINt OF BEGINNING of this description; thence South 770 54' 47" West, a distance of 57.09 feet; thence South 860 27' OS" West, a distance of 1,126.51 feet; thence North 450 09' 57" East, a distance of 322.50 feet; thence North 180 17' 42" East, a distance of 69.79 feet to a point on the right-of-way of Ashburg Drive; thence continuing along said right-of-way on a circular curve to the left, on an initial tangent bearing of South 71 0 42' 16" East, having a radius of 540.00 feet a distance of 248.30 feet; thence continuing along said right-of-way North 810 57' 00" East, a distance of 101.03 feet; thence continuing along said right-of- way on a circular curve to the right having a radius of 490.00 feet a distance of 307.88 feet; thence continuing along said right-of-way South 620 03' 00" East, a distance of 323.90 feet to the POINT OF BEGINNING of this description; Said lands situate, lying and being in Cumberland County, Commonwealth of Pennsylvania. Subject to easements of record and containing 4.83 acres more or less. The tract being more recently described in accordance with a certain Plot Plan, Silver Spring Courtyards L.P., dated July 5, 2000 being drawing number BE-908A, as prepared by J. Haines Shertzer Associates, Registered Surveyor. All that certain lot or tract of ground, situate on the southerly side of Ashburg Drive, in the Township of Silver Spring, County of Cumberland, the Commonwealth of Pennsylvania, being known as Lot 62 and shown on a Plot Plan for Silver Spring Courtyards, Drawing Number BE-908A, surveyed by J. Haines Shertzer Associates, July 5, 2000 and being more fully bounded and described as follows: BEGINNING at a point on the southerly Right-of-Way Line of Ashburg Drive, 50 feet wide, a comer of land of Lot 63, recorded in Subdivision Plan Book 76-6; thence along the southerly Right-of-Way line of Ashburg Drive the following three courses and distances: 1.) in a line curving to the left having a radius of 540.00 feet, an arc length of 248.30 feet, and the chord of said arc being South 84 degrees 52 minutes 40 seconds East a distance of 246.12 feet to a point, - " 2.) North 81 degrees 57 minuteS 00 seconds East a distance of 101.03 feet to a point, 3.) in a Hon-tangent line curving to the right having a radius of 490.00 feet, an arc length of 307.65 feet, and the chord of said arc being South 80 degrees 06 minutes 00 seconds East a distance of 302.62 feet to a point on the sOl1:hwesterly Right-of-Way line of Ashburg Drive; 4.) Thence along the same South 62 degrees 06 minutes 50 seconds East a distance of 322.99 feet to a point, a comer of lands now or formerly of Fine Line Homes, Inc., being lot 12 in Subdivision Plan Book recorded in Plan Book 76, page6; 5.) Thence along the same South 76 degrees 48 minutes 30 seconds West a distance of 57.12 feet to a point; 6.) Thence continuing along the same and land now or formerly of Waterford Square Associates Inc., South 86 degrees 27 minutes 05 seconds West a distance of 1125.92 feet to a point, at corner of Lot 73 in Subdivision Plan recorded in Plan Book 76 page 6; 7.) Thence along the same and Lots 72, 71, 70, 69, 68, 67, 66, 65, 64, 63 respectively, North 45 degrees 09 minutes 57 seconds East a distance of 322.50 feet to a point, a corner of Lot 63; 8.) Thence along the same North 18 degrees 17 minutes 42 seconds East a distance of 69.81 feet to a point, the Place of Beginning. CONTAINING:4.836 Acres . ~ ~. ~!lhlii\12illi:btcl~;',c~'_c;i:i'_',"'''''~''''~'''._''iibJ~,j.l'li'',,~~-g;~'''':M,;~,l;";'''c'il,;w<lJ..'"'~~tiiI~''"''ta~..,'''''''''''''''" 1il-'I~~lioi'-~-~'-'""'~~~~m!jj]IDl&' - ,,',," ~"'IIl~~'-~"-~~""'- ==0' 0 0 0 1. ~ c:: C',:, --;'-1 ~ ~: , "3J.D. f'::': \~ !llI; "11 ~ ~.". ,- en f'>.o.) :--n '--,.! ~ 10 r~ ~~J ~::-: -~ , "1\ ~ .o::_-"C, -:"'-1 ~ ~(") .-;,"'-=:) ~ c>~ '-"-';-:1''',1 u ~ ~ ~ "'" :::,j ~ .> -< ,- :rJ .~ -< t ,~~-~ ?- , '" ~."I- ^ ~ ,- ~~ " - ,.