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Home My WebLink About01-1319 FX r .... ,-" ~~,' ~'" ,,' ,- >-lIi!;T~"=~~' '-, " ", ,.' '~ --'. 0,;;._"" . JEFFREY A. LUNDEEN. Owner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNlY, PENNSYLVANIA : NO.: OI-13\Q b\.\J.) v, DltLSBURG SEPTIC EXCAVATING AND PAVING, INC. ContraCtor : WAIVER OF LIENS , CONTRACTOR'S WAlvEN QF LiENS ~~ THIS AGREEMENT made this 8 ~ day of Febrtillf)', 2001, between Jeffrey A. Lundeen, an adult individual, with his office at 840 State Street, lemoyne, Penhsylvania ("Owner") and Dillsburg Septic Excavating and Pavihg, Inc., a Pennsylvania corporation, with its offices at 5;6 Range End Road, Dillsburg, Pennsylvania ("Contractor"). WHEREAS, by a duly executed written agreement dated vl'larJ. e ,200 I (the "Contract"), Owner and Contractor have contracted for the contractor's excavation, grading and preparation of the ground for the foundation, parking areas and erection,f a new 48,000 square fool, concrete floor, manufacturing facility, and all matterS pertaining thereto, all in accordance with the Contract (the "improvements") on Parcel 20 (8.7 + ac.) Outlook Lane, sitUate in Shippensburg Township, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and ' WHEREAs, 1'10 aUthorization has yet been giveh by Owner to Contractor to commence its Work or purchase materials fot same; and WHEREAS, no work has commenced on the Properly and no labot or materials have been delivered to the Property ot furnished for the Improvements by Contractor or any sub- contrador or materialman. NOW, THEREFO~E, the Conlradori for itself, its successors and assigns and anyone else acting or claiming through or under it,' for ahd in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: i. Waiver of lien. Contrador hereby waives and relinquishes all rights to file a mechanicS' lien, claim ot nolice of intenlion to file .any lien or claim and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any ,...., . J ,,--, "0 ~ ~, - k , "'~..;,' .. , .. kind whatsoever shall be filed or maintained against the Improvements or'the estate or title of Owner in the P'ruperly as described in Exhibit "A" or the curtilage or ctJrtilages 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 under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof; and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personaily liable for all subcontracts, materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any Contract for extra work, or far work supplemental thereto. or otherwise. 2. IndeDendent Covenan!. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to Work done and materials fumished under any supplemental contract for extra work in the erection, construction and completion of the said Improvements and as to any work and labor done ahd materials furnished under the Contract. 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 covenaht. Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common l'leas of the Commonwealth of Pennsylvania to (i) appear as attorney for it, them or any of them; in any such Court, and in its or their 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 ail lien or liens, filed in violation of the foregoing covenant, or (ii) caUse to be filed and setved in tohnection 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 ihcorporate therein; as part of the record, the waiver contained in this iiistrument; and for such act or ads 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 actioh; and Contractor. for Itself and for them, hereby remises, releases and qUil-claims all rights and all manner of errors, defects and iiTiperfections whatsoever in ehtering such satisfaction or in filing such pleading, instrument or amehdmehl. or in any way concerning them, In the event ahyone acting throUgh or under tonlractor shall so file a lien in violalion of the foregoing covenant, OWner may hot exerCise his tights under this l'aragraph 3 unless such lien has nut been stricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been received by Contractor. 4, Public Notice. This Agreement shall be filed In the Cumberland Count.)' Prothonotary's Office as public notice hereof. - 2 - -~~ " 'I '_I " , . IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, have cal/sed this COhtractot's Waiver of Liens to be executed the day and year first above written. WITNESS: OWNER: ~~ ~ ~;.., (SEAL) AttEST: CONTRACTOR: DlllSBURG SEPTic EXcAVATING AND PAVING,INC. '" ~ ~~~ i Presid t ~, " !C~- ? Cst.) S~iy .u~ (SEAL) jlml.1 ,-" J;\1lJllfrJii!jt-.:'~-_-: "j{~" f IiIIIlI 1<.- , ~ ',~ ~ --I;, FIRST AMERICAN TITLE INSURANCE COMPANY -. - PROPERTY DESCRIPTION The 1and referred ~o in this Policy is desc~ibed as follows: Att THAT CERTAIN ~~act or parcel of land lying and heingsittiate in ShipPElnsburg Township, Cumberland County, Pennsylvania, and being identified as Lot No. 20,on Subdivision Plan of OUtlook Pointe of Shippensburg. said Plan being reco~ded in the Office of the Recorder of Deeds of CUmbe~land County, Pennsylvania, in Plan ~ook 76, page p? more fully bounded and descrihed a. folio,",s: Il11GINNING at a pOint on the west si~e of outlook Lane al: COrne~ of lands now or tormer1y of carlisle Hospita1 and Hea1th Serviees (Lot No, l~ on subdiVision plan Of'William Swcpe; said Plan being recorded in ~he office of Reco~di!r of Deeds of C\Ul1berlandCourity, Pennily1\rania, , in Plan Book 74,Page '9), thence by said lands and lands now Or formerly of Hotels of Pa, Inc, North 88 degrees, 21 minutes 44 seconds West, 411.84 feet; to a point in line of lands now or formerly of Hope Reformed Church; I:hence by said lands No~th 01 degree, 31l,minut.;,s, 15 secondsEast,3iS,93 feet, ,1:0 an iron pin in iine of lands noli or formedy of Frank Craig !rye; thence by land. of Nye No~th 75 degrees, 04 minute., 05 seconds East. 50.17 feet; to a point at corner common to lands of F~ank c, Ny!! and lands no,"" or f~rmerlY of TilllOlohy M. Nye; I:hence by lands of Tirnol:hyM. Nye; North 75 degrees, 02 minutes. jO seconde East, il82.til feet, to an iron pin at corner of lands now Dr formerly of Donald F, Nori (tal: No. 13 on SUbdivision ~lanof W!iliamSwope, said Plan b.ing recorded ill the Office of Reco~dt!r of DeicU of CUmb!.rlaitd County, peansylvania, in Plan BOOk66,Pil.ge ieA!; I:hence by said lands South 05 dagrees, 20 minutes, 47.second.s West, 583.77 feet; to a point at COrner of landli how brfo:rm!.Hy of shippensbtirg ALF (Lol: No. 19 on Subdivision Plan of wii1iam sWope said plan being recorded in the Office of Recorder ,of needs of cumberland Counl:y, Pennsylvania in Plan Book 76, page 66); thence by said 1ands, North sa degrees, 21 minutes, 4S seconds Welll:, 394,3a feet, to a point on the East side of Oul:look Lane a So foot wide public street: thence by said s\:l:eet on a cUJ:Ve to the right having Ii. l:il.diUs of :is.oo feet, a chord bearing of North 2S degrees, 43 minutes, 56 seconds East; a disl:ance of 21.03 feet to a poill~; thence continuing by same on ~ curve 1:0 thelaft having a radiUs of 50.00 feel:; a chord bearing of North sa digreesj 2i minutes, 4S seconds West. d dist~nca bf 241.~9 f~et to a point; thence conl:intl1ng by same on a CUrve to the right. hav.l.ng a radiUs of 25,00 feet, a chord bearing of south 22 degrees, 27 minul:es, 26 seconds East, adistanc~ of,2l.03feet to Ii. point al: corner of lands ho~ o~ formerly of Carlisle Hospi~al and Heaith Services, the place of IlEGINNrN~_ ' J;;xhibi. "A" , .~ .~ -.-- <, ,-' .' - ~ ,""-- .,-' j' OWNER AND CONSTRUCTION MANAGEMENt AGREEMENT Addencl1im ~ .I:ast Track Ad.dendum: 2.2.21.1 Construction Manager is aware of Owner's desire to commence constnlction on March 7, 2001. Accordingly, Construction Manager Will arrange for DiIlsburg Septic to execute and record a waiver of liens. immedi.Htlly, Construction Manager will arrange to take a photograph of !he site showing no machinery present, !he day after !he Waivt::r of Liens is filed. Furlher, Construction Manager will immediately initiate a Building Permit Application in order to pull all required pennjt.~ frOth Shippens_burg Township as soon as possible. jjtl)j. ; ~_~" >l',J,~~2i!i ~- ':iI!K~~'tJiIiI~~fu";;jN",,,"",1:,fj&~~a.;lW!!&'!;mW'iiai,f"~-;'~"""."~~U """"'0" '''_''~~'',e,' ~,~~"',.=~,~''''"'_,,.~_~ ^ ''', "" ~,,",,' ^, ",~~"'<h"" "',~~ ~ _ ,,'~,""',,', _, " _~ _ '" --" , ~ ' ' ',~ .I1i.Hf ,~-. l.LJ&V,b.",,~ (") <::> c::: 0 s::: ,:::r .." 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