The URL can be used to link to this page

Home My WebLink About01-03372 Ol-2.37J..!71LJ) T~ Alexander Constructors, lAc. Building Construction ALE/fANDER One Tower Bridge Post Office Box 888 W. Conshohocken, PA 19428 215/941-5500 31 May 2001 _t _ t_ Prothonotary's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Filing of Contractor's Waiver of Mechanic's Liens Dear Sir/Madam: We are enclosing the original and two copies of a Contractor's Waiver of Mechanic's Liens and a check in the amount of ten ($\0.00) dollars to cover the f1ling fee. Kindly index the waiver in the following manner: (1) Alexander Constructors, Inc., as plaintiff and Giant Food Stores, Inc., as defendant; and (2) Giant Food Stores, Inc., as plaintiff and Alexander Constructors, Inc., as defendant. Please return the two (2) conformed copies in the self-addressed, stamped envelope provided for your convenience. If you have any questions, please do not hesitate to call the undersigned at (610) 940-4231. Alexander Constructors, Inc. By: Rr.ft..,,4 1JJJ. Dale A. Wark, Vice President Finance & Administration Enclosures cc: Rick Seitz Project #401315 - Risk Management File :i',U .'" _ _ c,".,.", _ ". ,. -'7-" ,.cr,- ,_,,"1,~'\ '.11,.,_- H : ..,~ ". ,""_' . - -~ p~--",,- , OI-.337J..... mLU/~ Prothonotary/Clerk: Index Against All Parties As Plaintiff And Against All Parties As Defendants CONTRACTOR'S WAIVER OF MECHANIC'S LIENS WHEREAS, Alexander Constructors, Inc. (hereafter called "Contractor"), executed, or might execute, an agreement ("Agreement") with Giant Food Stores, Inc. ("Tenant") to construct improvements (the "Work") upon the Tenant's leasehold interest in the property owned by Carlisle Marketplace, L. P. ("Owner") located in the Borough of Carlisle, County of Cumberland (or more clearly defined by the attached legal description in Exhibit A to this Waiver), (hereinafter referred to as the "Project Premises"): WHEREAS, as part of the Agreement, Contractor agreed, or will agree, that no lien shall be filed against the Project Premises or any building or improvements thereon by itself or by any subcontractor or materiahnan or any other person furnishing labor or materials under the Agreement, and has or will agree to execute and deliver a Waiver of Liens for filing; NOW, THEREFORE, in consideration for the Agreement, and intending to be legally bound hereby, Contractor, for itself, and for its subcontractors of Contractor, and for all parties acting for, through or under Contractor or any subcontractor, covenants and agrees that no mechanic's lien or claim shall be filed or maintained by Subcontractor, or any such subcontractor or party, against any part of the Project Premises or any building or improvements thereon, for or on account of any labor or materials furnished or any work done under the Agreement, or in or about the erection, construction, installation or completion of the Work, and Contractor, for itself, for its subcontractors and for any and all parties acting f~, ~ ,', _ _'" ?"'_ '. "~_~. '" , r.o -"" , for, through or under Contractor or any subcontractor, hereby waives and relinquishes the right to have, file or maintain any mechanic's lien or claim against any part of the Project Premises or any building or improvements thereon. This Waiver of Mechanic's Liens shall be an independent covenant and shall operate and be effective with respect to all work and labor done and materials furnished under any supplemental contract or contracts or change order, whether oral or written, or additional work in the erection, construction or completion of such buildings, buildings or improvements on the Project Premises. This Waiver is made by Contractor and intended to be filed of record in the county of the Project Premises in accordance with the requirements of the applicable statutes. Each of the terms, provisions, covenants and conditions of this Waiver shall, as the case may be, be binding upon and inure to the benefit of Tenant, Owner, Contractor, each subcontractor of Contractor, and each party acting, for through or under Subcontractor or such subcontractor, and the respective heirs, executors, administrators, successors and assigns of each and any of them, IN WITNESS WHEREOF, Contractor has duly executed this instrument as of the 31st day of May 2001. CONTRACTOR: ALEXANDER CONSTRUCTORS, INC. BY: ~~fl ~i NAME: Dale A. Wark TITLE: Vice President - Finance & Administration '-PM i __,~_ r- ~',".-- - [- - - l. STATE OF: PENNSYLVANIA ss: COUNTY OF: MONTGOMERY Personally appearing before me, Dale A. Wark, signer of this Contractor's Waiver of Mechanic's Liens, having shown evidence to me to be the Vice President of Finance & Adrni 'stration for Alexander Constructors, Inc, , and acknowledged the same to be his free act md red, ill" J by ~ "'" """'""to~, Ino., "', em"",ctoc. NotarialSeal Karen 1: Mes~ Notary Public "... ~ 1loIo, Mantgome'l' County lAy Commission ElCplres Apr. 26, 2004 '-")~,;\"~~ ~ -,' '-. ~--- -'"'" " ~,~~~..,. ~-~'- < - '" ~LL THAT C2RTAIN trac~ of land si~uate along ~he eastern line of south Spring Garden street/ in the Second Ward of the Borough of carlisle, County of CQmberland and Commonwealth of pennsylvania, bounded and clescribe.d in acco't'danee with a Pinal Subdivision Plan for Seven t;al:lles Es~ates and Ahold Real Es~te company, by J. Michael Brill' Assooiates, Inc., Consultin~ Engineers, dated July 8, 1994, revised Dece~ber 2, 1994 and recorded in SUbdivision plan Book 69, ~age 124, as follows: BEGINNING at ~ rabar on the eastern line of South Sp~inq Garden Street, (Township Route T-516), a~ corner of lands now or fo~erly of W. C. Wertz; thence by the eastern line of south Spring Garden Street, No~th nineteen (19) degrees fifty-two (52) minutes sixteen (16) seconds East, ~ distan~~ of 672.99 feet to a ~oine on the southerly line of SamUels DriVel thenee by the said Samuels Drive, by a curve to the right: havinq a radius of 25.00 feet, an arc lenc;rth of 36.91 feet to i\ poin~; thence by t~ sam" South seven't:Y'~five (75) deqrees th:l.rt.y-one (:n) minutesfort.Y-:foU:t"(44) s~ondlS East, 395.59 feet to a point; thence by a curve to the rill'ht having a radius of 190 feet, an arc: len9.~ of 97.13 feet to e poi,nti thence by the sallie, by a curve to the lert,having- a radiu,s of 3~O feet, an arc lengt:h of 158.'" bf!t to ." point; thence by the slllne, South se'l/'enty-five (75) de.c;rrees thirty-one (31) minUt.8S forty-four (44) seconds East, II distilnce of 96.67 feet to a point at corner of Lot 3 on ~he hereinabove mentioned Plan of tots, thence by the said Lot 3;SQut}\ tou;tteen (14) cl.eqrees twenty-one (21) l1Iinutes thirty-one (31)SI!lCOnC!,sW~t, a distonce of 566.72 feet to a point.; t.hence by the same, South s~venty-three (73) dS91:'ees ~irtY-three (33) minu~es forty-three (4J) secondS West, a distance of 11.0.80 feet to a point ort.: line of lands now or tOl:lllerly of Jeffrey s. SII\:I.th/ thence by l.ands 1'14", or fOr'l1lerly of Jeffery S. S1IIith llnd along lal'lc'ls now or fOrlllot'ly of W. C. Wertz, North seventY-five PS) deqrees fiftY-five (55) minutes forty (40) seconds Wast, a distance ot 731.16 feet. to a rebal' (found)/ ~he point and Place of BEGINNING. BlING tot #2 as shown on said Plan. TOGETHmt WITH rights, easement:!!, Qovenants, and restrictlel'll> contained in a OeQlal'atlon of Covenants, Restrictions and Easelllents between seVen GablB$ Estates and Carlisle Mar~etplace Limit~ Part~ersbip, ~~te~ March 24, 1995 and recorded March 24, 1995 in Misc. BOok ~93, Page 120. . . , -,~ -~~~~ } p ~ .fQ.. 0- 8 0 0 ~ .on s:: t_ -..-1 D ~OJ c:: :I~' ''''- m z nl r:- 0 _:n ....... ~ zi I -otn C/.l- :o1-:J ~ "<:..- O~ pc) ~CJ .." -.;~ -r' i ~8 :..~ ?,~,1 ;;:c;t(") ~ ~ r ~C r::? Q.rn Z ~ :< N> :n b .0 -< Ii) '.!. ( f f fC ~, _ ~1 iliiJl _ A:IlIIffllfi!ll'ili3iN_!m"Wfflil!l!iWi~if.\~1- _ :n~liill~__~, i1jlJ . l:&llf{ ml.wmJ~1t;<lW!M'!i!1!iff,ii!mIiW:*,,"1"t0!;;il1,<t1~!lfF;;{Oil<F"i!"~m-'Ri'l:rl'~'f~liijb1J;rfff5W-$.""~~l"~;';;:';N-l_:pq,-~:,j1'ii''P:i0"l\!'F1l'\'I'F'-'''iJ'l~:\~i1'f~i