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Home My WebLink About01-03373 .' 01- .&:?rxJ m{J) /9.2..."'j,. Alexander Constructors, Inc. Building Construction ALE)fANDER One Tower Bridge Post Office Box 888 w. Conshohocken, PA 19428 215/941,5500 31 May 2001 _41 _ ~_ 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 ($10,00) dollars to cover the filing fee. Kindly index the waiver in the following manner: (1) Alexander Constructors, Inc., as plaintiff and Carlisle Marketplace, L. P., as defendant; and (2) Carlisle Marketplace, L. P., 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: MA. ww< Dale A. Wark, Vice President Finance & Administration Enclosures cc: Rick Seitz Project #401315 - Risk Management File 0: ~ ", "'!--1'~_'''''"..,-:-,_~_ -e,'__"',", _,_"eo''''" ,>r.o'" '_';. "f' 'of' 1 _ -., -, Ol-dJ'l3 (YlJ.J)T~ 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 property of 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 f1!ed against the Project Premises or any building or improvements thereon by itself or by any subcontractor or materialman 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 q,,-,~~ . <" ~_. -.." "-~_'?" ,'- -1- 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 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: bat..A U/a-v( NAME: Dale A. Wark TITLE: Vice President - Finance & Administration Y,.~~ -' ~ "1-' ~ -'--"' ,,-"'~ .r - ".", , -- STATE OF: PENNSYLVANIA ss: COUNTY OF: MONTGOMERY Personally appearing before me, Dale A. Wark, signer of this Contractor's Waiver of Mec nic's Liens, having shown evidence to me to be the Vice President of Finance & Adm' istration for Alexander Constructors, Inc., and acknowledged the same to be his free act and ed, du1y authoriz d by Al xan er Constructors, Inc., the Contractor. Notarial Seal Karen T. Most, Notary Public West Con8hohocken Boro, Montgomery county My Commission Expires Apr. 26, 2004 ,. TJ~ ..f', , )', " , - -~ .. ALL THAT C~TAIN tr~ct or l~nd situat~ along the eastern line of south Sprinq Garden street, in the Second Ward of the Borough Of carlisle, County of CUmberland and Commonwealth of Pennsylvania, bounded and described in accordance with a Final SubdivisIon Plan tor Saven Gables Est~tes and Ahold Real Estate Company, by J. Michael Brill & AsSOciates, Ino., Consulting En9ine~s, dated July S, 1994, revised December 2, 1994 and recorded in Subdivision Pl~n noo~ 69, ~ag~ 124, as follows: B~GINNING at a rebar on the eastern line of South Spring Garden Street, (Township Route T-516), at corner of lands now or fo~erly of W. C. Wertz; thence by the eastern line of South Spr~nq Ga~den Street, North nineteen (19) ~egrees fifty-two (52) minutes sixteen (16) seConds Eas~, a distance of 672.99 feet to a point on tbe southerly line of Samuels Ur!ve/ thenee by the said Samuels Drive, by a CUrve to the right hav!nq a radius of 25.00 feet, an arc length of 36.91 feet to il point; thence by thesilme, South seventy-five (75) de9l'ees thirty-one (1) minutes f:'Orty...;tour (44) seconds East, 395.59 feet to a point, tnenee by a curve to th.. rl9'ht havin., a radius of 190 feet, an arc length of 97.13 feet to a,point; thence by the same, by a curve to the left, having a radlwc'Qf310 feet, an arc l~g1::b of 158.47 feet to .il point; thence by the sal!le, South seventy-five (75) deqrees thirty-one (31) min~tes forty-four (44) seconds East, a distance of 96.67 feet to 1!I point at corner of Lot ..:3 on!:h,,'!lereinabove mentioned Plan of Lots, thenc. by ~he said Lot 3;SO\lt~ fOl;lrteen (14) degrees twenty-one (21) minutes thirty-one (31) $eCOnd~ W~t, a distance of 566.72 feet to a point; thence by the same, south ~e~enty-three (73) degrees thirty-three (33) minutes fQrty-three (4J) seconds West, a distance of 110.80 feet to a point on:.line of lands now Qr fOnler1y of Jeffrey S. Rlltith/ thence by lands now or fot1llerly of Jeffery S. Smith and !I1ong lanqs now or fo~erly of W. C. Wertz, North seventy-five (75) degrees fiftY-five (55) minutes forty (40) seconds West, ~ distance of 731.16 teet'to a rabar (found), ~he point ana place of BEGINNING. BeING tot #2 as shown On said plan. TOGETHER WITH rights, easements, covenants, and restriotions contained in a Oeclaratioh of Covenants, Restrictions and Easements bntween Seven Gablss E$ta~es and Ca~lisle Marketplace Limited PartnerShip, dated March 24, 1995 and recorded March 24, 1995 in Misc. BOok ~93. paqe 120. _. ,,_ u,'~ ., _ '" .... ,~." x,.' "' "1 ~~~ ~ ~ 6' , f " iI H Ii 'I [.I i" u 1:i , f- i' "- "- J.J W ~ .u r ~ f" ~ r f ft.:' ,~ . ~" " .~"""'" o c: s:: [B}"f; ~::IJ Ze:,:: '1<" ?lZ ;.:::0 ~8 5>C ~. (::J ~;f =:J fl~p2 ~~8 ~~~~) ~!,- ~~.~ ~;io oin :;;! 5:J -< L (- :;E I -p :-A:: N .. 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