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Home My WebLink About01-04330 01- ~033o mt~ `7~~-1 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, L. L. C. ("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 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 17th day of July 2001. CONTRACTOR: ALEXANDER CONSTRUCTORS, INC. BY: ~~~ r,~~G~.l NAME: Dale A. Wark TITLE: Vice President -Finance & Administration •:~•. 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 & Administration for Alexander Constructors, Inc., and acknowledged the same to be his free act and deed, duly authorized by Alexander Constructors, Inc., the Contractor. ~tinu~e,C. Q• dt0~au+~-~ Notary Public NOTARIAL SEAL Samuel A. Logan, Notary public West Chester Borough, County of Montgomery MyCommission Expires Oct. 11, 2004 ALL THAT CERTAIN tract oY land situat$ along the eastern line of South Spring Garden Street, in the Second Ward of the Borough of carl9sle, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a Final Subdivision Plan for Seven Cables Estates and Ahold Real Estate company, by J. Michael Brill & Associates, Inc,, Consulting Engineers, dated July 8, 1994, revised December 2, 1994 and recorded fn Subdivision Plan Baak 69, Page 124, as follows; BEGINNING at a rebar on the eastern line of South Spring Garden &treet, {Township Route T-516), at oorner of lands now or formerly of W. C. Wertz; thence by the eastern line of south Spring Garden Street, North nineteen (19) degrees fifty-two (52) minutes sixteen (16) seconds East, a distance of 672.99 feat to a point an the southerly line of Samuels Azivap thence by the said Samuels Drive, by a curve to the right having a radiu$ of 25.0o feet, an arc length of 36.91 feet 'to a point; thetpce by the seine, South seventy-five (75) degrees thirty-one (31) minutes forty-fouls (44} seconds East, 395.59 feet to a point; thence by a curve to the ~~.qh~ having a radius of 190 feet, an arc length of 97.13 feat to a point;"thence by the same, by a curve to the 18ft, having a radius of 310 feet, an era le»gth of 158.47 feet to a Point; thence by the same; South seventy-flue (75) degrees thirty-onQ (31) minutes forty-four (44 }° sedorids.East, a distance of 96.67 feet to a point at corner of Lot 3-oa the hesainabove mentioned PSan of Lotsi thence by the said Lot 3, Southpour~,een (14) degrees twenty-one (21) minutes thirty-dne (31} seconds Fiestoa distance of 566.72 feet to a point; thence by the same, Skiuth seventy-three (73) degrees thirty-three (3~') minutes forty-three (43) seconds west, a distance of i1q.80 Peet to a point on life of lands now or formerly of Jeffrey s. Smith? thence bX lands now o~ formerly of Jeffery S. Smith and along lands now or forrerly of W. C. Wertz, North seventy-five (75) degrees fifty-five (5b) 'minutes forty (40) seconds West, a distance oP 731.16 faet~to a rebar (foundj, the"point and place of BEGINNING. BEING Lot ~z as shown on said plan. TOGETfiER WITH rights, easements, covenants, and restrictions contained in a Ueolaration of Covenants, Restrictions and Easements between seven Gaibles Estates `:and Carlisle Marketplace Limited Partnership, dated March 24,,;1995 and recorded March 24, 1995 in Misa. Book 493, Page 120. - .. _ ., a ~;: ~.. ~' , N ~ N '~ b ~ ~ '~4 0 ~" a E '~ ea~me+~rw.e«an~sea _ ... x~~mxxxa~-a- s~?r~mr~m. ~m~a svia!~=~~+~,~ ~ ~ ~ ~. ,-k =.3=~,v i .e, , ...'2;*~ca~ ; ,. - Alexander Constructors, Inc. Building Construction ALE~ANDER 16 July 2001 Prothonotazy's Office Cumberland County Courthouse 1 Courthouse Square Cazlisle, PA 17013 Re: Filing of Contractor's Waiver of Mechanic's Liens Dear Sir/Madam: One Tower Bridge Post Office Boz 888 W. Conshohocken, PA 19428 215/941-5500 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) dollazs to cover the filing fee. This Contractor's Waiver of Mechanic's Liens is a replacement for one filed by us on 31 May 2001, which form incorrectly referred to Giant Food Stores, Inc. instead of Giant Food Stores, L.L.C. Kindly index the waiver in the following manner: (1) Alexander Constructors, Inc., as plaintiff and Giant Food Stores, L.L.C., as defendant; and (2) Giant Food Stores, L.L.C., 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, I c. By: JA- Dale A. Wark, Vice President Finance & Administration Enclosures cc: Joann McKendry (via fax w/o attachments) Project #401315 -Risk Management File