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HomeMy WebLinkAbout01-06854 l , WEST SHORE FINE PROPERTIES, a Pennsylvania general partnership, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW NO. ()( - Co ~ 'J -4-- /.A UJ v. MASS CONSTRUCTION INCORPORATED, GROUP Defendant WAIVER OF LIENS 3'+. WHEREAS, by Agreement dated November ~, 2001, West Shore Fine Properties ("Owner/Borrower") contracted with Mass Construction Group Incorporated ("Contractor") for work and services relating to the construction and construction supervision of a project upon the real estate described on Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the project is to consist of the construction of an office building on property in Upper Allen Township, Cumberland County, Pennsylvania, described on Exhibit "A" attached hereto, more fully detailed in the construction contract described above; and WHEREAS, PNC Bank, National Association has agreed to lend and advance One Million One Hundred Thousand Dollars ($1,100,000.00) to Owner/Borrower to finance such construction in consideration of, among other things, the execution of this Waiver. NOW, THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY, and before any authority has been given to the said Contractor by Owner/Borrower or any other person to commence any work on the said Project or to purchase materials therefor, does hereby, for Contractor and for any and all subcontractors, materialmen, employees and parties acting or claiming for, through or under Contractor, covenant and agree with Owner/Borrower and PNC Bank, National Association that no mechanics' liens or claims shall be filed or maintained against the above-described real estate, or the building or improvements to be erected thereon, for or on account of any work done or materials furnished under said agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of said proj ect, or otherwise; and Contractor, for "S~" ',~"1 , r~' . ", '''''_,>'~~';"n~c,: :""-""-,,,,:~,,,' ,""i__"",' , ';'1\"'- "'- 'C ,c;'c ,,.--~- -'-' . , , "",'^' "" :1 "> ~ Contractor and any and all subcontractors, materialmen, employees and parties acting or claiming through or under Contractor, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or buildings or improvements. 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 furnished under any supplemental contract for extra work in the erection, construction, supervision and completion of the said project as to any work and labor done and materials furnished. under said agreement. In order to give Owner/Borrower and PNC Bank, National Association full power and authority to protect the said real estate and buildings or any of them 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 this agreement, Contractor, for itself and all such aforesaid subcontractors, materialmen, employees and parties acting or claiming for, through or under Contractor, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there or elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialman, employee or party, any and all claim or claims, lien or liens filed by or for Contractor or in its or their name against the said real estate, buildings; a copy of this Agreement, and a reference to the court, term and number or place in which this agreement and waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quitclaim unto Owner/Borrower and PNC Bank, National Association, and their and each of their certain attorney or attorneys, any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in which the above- described lands are located. It is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of PNC Bank, National Association, mortgagee of said premises, its successors or assigns. 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 this agreement and waiver, the singular shall be deemed 2 '--.;;r:",l;1 ,;'.' '_'e" 'c'<",i"'fc','_~<,';-: ",-'<'__, -', '!'f.'I' ,~ "0 c'" -"r'_.'c"' ':",' I ,r,," " ,~ 0-,. . . '''r~~ "'"'-,":"l<:,wr;_r_, to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHEREOF, Contractor ~ hereunto signed and sealed these presents this 3e~ day of Ahv~~ ,2001. WITNESS: ~9~ '. ~:::':",' " 'h~'" "",__ -"",,' "-,, ., . ~'~,,'~'~J, ", P:q' -".'. , ',~-,- WEST SHORE FINE PROPERTIES, a Pennsylvania general partnership By v},~~~.G~ William M. Gladstone General Partner CONTRACTOR: SS CONSTRUCT By 3 " '-, ,',- '- - -- ,",~, ",' ;:t" '- -- EXHIBIT "A" AU Tl1AL CERT AtN lraCl orpuccl of'11IId. siftlalG In VPI*' Allen 1'oWIIIlIip. Cllmllatlaail . ' . . CounlY, l'cll1lyl'<11lDia. bellla1dcnliJ'llld as 1.0\ 2D oltlle "C8mbcrlllld Buli-.Iartc Sulldivi.ion .1'11"'''1\5 RCOICJed ill lbPI. QOlIk16l1lpap 133 (1Iac "PIIIi"), or\l1o,",,:= ofCllmbwlillld CoWl)', Commoa~ of'PClIil.yIVlDill,..... pltliGillarJybollbdcd IIld ' at fOllow., III wit: BlGum~G at the Nonhwut co.-ofAidLoI2D, salclconlcrabu_. tile POJNTOF BJt.(tlNNtNCi of this CJcIWjpliODj thD:clNonh 82~ 53' liO''' Ea&\, alar dlohu~cI'Iyrialil-or.way of .' CIIm1Jcrlal'1cJ.)aawa"I "i~ of40.4O feel; IDee coacIa1lil'~on.,d1g Sa~yrilbt-of.way or Cumber1aDdl~OD a a,ICDIatc:urvc to Ihe ripl, haYing a "'dillun70.00fi:er, a distance or 165.41 r-; rlumce SOUIh 02'" 39' 26" WUCll ~ or:US,J: r_1!I=le Nftnh86. 04' 4&" West a .distmce ol J 10..00 feet; 1hOllCO NcIrIh 07" 07'00" WClII ~ .utq~...e olaOUO r. ~ Ih. plaGuf BEQJNNJNC. ':';"~~, ." 'D,.tt> ':"":,~_"""":,o,~.-!,,,,<,-:-'l'~ _-_'._{'_ _""', __' ~'~~'",I",_." . ,," ,'_" ''T,p~..~ ,"'~ ,'" " ,>~,~"c,""_" - ~" -, ._, = ~':',^,"'- '~$:'lff'" ~ ", . ALL THAT CERTAIN tract or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being identified as Lot 2D of the "Cumberland Business Park Subdivision plan" as recorded in the plan Book 76 at page 132 (the "Plan"), of the public records of Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at the Northwest corner of said Lot 2D, said corner also being the POINT OF BEGINNING of this description; thence North 82 degrees 53 minutes 00 seconds East, along the Southerly right-of-way of Cumberland Parkway, a distance of 40.40 feet; thence continuing along the Southerly right-of-way of Cumberland Parkway on a circular curve to the right, having a radius of 970.00 feet, a distance of 165.47 feet; thence South 02 degrees 39 minutes 26 seconds West a distance of 225.12 feet; thence North 86 degrees 04 minutes 48 seconds West a distance of 170.00 feet; thence North 07 degrees 07 minutes 00 seconds West a distance of 203.40 feet to the place of BEGINNING. 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