HomeMy WebLinkAbout03-2747WAIVER OF LIENS - DESIGN SERVICES AND CONSTRUCTION
ADMINISTRATION
KNOW ALL MEN BY THESE PRESENTS, That contemporaneously with the execution
hereof, an agreement has been entered into between ENOLA SENIOR HOUSING, LP, a
Pennsylvania limited partnership, with a principal place of business at 501 Rolling Ridge Drive,
Suite 200, State College, Pennsylvania 16801, ("Owner"),
AND
LEFEVRE FUNK ARCHITECTS, INC., a Pennsylvania corporation, with a principal place of
business at 128 East Grant Street, Suite 301, Lancaster, Pennsylvania 17602 ("Architect"),
relating to the planning, designing and construction contract administration of a housing project
upon the real estate located at South Enola Drive, Enola, Cumberland County and described in
Exhibit A, attached hereto and made a part hereof (the "Agreement"); and,
WHEREAS, PENNSYLVANIA HOUSING FINANCE AGENCY has agreed to lend and
advance certain funds to Owner to finance such construction in consideration of the execution of
this Waiver.
NOW, THEREFORE, intending to be legally bound hereby, at the time of and
immediately before the execution of the Agreement, and before any authority has been given by
Owner to Architect to commence work on said housing project, for and in consideration of the
making of the Agreement with Owner, Architect does hereby, for Architect and any and all
subcontractors, material suppliers and parties acting or claiming for, through or under Architect,
including, inter alia, any mechanical or electrical engineer, construction engineer or civil
engineer, covenant and agree with Owner and PENNSYLVANIA HOUSING FINANCE
AGENCY that no mechanics' liens or claims shall be filed or maintained by Architect, or any of
them, against the real estate described in Exhibit A attached hereto, or the buildings thereon, for
or on account of any work done or materials furnished under the Agreement or under any
supplemental contract, verbal or written, or contract for extra work in or about the planning,
designing, construction and completion of the housing project, or otherwise; and Architect, for
Architect and any and all subcontractors, material suppliers and parties acting or claiming
through or under Architect, including, inter alia, any mechanical or electrical engineer,
construction engineer or civil engineer, hereby expressly waives and relinquishes the right to
have, file or maintain any mechanics' liens or claims against the real estate or buildings.
This Waiver waiving the right of lien shall be in 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 planning, designing, construction, construction
Waiver of Liens - Construction Administration/Design/PennHOMES
Project: ENOLA COMMONS SENIOR APARTMENTS (0-792)
Page 1 of 3
contract administration, and completion of the housing project as to any work and labor done and
materials furnished under the Agreement.
In order to give Owner and PENNSYLVANIA HOUSING FINANCE AGENCY full
power and authority to protect the real estate and buildings against any and all mechanics' liens
or claims filed by Architect or anyone acting or claiming for, through or under Architect or in
violation of the Agreement or this Waiver, Architect, for itself and all subcontractors, material
suppliers and parties acting or claiming for, through or under Architect, including, inter alia, any
mechanical or electrical engineer, construction engineer or civil engineer, hereby irrevocably
authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of
Pennsylvania or any attorney of any court or jurisdiction there or elsewhere, to appear in any
court or jurisdiction for Architect, and mark satisfied of record, at the cost and expense of
Architect, or any such subcontractor, material suppliers or party including, inter alia, any
mechanical or electrical engineer, construction engineer or civil engineer, any and all claim or
claims, lien or liens filed by or for Architect, in its or their name against the real estate, buildings,
or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and
authority, and a reference to the Court, term and number or place in which the Agreement and
this Waiver shall have been filed shall be sufficient exhibit of the authority herein contained to
warrant such action; and Architect, for itself and all such parties, does hereby remise, release
and quit-claim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each
of their attorneys any and all manner of errors, defects and imperfections whatsoever in entering
such satisfaction or anywise touching or concerning the same.
The Agreement and this Waiver are made and intended to be filed with the Prothonotary
of the Court of Common Pleas of the County or other proper place in which the above-described
lands are located.
It is expressly understood that this Waiver and all of the provisions and remedies herein
contained shall be available to and for the protection of PENNSYLVANIA HOUSING
FINANCE AGENCY and Owner of said premises.
In the event Architect 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 "Architect" shall mean all or some or any of them. For the purposes of the
Agreement and this Waiver, the singular shall be deemed to include the plural, and the neuter
shall be deemed to include the masculine and feminine, as the context may require.
Waiver of Liens - Construction Administration/Design/PennHOMES
Project: ENOLA COMMONS SENIOR APARTMENTS (0-792)
Page 2 of 3
IN WITNESS WHEREOF, Architect with intent to be legally bound hereby, has hereunto
signed and sealed these presents this 1 lth day of June, 2003.
WITNESS (ATTEST)
LEFEVRE FUNK ARCHITECTS, INC.,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
this, the 114'~:lay of ~ll. lkl~, 2003, before me, the undersigned officer, personally
On
appeared ~. ~O~,~tm~(.'" L~f~ , who being sworn according to law, deposes
~d states ~at he/she is ~1~ of LEFE~ ~
~CH~ECTS, ~C., a Pe~sylv~ia co~oration, ~own to me (or satisfactorily proven) to be
the person whose nme is subscribed to ~e withn insment md ac~owledged ~at he/she,
being authorized to do so, executed the sine for ~e p~ose therein contained, ~d desires ~e
sine to be recorded as such.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
[ Not~xy Public
I ~n~s~ ] (SEAL)
L .-..r .... ~ r-xIxi~ee Aug. 10. ~
Waiver of Liens - Construction Administration/Design/PennHOMES
Project: ENOLA COMMONS SENIOR APARTMENTS (0-792)
Page 3 of 3
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
ALL THAT CERTAIN lot or tract of land situated in East Pennsboro To~=ship, Cumberland Count5'. Pennsyh'ania. being
known as Lot No. 1 on a Final Subdivision Plan, dated AprilI 22, 1999, prepared by Alpha Consulting Engineers. Inc..
approved by the Board of Commissioners on June 7, 2000 and recorded in the Office of the Recorder of Deeds of
Cumbeflanci Count3.', Pennsylvama, in Plan Book 81 page 42, which is bounded and described as follows:
BEGINNING at an iron pin, said iron pin being the northewestem comer of the property now or formerly of Paul E. and Fay
Ann Wolf: thence along land now or formerly of David E. and Marguerite A. Harding, North 84 degrees 56 minutes 15
seconds East by a distance of 114.36 feet to an iron pin; thence along the same North 05 degrees 04 minutes 45 seconds West
by a distnace df 114.00 feet to a point: thence along the lands now or formerly of Edgar G Firth and cindy L. Orlasky and
o~hers North 79 degrees 54 minutes 14 seconds East a distance of 543.81 feet to a point; thence along the lands now or
formerly of Geir Magnussen. South 05 degrees 20 minutes 05 seconds West by a distance of 103.90 feet to a point; thence
along t~e northern right of Way line of Prospect Drive, North 70 degrees 23 minutes 40 seconds West a by a distance of
14.53 feet to a point: thence along the same by a curve to the left having a chord North 77 degrees 56 minutes 26 seconds
West bv a distance Of 66.98 feet and having a radius of 255.00 feet and an arch length of 67.17 feet to a point: thence along
the saree. North 85 degrees 29 minutes 15 seconds West by a distance of 127.01 feet to a point: thence along the same by a
curve to the left having a chord South 88 degrees 19 minutes 33 seconds West by a distance of 37.75 feet having a radius of
175.00 feet and an arc length of 37.82 feet to a point: thence along the same by a curve to the right having a chord North 74
degrees 48 minutes 34 seconds West by a distance of 19.58 feet having a radius of 25.00 feet and an are length of 20.12 feet
to a point: thence along the same by a curve to the left having a chord South 41 degrees 52 minutes 53 seconds West by a
distance of 9980 feet and having a radius of 50.00 feet and an arch length of 150.74 feet to a point: thence along the lands
now or formerly of Kenneth R. Snvder, Jr. and Debra D. Snyder, South 45 degrees 30 minutes 30 seconds West by a
distance of 103127 feet to a point; thence along the same South 04 degrees 43 minutes 00 seconds East. bva distance of
31987 feet to a point: thence along the same. South 84 degrees 39 minutes 55 seconds East by a distance of 283.29 feet to a
point: thence along the lands now or formerly of DBL South 05 degrees 20 minutes 05 seconds West by a distance of 138.69
feet to a point: thence along the lands now or formerly of Kenneth R. Snyder, Jr. and Debra D. Snyder. South 84 degrees 52
minutes 26 seconds West by a distance of 104.74 feet to an iron pin: thence along the lands nog, or formerly of East
Pennsboro Towaship South 24 degrees 52 minutes 26 seconds West by a distance 'of 250.00 feet to a rebar: thence along the
lands of Hamilton M. and Vivian M. Henry North 05 degrees 07 minutes 34 seconds West by a distance of 85.00 feet to an
iron pin: thence along the same South 84 degrees 52 minutes 26 seconds West by a distance of 125.00 feet to an iron pin:
thence along the lands now or formerly of Calvin H Heinl, Jr.. North 04 degrees 47 minutes 40 seconds West a distance of
441.22 feet to an iron pin, the place of Beginning.
CONTAINING apprommately 189,759 square feet (4.36 acres)
BEING PARCEL NO 09-15-1291-344
BEING THE SAME PREMISES which Kenneth R. Snyder. Jr. and Debra D. Snyder. husband and wife. by Deed dated
November 13. 2002 and recorded in Cumberland Count3_' in Deed Book 254 page 2713~ conveyed unto Enola Seninr
Housing, LP (a Pennsyh'ania limited partnership), in Fee.
EXHIBIT A
TOGETHER WITH the Appurtenant non-exclusive right and easemen: for
~ainage, utilities and pedestrian and vehiaular ingress and egre~s
~acro.~s Prospect Drive being more particularly described as follows:
EXHIBIT A
AND TOGETHER WITH the Annurtenant non-exclusive right and easement for utilities and pedestrian and
vehicular ingress and egress more particularly described as follows:
ALL THAT CERTAIN tract of land situate in East Pennsboro Township, Cumberland Count'. Pennsylvania. more
particularly bounded and described as follows:
BEGINNING at a point on the western right-of-way line of South Enola Road (SR 1017), said point being a point on the
southern edge of the private access drive and the western fight-of-way line of South Enola Road (SR 1017); thence, along the
western right-of-way line of South Enola Road (St 1017) by a curve to the left having a chord N 09° 41' 28" W bx' a distance
of 22.31 and having a radius of 1525.00' and an arch length of 22.3 l'to a point: thence, along the same N 10° 06"37" W bra
distance of 1.76'; thence, through Lq.t #1 N 84° 37' 06" E by a distance of 143.89' to a point thence, through the same bi' a
curve to the right having a chord S 51 ° 27' 18" E by a distance of 86.02 and having a radius of 62.00' and an arch length' of
95.07' to a point; thence, through the same by a curve to the left having a chord S 21° 40' 50" E by a distance of 23.45 and
having a radius of 48.00' and an arch length of 23.69' to a point; thence, along Lot #2 S 84° 56' 15" W by a distance of 30.64'
to a point: thence, through Lot #1 N 05° 04' 45" W by a distance of 19.82' to a point; thence, through the same by a curve to
the left having a chord N 50° 13' 50" W by a distance of 53.88' having a radius of 38.00' and an arch length oi 59.89' to a
point; thence through the same S 84° 37' 06" W by a distance of 142.07' to a point, the place of BEGINNING
Containing: 5,849 square feet (0.13 acres).
AS DESCRIBED in the Easement Agreement dated November 13, 2002 which Capital Ama Dance Theatre, Inc. granted
unto Enola Senior Housing, L.P. (a Pennsylvania limited parmership) recorded in Cumberland Count, in Misc. Book 691
page 3935.
EXHIBIT A