Loading...
HomeMy WebLinkAbout03-2999WAIVER OF LIENS - CONTRACTOR KNOW ALL MEN BY THESE PRESENTS, That contemporaneously with the execution hereof, an agreement has been entered into between SS GARDENS LP, a Pennsylvania limited partnership, with a principal place of business at 18 S. George Street, Suite 425, York, PA 17401 ("Owner"), HOGG CONSTRUCTION, 1NC., a Pennsylvania corporation, with a principal place of business at 2351 Freedom Way, York, PA 17402, ("Contractor") relating to the construction and/or rehabilitation of a housing project upon the real estate located at Ashburg Drive, Silver Spring Township, Cumberland County, Pennsylvania, 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 rehabilitation of the housing project 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 Contractor to commence work on said housing project, for and in consideration of the making of the Agreement with Owner, Contractor does hereby, for Contractor and any and all subcontractors, material suppliers and parties acting or claiming for, through or under Contractor, 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 Contractor, 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 rehabilitation and/or construction and completion of the housing project, or otherwise; and Contractor, for Contractor and any and all subcontractors, material suppliers and parties acting or claiming through or under Contractor, 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. Waiver of Liens/Contractor/PennHOMES Project: SILVER SPRING GARDENS (O-791) Page 1 of 3 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 rehabilitation and/or construction 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 Contractor or anyone acting or claiming for, through or under Contractor or in violation of the Agreement or this Waiver, Contractor, for itself and all subcontractors, material suppliers and parties acting or claiming for, through or under Contractor, 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 Contractor, and mark satisfied of record, at the cost and expense of Contractor, 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 Contractor, 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 flied 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 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 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 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/Contractor/PennHOMES Project: SILVER SPRING GARDENS (O~791) Page 2 of 3 IN WITNESS WHEREOF, Contractor with intent to be legally bound hereby, has hereunto signed and sealed these presents this lq day of (~/ffAJl.t ,2003. WITNESS (ATTEST) HOGG CONSTRUCTION, INC., a Pennsy vania corporation Title: _President & CEO COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ~ On this, the Iq day of~ [,(.]~, 2003, before me, the undersigned officer, personally appeared James W. Hogg , who being sworn according to law, deposes and states that he is President and CEO of Hogg Construction, Inc., a Pennsylvania corporation, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he, being authorized to do so, executed the same for the purpose therein contained, and desires the same to be recorded as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal.  -' ~ o~t~ Public Karen Hill, Not~y Public / Waiver of Liens/Contractor/PennHOMES Project: SILVER SPRING GARDENS (O-791) Page 3 of 3 EXHIBIT A Ail that certain tract of unimproved ground, situate on the northerly side of Ashburg Drive, in the Township of Silver Spring, County of Cumberland, the Commonwealth of Pennsylvania, being known as Lot 61 and shown on this ALTA/ACSM Land Title Survey for Springwood Development Corp., surveyed by J. Haines Shertzer Associates on October 8, 2002, and being more fully bounded and described as follows: BEGINNING at and Iron Rebar, set, on the northerly Right-of-Way Line of Ashburg Drive, 50 feet wide, a corner of land, Now or Late of Eastern Development & Planning, Inc., also known as Lot 60, recorded in Plan Book 76 Page 6; Thence along Lot 60, North 12 degrees 36 minutes 5 seconds West, a distance of 65.19 feet to a Rebar, found, a corner of land Now or Late of W. Bennett Conner, Jr. and Marcia B. Conner, recorded in Plan Book 28 Page 149; Thence along the same, North 74 degrees 11 minutes 40 seconds East, a distance of 558.74 feet to a Rebar, set, a corner of Now or Late Cumberland Valley School District, recorded in Plan Book 65 Page 11; Thence along the same the following two courses and distances: 1.) South 15 degrees 48 minutes 35 seconds East, a distance of 429.99 feet to a Rebar, found; 2.) South 52 degrees 39 minutes 45 seconds East, a distance of 54.29 feet to a Rebar, set on the northwesterly Right-of-Way Line of Legend Lone, 50 feet wide; Thence along the same, in a line curving to the right, having a radius of 25.0 feet, an arc length of 35.62, the chord of said arc being South 77 degrees 07 minutes 45 seconds West, a distance of 32.68 feet to a Rebar, set on the northeasterly side of Ashburg Drive; Thence along the same the following two courses and distances: 1) North 62 degrees 06 minutes 50 seconds West, a distance of 382.60 feet to a Rebar, set; 2.) in a line curving to the left, have a radius of 540.0 fee, an arc length of 324.05 feet the chord of said arc being North 79 degrees 19 minutes 00 seconds West, a distance of 319.21 feet to the Place of Beginning. Containing 2.949 Acres.