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Home My WebLink About99-04403 C) c^ ?0 w O -„ f- tl t ^J 'n /. 1 L_ CJ jln 1 J -? PINNACLE HEALTH HOSPITALS, IN THE COURT OF COMMON PLEAS OF a Pennsylvania nonprofit CUMBERLAND COUNTY, PENNSYLVANIA Corporation, Owner V. Barclay White Incorporated, A Pannsylvanin r rnnra«in I Contractor NO. qq- 4LV)3 M.L.D. I*MW STIPULATION AGAINST LIENS WHEREAS, Pinnacle Health Hospitals, a Pennsylvania nonprofit corporation, with offices at 4th Floor, 17 South Market Square, P.O. Box 8700, Harrisburg Pennsylvania 17105-8700 (the "Owner"), fee simple title owner of the hereinafter described tract of land, has executed or is about to execute contemporaneously herewith a contract with Barclay White Incorporated a Pennsylvania corporation , of 22 Cassatt Avenue, Berwyn, PA 19312 (the "Contractor"), for construction of an ambulatory care facility providing physical rehabilitation services to patients and other improvements to (collectively the "Building") a tract of land known as Lot 6 (Phase 2A) on Revised/Preliminary Final Subdivision Plan Lot 6, Cumberland Technology Park (formerly Mt. Zion Office Park), Phase 2A, Cumberland County Recorder of Deeds Office, Plan Book 77, Page 130, situate in Hampden Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"); and NOW, July 1, 1999 1, before any authority has been given by the Owner to the Contractor to commence work on said Building, or to otherwise construct any improvements thereto, or to purchase materials for the same, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchases by or through any subcontractors or materialmen, in consideration of the making of said contract with the Owner and the further consideration of One Dollar ($1.00) to Contractor paid by Owner, AND INTENDING TO BE LEGALLY BOUND HEREBY, Contractor agrees, for Contractor and for any and all subcontractors, materialmen and all persons and parties acting or claiming for, through or under Contractor, that no mechanic's lien or other lien or claim shall be filed against the Building, Premises, or any part thereof, whether by the Contractor or any subcontractor, or by any of the materialmen, workmen or any other party or person, for any labor or materials purchased, or extra labor or materials purchased, whether done pursuant to the original contract or pursuant to any amendment or supplement thereto, verbal or written, or contract for extra work upon, in or about the Building or Premises beyond the scope of any of the aforesaid (collectively the "Contract"), for the Building on the Premises, the right to file liens being 2 expressly waived. It is the full intent of the Contractor, as an independent covenant, for itself and for any subcontractors, materialmen, persons or parties claiming for themselves, or by, through or under the Contract or the Contractor, that the right to file a mechanic's lien under the provisions of law and/or of Acts of Assembly in such cases made and provided for work done or materials furnished in and about the construction of the Building on the Premises is hereby waived. In order to give Owner full power and authority to protect the Premises and Building, or any of them, against any and all mechanic's 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 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, them or any of them, and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialmen or party, any and all claim or claims, lien or liens filed by or for Contractor, them or any of them, or in its or their name against the Premises, Building, or any part thereof, and for such act or acts, this shall be a good and sufficient warrant and authority, 3 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 and its 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. 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 any mortgagee now or hereafter of record on the Premises. [THIS SPACE INTENTIONALLY LEFT BANK] 4 IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation Against Liens the day and year first above written. ATTEST: OWNER: PINNACLE HEALTH HOSPITALS, a Pennsylvania nonprofit Corporation on P- - u By: Secretary," 5r vice) President (CORPORATE SEAL) ATTEST/WITNESS: ll 4gu (Asst.) Secretary Nadene R. Cole (CORPORATE SEAL) CONTRACTOR: BARCLAY WHITE INCORPORATED Name: W.. Wavne Dunln By: 1 WTI y Title: Executive Le President c:\wp51\atw\docunents\stip.pirmacte November 18, 1998 5 C?, h= 9 ti C O m , CT (_) EXHIBIT "A" ALL THAT CERTAIN lot or tract of land being situated along the east side of Valley Road, in Hampden Township, Cumberland County, Pennsylvania, said tract being shown on an ALTA/ACSM Land Title Survey Lot 6 Located at Cumberland Technology Park dated October 26, 1998 as prepared by Biscon Land Surveying Company, Inc. Said lot being more particularly bounded and described as follows: BEGINNING AT A POINT; located along the eastern right-of-way line of Valley Road 556.99' South of the centerline of Mt. Zion Drive and said point being the northwestern corner of the subject tract: Thence along other lands now or formerly of Mt. Zion Associates L.P. North 62° 20' 41" East a distance of 167.13' to a point; Thence along lands of Larry S. and Audrey M. Myers, Charles F. and Kim H. Mosier, Dorothy M. Sweger, and Edward L. and Kathleen A. Kirkpatrick South 78° 07' 24" East a distance of 1091.99' to a point; Thence along lands of Pheasant Hill Farm Limited Partnership the following seven (7) courses: (1) South 43° 27' 50" East a distance of 546.79' to a point; (2) South 85° 34'24" West a distance of 306.88' to a point; (3) South 27° 39' 10" West a distance of 92.38' to a point; (4) South 22° 27' 44" East a distance of 409.29' to a point; (5) South 52° 52' 36" West a distance of 287.10' to a point; (6) South 73° 46' 57" West a distance of 1061.64' to a point; (7) South 67° 36' 02" West a distance of 109.20' to a point; Thence along other lands now or formerly of Mt. Zion Associates L.P. North 04° 18' 35" West a distance of 532.28' to a point; Thence along the eastern right-of-way line of Valley Road the following three (3) courses: (1) in an arc curving to the left with a radius of 730.00', an arc length of 891.12' and an 636.82' chord bearing North 05° 56' 08" East to a point; (2) North 29° 02' 08" West a distance of 190.09' to a point; (3) in an arc curving to the right with a radius of 465.00', an are length of 11.20' and an 11.20 chord bearing North 28° 20' 43" West to a point; being the Point of Beginning. BEING Lot 6 on Revised Preliminary/Final Subdivision Plan-Lot 5 and Lot 6, Cumberland Technology Park (formerly Mt. Zion Office Park) Phase 2A prepared by H. Edward Black & Associates, P.C. dated July 16, 1998, last revised October 30, 1998, recorded November 10, 1998 in Cumberland County Plan Book 77, Page 130. BEING the same premises which Mt. Zion Associates L.P., a Pennsylvania limited partnership, by deed dated November _, 1998, intended to be recorded herewith, granted and conveyed unto Pinnacle Health Hospitals, a Pennsylvania non-profit corporation. PINNACL2.NTZ LEGALS 12 C7l cr, U I? 3 d d O O_ C16 10 LO J U c6 9 00 - a ,