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Home My WebLink About99-05084(Sewer Line) 7(, 95'. 5'UF4f m'LnT.u.- AGREEMENT AND WAIVER OF MECHANICS' LIENS (For Contractor) To be indexed against: (1) THE QUANDEL GROUP, INC. as Contractor for index purposes, Plaintiff V. SZELES INVESTMENT COMPANY LTD. and PA 240 ASSOCIATES, as Owner for index purposes, Defendant and (2) SZELES INVESTMENT COMPANY LTD. and PA 240 ASSOCIATES,' as Owner for index purposes, Plaintiff V. THE QUANDEL GROUP, INC. as Contractor for index purposes, Defendant AGREEMENT AND WAVIER OF LIENS KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, THE QUANDEr, GROUP, INC. , ("Contractor"), has entered into a contract (as the same may be amended from time to time) ("Agreement") for certain work ("Improvements") located on the Premises (as hereinafter defined) with Szeles Investment Company LTD., a Pennsylvania limited liability company ("Szeles"), owner of certain real estate located in East Pennsboro Township, Cumberland County, Pennsylvania ("Szeles Tract"), which work will, in part, be performed on and provide a benefit to the real property owned by PA 240 Associates ("Assocates") also located in East Pennsboro Township, Cumberland County, Pennsylvania "(Associates Tract"), both of which tracts of real property are more particularly described in Exhibit "A" attached hereto ("Premises"); and WHEREAS, Szeles and Associates are hereinafter referred to as Owner; and WHEREAS, Allfirst Bank has advanced or will advance, subject to the terms of its loan documents, certain funds to Szeles secured by a mortgage and other instruments which do or will encumber the Szeles Tract; and WHEREAS, it is the intention of Owner and Contractor that (a) neither the Premises, the estate or title of Owner in the Premises, the Improvements, erected or to be erected thereon, nor the curtilage or curtilages appurtenant thereto (all of the aforesaid hereinafter referred to as the "Project") shall now or hereafter be subject to a lien of any kind for any debt or debts due by Owner to Contractor or for any debt or debts due by Owner or Contractor to any subcontractor, materialmen, laborer or other party (Contractor and all other subcontractors, materialmen, laborers and other parties are hereinafter individually and collectively referred to as the "Waiving Parties"), whether such debt or debts be for contracts or subcontracts executed or for materials, labor, work, superintendence, goods or services furnished or supplied in connection with the erection and construction of the Improvements; and (b) the right of anyone, including all Waiving Parties, to claim any such lien be waive hereby; NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration of the entry by Szeles into the Agreement and for the benefit of Owner and Lender does hereby, for Contractor and any and all of the other Waiving Parties, expressly waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim and does covenant and agree that no mechanics' lien, claim or intention to file any lien or claim shall be filed or maintained by or in the name of Contractor or any of the other Waiving Parties against the Project, or any interest of Owner or Lender therein, 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 for or about the management, superintendence, erection, construction, alteration, repair and completion of the Project, or any part thereof, or preparation therefor, or any of them or otherwise, and all of the Waiving Parties (other than the Contractor) shall look to and hold C9LWOMREAUG080399E.WPD -2- Contractor personally liable for all contracts, subcontracts, materials furnished and work and labor done, so that there shall be no legal or lawful claim of any kind whatsoever against Owner and/or Lender for any work done or labor or materials furnished under the Agreement or under any supplemental contracts, verbal or written, or contracts for extra work for or about the management, superintendence, erection, construction, alteration, repairs and completion of the Project, or any part thereof, or preparations therefor, or any of them or otherwise. THIS AGREEMENT waiving the right of lien shall be an independent covenant. In order to give Owner and Lender full power and authority to protect the Project against any and all mechanics' liens, claims or intentions to file liens or claims filed by any of the Waiving Parties or in violation of this Agreement, Contractor, for Contractor and all other Waiving Parties 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 jurisdiction for Contractor, and all Waiving Parties, or any of them, as many times and as often as Owner deems necessary, and to mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialmen, laborer or other party, any and all claim or claims, lien or liens, intention or intentions to file lien or claim filed by or form them or any of them, or in his, its or their name against the Project, 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 this Agreement and Waiver shall have been filed shall be a sufficient exhibit to the authority herein contained to warrant such action; and Contractor, for Contractor and all Waiving Parties, does hereby remise, release and quit-claim unto Owner and Lender, their successors and assigns, they and each of their certain attorney or attorneys any and all manner of error and errors, defects and imperfections whatsoever in entering such satisfaction or any wise 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, the county in which the Project is situate, in accordance with the requirements of Section 402 of the Mechanics' Lien Law of 1963 (49 P.S. Section 1402). All of the foregoing waiver provisions and remedies herein contained shall be available to and for the protection of Owner and Lender, and their successors and assigns. IN WITNESS WHEREOF, these presents have been duly executed this VA day of A , 1999. WITNESS/ATTEST THE QUANDEL GROUP, INC. Contractor OC2,_? Name: ST Title: ??y/yle, Ex? By: Nam: Title: 1? / ?• CAW0RK*LAI.1G090599L.WI1D -3 - EXHIBIT A ALL THAT CERTAIN tract or parcel of land together with the improvements thereon situate in East Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a point in the center line of Grandview Avenue (60 feet right-of-way) which point is at the northeastemmost comer of Lot No. I on the hereinafter mentioned Plan of Lots; thence by the line dividing Lot No. 1 and Lot No. 2 on said Plan South 23 degrees l I minutes 15 seconds East a distance of 30.00 feet to an iron pin; thence continuing by said dividing line South 64 degrees 56 minutes 19 seconds East a distance of 145.36 feet to an iron pin; thence continuing by said dividing line South 22 degrees 44 minutes 47 seconds West a distance of 9.52 feet to an iron pin marking the common comer of Lot No. 1, Lot No. 2, and Lot No. 3 on said Plan; thence by the line dividing Lot No. 1 and Lot No. 3 South 24 degrees 44 minutes 47 seconds West a distance of 16.43 feet to an iron pin; thence continuing by said dividing line South 64 degrees 56 minutes 19 seconds East a distance of 91.41 feet to an iron pin; thence continuing by said dividing line South 25 degrees 03 minutes 42 seconds West a distance of 71.40 feet to an iron pin; thence continuing by said dividing line South 37 degrees 56 minutes 00 seconds East a distance of 27.24 feet to an iron at the line of lands now or formerly of Chapel Hill United Church of Christ; thence continuing by said lands North 52 degrees 04 minutes 00 seconds East a distance of 23.06 feet to an iron pin; thence continuing by said lands on a curve to the right having a radius of 400.00 feet, an arc length of 103.79 feet (chord bearing: North 59 degrees 30 minutes 00 seconds East; chord distance 103.50 feet), to a point; thence continuing by said lands North 66 degrees 56 minutes 00 seconds East a distance of 226.19 feet to a point in the bed of Erford Road; thence within the bed of Erford Road North 22 degrees 55 minutes 00 seconds West a distance of 279.19 feet to a point; thence through the bed of Erford Road and along the center line of Grandview Avenue South 66 degrees 48 minutes 45 seconds West a distance of 444.73 feet to the point and place of BEGINNING. BEING all of Lot No. 2 and Lot No. 3 on the Preliminary/Final Subdivision Plan for 101 Erford Road dated February 17, 1997, as recorded in Cumberland County Plan Book 74, Page 91. BEING a portion of the same premises which Bessie Guy Holmes, Charles Guy Holmes, and the Harrisburg National Bank and Trust Company, Executors of the Last Will and Testament of Charles A. Holmes, deceased, by deed dated October 31, 1968, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Z, Volume 22, Page 645, granted and conveyed unto Erford Development Company. Associates Tract Lot No. I on the Preliminary/Final Subdivision Plan for 101 Erford Road dated February 17, 1997, as recorded in Cumberland County Plan Book 74, Page 91. See also Cumberland County Deed Book Z, Volume 22, Page 645. C:ILWORRIREAL\G0905991!. WPD -4- o vL. k n Z?l r cn i rte., ? ,= Z N %? L s U Li