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HomeMy WebLinkAbout03-4032DD & K, INC., Owner S & K HOME BUILDERS, INC., Contractor : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : : NO.: e~;:~.~-- ~o.~2- : : : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS ,-:. ~l THIS AGREEMENT made this/)t/'(..day of August, 2003, between DD & K, Inc., a Pennsylvania corporation, with its offices at 2300 Bent Creek Boulevard, Mechanicsburg, Pennsylvania ("Owner") and S & K Home Builders, Inc., a Pennsylvania corporation, with its offices in 3064 Bricker Road, Manheim, Pennsylvania ("Contractor"). WHEREAS, by a duly executed written agreement dated AI,~. I~'~ 7,~.~ (the "Contract"), Owner and Contractor have contracted for development ai4d construction of certain condominium units commonly known as Bent Creek Crossings and all matters pertaining thereto all in accordance with the Contract (the "Improvements") on the Property situate in Silver Spring Township, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, no authorization has yet been given by Owner to Contractor to commence its work or purchase materials for same; and WHEREAS, no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any sub~ contractor or materialman. NOW, THEREFORE, the Contractor, for itself, its successors and assigns and anyone else acting or claiming through or under it, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: 1. _Waiver of Lien. Contractor hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of intention to fide any lien or claim and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of 483767.1 Owner in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or by or in the name of any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any Contract for extra work, or for work supplemental thereto, or otherwise. 2. Independent Covenant. 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 and completion of the said Improvements and as to any work and labor done and materials furnished under the Contract. 3. Po~wer of Attorney. In order to give Owner full power and authority to protect itself, the Property, the estate or title of Owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as attorney for it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or (ii) cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument; and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for itself and for them, hereby remises, releases and quit-claims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. In the event anyone acting through or under contractor shall so file a lien in violation of the foregoing covenant, Owner may not exercise its rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been received by Contractor. 4. Public Notice. This Agreement shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, have caused this Contractor's Waiver of Liens to be executed the day and year first above written. ATTEST: (Asst.) Secretary OWNER: DD & K, Inc., By: (SEAL) ATTEST: (Asst.) Secretary (SEAL) CONTRACTOR: S & K HOME BUILDERS, INC. ALL TH. AT CERTAIN tract or parcel of ground situate in Silver Spring Township, Cumberland County, Pc'tm, sylvania, being Lot No. 16 on that certain Final Subdivision Plan for Bent Creek prepared by H. Edward Black & Associates, P.C. dated March 20, 1997, last revised march 2, 1995, and recorded in the Recorder of Deeds Office of Cumberland Counv.,' at Plan Book 76, Page 76, bounded and described as Follows: BEGE~,~TWG at the most southerly property corner of lands owned by Albert L. Allen, Jr. et al, as recorded in Deed Book [-32 and page 104i in the public records of Cumberland County, Commonwealth of PennsyNania; said comer aisc being the most southerly comer of lands now or formerly of Allen Registry Bureau, Inc., recorded in Plan Book 30 at page 12 of the aforementioned Public Records; said comer also lying on the right-of-way of New Willow blill Road (S.R. 114); thence North nineteen (19) degrees seventeen (17) minutes thirty (30) seconds West, along said right-of-way, a distance of four hundred nineteen and twenty-five hundredths (419.25) feet; thence North seventy (70) degrees forty-one (40 minutes fourteen (14) seconds East, a d/stance of thirty-two and thirty-nine hundredths (32.39) feet; thence along a circular otawe to the left having a radius of four hundred twenty-five and zero hundredths (425.00) feet, a distance of six hundred twenty-six and eighty-three hundredths (626.$3) feet; thence North thirteen (13) degrees forty-nine (49) minutes eight (08) seconds West, a distance of five hundred eighty-two and four hundredths (582.04) feet; thence along a circular curve to the Hght having a radius of one thousand forty and zero hundredths (1,040.00) feet, a distance of one hundred eighty-four and four hundredths (184.04) feet; thence along a circular curve to the left, having a radius ct'one thousand two hundred seventy-four and forty-four hundredths (1,274.44) feet, a d/stance of four hundred ~'enty-seven and fife:y-five hundredths (427.55) feet; thence North twenty-two (22) degrees fifty-four (54) minutes six (06) seconds West, a distance of one thousand four hundred eighty-eight and thirty-nine hundredths (1,488.39) feet; thence along a circular cur~e to the right having a radius o f two thousand two hundred forty-four and twenty-five hundredths (2,244.25) feet, a distance of three hundred eleven and fifty-five hundredths (311.55) feet to the place o fBEGL-N?¢E~G of' this description; thence along a circular curve to the left having a radius of twenty and zero hundredths (20.00) feet, a distance of twenty-nine and thirty-four hundredths (29.34) feet; thence South eighty (80) degrees fifty-nine (59) minutes forty-seven (47) seconds West, a distance of one hundred eighty-six and sixty-three hundredths (186.63) Feet; thence along a circular curve to the right having a radius of two hundred thirty and zero hundredths (230.00) feet, a distance of two hundred sixty-two and thirty-eight hundredths (262.38) feet; thence South fifty-six (56) degrees twenty-one (21) minutes thirty-five (35) seconds West, a distance of four hundred fifty and twenty-three hundredths (450.23) feet; thence North thirty-one (31) degrees forty-four (44,) minutes nineteen (19) seconds West, a distance of one hundred eighty-six and seventy-four hundredths (186.74) feet; thence North twenty-five (25) degrees forty-four (~4.) minutes fiineteen (19) seconds West, a distance of one thousand eleven and ten hundredths (1,01 I. I0) feet; thence North sixty-seven (67) degrees five (05) minutes fi.fey-four (54) seconds East, a distance of one thousand one hundred eighteen and .forty-three hundredths ( I, I 18.43) feet; thence South twenty-one (21) degrees twenty- three (23) minutes thirty-three (33) seconds East, a distance of four hundred sixty-six and twenty-one hundredths (466.21) feet; thence along a circular curve to the right having a radius of one thousand two hundred seventy-six and eighty-six hundredths (2,276.86) feet, a d/stance of four hundred thirteen and forty- two hundredths (413.42) feet; thence South eighty-eight (88) degrees four (04) minutes thirty-two (32) seconds West, a d/stance of fifteen and zero hundredths (15.00) feet; thence along a circular curve to the left with an initial tangent beating of South one (01) degree rift'y-five (55) minutes twenty-eight (28) seconds East and having a radius of two thousand two hundred forty-four and twenty-five hundredths (2,244.25) feet, a distance of' five hundred ten and twelve hundredths (510.12) feet to the place of BEGE~G. BEING Lot No. 16 on the aforesaid Plan, containing 28.54 acres, more or less, less the property excepted and reserved from the above described as hereinafter set forth. BEING the same premises, less the hereinaRer recited exceptions, which Albert L. Allen, Ir., Barbara A. Hench, William Smart Hench, III, Barbara .1'. Allen, Heath L. Allen, II, Melissa A. Smith and Martin R. Allen, as tenants in common, as record owners, and RSM Associates. L.P., a Pennsylvania Limited Partnership, as equitable owner, by deed dated March 23, 1998 and recorded in the Recorder of Deeds Office of Cumberland County at Record Book 175, Page 395, ~anted and conveyed unto DD&K, Inc., a Pennsylvania Business Corporation. Said Deed was corrected as to the general partner of RSM Associates, L.P., a Pennsylvania Limited Partnership, by Corrective Deed from it dated December 15, 1998 and recorded in the Recorder of Deeds Office of Cumberland County on December 22, 1998 at Record Book 191, Page 524. UNDER AND SUBJECT, nevertheless, to a certain Declarafion of Protective Covenants and Restrictions dated March 23, 1998 and recorded in the Recorder of Deeds Office of Cumberland County at Miscellaneous Book 572, Page 355; to conditions set forth on the aforesaid Plan: and to all other easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. EXCEPTLN'G AND RESERVING from the above described land the following Condominium Units which have been sold and the title to which has been transferred by Deed to a purchaser as of August 12, 2003: Units: 1,2,3,4,5,6,7,9, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21,22,23,24,25,26,27,29,30,31,32, 33, 34, 35, 36, 37, 38, 39, 40, 43, 44, 45, 46, 47, 48, 50, 51, 52, 53, 54, 57, 58, 59, 60, 61, 62.