HomeMy WebLinkAbout03-4474CAPITAL REGION ECONOMIC
DEVELOPMENT CORPORATION,
Owner
VS.
eciCONSTRUCTION, LLC
Defendant - Contractor
IN THE COURT OF COMMON PLEAS
CUM~RLAND COUNTY, PENNSYLVANIA
MECHANICS' LIEN
NO. '-Iq 7'-t'
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services, labor
or materials, known as eciCONSTRUCTION, LLC (the "Contractor") intending to be legally bound,
and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00) to it in hand paid by
CAPITAL REGION ECONOMIC DEVELOPMENT CORPORATION ("Owner") the receipt
whereof is hereby acknowledged, for itself and any subcontractors, materialman, laborers or anyone
else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or
claims shall be filed or maintained by it, them or any of them, against the real estate described in
Schedule "A", attached hereto and made a part hereof, or against any buildings or other
improvements thereon (jointly and severally, the "Real Estate"), for or on account of any work to be
done or materials furnished under the principal contract between Owner and Contractor, dated June
18, 2003, or under any supplemental contract, verbal or written, or contract for extra work or
materials relating to and work to be done or material furnished under said principal contract. The
undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming
through or under it, hereby waives and relinquishes all right to file a mechanics' lien, claim or notice
of intention to file any lien or claim against the Real Estate.
The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting
under or through it, hereby irrevocably authorizes and empowers any attorney of any court of
competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney
for it, them or any of them, in any such court and, in its or their name or names, mark satisfied of
record at the cost and expense of the undersigned, any and all claims, liens, any pleading or
instrument, or any amendment to any pleading or instrument previously filed by it or them, to
incorporate therein as part of the record this waiver and for such act or acts this waiver shall be good
and sufficient warrant and authority, and the undersigned for itself, and for them, does hereby
remise, release and quit-claim all rights and all manner of errors, in filing such pleading, instrument
or amendment, or in any way concerning them.
Owner shall have the absolute right in its name or in the name of the undersigned or any
other entity or person who shall have filed a claim or lien, to cause any and all such claims or liens to
be discharged by any other instrument, pleading or proceeding permitted at law or in equity.
The undersigned hereby avers, represents and warrants that work has commenced on the
Real Estate, that materials have been delivered to the Real Estate and that labor has been furnished
for the improvement of the Real Estate by the undersigned and by the list of Contractor's
subcontractors and materialmen attached hereto as Schedule B.
The undersigned represents to Owner that the attached list of subcontractors and materialmen
represents all of the persons and/or entities with whom Contractor has executed subcontracts and that
each of the said subcontractors has agreed to the terms of this stipulation as evidenced by releases
and waivers of liens executed and delivered to Contractor by the said subcontractors and
materialmen.
The undersigned further agrees that it shall not enter into any additional contracts with any
persons or entities for work to be done upon or materials to be delivered to the Real Estate which are
within the scope of the principal contract between Contractor and Owner for a period often (10)
days following the recording of this stipulation against liens.
This Stipulation is made and intended to be filed with the Cumberland County Prothonotary
in accordance with the requirements of the Mechanics' Lien Law of 1963 of the Commonwealth of
Pennsylvania.
1N WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as
ofthe llth dayof September ,2003.
ATTEST:
ichelberger
Corporate Secretary
CONTRACTile:
ecig.~mct/o/!Z LLC
N~m%: Todd D. Rothermel
Title: President
SCHEDULE"A"
ALL THAT CERTAIN pamel or tract of land situate in the Borough of Carlisle,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at an existing iron pin in concrete, said point being on the western line of
Cherry Street at lands now or formerly of the Housing Authority of Cumberland County,
thence along said western line of Cherry Street, North 05 degrees 45 minutes 00
seconds East a distance of 156.25 feet to an existing iron pin; thence by same and along
lands of College Park Apartments, North 05 degrees 45 minutes 00 seconds East a
distance of 60.00 feet to an existing iron pin; thence through said Cherry Street to a point
on the eastern line of Cherry Street and the northwestern line of "A" Street, South 84
degrees 15 minutes 00 seconds East a distance of 60.00 feet to a point at lands of
College Park Apartments; thence along said lands of College Park Apartments, South 84
degrees 15 minutes 00 seconds East a distance of 84.12 feet to an existing iron pin at
the common corner of College Park Apartments and Phillip D. and Winifred A. People;
thence through (unopened) "A' Street, South 29 degrees 50 minutes 32 seconds West a
distance of 65.73 feet to an existing iron pin on the southern line of "A" Street; thence
along said southern right of way line of "A" Street, South 84 degrees 15 minutes 00
seconds East a distance of 85.43 feet to an existing iron pipe in concrete, said pipe
being located at the intersection of the southern right of way line of (unopened) "A"
Street and the western right of way line of Wentzel Avenue; thence along the western
line of Wentzel Avenue, South 05 degrees 45 minutes 00 seconds West a distance of
495.00 feet to a point, said point being at the intersection of the western right of way line
of Wentzel Avenue and the northern right of way of Lincoln Street; thence along the
northern right of way line of Lincoln Street, North 84 degrees 15 minutes 00 seconds
West a distance of 162.73 feet to an existing iron pipe (buried); thence along lands of
Hoffman Materials Incorporated, North 84 degrees 15 minutes 00 seconds West a
distance of 336.98 feet to an existing iron pipe at lands of College Park Apartments;
thence along College Park Apartments, North 04 degrees 40 minutes 40 seconds East a
distance of 338.84 feet to an existing iron pipe buried in concrete; thence along College
Park Apartments, South 84 degrees 14 minutes 41 seconds East a distance of 303.32
feet, to an existing iron pin in concrete, the place of BEGINNING
Containing 4.818 acres and subject to easements and rights of way shown on the
aforementioned plan.
BEING all those two (2) contiguous tracts of land known as existing Lot 1 and 2
as shown on the Preliminary/Final Subdivision and Land Development Plan for
the Murata Business Center, said plan bearing a date of February 7, 2003, as
prepared by Dawood Engineering, Inc. and recorded at the Cumberland County
Recorder of Deeds office in Plan Book 87, Page 81.
Being the same premises which Capital Region Economic Development Corporation by
its Deed of Consolidation dated July 18, 2003 and recorded with the Cumberland County
Recorder of Deeds Office in Deed Book 258, page 1838, granted and conveyed unto the
said Capital Region Economic Development Corporation.
Schedule B
Subcontractors with work already started
Sitework (Sub)
PROJECT #330.026
Additions and Renovations to
Murata Business Center
453 Lincoln Street
Carlisle, PA 17013
Neidig, Inc.
209 Fairway Drive
Mechanicsburg, PA 17055
Electrical (Sub)
Mixell & Kerstetter Electric, Inc.
100A Creek Road
Carlisle, PA 17013