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Home My WebLink About03-5032 CHANG MUN CHON and SUN YI CHON, husband and wife, Owner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA v. CHON MOTEL ENTERPRISES, INC., Tenant : NO.: 0:3 ~jo.3 .L !'r\ e-.fJ ~ v. WESTRA CONSTRUCTION, INC., Contractor : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS . 7ft. THIS AGREEMENT made this ~day of September, 2003, between Chang Mun Chon and Sun Yi Chon, husband and wife, residing at 227 Ewe Road, Mechanicsburg, Pennsylvania 17055 ("Owner"), Chon Motel Enterprises, Inc., a Pennsylvania corporation, having its office in Mechanicsburg, Pennsylvania ("Tenant"), and Westra Construction, Inc., a Wisconsin corporation registered to do business in Pennsylvania, with its offices at 4002 Fenton Avenue, Harrisburg, Pennsylvania ("Contractor"). WHEREAS, by a duly executed written agreement dated September _, 2003 (the "Contract"), the Tenant and Contractor have contracted for the architectural, structural, mechanical, plumbing, and electrical design and construction of a three-story, 38,700 square foot, 65 room prototype Country Inn and Suites (66 units), in accordance with the Contract (the "Improvements") on the Property situate partly in Upper Allen Township and partly in Lower Allen Township, Cumberland County, Pennsylvania (the "Property"), and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, no authorization has yet been given by Tenant 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: 487250,1 1. Waiver of Lien. Contractor hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of intention to file 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 Owner, and/or Tenant 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 e.xtra 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. Power of Attorney. In order to give Owner and/or Tenant full power and authority to protect itself, the Property, the estate or title of Owner and/or Tenant 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 attomey 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 conceming 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. OWNER: -~, ~EAL) SEAL) n Vi Chon ~,/lfi ~.-. '(Ass() S etary TENANT: CHON MOTEL ENTERPRISES, INC. By: A~ ~ ./(Vio Presi en ATTEST: (SEAL) ATTEST: t~V~ (Asst.) Secretary CONTRACTOR: WESTRA CONSTRUCT , INC. (SEAL) ~? BY:~_ ~fl t 1-k-;t1 ~A-<j~ ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being partly in Upper Allen Township and partly in Lower Allen Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the centerline of the legal right-of-way line of Gettysburg Road, at the northeast corner of lands now or formerly of Fleming Enterprises; THENCE along the centerline of the legal right-of-way line of Gettysburg Road, North 40 de~lrees 13 minutes 14 seconds East a distance of 165.88 feet to a point being the northwest corner of Lot NO.1 of the hereinafter referenced Preliminary/Final Subdivision Plan; THENCE along the western line of said Lot No. 1, South 49 degrees 46 minutes 46 seconds East a distance of 196.03 feet to a point; THENCE along the same, North 58 degrees 30 minutes 30 seconds East a distance of 71.06 feet to a point; THENCE along the same, South 53 degrees 49 minull~s 11 seconds East a distance of 230.81 feet to a point on the northern legal right-of-way line of Route 15 (S.R. 0015); THENCE along said northern legal right-of-way line of Route 15, South 51 degrees 40 minutes 12 seconds West a distance of 636.24 feet to a point on the eastern boundary line of land now or formerly of Smith Land & Improvement Company; THENCE along the eastern line of said Smith Land & Improvement Company lands, North 49 degrees 46 minutes 46 seconds West a distance of 120.94 feet to an existing iron pin along the southern line of the aforementioned Fleming Enterprises land; THENCE along the southern line of said Fleming Enterprises land, North 41 degrees 33 minutes 14 seconds East a distance of 372.73 feet to a point at the southeast corner of said Fleming Enterprises land; THENCE along the eastern line of said Fleming Enterprises land, North 49 degrees 24 minutes 46 seconds West a distance of 210.00 feet to a point, the point and place of BEGINNING. BEING Lot NO.4 on the Preliminary/Final Subdivision Plan for David L. and Jamie L. Hoffman, prepared by Hoover Engineering Services, Inc. dated June 28, 2002, last revised October 15, 2002, recorded December 6, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 86, Page 59. EXHIBIT "A" c:::' ......, ; ) ~ ',' je." ~ C\ -- v-\ L ..t.. - \ )-' Cl '" ~ ~ <:><) "1:- - ..... ~ ~ t t~ ~ ~