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Home My WebLink About07-6252S C 0 .~^~. SECTION OQ825 CONTRACTOR: ANb Capital Area Interrnedia#e Unit ~;~ Miler Street, P.O. Sox 489 Summerdale, PA 1'093-0489 WH€REAS, the .parties hereto did ot~ the 28~' day of ', 20~~ , er~er in#o ~n agreement (hereinafter the "Contract"), therein and whereby said Contractor undertook and agreed to famish all materials, labor acrd equipment, etc., to complete the Parking Lot Expansion and 1~lew Maintenance 13tHiding, located at 55 MiNer Street, Summerdale, PA 17003-04$9. NOW, TH~~tEFORI=, the Contractor far itseff end .any and all subcontractors, material risen and parties .acting for, .through of under the Contractor or for, through .or under any of them, :does :covenant and agree that it wall not .at arty time suffer .or permit any mechanics' lien or any other lien, :attachment or other encumbrance, under any 'laws, regulations, or orders, federal, State or local, or otherusrise by any person or persons whomsoever, to be put or remain orl the building or premises, into or upon which any work is done or labor or materials are furnished under #his Contract, for such work, labor or material, or ~y reason of any .other claim or demand against the Contractor, ,and the Contractor has not obtained absolute title; .and the Contractor agrees, further, that any mechanics' lien, mafierialmen's ben or any other Nen; attachment or other encumbrance or claim of a third .party, however arising (whether through the Contractor's or Owner's or any other persons action or inaction, and whether valid or .invalid), until it is r..emoved shall preclude any and all claim or demand for any payment whatsoever under or by virtue of the (;Distract, and in the event that same is not removed, the Owner at its discretion may remove same at the expense ({ncluding legal fees) of the Contractor, and without regard to the validity or invalidity thereof, .Capital /4rBa IMermEdiate Unit 90825 -1 Parldng.lot.l=xpansion anti Mairtena~ce Buildl~g No Lien Agree~r~ent CRA Project No. 2058 ~ August 27, 2007' NO-LIEN AGREE~AIIENT IN THE COURT OF CfJMMON Pt,.EAS OF CUMBERI_R-NI3 COUNTY, PENNSYLVANIA CIVIL DIVISION r~ & rion, n~ir;. 700 Ayers Avern~e Lemoyne, PA 17043 NO-LIEN AGt~EEMENT The Contractor expressly agree further, :that no lien shall attach to the real esta#e, building, structures, car any other improvement to the Owner .either .on behaff of the Contractor herein or on behalf of any .sub~~ntrac#or, mechanic, journeyman, laborer, materialman or person performing improvement or premises of said Owner, or on behalf of any other person, `Neither the Ccmbactor nor .an other arson su riaa#er#ais, equipment, machine or other ~ P PP~~~ ~Y ry property, or perfom~ing worxk or labor in or upon the building or the work, included 'in this Contract .shelf have the right to .file a mechanic's lien against the building or prerr3ises. Contractor warrants and represents that at the time of ex~autiora hereof no work .of any kind has been done and no materials of any kind have been .fiumished, deNvered or ordered in connection with the performance of this irorttract of any .supplemental corrtract for extra worfc. This ~stipu1ation and wanner is made and intended to ..be filed with the Cumberlerxi County Prothonotary within ten (1 ~) days after the da#e taererjf, in ~r~ce ,w~h the requir®ments of Act of Assembly of .Pennsylvania, in such prod: In WITNESS WHEREOF, we have .hereunto set our hands and seals, intending thereby to become legally bound this 23rd day Of October__ . 20 07 OWNER: ATrE~T: ~/ ~ r J .Farling, Corp retary W1TNE ; C Aria I~ermet~e Unit P~ ~ a.~d tNeirter~ncs Sw'iding (:RA p'tojiscx No. 2058 CAPRAL ARfA INTERMEDIATE UNiT 55 MiI,:LER $TRl=ET, P.O. _.BOX 4$19 S~RDAL,E, PA i~7~3-p4~ CONTRACTfJR: BYE Ryan Silvagio OOB25 - 2 No Lien Agteetne0t ku9ust 2"!, 2407 SECTION pp870 -WAIVER OF LIENS THIS AGREEMENT made and concluded this 28th day of ~Pt~r , 20 ~~ , between Capital Area Intermediate Unit, 55 Miller street, P.tJ. Box 489, Summerciale, PA 17093- 0489, party of the first part .(hereinafter called Q.wner), and ~~ & ~ n~C party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, entered into a written contract for .parking lot expansion and construction of a new maintenance building for the Capital Area Intermediate Unit. WHEREAS, by the terms of the Contract aforesaid the Contractor covenanted, promised,, and agreed that no mechanics' or materialmen's .lien or :claims would be filed or maintained against the said building or buildings or any .part thereof, or the cartilage or cartilages appurtenant thereto, either by himself or anyone .else for or on account of .any work, labor, or materials supplied in the performance of the said Contract, or under any supplemental Contract or for extra work, in the erection, construction, or completion of the said building or buildings or any of the cartilage appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: That the Contractor, for himself and anyone else acting or claiming through or under hjrri, for and in consideration of the Contract .aforesaid and the considerations of the Contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One ($a .00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof js hereby acknowledged, "' ~ does hereby waive and relinquish all right to file ~ mechanics' lie. n, claim, or notice of intention to fide any lien 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 said building or buildings or the cartilage or cartilages appurtenant thereof, by or in the name of Contractor or any subcontractors, materialmen, or laborers for work done or materials famished under said .Contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or any part thereof, or on credit .thereof, anal that all subcontractors, materialmen, and laborers on said work shall look to and hold Contractor personally Nable for all subcontracts, materials furnished, and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said Contract for and about the erection, construction, and completion of said buildings as aforesaid, or under any Contract for extra work or for work Supplemental thereto, or otherwise. AND 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 famished under any supplemental Contract for extra work in the erection,, constnuction, and completion of the said .building or buildings as to any work and labor done and materials famished under the Contract aforesaid. Capital Area Intermediate Unit 00870 -1 h Parking Lot E~ansion and Maintenance Building Waiver of Liens CRA Project No. 2056 August 27, 2007 AIVD, in prder to give the Owner full power and authority to protect .himself, the lot or lots of ground, and the building or buildings, .and the cartilage or cwrtiiages appurtenant thereto, against any .and all liens or .claims filed by the .Contractor qr anyone acting under or through -him or if in violation of the #oregoing covenant, the said Contractor for .himself, .themselves, itself, hereby irrevocable authorizes :and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear .as Attorney for him, them, it, or any of them, in any .such Court and in his or their name or names, mark satisfied of record at the cost and expense of .the Contractor or of any Subcontractor of Materialman, any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, .or .cause to be filed in connection with such claim or claims, lien or liens (in the name of the Contractor of any ~eboQntractor of anyone else acting under or through him) any :pleading or instrument, or any amendment to any pleading or instrument prerriously filed.by him or them, to incorporate therein, as part of the record the waiver contained in this instrument, and for such act or acts this instrument shag be good and :sufficient warrant .and authority, and a reference to the Court,-Term, and Number in which and where this Agreement shall have been filed shall be a sufricient exhibit of th~a authority herein oon~ined to warrant such action, and the Ci0ntrgctOr for himself and for them does hereby remise, release, and quit-claim all rights and ail manner or .errors, defects, and imperfecti~pns whatsoever in enter%ng such satisfaction or 'in tiling such pieading, instrument, or amendmer`t, or in any way concen~ing them. IN W ITNE~S WHEREOF the :said parties have hereunto .set their hands and seals dated the day and year first ..above written. .CAPITAL ARI=A INTERMEDIATE l1lVIT WITNES~~S PRESENT: (SEAL) (SEAL) (SEAL) owNEi~ .~~.~ ~-~ ate- g~s~"rrss ~ `'~~ G~~crat, dn~' BY: CO ALTO Ryan J. Silvagio, Presi ent ,;a .s Any intermediate Unit ;? Partdng ~ Eamon and Maintenance .Building Weser ~ t.,iens CRA ~ ~' ~~ .August 27, 2007 Acknovledgment COtiMONWEAi,TR OF PBNNSYLDAHIA SS: COUNTY OF DAtIPkIN On this, rho ~0~'~ day of ~~r~,~o''""" I88d~, before me, the undersigned officer, pt;rsonaily appeared David L, .Taanetta, Secretary of the Deparcmene of General SQrvices of the Cocdmonvesit8 of Pennsylvania, known to me ( or satisfactorily proven) to be the person described in cha foregoing inctroment, and acknavledged that he executed the 6atnC In the CapBCiCy therein ScSCed and for the purposes therein eontained~ IN WZTNE55 WHEREOF, I hereunto set mq hand acrd official seal. Notsry Pub is ~R~SD~IOYt~ NOTMYPtJP~fC M~gISiaU,'~G, bAUPHM GO~cTT 111'Ca.AdISSiO~; Ff(AI`~'s W.Rt~i2. lwr, A~lembar, hblinsY~Nn117nfp~ren U rbralat zo ,d 'oH x~~ w~ St ; OI KOW Lo-ZZ-1.~0 zNDgN=uR>, " TRIS CNDENTORE, made Chis /d ~ day of 0~ A. D. 1466, beGaccn the Commonwealth of Pennsylvania, aCCiAR by and through the Department of Gtaeral Services, an adtninistratyve J departmeac of the Commonwealch of Fcnnsyivaaia, with thG approvai of Che Secretary of Agriculture and the approval of the GOVERNOR, herCln referred CO as GRANTOR. A N D The Capital Area Iatera~ediate Unit, referred co sa GRANTEE, WtIEREAS, under authority ore Act No. 98 of the Ceaeral Assembly of the Commopw~alth o[ pennsylvaaia, spproved Daly 14, 1988, the Department of CenCral.ServiC@S wish the approval of the the Department of AgriculCura and the GOVERNOR of the COmnonwcalth of Pennsylvania is authorised Co grant and convey Lo The Capicnl Area Intermediate UriiC, a tract of lead siCua[e in the Township of East Peansboro, County of Cumberland, Pennsylvania, hereinafter described. WITNE55ETH, that the said GRANTOR for and in consideracioa of Seventy F;ve Thousand Five Hundred Dollars and OO/100 ($75,SOO,OA) being one-hslf Che appraistd Eair marktt value in compliance with Ac[ 98 cited abov@, has granted and conveyed and by these presents does grant and convey Co GRANTEE, its successors end assigns a tract oL land Fituatc in the Township of East Penosboto. County of Cvs+berland, Pennsylvania bounded and described as fofloxst BEGINNING AT A [+OINT, SAID pOTNT BEING THE RIGILT-OF-WAY INTCRSECTION OF T1IE >;ASTERN RIGHT-OF-WAY LIMB OF FIRST STR>:ET, SDK, 1019, AND THE SOUTHERN RIGIIT-OF-WAY LINE OF RAILROAD AVENUE, RRLOCATBO; THENCE ALONG THE SOUTIi$RN RIGHT-OE'-WAY LIMB OF , ~•~:~ RAILROAD AVENUE NORTH 6 3 DfiGAEES 33 MINUTES 46 SECONDS 'EAST•,.'••A ~ -,! ~ I +~IJ,I ~. ivv ~1, { 1 ~ r '/ £0 'd 'OK Xb~ I,I~ 8I:DI RIOW LO-ZZ-1.00 DISTANCb OF [61.76 FEET TO A POINT= TiiENCF. ALONG THE SAME O1I AN ARC OF A CURVE CURVING TO 2NE LEFT, t1AViNG A RADIUS OF 318.83 ., FEET, AN ARC LENGTH OF 207.60 F~E7 TO A POINT: TRENCR ALONG LAND OF PBNNSYi,VANIA DEPARTHENT OF TRANSPORTAT.TON NORTH ti3 DEGREES 25 MINUTES 31 SECONDS £AST, A DISTANCE OF 134.76 Hlrtr'f TO A POINT: THENCE ALONG TBE SAHE NORTH 26 DECREES 53 HINUTES 28 SECONDS WEST, A DISTANCE OF 544.42 FEET TO A POINTr l'IiENCfi ALONG THE SOUTHERN RIGHT-OF^WAY LINE OF I-81, $,A, 0081, NORTH 63 DEGRE$S 15 MINitTES 26 SECONDS EAST, A DISTANCE OF 741,3b FEET TO A POINT: THENCE ALONG THE SAMF, ON AN ARC OF A CURVE CURVING TO THE RIGHT, HAVING A RADIOS OF 2,984,55 FEET, AN ARC LENGTH OF 247,75 FEET x0 A POINT: 'f1tENCE ALONG LAND OF THE ESTATE OF RUTH U. MTLLER SOUTk 53 DECREES 02 MINUTES 19 SECONDS EAST, A DISTANCE OF 657.79 FEET TO A POINT: THENCE ALONG LAND OF THE COMMONWEALTH OF PENNSYLVANIA SOUTH b3 DEGREES 15 MINUTES 26 SECONDS WEST, A DISTANCE OF 942.77 FL•ET TO A POINT: THENCE ALONG THE SAME SOUTH 43 DEGREES 33 MINUTES 47 SECONDS WEST, A DxSTANGE OF 787,38 FEET TO A POINT= T.tIENCE ALONG THb EASTERN RIGHT-OF-WAY LINE OF FIRST STREET NORTH 4b DEGREES 26 MINUT&S 13 SECODiDS WEST, A DISTANCE OF 100.00 FEET TO A POINT THE POINT OF BEGINNING. SAID TRACT CONTAINS 775,012.50 SQUARE FEET OR 17.33 ACRES. BEING part of the premises vh:ich Manor Real Estate end Truat Company by iCa Deed dated December 21, 1923 and recorded at > ~ Cumberland County Recorder of Deeds in Deed Book V, No, 9, Page 82, granted and conveyed to the Commonvealtb o£ Pennsylvania in fee. UNDER AND SUBJECT to sll easements, servitudes and rights of others, .including but not confined to streeCS, raadwayx, and rights of•any telephone, telegraph, valet, e3,ectriC, SCNCr, gas or pipeline companies, ag sell ns under and SUDjCCt Co any inCtre;t, eaetates, or tenancies vested in third persona, whe[her or no[ appearing of record, for ally portion of the land or • iargrovomencs erected thezean. -2- ~o ~a ~oN x~~ ~ et:ot N01i Lo-ZZ-Z~0 UNDER ANA SUBJECT to tliC Condition Chat Lhe Land herein conveyCd shall be usCd for scholastic and rCCreaCion purposes and iE at any time the GRANTEE or its SuccCSSOrs in Ivnction conveys slid property or authorized or permits said property to be used for any purpose other than those aforementioned, the title to the Land herein conveyrd shall immediately revert to and revert in the Conmunwealth of Pennsylvania. TO HAVH AND TO I10LD Lhc Said Craet oT plcce of ground hereby granted UnCO the said GRANTEE, ies eucccasora and assigns, [o and for the only proper tise and behoof of chc said GRANTEE, i[a SuCCCSSOrp and asaigas #orever. AND the GRAN?OR shall warrant specially the premi:cs herein Conveyed. IN WITNESS WHEREOF, the GRANTOR, by Davj,d L. Jannetta, Secretary of General Services, has caused this instrument co be signed the day snd year first above written. ', APPROVED AS To LSCALITY CpMHONW£ALTH OP PENNSYLVANIA AxD YORM Dcpartmene of General Services chief Counsel-~ Secretary o General Services ATTEST: APPROVE : ` ~`-,'rW }~.t~ _ B y Secretary of Agriculture APFRO lD AS TO tEGALtI'Y APPROVED: FORH - ~ ' ,~ Q~ {~ B r L:i~~"~ Dep y Attorney General YERNOR -3- 50 '~ '~ ~~ Wd ~I:OI HOW LO-ZZ-1.00 :~ y+~__~ ---~" " ~ .~ 3 ~c ~~ / ' j~. 7 1' plsr r'B~Da' ~~ i .~ ~ ~ ~ - , ~ ~.' Q N '~ t~ ~ 1 ~~ t~ ~ ~ , r ;{ _ ~1 ~ - 1 Y1 ~~.rT~ ~~ ~ ~ ~- E 53. PG' ,~~ ors^~~~ V ,.\ 90 'd i ~` , n V V ~ TRPC1 ~~~ ~~ ~ ~ ~f :, ._ •,/ ~~ ~ Y~~ ~ . ~.,., r .` %~~'~ ~ .' -^ `. / ~V '~ \~, ! ~ ,~~ ~ ~• \• i r \ _ ~ \ l ' ~~ ~' ~ ~~ , ~~~~` `~ \ ~ l ;~ r r t~ ~ccc'~~: _ yij•~ r j ~ `` ~ ,(// - /~ ~~ 1~ /~• ~ ~ ~ s i ~%' ~ 8I , O I NO~I LO-ZZ-Z00 'OH X~.~ Printer's No. 1907 ~'!iE GFNPitAI ASSEM6LY OP PENNSYLVANIA SENATE BII,L ,1~ r O . ~ ~ ~ ~ se 1488 °f :. I NTROAIICEl7 AY HOPPER, SHllMAKER ANA MOt1RE, APRIL ~c, 19RR REFERRER TO STATE fOVERNMEN'T~ APRIL 4, 19RR AN ACT 1 Au~.horiting. and dirertinq the Department of General` 5ervicer, 2 '•;.:~ l~}ie approval of the Governor and the Department of 3 Ay:zc•.:1tUre, zo sell and conve~+ a tract of land situatie in 4 =ast Perinsboro Township, Cumberland County. 5 The General Assembly of '~.-be Commonwealth o`_' ~ennsylvanis 6 hereby enacts as ~olloa~s: 7 Section 1_ The Department of General Services, wi;.h the 8 approval of ~~he Governor .and the Depar:.merit of Agr}ct:l~:re, is 9 authori2ed and directed on behalf o_° thQ Commonwealth Lo sell 10 and convey to the Cap; tai Area Intermediate Unit, for a 11 -considerztion of one-hGlf of the fzir mzrket value, ;.he 12 following Tract of land situate in East Pe;znsboro Township, 13 Cumberland County, Pennsylvania, bounced and cescr:bed as `~ 14 llotts f ~~ : o 15 neginr.inq at z poin4, said point being the righti-of-+ray Z6 intersection of the eastern right-of-way line°of E_rst Street, 7;7 5.8.1019, and ~he southern right-of-way ~ille of Railroad Avehtte, l8 relcc3Led; thence along the sou+..hern right-of-way line of _ r LO 'd `ON XH.~ ~ 6 t ; 0 t NOW LO-ZZ-,1,~0 . . -~ 1 .=Railroad Avenue no :h 43 aegrees .3 minutes YS seconds east, a 2 di.stznce o= ?ol.7T feet to a paint; thence along the came on an 3 arc of a eu~•e cL:e*ing to the left, hating a _-adjus of 316.63 4 feet, an zrc Iengt3l of 207.60 feet to a paint; thence aloz;g land 5 of Perinsylvanin Depar-,ment of Transportation nor~~h 43 degrees 25 5 minutes 31 seconds east, a distance of 134.76 feet to a point; 7 thence along she same nor-h 26 degrees 53 minutes 2B seconds 8 west, a distance of 544.42 foot to a point; thenco along the 9 sout2iern right-of-Way line of I-81, S.R.0081, north 63 degrees 1Q 15 minutes 26 seconds east, a distance of 741.36 feet to a 11 point; thence along the same on an arc of z curve curving to the 12 right, having a~radxus of 2,964.55 feat, an arc leng~~h of 247.75 13 feet to a point; thence along land of the estate of Ruth V. 14 Mi31er south 53 degrees C2 r:~inutes 19 seconds east, a distanca 15 of 657.79 feet to s point; thence along land of the Common~+enlth lb of PeAnsylvaria south 63 degrees 15 minutes 26 seconds west, z 17 distance of °=2.77 feet to a point; '-hence along the same south ,. 18 43 degrees 33 minutes 47 seconds west, a distance of 767.38 feet 14 to a point; ;hence along the eastern right-of-'way line of ri:st . 20 Stroet north 46 degrees 26 miruze$ 13 seconds west, a distance 21 of 100.00 feet to a point the point of beginr_ing. Said tract 22 contzins 775,012.50 sct~tart feet or 17.33 acres. ?3 section 2. The conveyance shall be made under and subject to 24 all easements, servitudes and rights o~ o:.hers, itaclucing, bu: 25 not confined zo, streets, roadways and rights of telephone, 26 telegraph, water, electric, Sewer, gas or pipeline co;apani¢S, as 27 well as upper and subject to any interest, estates or tenancies 26 vested in third persons, whether or not appeasing of record, for 29 any portion of ~,~e land or improvements erected on the land. 30 section 3. The deed of conveyance shall contain a clause - 2. - `a ..~;,- •~.;.7 1 BO 'd 'OK XEf~ i~ 6 i : OI NO~I LO-Z~-1~0 A • t ' 1 t':ai the prcperty co7veyed shall be Lsec for scholastic ana i 2 recreation pwrposes ay the Capjtai Area :nte:-med_ate Unit a.nd, 3 f ° at any t_me the Capital Aria I:ytermeG:&te Unit er i.s 4 successor ?:z function conveys the prope~y or pezmits .he 5 property to be used for any purpose other than those specified b in this sec :ion, the title to the property sha13. immediately 7 rtvezti to t:~e Common~realth. 8 Section 4. The decd of conveyance shall be approved as g provided~by law and shall be executed by the Secretary of 10 General ServiCQS in the name of thQ Commonwealth. ?1 Section 5. COSLS az~d fees incidental to the conveyance shall 12 be borne by ',.he grantee. 13 Sec~ion,6. This act shall take effect immediately. C9LB5VDL/19B8D00828 .. g 60 'd 'ON X~.~ Wd 6 I ~ 0 i NO~I LO-~Z-.100 om ~~ Q ' ~ r ~ . - h p r c _ A ry) ~ o 1 " p { ~ \' ~ a r' C? c;' D C. `; -~ri -r t `~ ,.,, c3 ~. ~ t N f ' _~ - cry `_:~ c.~ t a_ -~ ~=~ C7 ;y~ rn , ,+ -: ~ • • e __~ ~ ~,. A - . ~ _ .,C