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HomeMy WebLinkAbout03-57810CT. 27.2003 4:29PM S.S.B.& C. HS[,P~.17110 N0.787~ P. 3/5 GERALD L BOAR.MAN, II, P~intLff LOBAR ASSOCIATES, INC., D~fe~dant CIVIL ACTION - LAW 03-57 IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PBNNSYLVANIA WAIVER OF LmNS WHERBAS, by ~t dated May 19, 2003, GHRALD J. BOARMAN, II ("Owner/Borrower") contrected with LOBAR ASSOCIATBS, INC. ("Contractor") for work and services relating to tim construction and construction supervision of a project upon the real estate described o~ Exhibit "A" attached hereto ma made a part hereof; and WJq'~KEAS, the project is to consist of the construction of a co,~,va~rcial office/warehouse building on property in, Lower Allen Township, Cumherlsna County, Pennsylvania, described on Bxln'bit "A" attached hereto, mom fully detailed in tl~ construction contract de. scribed above; and WI~R.BAS, Manut'acturea's and Traders Trust Company has f~greed to lend and advaucc Five Hundred Thousa~l Dollars ($500,000.00) to Owner/Borrower to finance such construction in consic~ation of, among other things, the execution of this Waiver. NOW, THERI~ORE, Contractor, INTBNDING TO BI:. LBGALLY BOI. rND HEREBY, s~d before any authority ha~ been given to the said Contractor by Owner/Borrower or any other ~erson to commmr~ any work on the said Project or to purchase materiids therefor, does hereby, for ontractor and for any and all subcontractors, materlalm~ ~mployees and parties ectinE or claiming for, through or under Contractor, covenant and ag~:~ with Owner~orrower and Manufacturers and Traders Trust Company that no mechunies' licas or claims shall b~ filed or maintained agsivgt the above-described real estate, or the building or i .mln'ovements to be erected thereon, for or on account of any work done or materials furnished under said agreenznt or ,meier any supplemental contract, verbal or writtan, or contract for extra work in or about the emotion, construe'don and completion of said project, or otherwise; and Contractor, for Contractor md any and all subcontractors, rnam employees and partes acting or claiming ~ugh or unc~r Contractor, hereby expressly waives and relinquisl~s tl~ right to have, file or maintain any mec~unies' liens or claims against said read estat~ or buildings or improvements. ThLs agreement waiving the fight of lien shall be an indepandent covenant and shull operate and be mTective as well with respect to work done ~ materials furnished under any SUl~lemental contract for extra work in the erection, con~uuction, supervision and complatio,, of tl~ said project as to any work and labor done and materials fur~i.~hed under said agreement, 0CT. 27.2003 4:30PM :LS.B.& C. Hb~,P~.!7110 N0.7879 P. In order to give Owner/Borrower and Msaufacturers and ~-~ler s Trust Company fullpower sad aut~rity to prote~t the said real estate ancl buildings or any of them against any and all mechanics' liens or claims filed by Contractor or anyone act~ or clai~in~ for, through or u~der Contractor or in violation of t~s agreement, Contractor, for itself a~d all such aforesaid subcontractors, materialm~ employees and p~t/es act~ag or claiming for, through or u~ter Contractor, hereby irrevocably ant~s sacl empowers say attorney of any Court of Co of the Coma~oaweaith of ?e~ytvau/a, or any attorney of any other court or j~isaiction t~re or eMewber¢, to ~pear in any sa~l courts or jurischcUons for Contractor ~ mark sa~fied of record, at the cost sad expense of Contractor, or auy tach subcontractor, materialman, employee or party, any and all claim or c]a~m~, ~ or ~ filexl by or for Contractor or in its or their name age'et the said real e~tate, 'ouikl~s; a copy of this Agreement, sad a reference to the court, term and nurn~ or place in which this agreement ancl waiver shail have been filed shall be sufficient exl~oit of the authority herein coatained to w arrant such action; sad Contractor, for itself sad all suchpar~ies, does hereby rem~e~ release and qukela~n u~to Owner/Bon'ower sad Msaufaeturers anti Traders Trust Company, and their ~l each of the/r certain attorney or attorneys, any and all ~ner of errors, defects and impeneection~ whatsoe~r in entering such satisfaction or anywise touching or concerning the same. This a~-eement and waiver is made a~d intendecl to be filed with the Prothonotary of the Court of Common Ple~s of Ctmaberlsad County, ?~ylvanla, or other proper place/n which the above-described lauds are located. It is expressly understood that the foregoing waiver ~ all oftha prov~ions ~ remedies herein containea ~hall be available to ~ for the protection of Manufacturers and ~raders T~st Compauy, m~rtgagcc of said prer~iees, its successors or a~signs. In the event Contractor consists of more than one person, finn or corpora~on, tl~ undertak/ngs ~er of e~h of such~s~, f~ or co~ra~ ~be jolt ~ sev~ ~d word "Conu~tor" ~ ~ or so~ or ~y of~ For ~ ~s~ offs a~t ~d w~, ~ s~g~ s~ be d~ to ~ ~ p~ ~ ~ ~ut~ s~ be ~e~d to ~l~e ~e ~d fe~e, ~ ~ context ~y r~. ¢~ IN W~TNI~S,~OF, Contractor has hereunto signed sad sea~t these presents this · ~' day of (~d~O ~*~' ,2003. OWNBR/BORROWER: Gerald $. Boammu, II ATTE~T~ CONTRACTOR: LOBAR A$SOCIA _~INC. 2 Exhibit A ALL THAT CERTAIN piece, parcel or tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a reference point, said point being located at the northeast right-of-way intersection of Hartzdale Drive (an 80 foot right-of-way) and St. Johns Road (a 60 foot right-of-way); thence along the eastem right-of-way of St. Johns Road North 07 degrees 26 minutes 34 seconds West a distance of 245.19 feet to a point, said point being THE POINT OF BEGINNING; thence from said POINT OF BEGINNING continuing along the eastern right-of-way of St. Johns Road the following courses and distances: North 07 degrees 26 minutes 34 seconds West a distance of 22.56 feet to a point; Thence along a curve to the right with a radius of 607.29 feet and an arc length of 401.00 feet, said arc having a chord bearing of North 11 degrees 28 minutes 26 seconds East and a chord length of 393.76 feet to a point; Thence North 30 degrees 23 minutes 26 seconds East a distance of 66.11 feet to a point; Thence along the southwestern property line of lands now or formerly of J.H. Quentin Beisel South 60 degrees 08 minute 46 seconds East a distance of 395.79 feet to a point thence along the western property line of lands now or formerly of Marlin E. & Joan K. Ditmer South 08 degrees 56 minutes 04 seconds East a distance of 113.31 feet to a point; thence along the northern property line of Lot #1 of lands now or formerly of Susquehanna Valley Federal Credit Union South 75 degrees 35 minutes 32 seconds West a distance of 495.05 feet to a point said point being the POINT OF BEGINNING. SAID tract contains 3.054 acres (133,020.59 sq. ft.), being depicted as Lot No. 2 on the Final Subdivision Plan for Susquehanna Valley Federal Credit Union - Lots itl and/f2 prepared by J. Michael Brill & Associates, Inc., recorded in the Office of the Recorder of Deeds at Cumberland County, Pennsylvania in Plan Book 81, page 119.