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Home My WebLink About04-0705STIPULATION V. LIENS Cumberland County, Pennsylvania February 17, 2003 OWNER: CONTRACTOR: CONTRACTOR PARTIES: CONTRACT: GARDEN BRADLEY, LLC, a Delaware limited liability company, and MORRIS HAIMOWlTZ, an individual, both having an address c/o Bradley Associates, 225 N. Michigan Ave., 11 th Floor, Chicago, Illinois 60601 The Norwood Company Collectively, the Contractor and all subcontractors, sub- subcontractors, materialmen, and suppliers, and all persons acting for, through or under any of them. construction Agreement dated as of December 16, 2003 between Owner and Contractor. PROPERTY: PROJECT: 1 True Temper Drive Carlisle, PA A legal description of the Property is attached to this Stipulation as Exhibit A. 217,080 square foot expansion of the existing warehouse and distribution facility for Ames-True Temper. 1. For payment of the sum ofTen Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the Contractor for itself and all other Contractor Parties, hereby (a) stipulates and agrees that neither Contractor nor any of the other Contractor Parties shall file a mechanics' lien against the Property or any part thereof, or any buildings or improvements on the Property, for work done or materials furnished to the Project, and (b) waives and relinquishes any right which Contractor or any of the other Contractor Parties may have to file or maintain a mechanics' lien or claim against the Property or any part thereof, or any buildings or improvements on the Property, for work done or materials furnished to the Project. 2. The Contractor hereby represents and warrants that no work has been done and no materials or services have been furnished in the performance of the Contract as of the date of this Stipulation, and agrees that no work shall be done and no materials or services shall be furnished until this Stipulation has been filed of record in the Office of the Prothonotary of Cumberland County. 3. The stipulations and agreements contained in this Stipulation are independent of all other covenants and agreements of the Owner contained in the Contract or otherwise. 4. This Stipulation shall be effective with respect to work done and materials furnished under any supplemental contract or arrangement for extra work in connection with alterations and related improvements at the Property. 5. The Contractor, for itself and all other Contractor Parties, hereby irrevocably waives any right to jury trial in any action to strike or discharge any mechanics' lien or claim filed against the Property or any part thereof, or any buildings or improvements on the Property. claim: If the Contractor or any of the other Contractor Parties files any mechanics' lien or proceedings; the Owner shall have the right to discharge the lien by appropriate legal b. the Contractor shall be liable for, and shall indemnify and hold Owner harmless against all of the following: (collectively, "Owner's Damages"): i. all costs of discharging such lien, including, without limitation, all attorney's fees, surety bond premiums and other costs incurred in attempting to discharge or remove such lien; ii. all other damages and losses resulting from such lien. c. The Contractor shall reimburse the Owner for all Owner's Damages as they are incurred from time to time, immediately upon demand therefor. If the Contractor fails to do so, Owner may retain out of any payment then due or thereafter to become due to the Contractor an amount sufficient to reimburse the Owner for all Owner's Damages. The Contractor shall remain liable for any Owner's Damages not set off by Owner against payments due to the Contractor. 7. IN ORDER TO GIVE THE OWNER FULL POWER AND AUTHORITY TO PROTECT THE PROPERTY AND BUILDINGS AND IMPROVEMENTS ON THE PROPERTY AGAINST ANY AND ALL CLAIMS OR LIENS FILED BY CONTRACTOR OR ANY OF THE OTHER CONTRACTOR PARTIES, AND FULLY COMPREHENDING THE RELINQUISHMENTS OF CERTAIN RIGHTS, INCLUDING RIGHTS OF PRE-JUDGMENT NOTICE AND HEARING, CONTRACTOR FOR ITSELF AND ALL OTHER CONTRACTOR PARTIES HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF COMMON PLEAS OF THE COMMONWEALTH OF PENNSYLVANIA, IRRESPECTIVE OF WHETHER A DEMAND HAS BEEN MADE OF CONTRACTOR THAT IT CAUSE SUCH CLAIM OR LIEN TO BE REMOVED OR SATISFIED AT ITS EXPENSE, TO APPEAR AS ATTORNEY FOR IT, THEM OR ANY OF THEM IN ANY SUCH COURT AND IN ITS OR THEIR NAME OR NAMES, TO THE -2- EXTENT PERMITTED BY LAW, TO HAVE MARKED SATISFIED OF RECORD, AT THE COST AND EXPENSE OF IT OR OF ANY OF THEM, ANY AND ALL LIEN OR LIENS FILED IN VIOLATION OF THIS STIPULATION, OR TO CAUSE TO BE FILED AND SERVED IN CONNECTION WITH SUCH LIEN OR LIENS OR ANY PLEADING OR INSTRUMENT PREVIOUSLY FILED BY CONTRACTOR OR ANY OF THEM, TO INCORPORATE THIS STIPULATION THEREIN, AS PART OF THE RECORD, AND FOR SUCH ACT OR ACTS THIS STIPULATION OR A COPY OF THIS STIPULATION SHALL BE GOOD AND SUFFICIENT WARRANT AND AUTHORYI'Y AND SHALL BE CONCLUSIVE EVIDENCE OF THE AUTHORITY HEREIN CONTAINED TO WARRANT SUCH ACTION. CONTRACTOR, FOR ITSELF AND FOR ALL CONTRACTOR PARTIES, DOES HEREBY REMISE, RELEASE AND QUITCLAIM ALL RIGHTS AND ALL MANNERS OF ERRORS, DEFECTS AND IMPERFECTIONS WHATSOEVER IN ENTERING SUCH SATISFACTION OR IN FILING SUCH PLEADING, INSTRUMENT OR AMENDMENT, OR IN ANY WAY CONCERNING THEM. $. This Stipulation is made and intended to be filed with the Office of the Prothonotary of the county or counties in which the Project is located in accordance with the requirements of Section 402 of the Mechanics Lien Law of 1963 of the Commonwealth of Pennsylvania (49 P.S. Sec 1402), as amended and supplemented. 9. Each of the terms, provisions, covenants and conditions of this Stipulation shall, as the case may be, be binding upon and inure to the benefit of the Owner, the Contractor and all other Contractor Parties, and their respective heirs, executors, administrators, successors and assigns. -3- IN WITNESS WHEREOF, the Contractor acting by its duly authorized officers, and intending to be legally bound, has hereunto set its hand and seal as of the day and year first above written. (Corporate Seal) Attest: Nhme: M~ia Podhiny, Adm'{~fistrative Assistant CONTRACTOR: THE NORWOOD COMPANY Contractor's Address: 974 Marcon Boulevard Suite 220 Allentown, PA 18103-9514 To the Prothonotary: Please index this instrument in the name of the Owner as plaintiff and the Contractor as defendant, and also in the name of the Owner as defendant and the Contractor as plaintiff. -4- Exhibit A ALL THAT CERTAIN lot, pamel, tract of land lying and being situated in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as fellows, to wit: Beginning at the southeastern most corner of the site, at a corner in the northern right-of-way of Ames, said point being the POINT OF BEGINNING; thence S.81 °54'46"W., a distance of 104.13 feet, thence; Along a non-tangent curve to the right, of which the radius point lies N.08°04'03"W., a radial distance of 15.00 feet; thence northwesterly along the am, through a central angle of 93°13'39'', a distance of 24.41 feet, thence; Along a reverse curve to the left having a radius of 70.00 feet and a central angle of 199°40'38"; thence westerly along the arc, a distance of 243.95 feet; thence; S.81 °57'34"W., a distance of 221.20 feet; thence; S.25°04'32"E., a distance of 225.03 feet; thence; S.81°54'38"W., a dietance of 1,326.63 feet; thence; S.08°02'05"E., a distance of 557.82 feet; thence; S.44°15'39"W., a distance of 995.79 feet; thence; N.15°55'35"W., a distance of 905.19 feet; thence; S.82°47'06"W., a distance of 369.88 feet; thence; N.08°35'51"W. a distance of 852.58 feet; thence; N.83°11'58"E. a dietance of 243.47 feet; thence; N. 13°33'02"W. a distance of 464.64 feet; thence; N.76°26'58"E. a distance of 250.00 feet; thence; N.79°27'43"E. a distance of 1,990.89 feet; thence; S,55°32'17"E. a distance of 96.84 feet, thence; Along a non-tangent curve to the left, of which the radius point lies S.57°52'53"E., a radial distance of 70.00 feet; thence southeasterly along the arc, through a central angle of 14102154", a distance of 172.71 feet; thence; N.70°45'I2"E., a distance of 367.11 feet; thence; S.19°14'48"E., a distance of 111.95 feet; thence; S.10°32'17"E., a distance of 499.50 feet; thence; N.79°27'43"E., a distance of 49.65 feet; thence; S.08°04'51"E., a distance of 224.66 feet to the POINT OF BEGiNNiNG. Containing 3,908,424.69 square feet or 89.7251 acres, more or less. THE ABOVE DESCRIBED LOT being as shown on the plan entitled "Overall Existing Features Plan, Ames-True Temper Warehouse Addition" as prepared by Liberty Engineering, latest revision dated August 8, 2003.