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HomeMy WebLinkAbout09-13970 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6y' I3 `I CIVIL TERM : EMINENT DOMAIN PROCEEDING IN REM DECLARATION OF TAXING Pursuant to the authority granted to it at 35 P.S. 1709 of the Urban Redevelopment Law, and based on the provisions of Chapter 3, Section 302, of the Eminent Domain Code, 26 Pa.C.S.A. §302, the Redevelopment Authority of the County of Cumberland, respectfully represents that: 1 The Condemnor is the Redevelopment Authority of the County of Cumberland. The address of the Condemnor is: 2 Redevelopment Authority of the County of Cumberland 114 North Hanover Street Suite 104 Carlisle, PA 17013-2445 3 The Redevelopment Authority of the County of Cumberland is authorized by 35 P.S. § 1709 (a) of the Urban Redevelopment Law to acquire by eminent domain any property located in a redevelopment area. 4 The Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, on September 12, 2007, certified as a redevelopment area that portion of the Borough of Shippensburg, Cumberland County, Pennsylvania described as the Walnut Bottom Redevelopment Area (hereinafter the "Walnut Bottom Road Redevelopment Area"), which included four (4) parcels one of which is the Premises hereby condemned and hereinafter described (hereinafter the "Premises"). 5 A Schedule of Property Condemned identifying and specifying the location of the Premises is attached hereto as Exhibit "A" and made a part hereof. 6 The Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, on September 20, 2007, certified as a redevelopment area the Walnut Bottom Redevelopment Area, which included the Premises. 7 The Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, on June 11, 2008 adopted a Redevelopment Area Plan for the Walnut Bottom Road Redevelopment Area and certified to the Borough of Shippensburg Council a Redevelopment Plan Proposal prepared by the Condemnor for the redevelopment of the Premises. 8 The Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, on June 19, 2008, adopted a Redevelopment Area Plan for the Walnut Bottom Road Redevelopment Area and certified to the County of Cumberland Commissioners a Redevelopment Plan Proposal prepared by the Condemnor for the redevelopment of the Premises. 9 The Borough of Shippensburg Council, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, after public hearing on August 5, 2008, approved the Redevelopment Plan Proposal and the form of a Redevelopment Agreement for the redevelopment of the Premises. A copy of the proof of publication for said public hearing is attached hereto as Exhibit "B" and incorporated herein. 10 The County of Cumberland Commissioners, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, after public hearing on August 21, 2008, approved the Redevelopment Plan Proposal and the form of a Redevelopment Agreement for the redevelopment of the Premises. A copy of the proof of publication for said public hearing is attached hereto as Exhibit "C" and incorporated herein. II The interest in the Premises hereinafter described is hereby condemned in fee simple or absolute title by the Condemnor pursuant to the Urban Redevelopment Law at 35 P.S. 1712, as authorized by Resolution adopted by the Condemnor on the 12,' day of September, 2008. A copy of the Resolution is attached as Exhibit "D." The original Resolution may be examined at the offices of the Condemnor at the above address. 12 On the same day as this Declaration is being filed with the Prothonotary, a Notice of Filing of Declaration of Taking is being filed in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in accordance with Section 304 of the Eminent Domain Code, 26 Pa.C.S.A. §304. 13 The purpose of the acquisition of the Premises is for redevelopment pursuant to the Urban Redevelopment Law of 1945, P.L. 991, as amended, and as authorized by Resolution adopted by the Condemnor on the 12th day of September, 2008 14 The name or names of any mortgagee(s) or lienholder(s) of record are: Edgar J. Rosenberry 8997 131 S` Place North Largo, Florida 33773-1411 15 The Condemnor files with this Declaration an open-end bond without surety pursuant to Section 303(A) of the Eminent Domain Code, 26 Pa.C.S.A. §303(A). Just compensation is made or secured by the filing of the bond. A copy of the bond is attached as Exhibit "E ATTEST: Secretary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By C 'rman Hubert X. Gilroy, Ef Attorney for Condemnor MARTSON DEARDORFF Wl 10 East High Street Carlisle, PA 17013 (717) 243-3341 e IAMS OTTO GILROY & FALLER I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4909, relating to unworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By Christo her Gulotta Executive Director FAHOUSTOMShippensburg Redevelopment Dec of Taking. doc •s RECYCLED PAPER to 4) RECYCLABLE IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-33 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM : EMINENT DOMAIN PROCEEDING : IN REM SCHEDULE OF PROPERTY ALL THOSE CERTAIN three (3) units in the property known, named and identified in the declaration referred to below as "Leeann Condominium" located in the Borough of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, the units' proportionate percentage interests in the common elements, and the withdrawable and convertible real estate, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 P. S. 3101, et. seq., by the recording in the Cumberland County Recorder of Deeds Office of the declaration dated December 4, 1996, and recorded December 6, 1996, in Misc. Book 536, Page 401 and identified as Tax Parcel Numbers 32-33-1869-125, 32-33-1869-125-U1, 32-33-1869- 125-U2, and 32-33-1869-125-U3. Names/Addresses of Condemnees JAYDIP, Inc. 805 Acri Road Mechanicsburg, PA 17050-2231 Location of Property Deed Book 253 p. 1385 Misc. Book 536, p. 401 Deed Book I-23, p. 711 Leeann Condominium Association, Inc. C/O American Micro Tech, Inc. 8997 131" Place North Largo, FL 33773-1411 Leeann Corporation C/O American Micro Tech, Inc. 8997 131" Place North Largo, FL 33773-1411 Misc. Book 536, p. 401 Deed Book I-23, p. 711 Misc. Book 536, p. 401 Deed Book I-23, p. 711 EXHIBIT A RkC 'C I.I fJ PA PfN uec??i>au RESOLUTION NO. 08-011 RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF SHIPPENSBURG FOR THE APPROVAL OF A REDEVELOPMENT PLAN PROPOSAL FOR A PORTION OF THE WALNUT BOTTOM ROAD REDEVELOPMENT AREA WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, as amended, on August 21, 2007, certified as a redevelopment area that portion of the Borough of Shippensburg, Pennsylvania (hereinafter referred to as the "Borough") described as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on September 20, 2007, certified as a redevelopment area that portion of the Borough as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, on June 11, 2008, adopted a Redevelopment Area Plan for the redevelopment of the Walnut Bottom Road Redevelopment Area and certified to the Borough Council of the Borough of Shippensburg its recommendation for the approval of a Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area, being all that certain tract of land situate in the Boro ugh of Shippensburg, Cumberland County, Pennsylvania containing three units of condominium and common elements with Tax Parcel Nos. 32-3- 1869-125; 32-33-1869-125- U1; 32-33-1869-125-U2; and 32-33-1869-125-1-13. WHEREAS, on August 5, 2008, the Borough Council of the Borough Shippensburg held a public hearing upon the Redevelopment Plan Proposal for the redevelopment of the premises described in the Redevelopment Plan Proposal; and WHEREAS, the Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area contains the form of a redevelopment contract for the redevelopment of the premises described in the Redevelopment Plan Proposal. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Shippensburg that it approves the Redevelopment Plan Proposal as submitted and that the redevelopment contract contained in the Redevelopment Plan Proposal is found to be in substantial conformity with the Redevelopment Plan Proposal and that the Redevelopment Authority is authorized to execute the said redevelopment contract. Exhibit "B" I HEREBY CERTIFY that the foregoing is a true and correct copy of the Resolution adopted by the Borough Council of the Borough of Shippensburg at its meeting held on August 5, 2008. ATTEST: BOROUGH COUNCIL OF THE BOROUGH OF SHIPPENSBURG SecretaryBY P sident SEAL PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson Classified Maria er of The Sentinel, of the County and State aforesaid, being duly swom, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 131h, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): July 11, 18, 25, 2008 COPY OF NOTICE OF PUBLICATION PUBLIC HEARING ? The Borough CouncN Monday,August5,2006, of theat7 ro wig hold a public hearing on rp M S 11 t North Faytt Count Meeting Room, Redevdopmen pial Prt ?? PA 17257, to receive public comment on a Courriy of Cumberland for a ro of an a?rw Redewt lopmernt Authority of the Roar ptsdsvyopmant Ares locabd in the Sed the Wanut Bottom County, PsnnrryNanIs, more particularly bout described aro'I0pu nand ALL THAT CERTAIN "dot land shoats in the Borough of Sh?'ppensburg, Cumberland County, Pennsylvania, bounded and described as claws: BEGINNING at a point on the southerly right of way line of Walnut Bottom Road said also being the WOO" property line, of Tax Parcel No. 32.33.1""' ' 25 se ahoyim on ?nappk of the Cumberland County Board of Assessment THENCE, proceeding in an east" direction along said soul" nw 01 kr*nectlonwNh the Bottom Road lo the point of nonhwegferpy right exioxfod; THENCE, proceeft Of way Brie of East orange Street.: In a southwesterly direction along said no0wastarlY 09M Of way Mae of across Craig ii to th Eset Orange sheet and across and poled of kHYrsect>on with the southwesterfy'- we" Property line of Tax ParoM o. 32-33-18W Ift THENCEiIns proceeding in a of Tax Parcel No. 3 -39-1889 a225, b the Point of Interr s ctio nn with right of the southerly way Ww of Walnut Bottom Road, the point of BEGINNING. parcel Containing thise units Parcel of condominium and aommom elements with Tax, s oa. 32-33-1869-125; 32-33-1869-125-U1; 32-33-1809-125-U2, and 32.33-1869-125-U3. At the public hsarinJ the Borough Council of the Borough of Shippensburg shag afford an opportunity to all persons or agencies interested to be heard and shag receive, make known, and consider recommendations in writing with reference to the Redevelopment plan proposal. The Redevelopment Plan Proposal with such maps, plans, redevelopment contracts or offnsr documents that form part of said proposal, together with the recommendations, mmendations, it any, of the Borough of Shippensburg Planning Commission Shippena?e I I its North FayetStreett, In ppap eect b PABorough of Shirg 17257. Written comments will be received until 4:00 P.M., Monday, August 4, 2008, and should be directed to William Wolfe, Manager, Borough of Shippensburg, P.O. Box 129, nts?nsburg, PA 17257. Persons with disabilities or non-English speaking hearing on August 5, s wWft lo receive special accommodations in order to participate at the public i August 5, 2000. MD users acshould cess this tnumbMr. er olfutby 4: the PA Relay Tuesday, Service at 1-800.654.5984. Christopher Gulotta Executive Director Redevelopment Authority of the Counthy of Cumberland Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. lV Sworn to and subscribed before me this 28th day of July 2008. -12 ?uj AO Nota y Public My commission expires: NIOW K SEAL BONrK A CAMP Notify Puble CART ISLE BOROUGH, C RIAND COON W My CommI111 on Explrfs Jun B, 2009 ,s RECYCLED PAPER J RECYCLARLL C aaa?- aF RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF CUMBERLAND FOR THE APPROVAL OF A REDEVELOPMENT PLAN PROPOSAL FOR A PORTION OF THE WALNUT BOTTOM ROAD REDEVELOPMENT AREA WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, as amended, on August 21, 2007, certified as a redevelopment area that portion of the Borough of Shippensburg, Pennsylvania (hereinafter referred to as the "Borough") described as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on September 20, 2007, certified as a redevelopment area that portion of the Borough as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, on June 11, 2008, adopted a Redevelopment Area Plan for the redevelopment of the Walnut Bottom Road Redevelopment Area and certified to the Borough Council of the Borough of Shippensburg its recommendation for the approval of a Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area, being all that certain tract of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania containing three units of condominium and common elements with Tax Parcel Nos. 32-33- 1869-125; 32-33-1869-125- U1; 32-33-1869-125-U2; and 32-33-1869-125-U3; and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on June 19, 2008, adopted a Redevelopment Area Plan for the redevelopment of the Walnut Bottom Road Redevelopment Area and certified to the County Commissioners of the County of Cumberland its recommendation for the approval of a Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area, being all that certain tract of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania containing three units of condominium and common elements with Tax Parcel Nos. 32-33- 1869-125; 32-33-1869-125- U1; 32-33-1869-125-U2; and 32-33-1869-125-U3; and WHEREAS, the Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area contains the form of a redevelopment contract for the redevelopment of the premises described in the Redevelopment Plan Proposal; and Exhibit 110 WHEREAS, on August 5, 2008, the Borough Council of the Borough of Shippensburg held a public hearing upon the Redevelopment Plan Proposal for the redevelopment of the premises described in the Redevelopment Plan Proposal and adopted a resolution approving the Redevelopment Plan Proposal and finding that the redevelopment contract in the Redevelopment Plan Proposal is found to be in substantial conformity with the Redevelopment Plan Proposal and that the Cumberland County Redevelopment Authority is authorized to execute the said redevelopment contract. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Cumberland that it approves the Redevelopment Plan Proposal as submitted and that the redevelopment contract contained in the Redevelopment Plan Proposal is found to be in substantial conformity with the Redevelopment Plan Proposal and that the Cumberland County Redevelopment Authority is authorized to execute the said redevelopment contract. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Resolution adopted by the Board of Commissioners of the County of Cumberland at its meeting held on . Z_ 20 OFA ?HE OCOJdN ? MOFPUM ERLAND By A lL T v a FAHOUSTOWShippensburg RedevlopmentMB Co Resolution.doc 2 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson Classified Mana er of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): uly 24 31 Aueust 7 2008 COPY OF NOTICE OF PUBLICATION P g rr?WA8W NDTt The Board of Commissioners of to Cou on ThursdaY. at 21, 2 nty of Cumberland wio hold a public ti ' Hearin hearing on RSwnd F , CZ!ho ise, Carlisle. PA 17013 , to receive public the Coin ?msW Plan proposal comment prepared by the R Road RM"lopmM t Area located in ths an aide dealppnnsted umthe Walnut?Bottom county. PennaYhranla, more gam Borough of SMppensburg, Cumberland larlY bounded and described as follows: ALL THAT CERTAIN tract of land oft ate in the SON "IN ShI naburg, Cumberland County. Penneyh aala, bounded and dperlbed as Mlows: BEGINNING ppat tt ? t on to southerly right of way one of Walnut Bottom 32.33•tgp.125 saeaho dY prop"- Tins of Tax Parcel No. Assessment; THENCE, Ina n" umberland County Board of fe" Intersection atl p Z = Soft* Road to ?t of said WNh ex wow tended: THEA?NhC?E,??Of Way ? of East Orange Street, Su p t Of way Stn i ad nod ac r ?Id M line tlai xP&MW N0•? IOW125: THENCMMY E =of ' in nor party thwesterly Plo. 32.33-1125, to point Of la ? Me southerly way one of Walnut Botiom Road, the point of BEGINNING. right of Containk- th ared nd 32 32ree unfw of condominium and common eNments with Tax Parcel Nos. 32,93.1-1,13. ; 32-33'1 -33.1t)lig-125 88g6125•Ut; 32-33-1888.125-U2: I At the public hearing, the Bab of CIO Of the County Of Cumerland eceive n mesa known, oppo n, to and d puns or agerInterested to be heard band a allhall the Redevslopm consider emendations In writing with reference to em Plan Proposal, The other mentta Plan that Part or titer documents Proposal with ?ch maps, plan reawlopment contracts Pr I rog her e daft Is s, deoabla ro Cu?mcblerlanduCcar, PlannkV Commission and Red ve rtpportlg data Is av pu iopment Authority, 114 North Ham at the Qumberfand County hover Street, Carlisle, PA 17013. Written comments will be received until 4:00 P.M., Wednesday, August 20,200 should be directed to Dennis Marion, Chief operating Officer, County of 8, and Cumberland, Cou ing es Carlisle, PA 17013. Personswith disabilities or o non-English speaking residents Public wishing ro receive sPeclaI a?mmodations rder r. to Marion n by 4 by 4:00 Participate at the Publlo hearing on August 21, 2008, M P.M. on Wednesday, Au number by utilizing the PA Relay Servkegustat1 20, 2008. TDD -5884. users miay in this access 800.854 Christopher Guiotta Executive Director Redevelopment Authority of the County otCumberland Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. "t c l Sworn to and subscribed before me this 7? day of quest 2008. a 2 - 2ZdL Notary blic My commission expires: NOWK SEM BONMA A CANUp CART ISLE BOROUGH. CUNWERL" COUW My CwMikilon Exppea Jun S. 2009 ?? RECYCIED P R W RECYQ LE RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AUTHORTY OF THE COUNTY OF CUMBERLAND WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, as amended, on September 12, 2007, certified as a redevelopment area that portion of the Borough „ of Shippensburg, Pennsylvania (hereinafter referred to as the Borough) described as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on September 20, 2007, certified as a redevelopment area that portion of the Borough known as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, on June 11, 2008, adopted a Redevelopment Area Plan for the redevelopment of the Walnut Bottom Road Redevelopment Area and certified to the Borough Council of the Borough of Shippensburg its recommendation for the approval Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area, being all that certain tract of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania containing three units of condominium and common elements with Tax Parcel Nos. 32-33- 1869-125; 32-33-1869-125- U1; 32-33-1869-125-U2' • and 32-33-1869-125-U3 (the "Premises"); and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on June 19, 2008, adopted a Redevelopment Area Plan for the redevelopment of the Walnut Bottom Road Redevelopment Area and certified to the County Commissioners of the County of Cumberland its recommendation for the approval of a Redevelopment Plan Proposal for the redevelopment of the Premises; and WHEREAS, the Redevelopment Plan Proposal for the redevelopment of the Premises contains the form of a redevelopment contract (the "Redevelopment Contract") for the redevelopment of the premises described in the Redevelopment Plan Proposal by The Vigilant Hose Company of Shippensburg; and WHEREAS, on August 5, 2008, the Borough Council of the Borough of Shippensburg held a public hearing upon the Redevelopment Plan Proposal for the redevelopment of the premises described in the Redevelopment Plan Proposal and adopted a resolution approving the Redevelopment Plan Proposal and finding that the Redevelopment Contract in the Redevelopment Plan Exhibit "D" Proposal is found to be in substantial conformity with the Redevelopment Plan Proposal and that the Redevelopment Authority of the County of Cumberland (the "Authority") is authorized to execute the said Redevelopment Contract; and WHEREAS, on August 21, 2008 the Board of Commissioners of the County of Cumberland held a public hearing upon the Redevelopment Plan Proposal for the redevelopment of the premises described in the Redevelopment Plan Proposal and adopted a resolution approving the Redevelopment Plan Proposal and finding that the Redevelopment Contract in the Redevelopment Plan Proposal is found to be in substantial conformity with the Redevelopment Plan Proposal and that the Authority is authorized to execute the said Redevelopment Contract; and WHEREAS, the Authority desires to execute the Redevelopment Contract and to proceed with the acquisition of the Premises. NOW, THEREFORE, BE IT RESOLVED, that the Authority does hereby declare that the Walnut Bottom Road Redevelopment Area is blighted and that a majority of the units of property that are located in the Walnut Bottom Road Redevelopment Area meet any one of the following criteria: A premises, which, because of physical condition or use, is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with the municipality housing, building, plumbing, fire or related codes. 2. A premises which, because of physical condition, use or occupancy, is considered an attractive nuisance to children. 3. Three or more of the following characteristics exist on a unit of property in the Walnut Bottom Road Redevelopment Area: a. Unsafe or hazardous conditions. b. Unsafe external and internal accessways. c. The property is vacant. BE IT FURTHER RESOLVED by the Board of Directors of the Authority that it approves the execution of the Redevelopment Contract with The Vigilant Hose Company of Shippensburg, a Pennsylvania non-profit corporation that meets the definition of an institution of purely public charity 26, 2007 (P.L. 508, No. 55), known as the Institutions nof PurelycPublic Chaber Act. ity BE IT FURTHER RESOLVED, that the Authority approves the execution of an Addendum To and Partial Assignment of Redevelopment Agreement that provides for a partial assignment of the Redevelopment Contract with The 2 Vigilant Hose Company of Shippensburg to Shippensburg Area Emergency Medical Services, Inc., a Pennsylvania non-profit corporation that meets the definition of an institution of purely public charity pursuant to the Act of November 26, 2007 (P.L. 508, No. 55), known as the Institutions of Purely Public Charity Act. BE IT FURTHER RESOLVED, that upon finding that the Premises is a blighted property that is located in the Walnut Bottom Road Redevelopment Area, and in need of redevelopment in accordance with the Redevelopment Area Plan Proposal, the Authority does further select and appropriate for acquisition and disposition in accordance with the Redevelopment Contract and with law the Premises, which are more fully described, as follows: ALL THOSE CERTAIN three (3) units in the property known, named and identified in the Declaration referred to below as "Leann Condominium," located in the Borough of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, the units' proportionate percentage interests in the common elements, and the withdrawable and convertible real estate, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 P.S. 3101, et seq. by the recording in the Cumberland County Recorder of Deeds Office of the Declaration dated December 4, 1996 and recorded December 6, 1996 in Miscellaneous Book 536, page 401. EXCLUDING THEREFROM all real estate condemned by the Commonwealth of Pennsylvania pursuant to eminent domain proceedings filed at 08-2404 Civil Term in the Court of Common Pleas of Cumberland County on April 15, 2008. BE IT FURTHER RESOLVED, that the Authority shall offer to purchase the Premises from the owners thereof in lieu of condemnation or, in the alternative thereof, acquire the Premises in accordance with the Pennsylvania Eminent Domain Code. BE IT FURTHER RESOLVED, that the title to the Premises acquired shall be absolute or fee simple title, including all easements, rights of way, and real property interests of whatsoever nature. BE IT FURTHER RESOLVED, that counsel for the Authority and its officers are hereby authorized to file a Declaration of Taking and such other proceedings, including the entry of such bond as may be necessary or desirable, to carry out the purpose of this resolution. BE IT FURTHER RESOLVED, that the institution of any eminent domain proceedings, and any such damages which may be agreed upon or awarded to 3 any party in interest shall be paid out of the funds of the Authority and that the Authority shall be compensated therefore pursuant to the Redevelopment Contract. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Resolution adopted by the Board of Directors of the Redevelopment Authority of the County of Cumberland at its meeting held on September 12, 2008. Date: September 12, 2008 Redevelopment Authority of the County of Cumberland By C - -?` = Christopher Gulotta, Secretary FAHOUSTOWShippensburg Redevlopment\RA Shipp Res.doc 4 11.5.07/4.30.08 REDEVELOPMENT AGREEMENT BETWEEN REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND AND THE VIGILANT HOSE COMPANY OF SHIPPENSBURG FOR THE DEVELOPMENT OF 20 AND 22 WALNUT BOTTOM ROAD, SITUATE IN THE WALNUT BOTTOM ROAD REDEVELOPMENT AREA LOCATED IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA TAX PARCEL NUMBERS: 32-33-1869-125-U1 32-33-1869-125-U3 AND ALL APPURTENA AND NT COMMON ELEMENTS AND CONVERTIBLE AND WITHDRAWABLE REAL ESTATE THIS AGREEMENT entereq into as of the day of 200_, by and between the REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, a body corporate and politic, incorporated under the laws of the Commonwealth of Pennsylvania, with offices at 114 North Hanover Street, Carlisle, Pennsylvania 17013 (hereinafter referred to as the "Authority") and The Vigilant Hose Company of Shi with offices at 129 East King Street, Ppen Shippensburg, Pennsylvania 1725 17257 (hereinafter referred to as the "Redeveloper"). WITNESSETH: WHEREAS, the Authority is a public body and a body corporate and politic duly created and organized pursuant to and in accordance with the provisions of the Urban Redevelopment Law of May 24, 1945, of the Commonwealth of Pennsylvania, as amended; and is duly authorized, exercise the right of eminent domain, to purchase and acamong other quire real estate to clean buildings and other improvements therefrom, to enter into agreements with others, and to convey real estate to others, all for the purposes of redevelopment of real estate and the elimination of blighted areas; areas which are inadequately planned; excessive land coverage; inadequate light, air and open space; defective design, construction, street pattern and lot layout; and economically and socially undesirable land uses, and in connection therewith to take all such action as is provided for herein; and WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, on September 12, 2007, certified as a redevelopment area that portion of the Borough of Shippensburg, Pennsylvania (hereinafter referred to as the "Borough") described as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on September 20, 2007, certified as a redevelopment area that portion of the Borough as the Walnut Bottom Road Redevelopment Area; and WHEREAS, on June 11, 2008 the Borough Planning Commission adopted a Redevelopment Area Plan making recommendations for land uses, standards of population densities, land coverage, zoning changes, street layout and street changes, and other details as therein set forth for the redevelopment of the Walnut Bottom Road Redevelopment Area (the "Redevelopment Area Plan") and certified to the Borough of Shippensburg Council (the "Borough Council") a Redevelopment Plan Proposal prepared by the Authority for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area, being the hereinafter described real estate (the "Redevelopment Plan Proposal"); and WHEREAS, on August 5, 2008 the Borough Council approved the Redevelopment Plan Proposal and this Redevelopment Agreement (the "Agreement"), which the Borough Council found to be in substantial conformity with the Redevelopment Plan Proposal; and WHEREAS, on June 19, 2008 the Cumberland County Planning Commission adopted the Redevelopment Area Plan and certified to the County of Cumberland Commissioners (the "County Commissioners") the Redevelopment Plan Proposal; and WHEREAS, on August 21, 2008 the County Commissioners approved the Redevelopment Plan Proposal and this Agreement, which the County Commissioners found to be in substantial conformity with the Redevelopment Plan Proposal; and WHEREAS, the Redeveloper is authorized to enter into this Agreement and to acquire real estate for the purposes hereinafter described; and WHEREAS, the Authority has authorized the execution, delivery and recording of this Agreement pursuant to appropriate Resolution of the Authority adopted September 12, 2008. WHEREAS, it is the purpose of this Agreement to eliminate the blighted conditions and to increase the land values in the Walnut Bottom Road Redevelopment Area by eliminating economically and socially undesirable land 2 uses, for the promotion of the health, safety, convenience and general welfare of the citizens of the Borough and the County of Cumberland, wherein the Borough is located. NOW, THEREFORE, the parties hereto, INTENDING TO BE LEGALLY BOUND, in consideration of the mutual undertakings, agree as follows: ARTICLE I SALE AND CONVEYANCE OF THE PREMISES 1.1 The Premises. The real estate covered by this Agreement is identified on Exhibit "A" attached hereto and incorporated herein by reference and consists of approximately 3.2 acres of land situate along Walnut Bottom Road and East Orange Street in the Borough of Shi Pennsylvania, known as 20 and 22 Walnut Bottom Road, with tax be Cumberland, numbers: 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869-125-U3 (hereinafter referred to as the "Premises"). 1.2 Title. Subject to the Conditions Precedent set forth in Article II of this Agreement, the Authority, shall acquire good and marketable title to the Premises, such as will be insured by at least one reputable title insurance company in the County of Cumberland at regular rates and thereafter shall convey title to the Premises to the Redeveloper by special warranty deed, which deed shall be delivered at settlement; subject to the terms and conditions of this Agreement, the provisions of the Redevelopment Area Plan and Redevelopment Plan Proposal; as well as applicable zonind the Borough and the County of Cumberlan, planning and building regulations of 1.3 Preparation of Deeds. The Authority shall prepare the deed to the Premises and appurtenant easements at the Authority's own cost and expense. 1.4 Recordation of Instruments. The Authority shall have this Agreement, in its entirety, recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania immediately following the recordation of the deed delivered in accordance with this Agreement, which recordation shall be the responsibility of the Authority and shall take place immediately after settlement. 1.5 Price. The consideration that Redeveloper shall pay to the Authority for the Premises shall be an amount equal to either: (A) The consideration paid by the Authority for the Premises by amicable transfer of title from the current record owners of any right, title, or interest in the Premises (the "Record Owners") (the "Amicable Acquisition Price"); or 3 (B) In the event the Premises is acquired by the Authority 'by condemnation pursuant to its power of eminent domain (the "Eminent Domain Proceedings"), an amount equal to the amount of just compensation which the Authority shall pay to the Record Owners through the acquisition of the Premises by the Authority, as determined through the Eminent Domain Proceedings and the Eminent Domain Code, 26 Pa.C.S.A §101, et. seq. (the "Eminent Domain Code") (the "Condemnation Price"). In addition to either the Amicable Acquisition Price or the Condemnation Price (hereinafter the "Price") to be paid for the Premises, the Redeveloper shall reimburse the Authority for: (A) Any amount paid by the Authority to an Authority designated CPA firm for the review of the audited financial statements of the Redeveloper, as provided for in Paragraph 2.1 (the "Audit Review Cost"); (B) Any amount paid by the Authority for the Appraisal, as provided for in Paragraph 2.6 (the "Appraisal Cost"); (C) Any amount which the Authority is obligated to pay the Record Owners pursuant to the Eminent Domain Code, including, but not limited to: (a) expenses incidental to the transfer of title, (b) payment on account of increased mortgage costs, (c) loss of rentals because of imminence of condemnation, (d) delay compensation, (e) consequential damages, (f) special damages for displacement, and (f) any payment toward reasonable expenses actually incurred for appraisal, attorney, and engineering fees (the "Eminent Domain Costs"); and (D) The Authority's reasonable attorney fees incurred in the Eminent Domain Proceedings (the "Authority's Attorney Fees"). The Redeveloper shall pay to the Authority the Audit Review Cost upon completion of the review of the audited financial statements of Redeveloper and the Appraisal Cost upon completion of the Appraisal. The Price, Eminent Domain Costs, and Authority's Attorney Fees shall be paid in cash or by certified check upon delivery of a deed to the Premises at the time of settlement, subject, however, to the terms of the Conditional Conveyance, as set forth in Paragraph 2.3. 1.6 Time of Settlement. Subject to the provisions of Paragraph 1.7 and Paragraphs 2.3, 2.4, 2.5 and 2.6 of this Agreement, the Redeveloper shall take title to the Premises in accordance with the terms of this Agreement on a date which is the later of (i) thirty (30) days following the satisfaction of the Conditions Precedent set forth in Article II below, or (ii) eighteen (18) months from the date 4 of execution of this Agreement by both parties; provided, however, in no event shall settlement on the Premises occur later than September 1, 2010. The Redeveloper shall schedule settlement within such time limit by notifying the Authority by letter thirty (30) days in advance of the proposed settlement date, enclosing a copy of a preliminary title report, obtained by Redeveloper at its sole cost and expense, covering Redeveloper's interest in the Premises. 1.7 Inability of Authority to Convey Title. In the event that the Redeveloper shall give proper notice of settlement and the Authority shall be unable to convey to the Redeveloper title as aforesaid, the Redeveloper shall, within thirty (30) days following written notification from the Authority, have the following options: (1) taking such title as the Authority can give without abatement of price; (2) notifying the Authority in writing of an intent to request an extension of this Agreement, in which case the parties may agree to an extension of not more than twelve (12) months by separate written agreement, but, in the absence of such agreement within thirty (30) days of such notice, the Redeveloper may exercise only option (1) or (3) of this Paragraph; or (3) terminating this Agreement and being repaid all monies paid as security in accordance with Paragraph 1.12 hereof, in which event there shall be no further liability or obligation by either of the parties hereunder, all executed copies of this Agreement shall be returned to the Authority and this Agreement shall become null and void. If this Agreement is extended under option (2) and the Authority is unable to convey title as aforesaid within the period of the extension, the Redeveloper may exercise either option (1) or (3) within thirty (30) days of the end of the extension period under option (2). If the Redeveloper fails to exercise any option, this Agreement shall automatically terminate as if option (3) had been exercised. 1.8 Loss or Damage to Premises. Any loss or damage to the Premises or to any improvements thereon which may occur between the date of this Agreement and the time of conveyance of title to the Redeveloper, as a result of fire or other casualty, shall in no way affect, void or impair any of the provisions of this Agreement. 1.9 Taxes. All transfer taxes, if any, assessed to the Premises or this transaction shall be borne by the Redeveloper. Real estate taxes shall be prorated as of the settlement date on a fiscal year basis. 1.10 Waiver of Formal Tender. The parties hereto waive tender of any executed deed and purchase money. 1.11 Place of Settlement. The Authority shall deliver the deed to the Premises and the parties shall make settlement at the office of the Authority, located at 114 North Hanover Street, Carlisle, Pennsylvania, 17013 or at such other place as the parties shall mutually agree. 5 1.12 Deposit. (A) In consideration of the Premises being retained by the Authority in anticipation of settlement, the Redeveloper has deposited ° with the Authority cash or equivalent acceptable to the Authority in a total amount of Twenty Thousand, and 00/100 Dollars ($20,000), as a good faith deposit, upon the following terms and conditions: (1) should the Authority tender title in accordance with this Agreement and should the Redeveloper fail to take title to the Premises in accordance with Paragraph 1.6 of this Agreement, the Authority may, in addition to any other remedies it may have, retain the deposit absolutely, together with any interest accrued thereon. (B) To secure the obligations of the Redeveloper under the terms of this Agreement, the Redeveloper agrees that the good faith deposit rendered to secure settlement, in addition to any other security required by the Authority, shall continue to be held by the Authority as a security deposit under the following terms and conditions: (1) following completion of the work required to be performed by the Redeveloper to the satisfaction of the Authority, the issuance of a certificate of completion in accordance with Paragraph 3.15 and the performance of all the terms, conditions and other requirements of this Agreement, provided that the Redeveloper is then not in violation of any covenant of this Agreement or of any of the Addenda to this Agreement, the deposit together with any interest paid thereon, shall be returned to the Redeveloper after thirty (30) days' written notice to the Authority. (2) should, however, the Redeveloper fail to comply with the terms and conditions of this Agreement or of any of the Addenda to this Agreement, the Authority may, in addition to any other remedies it may have, retain the deposit absolutely, together with any interest accrued thereon. Any interest paid on the security deposit shall be retained with the security deposit as additional security. (C) The Authority shall be under no obligation, but shall have the right, to put the security deposit at interest. 1.13 Prevailing Wage Compliance. If required by law, Redeveloper covenants and agrees that it shall comply with applicable state and federal prevailing wage (hereinafter "Prevailing Wage") statutes, rules and regulations with respect to the payment of wages to employees of its contractors and subcontractors to be employed at the premises by the Redeveloper. 6 1.14 Use of Premises The Redeveloper is a non-profit fire and rescue company. Upon acquisition of the Premises, the Redeveloper will be demolishing the existing structure and constructing a facility for its existing operations and, possibly, the operations of a community ambulance service. ARTICLE II CONDITIONS PRECEDENT In addition to the strict compliance by the Redeveloper with all of the other terms and conditions of this Agreement and the performance by the Redeveloper of all of its obligations hereunder to the date of settlement, the following shall also be conditions precedent to the Authority's obligations to convey title to the Premises under this Agreement: 2.1 Financial Responsibility. Together with the execution and delivery of this Agreement by the Redeveloper, it has submitted to the Authority audited financial statements for the prior fiscal year, evidencing the ability to proceed with the redevelopment of the Premises, the approval of which by the Authority, not to be unreasonably withheld, shall be a condition precedent to settlement under this Agreement. The Authority may, at its discretion, designate a CPA firm for the' review of the audited financial statements of the Redeveloper. 2.2 Preliminary Plans. Together with the execution and delivery of this Agreement by the Redeveloper, Redeveloper has submitted to the Authority plans to show the type, material, structures and general character of the improvements (hereinafter "Improvements") to be constructed on the Premises (hereinafter "Preliminary Plans"), which are attached hereto and made a part hereof as Exhibit "B". 2.3 Condemnation and/or Ac uisition of the Premises b Authority. The Authority shall have acquired the Premises by: (A) condemnation pursuant to its power of eminent domain and all matters of just compensation and other benefits payable to the Record Owners are final and non-appealable; or (B) by amicable transfer of title from the Record Owners. In the event the Premises is acquired via condemnation, but the matter of just compensation and other benefits payable to the Record Owners are pending before a Court, if the Redeveloper provides to the Authority a written request to proceed to Settlement, the Redeveloper shall deem this condition satisfied and, subject to the satisfaction of all other conditions precedent, the Premises may be conveyed to Redeveloper (the "Conditional Conveyance"). In such event, 7 notwithstanding the determination of Price, as set forth in Paragraph 1.3, Redeveloper agrees to pay as partial consideration for the Premises a sum equal to the appraised value as determined by the Appraisal provided for in Paragraph 2.6. Redeveloper further agrees that there shall remain due and owing-to the Authority such additional sums as may be due for the Condemnation Price, Eminent Domain Costs, and Authority's Attorney Fees as determined through the Eminent Domain Proceedings. The Authority shall not issue a Certificate of Completion until such sums as are due to the Authority, as aforesaid, are paid in full (the "Payment Condition"). 2.4 Land Development Approval and Permits. Prior to settlement, the Redeveloper shall have obtained all final non-appealable land development and zoning approval, including all necessary permits, for the development and use of the Premises as contemplated by the Redeveloper pursuant to the Preliminary Plans, from the Borough of Shippensburg and any other appropriate governmental body or agency having jurisdiction thereof, based upon a land development plan to be prepared by an engineer of Redeveloper's choice, complying with all generally accepted land planning and engineering practices, meeting all applicable laws, ordinances, rules and regulations, and permitting the construction, use and occupancy of commercial office buildings and residential dwelling with related improvements. 2.5 Environmental Audit(s). Prior to the Authority's condemnation and/or acquisition of the Premises, the Redeveloper shall have the right, at its sole cost and expense to obtain a Phase I Environmental Site Assessment of the Premises (the "Phase I Report"), which shall be in form and content acceptable to the Redeveloper, in its sole discretion. In the event the Phase I Report shall reveal the presence of an environmental condition which is unsatisfactory to the Redeveloper, in its sole and absolute discretion, the Redeveloper shall have the option of (i) obtaining a Phase II Environmental Site Assessment of the Premises (the Phase II Report"), at its sole cost and expense, or (ii) terminating this Agreement upon written notice to the Authority and being repaid all monies paid as security in accordance with Paragraph 1.12 hereof, in which event there shall be no further liability or obligation by either of the parties hereunder, all executed copies of this Agreement shall be returned to the Authority and this Agreement shall become null and void. In the event the Redeveloper shall elect to obtain a Phase II Report, and such Phase II Report reveals any environmental conditions which are unsatisfactory to the Redeveloper, in its sole and absolute discretion, the Redeveloper shall have the sole option of terminating this Agreement upon written notice to the Authority and being repaid all monies paid as security in accordance with Paragraph 1.12 hereof, in which event there shall be no further liability or obligation by either of the parties hereunder, all executed copies of this Agreement shall be returned to the Authority and this Agreement shall become null and void. 8 2.6 Appraisal. Prior to the Authority's condemnation and/or acquisition of the Premises, the Authority shall have obtained an appraisal of the Premises (the "Appraisal°). The Authority shall provide the Redeveloper with a copy of the Appraisal. The Appraisal shall be used by the Authority for purposes of determining the amount of just compensation to be paid to the Record Owners through an amicable acquisition of the Premises or for determining the amount of just compensation to be paid through the Eminent Domain Proceedings. In the event the fair market value of Premises as determined by the Appraisal is unsatisfactory to the Redeveloper, in its sole and absolute discretion, the Redeveloper shall have the sole option of terminating this Agreement upon written notice to the Authority and being repaid all monies paid as security in accordance with Paragraph 1.12 hereof, less the cost of the Appraisal, in which event there shall be no further liability or obligation by either of the parties hereunder, all executed copies of this Agreement shall be returned to the Authority and this Agreement shall become null and void. ARTICLE IIA MORTGAGE FINANCING 2A.1 Notice of Financing Encumbrances Removal of Encumbrances. Should the Redeveloper propose to obtain a loan or financing for the acquisition of the Premises or construction of Improvements upon the Premises under this Agreement to be secured by a mortgage, lien, security interest or other encumbrance upon the Premises or any part thereof, the Redeveloper shall so notify the Authority in writing at least thirty (30) days prior to settlement. Should any other lien, security interest or other encumbrance attach to the Premises or any part thereof (unless created with the prior written consent of the Authority) whether created voluntarily or involuntarily, by operation of law or otherwise, under the terms of this Agreement or as an event of default under Article V, the Redeveloper shall notify the Authority immediately in writing. The Redeveloper shall immediately take all necessary action to and shall remove, satisfy or discharge the said lien, security interest or other encumbrance. Failure to do so shall constitute a default of this Agreement. 2A.2 Mortgagee Not Obligated to Construct. Each mortgagee, lien holder, secured party or holder of any other encumbrance authorized by the Authority (hereinafter sometimes referred to as "Approved Mortgagee") who obtains title to the Premises or any part thereof as a result of foreclosure or other judicial proceedings or action in lieu thereof shall not be obligated by and shall be exempted from those provisions of this Agreement which require construction and completion of the Improvements to be erected on the Premises nor shall an Approved Mortgagee be obliged to guarantee such construction and completion nor shall any covenant or other provision in the deed to the Redeveloper be construed to create such obligation. The above exemptions shall not run in favor of any purchaser at foreclosure or judicial sale other than an Approved Mortgagee, nor in favor of any person who subsequently obtains title to the 9 Premises or any part hereof from an Approved Mortgagee; provided, however, that no person, including an Approved Mortgagee, may devote the Premises or any part thereof to any use or construct any improvements thereon other than those uses and Improvements provided and permitted in accordance with this Agreement. 2A.3 Mortgagee's Option. In the event of a default by Redeveloper in its obligations under this Agreement, each such holder of an approved mortgage covering Redeveloper's interest in the Premises shall have the right, at its option, to cure or remedy such default and to add the cost thereof to the sums due under said mortgage and the lien thereof. Any such holder who shall properly complete the Project and other related improvements with respect to which Redeveloper is obligated to or permitted to construct pursuant to this Agreement shall be entitled to a Certificate or Certificates of Completion by the authority to such effect and in the same manner as provided in this Agreement. 2A.4 Mortgagee's Option to Cure Defaults by the Redeveloper. Upon receipt of notice by the Authority that the Redeveloper is in default under this Agreement, any Approved Mortgagee shall have the right to exercise the following options with the prior written consent of the Authority, not to be unreasonably withheld: (1) to assume the position of the Redeveloper under this Agreement and all rights, duties and obligations of the Redeveloper under this Agreement as if such Approved Mortgagee were substituted for and succeeded the Redeveloper in all provisions of this Agreement, in which event the Authority may require, among other things, as a condition to its consent, the prior execution and delivery of an Agreement between the Authority and the Approved Mortgagee modifying this Agreement; or (2) to sell, assign or transfer all of its right, title and interest to the Premises to a purchaser, assignee or transferee who shall expressly assume all of the covenants, agreements and obligations of the Redeveloper under this Agreement by written instrument to be recorded in the Office of the recorder of Deeds for Cumberland county, Pennsylvania, in which event the time limits set forth in this Agreement may be extended by the Authority for such reasonable period of time as may then be necessary to complete the performance of the Redeveloper's obligations under this Agreement. The Approved Mortgagee shall have the right to elect the first option above only if it shall exercise such option within thirty (30) days following the receipt of the notice of default as provided in Paragraph 2A.6. In the event that the option set forth in Paragraph 2A.4(1) is not elected by the Approved Mortgagee by written notice to the Authority within thirty (30) days after receipt of notice of default as provided in Paragraph 2A.6, the second option shall remain available to the Approved Mortgagee. 10 2A.5 Certification to Approved Mortgagee. In conjunction with approval of any mortgage, lien, security interest or other encumbrance, the Authority will indicate in writing to the Approved Mortgagee whether the Redeveloper is then in default of any other provisions of this Agreement and the nature and status of any such default, if any. 2A.6 Notices of Default to and from Mort a ees. A copy of the Notice of Default as described in Paragraph 5.2 below shall be sent to each Approved Mortgagee at the last address of each Approved Mortgagee shown in the Authority's records. A copy of any notice or demand delivered by any mortgagee, secured party or any other third party asserting an encumbrance against the Premises, to the Redeveloper with respect to any breach or default by the Redeveloper with regard to any of the provisions of any such mortgage, lien, security interest or encumbrance shall be forwarded to the Authority in accordance with Paragraph 6.8. ARTICLE III CONSTRUCTION OF IMPROVEMENTS 3.1 Obligation to Redevelop. The Redeveloper shall redevelop the Premises in a good and workmanlike manner, in accordance with the plans, designs and specifications approved by the Authority in accordance with Paragraph 3.2 and in conformity with the requirements of Section 11(a)(2) of the Urban Redevelopment Law. 3.2 Submission of Final Plans. The Redeveloper shall submit to the Authority for its review and approval copies of the Final Plans, designs and specifications for the development of the Premises, including architectural and landscaping drawings (hereinafter referred to as the "Final Plans'), not later than sixty (60) days prior to the start of construction. The Redeveloper shall label such "Final Plans", identify them by date and include as a part of the Final Plans a statement that they were prepared substantially in accordance with the Preliminary Plans provided under Paragraph 2.2. The Redeveloper shall not commence any work other than excavation, including removal of rock, until approval by the Authority of the Final Plans is given in writing; provided, however, that if no written approval is given by the Authority within thi the Authority shall be deemed to have given its0approval, unless the Authority shall have requested in writing an additional thirty (30 day period for approval. Should the Authority, in its discretion, reject the Final Plans, it shall inform Redeveloper in writing of the reason therefore and the Redeveloper shall submit amended Final Plans within thirty (30) days following any such rejection. This procedure shall be followed in the event of any additional rejections by the Authority; provided, however, that repeated refusal or failure to submit satisfactory Final Plans shall constitute an event of default and cause for termination of this Agreement by the Authority in accordance with Article V. 3.3 Changes in Approved Plans. The Redeveloper shall not make any material change in any Preliminary or Final Plans which have been approved in accordance with the provisions of Article II or Article III hereof without the prior written approval of the Authority. The Authority's review and approval will follow the procedure set forth in Paragraph 3.2 above. 3.4 Progress Report and Inspection of the Premises. The Redeveloper shall submit to the Authority for its review and approval three (3) progress reports which shall include, but not be limited to, a statement of the current status of construction, an estimate of the remaining construction schedule, including the estimated date of when the next major inspection period will be reached, and a statement of any delays that have been encountered. The progress reports shall be submitted upon completion of the foundation, when the project is "roofed-in" and upon final completion (as applicable). The Redeveloper shall furnish access to the Premises at all times during construction for the use and inspection of the Authority, its agents and representatives and those of the Borough. All material and workmanship may be subject to inspection, examination and testing by the Authority, its agents and representatives and those of the United States at any and all times during construction and at any place where construction is carried on. The Redeveloper shall furnish all facilities and give such assistance for inspection, examination and tests as the Authority, its agents and representatives and those of the United States may require, and shall secure for the authority, its agents and representatives and those of the United States, free access to all parts of the work of construction at all times during construction. 3.5 Employment of Registered Architect by Redeveloper. Unless specifically waived in writing by the Executive Director of the Authority, the Redeveloper shall employ at its sole cost and expense a registered architect during construction and until completion of the Improvements under this Agreement. The architect shall visit the project site with sufficient regularity to familiarize himself/herself with the progress and quality of work and to determine whether the work is proceeding in accordance with this Agreement. The architect shall inform the Authority in writing of the progress of the work in order to protect both the Redeveloper and the Authority against defects and efficiencies. The Redeveloper is not bound, however, to provide an architect to make continuous on-site inspections or to be responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs in connection with the work, provided that the Redeveloper has otherwise made adequate provision for proper inspection and supervision of construction. Upon completion of the Improvements, the Redeveloper shall deliver to the Authority a certificate of the architect that the work has been substantially completed in accordance with this Agreement. In the event that the Redeveloper shall fail to provide an architect to perform any and all of the services described in this 12 Paragraph, the Authority may provide such architectural services for the Redeveloper, payment for which shall be made by the Redeveloper to the Authority upon demand. 3.6 Permits. Licenses Approvals and Variances. The Redeveloper shall secure and pay for at its sole cost and expense any and all permits, licenses, approvals and variances required by any governmental body. The Authority will reasonably assist the Redeveloper in securing such permits, licenses, approvals and variances. 3.7 Commencement and Completion of Construction. The construction of the Improvements by the Redeveloper under this Agreement shall be commenced within One Hundred and Eighty (180) days after settlement as set forth in Article I and shall be completed to the satisfaction of the Authority within Three (3) years from the date of settlement. 3.8 Mechanics Liens. The Redeveloper agrees that, until completion of the Improvements, every contract for the construction, installation, alteration, repair of or addition to the Improvements to be constructed under this Agreement, where the estimated cost shall exceed Ten Thousand Dollars ($10,000.00), shall contain a provision obligating the prime contractor to the prompt payment of all material furnished, labor supplied or performed, rental for equipment employed, and services rendered by public utilities in or in connection with the prosecution of the work, whether or not, the said material, labor, equipment and services enter into and become component parts of the work or improvement contemplated. Such provision shall be deemed to be included for the benefit of every person, co-partnership, association or corporation, who as subcontractor, or otherwise, has furnished material, supplied or performed labor, rented equipment, or supplied services in or in connection with the prosecution of the work as aforesaid, and the inclusion thereof in any contract shall preclude the filing by any such person, co-partnership, association or corporation of any mechanics' lien claim for such material, labor or rental of equipment, and further requiring that the Redeveloper shall provide to the Authority evidence of financial security for the prompt payment by the prime contractor for materials, supplies, labor, services and equipment. Such financial security shall equal 100% of the contract amount, shall be in such form as the Authority may prescribe and may include, but not be limited to, any one or a combination of the following: (1) An appropriate bond from a surety company authorized to do business in this Commonwealth; (2) An irrevocable letter of credit from a Federal or Commonwealth- chartered lending institution; or (3) A restrictive or escrow account. 13 3.9 Project Cost Certification. If the project construction costs exceed $1,000,000, the Redeveloper shall provide to the Authority, and shall cause each prime contractor to provide or submit to, a project cost certification performed by one or more independent, third-party certified public accountants establishing the actual total construction costs incurred and paid by the Redeveloper and each prime contractor in connection with the project. The receipt of the construction cost certification shall be a condition for receiving a Certificate of Completion. 3.10 Indemnification. The Redeveloper shall defend, indemnify and hold harmless the Authority from and against any and all claims for injury or damage arising from or during the performance of the Redeveloper's obligations under this Agreement. The Redeveloper shall furnish to the Authority, prior to its entry upon the Premises for any purpose, a certificate of general liability insurance in a sum not less than One Million Dollars ($1,000,000.00), with an insurance company with a Best rating of A or better duly authorized to write such insurance, in form and with companies satisfactory to the Authority. The policy shall name the Authority as Additional Insured and be Broad Form comprehensive General Liability, including Public Liability and Property Damage Coverage for bodily injury, accidental death and damage to property, which may arise from the operations under this Agreement, whether such operations are by the Redeveloper or by anyone directly or indirectly employed by either of them and providing that coverage may not be canceled or terminated without sixty (60) days prior written notice to the Authority, said insurance coverage to remain in full force and effect until the issuance of a certificate of completion. 3.11 Maintenance of the Premises in Accordance with the Plan. The Premises shall, for a period of twenty (20) years from the date of the approval of the Redevelopment Area Plan, be used only for the permitted uses and approved conditional uses under the zoning district within which the Premises is located and in accordance with this Agreement and the Redevelopment Area Plan. 3.12 Destruction of Premises. In the event that any Improvements or portion thereof constituting a part of the Premises shall be damaged or destroyed by any casualty the Redeveloper shall, at its sole cost and expense, repair, restore, and reconstruct the damaged or destroyed portion of the said Improvements in such a manner that upon the completion of such repairs, restoration and reconstruction such Improvements shall conform to the controls established by the Redevelopment Area Plan and to the provisions of this Agreement. 3.13 Insurance of the Premises. The Redeveloper shall, at its sole cost and expense, maintain insurance on the Premises in an amount sufficient to guarantee performance of its obligations under Paragraph 3.12 and in any event in an amount not less than the full insurable value of the Premises and Improvements thereon. The full insurable value shall be defined as the reproduction cost of the Premises and the Improvements thereon, plus the cost of removing the debris produced by the destruction of the Improvements by 14 casualty, less the fair market value of the Premises as a cleared site. The amount of insurance shall be increased as the full insurable value increases, an evaluation of which shall be made annually on the anniversary date of settlement. The Redeveloper shall furnish to the Authority, prior to its entry upon the Premises, with a certificate of insurance for said purpose in form and with companies satisfactory to the Authority and providing that coverage may not be canceled or terminated without sixty (60) days' prior written notice to the Authority. 3.14 Certificate of Com letion. Promptly after completion of the Redeveloper's Improvements on the Premises in accordance with the provisions of this Agreement, Redeveloper shall provide to the Authority evidence of final payments to all contractors and subcontractors who performed work or services or provided materials in connection with the redevelopment of the Premises in the form of releases of liens and such other written verifications as the Authority shall require. Following submission to the Authority of evidence and/or verification of receipt of all wages by all workers employed at any time by contractors or subcontractors engaged to redevelop the Premises and receipt of all payments by all contractors and subcontractors engaged to perform work or services in connection with the redevelopment of the Premises and the satisfaction of the Payment Condition of Paragraph 2.3, if applicable, the Authority shall furnish the Redeveloper with a certificate of completion in form recordable in the Office of the Recorder of Deeds of Cumberland County. If the Authority shall refuse or fail to provide such certificate of completion . in accordance with this Agreement, the Authority shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement indicating in adequate detail in what respects the Redeveloper has failed to complete the Improvements or pay wages in accordance with the provisions of this Agreement or in otherwise in default and what measures or acts it will be necessary for the Redeveloper to take or perform in order to obtain such certification. 3.15 Environmental Contamination. For the purpose of this Agreement, the term "environmental contamination" shall mean the unconstrained presence of hazardous substances on the Premises, which may require remediation under any applicable law, regulation, rule or ordinance. 3.16 Disclaimer of Warranties and Representations. The Authority makes no warranties or representations concerning the existence of any environmental contamination on the Premises, or upon any adjoining land or improvements, and the Authority is not, nor shall it be, at any time or under any circumstances, responsible for any of such conditions or for the care, remedy or removal thereof, and that the Redeveloper is purchasing the Premises in its present "as is" condition. 15 3.17 Environmental Indemnity. The Redeveloper agrees that in the event that any person, persons or legal entity(s) of any kind shall make any demand(s) or claim(s) or institute legal or other proceedings against the Authority, or join the Authority in any legal or other proceedings for claims, demands, liabilities, judgments, awards, fines or penalties related to environmental contamination of the Premises, the Redeveloper will, in addition to the indemnity in Section 3.10 of this Agreement, indemnify and hold the Authority harmless from any and all such demands, claims, liabilities, judgments, awards, fines and penalties related to environmental contamination, whether arising by judicial or administrative decision, determination or action, or by order, fine or otherwise; which indemnification shall include all legal, professional/consulting fees, and costs and expenses incurred by the Authority in defending such proceedings; and which indemnification shall be paid to the Authority, as incurred thereby, upon presentation of invoices. The Authority therefore shall be released and discharged from any and all liabilities, duties and obligations of every kind and nature whatsoever, excepting only such liabilities, duties and obligations, if any, expressly agreed to and assumed in writing by the Authority. The Redeveloper agrees that the indemnity mentioned in this Section 3.17 shall be legally binding upon the Redeveloper and the said Redeveloper's heirs, successors, administrators, executors and assigns; shall run with the land and may be recorded by the Authority, and shall be legally binding upon all successors in interest to the Redeveloper; shall survive any settlement and closing with respect to any transfer at any time present and hereafter, of any interest in the Premises by the Redeveloper or by the Authority. 3.18 Right to Inspect. Prior to settlement, the Redeveloper shall have the right, but not the duty, to enter and conduct an inspection of the Premises including invasive tests, at any reasonable time, and shall have the right, but not the duty, to retain, at its sole expense an independent professional consultant to enter the Premises to conduct an inspection and to review any report concerning the environmental condition of the Premises, if any. In conducting such reviews and investigations, the Redeveloper shall (i) execute a Right-of-Entry in a form and under terms acceptable to the Authority; (ii) use its best efforts to minimize interference with the business of the Authority; and (iii) restore the condition of the Premises and restore any damage to the Premises. ARTICLE IV COVENANTS AGAINST DISCRIMINATION AND RESTRICTIONS AGAINST CERTAIN TRANSFERS 4.1 Non-discrimination in Construction of Premises. In the construction of the Improvements in accordance with the provisions of this Agreement: 16 (1) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, or national origin. The Redeveloper will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex or national origin. Such action shall include, but not be limited to, the following: hiring, promotion, position, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Authority setting forth the provisions of this non-discrimination clause. (2) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, sexual orientation, or national origin. (3) The Redeveloper shall comply with all applicable rules, regulations and relevant orders of the Secretary of Labor. (4) The Redeveloper will include the provisions of this Paragraph in every contract or purchase order and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by applicable rules, regulations or orders of the Secretary of Labor, so that such provisions will be binding upon each such contractor, subcontractor or vendor. The Redeveloper will take such action with respect to any construction contract, subcontract or purchase order as the Authority may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Redeveloper becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Authority, the Redeveloper may request the Authority to enter into such litigation to protect the interests of the Authority. For the purpose of including such provisions in any construction contract, subcontract or purchase order as required hereby, the language of this paragraph shall be preceded by the words "During the performance of this contract, the Contractor agrees as follows:" and the term "Redeveloper" shall be changed to "CONTRACTOR." 4.2 Non-discrimination in Use of Premises. The Redeveloper hereby covenants, promise and agrees to and with the Authority as follows: 17 (1) No person shall be deprived of the right to live in the Premises, or to use any of the facilities therein, by reason of race, color, creed, religion, sex, sexual orientation, disability, or national origin. (2) There shall be no discrimination in the use, sale or lease of any part of the Premises against any person because of race, color, creed, religion, sex, sexual orientation, disability or national origin. (3) The agreements and covenants provided in this Paragraph 4.2 shall be covenants running with the land and they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement itself to the fullest extent permitted by law and equity, inure to the benefit of and be enforceable by the Authority, the Borough, any successor in interest to the Redeveloper of the Premises or any part thereof, the owner of any other land, or of any interest in such land, in the Walnut Bottom Road Redevelopment Area which is subject to the land use requirements and restrictions of the Redevelopment Area Plan, and against the Redeveloper, its successors and assigns and any party in possession or occupancy of the Premises or any party thereof. Moreover, the Authority shall be deemed a beneficiary of the provisions of this Paragraph 4.2, both for and in their own respective rights and also for the purpose of protecting the interest of the community and the other beneficiaries thereof. The provisions of this Paragraph 4.2 shall run in favor of the Authority for the entire period during which such provisions shall be in force an effect, without regard to whether the Authority has been, or is an owner of any land or interest therein to or in favor of which such provisions relate. The Authority shall have the right, in the event of a breach of any provision hereof to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the said provisions to which it or any other beneficiaries may be entitled. (4) The provisions of Subparagraphs (1) and (2) hereof shall be perpetual. (5) The provisions of this Paragraph 4.2 shall be contained in any deed or deeds from the Authority or from its successors or assigns to the Redeveloper or to its successors or assigns conveying or purporting to convey the Premises or any part thereof or interest. 4.3 Speculation Prohibited. The Redeveloper represents and warrants that its purchase of the Premises and its undertakings pursuant to this Agreement are and will be for the purpose of redevelopment of the Premises and not for speculation in land holding. The Redeveloper further recognizes that, in view of 18 (1) the importance of the redevelopment of the Premises to the general welfare of the community; and (2) the fact that a transfer of the ownership in the Redeveloper or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in the ownership or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is, for practical purposes, a transfer or disposition of the Premises then owned by the Redeveloper, the qualification and identity of the Redeveloper and its owners are of the qualification and identity of the Redeveloper and its owners are of particular concern to the community and the Authority. The Redeveloper recognizes that it is because of such qualifications and identity that the Authority is entering into this Agreement with the Redeveloper and, in so doing, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings by it to be performed without requiring additionally a surety bond or similar undertaking for such performance of all undertakings and covenants in this Agreement. 4.4 Restrictions on Transfer and Assignment of Interest in the Redevelopment. For the foregoing reasons, the Redeveloper represents and agrees for itself, its owners, whether stockholders, partners, associates or otherwise, and any successor in interest of itself and its owners, respectively, that no person, corporation, partnership or other legal entity owning ten percent (10%) or more of the legal or equitable interest in the Redeveloper, whether represented by stock or otherwise (such holder of ten percent (10%) interest being hereinafter called "Owner"), whether the Redeveloper is a corporation, limited or general partnership, limited liability company, association, joint venture or any other legal entity whatsoever, shall, nor shall the Redeveloper, prior to the issuance by the Authority of a certificate of completion as set forth in Paragraph 3.15: (1) transfer, cause to be transferred or suffer any legal or equitable interest in the Redeveloper or the stock of the Redeveloper to be transferred; or (2) cause or suffer to be caused any similar significant change in the legal or equitable ownership of the Redeveloper or of the stock of the Redeveloper or in the relative distribution thereof; the identifies of the parties in control of the Redeveloper or the degree of control by any method or means whatsoever. The Redeveloper and the parties signing this Agreement on behalf of the Redeveloper warrant that they have the authority of all the existing stockholders or interest holders of the Redeveloper to agree to the 19 provisions of this Paragraph 4.4 on behalf of such stockholders or interest holders and to bind them with respect thereon. 4.5 Information Regarding Ownership and Control of the Redeveloper. The Redeveloper shall furnish the Authority with a complete statement, subscribed and sworn to by the present, managing partner or other executive officer of the Redeveloper, setting forth all of the stockholders or interest holders of the Redeveloper and the extent of their respective holdings, whether the interest held is legal or equitable, and the names of all directors and officers of the Redeveloper. This information shall be furnished: (1) prior to the delivery of the deed to the Redeveloper and as a condition precedent thereto; (2) in the event of any change whatsoever in the legal or equitable ownership of the stock of or any interest in the Redeveloper or any other event resulting in any change in the ownership of the stock of or any interest in the Redeveloper or in the relative distribution thereof or in the identity of the parties in control of the Redeveloper or the degree thereof; and (3) at any time the Authority specifically requests such information from the Redeveloper, or any officer, director or owner of the Redeveloper. 4.6 Restrictions on Transfer and Assignment by the Redeveloper. For the reasons set forth in Paragraph 4.3 above, the Redeveloper also agrees that it shall not assign this Agreement without the prior written consent of the Authority which consent shall not be unreasonably withheld. The Redeveloper shall not sell, mortgage, pledge, encumber, lease or otherwise transfer the Premises or any part thereof nor will it suffer any such transfer to be made, without the prior written consent of the Authority, which consent shall not be unreasonably withheld until completion of all work as provided in Article III of this Agreement and the issuance of a certificate of completion by the Authority. The Redeveloper warrants that it has not made or created or suffered to be made or created any total or partial sale, mortgage pledge, encumbrance, lease or other transfer of the Premises or other part thereof nor has it assigned this Agreement or any of its rights or obligations under this Agreement. Before the issuance by the Authority of a certificate of completion, however, the Redeveloper may enter into any agreement to sell, lease or otherwise transfer the Premises or any part thereof or interest therein after the issuance of such certificate, which agreement shall not provide for payment of (or on account of) the purchase price or rent for the Premises or the part thereof or interest therein to be so transferred prior to the issuance of such certificate. The Redeveloper shall submit to the Authority for review all instruments and other legal documents involving transfer, including, but not limited to, all financing, construction, management and other instruments and documents in any way related to such transfer, at least thirty (30) days 20 before the intended transfer. If the transfer is approved by the authority its approval shall be indicated to the Redeveloper in writing. ARTICLE V DEFAULT AND REMEDIES 5.1 Events of Default. Each of the following shall constitute an Event of Default under this Agreement: (1) If any proceeding under the provisions of the Federal Bankruptcy Code shall be filed against the Redeveloper or the Redeveloper shall submit themselves to such proceedings; or (2) If the Redeveloper shall make an assignment for the benefit of creditors; or (3) If a receiver shall be appointed for the Redeveloper or the property or assets of the Redeveloper; or (4) If the Redeveloper or any contractor engaged to perform work at the Premises, commences work at the Premises for which a permit, licenses, variance or other approval is required by a governmental body but is not obtained; or (5) If the Redeveloper, in the opinion of the Authority, fails to prosecute the work upon the Premises vigorously with such force of workmen and mechanics as shall be satisfactory to the Authority; or (6) If the Redeveloper shall, in the opinion of the Authority, refuse, omit or neglect to furnish and supply a sufficiency of property, materials and/or workmen required to prosecute the work upon the Premises to completion; or (7) If the Redeveloper fails to promptly pay for any work or materials when due; or (8) If any mechanic's or materialmen's lien or claim is filed against the Premises or notice of intention to file such is given and not removed, satisfied or discharged; or (9) If any judgment, lien (including the lien of delinquent taxes), encumbrance, notice of lien, attachment, levy or other adverse charge be entered or filed against the Premises or improvements thereon other than a mortgage approved by the authority in accordance with the provisions of Paragraph 4.6 and not removed, satisfied or discharged; or 21 (10) If the Redeveloper shall provide false or inaccurate information, or shall violate or fail to keep, perform or comply with any requirements of applicable state or federal Prevailing Wage statutes, rules or regulations; or (11) If the Redeveloper violates or fails to keep, perform, or comply with any of the terms, provisions and covenants to be kept, complied with and performed under this Agreement. 5.2 Notice of Default. Except as otherwise provided in Paragraph 5.3 below, upon the occurrence of any Event of Default under this Agreement by either party thereto (hereinafter referred to as the "Defaulting Party"), such party shall, upon written demand from the other, (hereinafter referred to as the "Aggrieved Party"), proceed immediately to cure or remedy such default, in any event, within sixty (60) days of receipt of such written demand. If the Defaulting Party fails both (1) to take and diligently pursue such action and (2) to cure and remedy the default or breach, all within sixty (60) days after receipt of such demand, or if the default is such that it cannot be cured or remedies within such time, the Aggrieved Party may institute any and all proceedings permitted by law or equity and not barred under this Agreement, including, but not limited to, an action to compel speck performance by the Defaulting Party of its obligations. 5.3 Violation of Prevailing Wage Requirements. Upon the occurrence of any Event of Default described in Subparagraph (10) of Paragraph 5.1, the Redeveloper shall, upon written demand from the Authority, proceed immediately to cure or remedy such default within ten (10) days of receipt of such written demand. 5.4 Termination and Cancellation of Agreement. If the Event of Default occurs before conveyance of all or part of the Premises to the Redeveloper or consists of a failure of refusal to convey or accept conveyance of all or part of the Premises in accordance with the terms of this Agreement, then the Aggrieved Party may, in addition to any other remedies not inconsistent with such action, cancel this Agreement, subject to the provisions of Paragraph 5.2 above. 5.5 Condition Subsequent and Right of Re-Entry. This Agreement has been entered into, and any deed to the Premises or appurtenant easements from the Authority to the Redeveloper shall contain a provision or limitation to the effect that the conveyance is being made, upon express condition that upon the happening and continuance of any of the Events of Default as indicated below in Subparagraphs (1), (2), (3), or (4) of this Paragraph 5.5 then the Authority may enter into the Premises or any appurtenant easement and, by this entry terminate the estate that had been conveyed by the Authority to the Redeveloper by such deed and revest title to the Premises or any appurtenant easement in the Authority absolutely. 22 (1) If the Redeveloper shall default in or violate its obligations with respect to the construction of the improvements, including the times provided for the beginning and completion thereof or shall abandon or substantially suspend construction work, and any such default, violation, abandonment or suspension shall not be cured, ended or remedied within ninety (90) days (one hundred eight (180) days, if the default is with respect to the date for completion of the Improvements) after written demand by the Authority so to do; or (2) If the Redeveloper shall fail to pay real estate taxes or assessments on the Premises or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by this Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid or such encumbrance or lien removed or discharged or provision satisfactory to the Authority made for such payment, removal or discharge, within sixty (60) days after written demand by the Authority so to do; or (3) If there is, in violation of this Agreement, any transfer of the Premises or any part thereof or any change in the ownership or distribution of the stock of the Redeveloper, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof except as permitted in Article IV of this Agreement, and such violation shall not be cured within sixty (60) days after written demand by the Authority to the Redeveloper (or, if such transfer be entered of record, immediately and without demand); or (4) If the Redeveloper shall violate or fail to keep, perform or comply with any requirements of any applicable state or federal Prevailing Wage statutes, rules or regulations, and such violation or failure shall not be cured within thirty (30) days after written demand by the Authority so to do; or if the Redeveloper shall provide false or inaccurate information with respect to compliance with such Prevailing Wage Requirements. Provided, however, that such condition subsequent and any revesting of title as a result thereof in the Authority shall always be subject to and shall not defeat, render, invalid, or limit in any way (i) any approved mortgage, or (ii) any rights or interests provided in this Agreement for the protection of approved mortgagees, and shall not apply to (iii) individual parts or parcels of the Premises (or, in the case of parcels leased, the leasehold interest) on which the Improvements constructed thereon have been completed in accordance with this Agreement, or (iv) such parcels with respect to which title has been conveyed to a transferee previously approved by the Authority, which transferee is not himself or itself in default. 23 5.6 Waiver of Appeal and Right to File Lis Pendens. The parties recognize and agree that the purpose of this Agreement is to fulfill the public policies embodied in the Redevelopment Area Plan and entrusted by law for execution to the Authority, that the redevelopment of the Premises is important to the general welfare of the Borough and the County of Cumberland, and in connection with the acquisition and assembly of land by the sovereign power of eminent domain and in connection with the delivery of the Premises to the Redeveloper. Accordingly, the Redeveloper expressly agrees that in the event the Authority fails or refuses to go to settlement under Article I of this Agreement, terminates this Agreement under Paragraph 5.4 above or reenters the Premises and effects a revestment of title to the Premises under Paragraphs 5.5 or 5.7 of this Article V, the Redeveloper will in no event resort to, and hereby knowingly, voluntarily, intelligently and upon the advice of counsel waives, any and all rights to equitable defenses, procedures of court and remedies which prevent the continuing enjoyment or the immediate and unequivocal revestment of a clear and marketable title to the Authority, including but not limited to any action or counterclaim for speck performance, injunctive relief or any action at law or equity which may result in the entry of the pendency of any legal or equitable action in the judgment index in the Office of the Prothonotary of the Court of Common Pleas of Cumberland County, the filing of a lis pendens or any cloud on title with respect to the Premises; but the Redeveloper may have recourse to an action at law for money demands under the terms of this Agreement. 5.7 Irrevocable Power of Attorney. In order to secure further its obligations under this Agreement, the Redeveloper hereby agrees to execute and deliver to the Authority an irrevocable Power of Attorney in the form attached as Exhibit "C" to this Agreement (hereinafter referred to as "Power of Attorney") at the time of execution of this Agreement, which Power of Attorney shall make, constitute and appoint the Executive Director of the Authority and his respective successors, their true and lawful attorneys, for themselves and in their name, place and stead, to enter into and take possession of the Premises and appurtenant easements, in or to which they shall be possessed or seized or in any way entitled or interested; and to grant, bargain and sell the same or any part thereof for One Dollar ($1.00) lawful money of the United States of America or such sum or price and upon such terms as them or any of them shall deem to meet; and to make, execute, acknowledge and deliver good and sufficient deeds and conveyances for the same, either with or without covenants or warranty; and to let and demise said Premises and appurtenant easements for such rent and term or terms as they or any of them shall deem advisable; and to ask, demand, recover, receive and receipt for all sums of money which shall become due and owing to it by reason of any such bargain, sale or lease and to take all lawful ways and means for the recovery thereof and to compound and agree for the same, and to execute and deliver good and sufficient discharges and acquittance therefore; and to execute and deliver a cancellation agreement to the Authority, 24 in the form set forth in Exhibit "D" attached hereto and made part hereof thereby terminating this Agreement; with power to substitute one or more attorney or attorneys under them or any of them in or concerning the foregoing or any part thereof and the same at their pleasure or the pleasure of any of them to revoke; giving and granting unto the said attorney or any substitute or substitutes full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done in and about the foregoing, as fully to all intents and purposes as they might or could do if personally present, thereby ratifying and confirming all that the said attorney (or the substitute or substitutes) shall lawfully do or cause to be done by virtue hereof, and any other acts as set forth in the said Power of Attorney. 5.8 Distribution Upon Sale After Revestment of Title. Upon the revesting in the Authority of title to all or any part of the Premises under Paragraphs 5.5 or 5.7 hereof, the Authority shall, pursuant to its responsibilities under state law, use its best efforts to resell the Premises or any part thereof (subject to any mortgage liens and leasehold interest as set forth and provided in Paragraph 5.5) as soon as and in such manner as the Authority shall find feasible and consistent with the objectives of such law and of the Plan to a qualified and responsible party or parties (as determined by the Authority) who will assume the obligation of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the Authority and in accordance with the uses specked for the Premises or any part thereof in the Plan. Upon such resale of the Premises, the proceeds thereof shall be applied: (1) First, to reimburse the Authority, on its own behalf or on behalf of the Borough, for all costs and expenses incurred by and including but not limited to salaries of personnel, legal, engineering and appraisal fees, in connection with the recapture, management and resale of the Premises or any part thereof (but less any income derived by the Authority from the Premises or any part thereof in connection with such arrangement); all taxes, assessments, and water and sewer charges with respect to the Premises or any part thereof or, in the event the Premises is exempt from taxation or assessment or such charges during the period of ownership thereof by the Authority, an amount equal to such taxes, assessments or charges (as determined by the County of Cumberland assessing official) as would have been payable if the Premises were not so exempt; any payments made or necessary to be made to discharge any encumbrances or liens existing on the Premises or any part thereof at the time of revesting of title thereto in the Authority or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Improvements or any part thereof on the Premises and any amounts otherwise owing the Authority by the Redeveloper, and 25 (2) Second, to reimburse the Redeveloper up to the amount equal to the sum of the Purchase Price paid by it for the Premises (or allocable to any part thereof) and the monies actually invested by it in making any of the Improvements on the Premises or any part thereof less any gains or income withdrawn or made by it from this Agreement. Any balance remaining after such reimbursements shall be retained by the Authority as its property. 5.9 Force Majeure. Neither the Authority nor the Redeveloper shall be deemed in default on account of any failure in performance due to unforeseeable causes beyond control of and without its fault or negligence, including but not restricted to acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion, freight embargoes, shortages of material, or acts of the federal government or any of its agencies, or delays of subcontractors due to any such causes. 5.10 Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by any party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for any other default or breach by the other party unless otherwise expressly provided herein. Notwithstanding the existence of specific remedies such as liquidated damages hereinbefore provided, the parties hereto shall have the right to obtain from a court of competent jurisdiction injunctive relief, speck performance and such other equitable remedies as may be permitted by law and not barred under this Agreement. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Compliance with Applicable Law. The Redeveloper and the Authority agree to comply with all federal, state and local requirements, statutory or administrative, now in effect or hereafter enacted but of retroactive application, and if necessary to execute and deliver an amendatory Agreement or a new Agreement in order to meet said requirements. 6.2 Severability. If any provision of this Agreement is held invalid as a result of its conflict, with any federal, state or local requirements, statutory or administrative, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the requirements of applicable law and with the Plan. 26 6.3 Recordation. The parties agree that this Agreement, in its entirety, shall be recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. 6.4 Merger. None of the provisions of this Agreement shall be deemed or are intended to be merged by reason of any subsequent deed, and any subsequent deed which shall be recorded shall not be deemed to affect or impair the provisions, obligations and covenants of this Agreement. 6.5 Interpretation of the Agreement. The parties recognize and agree that the purpose of this Agreement is to full the public policies embodied in the Plan and entrusted by law for execution to the Authority, that the redevelopment of the Premises is important to the general welfare of the Borough and the County of Cumberland, and that substantial public assistance has been made available pursuant to federal, state and local law for the purpose of making such development possible and in connection with the acquisition and assembly of land by the sovereign power of eminent domain and in connection with delivery of the Premises to the Redeveloper. Accordingly, any provision of the law to the contrary notwithstanding, in the event of doubt or dispute, the terms and provisions of this Agreement shall be interpreted most strictly in favor of the Authority and against the Redeveloper. 6.6 Redeveloper an Independent Contractor. The Redeveloper is an independent contractor and is neither the servant, agent nor employee of the Authority. 6.7 Time of the Essence. Time is of the essence as to all of the terms and provisions of this Agreement and any amendments, modifications thereto or any restatements thereof. 6.8 Notices. All notices, demands or other communications under this Agreement by any party to the others shall be in writing and shall be deemed sufficiently given or delivered only if dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally. In the case of the Redeveloper, notice shall be sent to the attention of The Vigilant Hose Company of Shippensburg, 129 E. King Street, Shippensburg, PA 17257. In the case of the Authority, notice shall be sent to the attention of the Executive Director, Christopher Gulotta, 114 North Hanover Street, Carlisle, PA 17013. Or such other address as the Authority may from time to time designate in writing. 6.9 Conflict of Interest. The Redeveloper shall not without prior written consent of the Authority, which consent shall not be unreasonably withheld, employ any person who has participated in the planning or execution of the 27 Improvements to the Premises as an employee or agent of the Authority or the Borough or the County of Cumberland or permit any such person to acquire directly or indirectly an interest in the Redeveloper or in the Premises prior to certification by the Authority of the completion of the Improvements thereon in accordance with this Agreement. Nor shall the Redeveloper prior to certification by the Authority of the completion of the Improvements to the Premises under this Agreement enter into any contract to make payments to or make any payments to any such employee or agent of the Authority, Borough and/or County of Cumberland. No member or employee of the Authority shall acquire any personal interest, direct or indirect, in any redevelopment project or in this Agreement, nor shall any such member or employee participate in any decision relating to this Agreement which affects his personal interest or the interests of any corporation, partnership or association or other entity in which he is, directly or indirectly, interested. 6.10 Inducement. The Redeveloper represents and warrants that the Redeveloper, or anyone acting on behalf of the Redeveloper, has not employed any persons to solicit or procure this Agreement through illegal or unethical means, and has not made nor received, nor will make or receive, any payments to or from anyone in connection with the procurement of this Agreement or any other agreement in connection with this Project through illegal or unethical means. Failure to comply with the provisions of this Paragraph 6.10 shall constitute an Event of Default under this Agreement. 6.11 Title Not Part of Agreement. The titles of the Articles and Paragraphs of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 6.12 Integration. This Agreement contains the whole agreement between the Redeveloper and the Authority and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever. 6.13 Stipulation Against Waiver. No extension or indulgence granted to the Redeveloper and no alteration, change or modification of this Agreement consented to or agreed to by the Authority, nor any other act or omission of the Authority or any of its agents, shall constitute an amendment to or modification of this Agreement or be interposed as a defense against the enforcement of the Authority's rights under this Agreement or give rise to an implied waiver or equitable estoppel, but this Agreement may be modified or amended only by a document of equal dignity signed, sealed and delivered by the Authority and the Redeveloper. 6.14 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns, including any public body which shall succeed to or have assigned to it any of the functions of 28 the Authority with respect to this Agreement, and any permitted transferee of the Redeveloper, and any reference to the Authority or the Redeveloper in this Agreement shall include reference to their respective successors, assigns and transferees, unless the contrary is explicitly provided. 6.15 Gender Reference. All references in this Agreement to the male or female gender shall be interpreted to refer to both the male and female gender. References to either gender without reference to the other herein is specifically noted to be for convenience purposes only and not a speck reference to a specific gender. Likewise, references to the singular shall include references to the plural and vice versa. IN WITNESS WHEREOF, the Redeveloper has caused this Agreement to be executed by its proper officers and its respective seal affixed hereto and attested the day and year first above written. ATTEST The Vigilant Hose Company of Shippensburg SecrOaryf By - - k ?9":t L ,. t r+0L,. } IN WITNESS WHEREOF, the Authority has caused this Agreement to be executed by its proper officers and its respective seal affixed hereto and attest the ZZ-'( day of S%p tshm , 200_L. ATTEST REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By fr Secre ary hairman FAHOUSTOMShippensburg RedevlopmenhRedevelopment Agt 408.doc 29 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss ON THIS, the (Z?% day of , 2001 before me, the undersigned officer, personally appeared who cknowledged 'm If t be the of , a Pennsylvania corporation, And being authorized to do so, exec ted the foregoing instrument for the purposes therein contained by signing the name of the corporation, by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC MICHELE R. DURF, Notary Public Boro of Ship Mb", CUMbm ped Cou MY Caw Exoira= Juw 16, 201?y 7 30 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss ON THIS, the day of 200L before me the undersigned officer, personally appeared Jimmi C. George who acknowledged himself to be the Chairman of Redevelopment Authority of the County of Cumberland, and being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation, by himself as such Chairman. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karon F. Byers, Notary Public Carlisle Borough, Cumberland County M commission" ire?s Mareh 18, 2011 31 EXHIBIT A ALL THOSE CERTAIN three (3) units in the property known, named and identified in the Declaration referred to below as "Leann Condominium," located in the Borough of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, the units' proportionate percentage interests in the common elements, and the withdrawable and convertible real estate, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 P.S. 3101, et seq. by the recording in the Cumberland County Recorder of Deeds Office of the Declaration dated December 4, 1996 and recorded December 6, 1996 in Miscellaneous Book 536, page 401. EXCLUDING THEREFROM all real estate condemned by the Commonwealth of Pennsylvania pursuant to eminent domain proceedings filed at 08-2404 Civil Term in the Court of Common Pleas of Cumberland County on April 15, 2008. 32 Scope of Project Construct a new emergency services facility for the Vigilant Hose Company # 1 and Shippensburg Area Emergency Medical Services. The location of the new emergency services building potentially will be located on the Walnut Bottom Road where the former University Lodge property exists. Presently the Vigilant Hose Company is operating out of a fire station built in 1927 located at 129 East King Street in Shippensburg. The Vigilant Hose Company has out grown our facility many years ago. The facility was originally built to house a 2 piece fire company, borough office and council chambers, police station and district justice court room. Throughout the 165 years of existence, the Vigilant Hose Company has grown with the community and now provides 2 engines, 1 tanker, 1 brush unit, 1 traffic unit and 1 chiefs vehicle. Shippensburg Area Emergency Medical Services is operating out of a small business occupancy located at 235 East King Street. SAEMS originally was part of the Cumberland Valley Hose Company located at 56 West King Street. Throughout the years of service, EMS operations separated from the CV Hose Company into its present identity. To meet the demands of the emergency medical services of the community, the SAEMS has grown and was forced to search for another location to better provide service to the community. Type of Construction The new facility will be a Type II Noncombustible structure. Structural members such as walls, floors, roofs, and supporting structural members will be of non-combustible or limited-combustible materials. Common Areas -14,200 sq. ft. Common areas which will be shared by both the Vigilant Hose Company & Shippensburg Area Emergency Medical Services will be as follows: 1. Apparatus bays 2. Training/meeting room 3. Conference room 4. Decontamination room 5. Fitness area 12,000 sq ft 1,450 sq ft 400 sq ft 100 sq ft 250 sq ft EXHIBIT "B" 8 double apparatus bays will be shared housing 2 engines, 2 county owned hazardous materials units, 1 tanker, 1 brush unit, 1 traffic unit, 2 utility units, 2 trailers (1 foam & 1 EMS), 4 ambulances. All bays will be drive through style allowing easy access from both sides. Equipment Storage - 2,400 sq. ft. Located within the bay area will be designated storage areas including hose & equipment storage, PPE storage, maintenance storage work area, SCBA filling and storage room, hazardous material equipment storage, fire police supplies storage, ladies auxiliary supplies storage, and emergency medical storage room. Also included is a loft area for additional storage and training area. Living Quarters - 4,900 sq. ft. Living quarters will be separate for Fire & EMS due to call activities. Each organization will be provided with male & female bunking facilities, male & female locker rooms, shower facilities, and lounge areas. Operational Areas - 2,400 sq. ft. Each organization will have offices for Chiefs and administrative positions. Offices will be provided for EMS reporting and study areas. Watch Room - 200 sq. ft. A watch room will be provided to serve as a communications area and reporting area. Historical Preservation/ Fire Safety Education Area - 900 sq. ft. A display and storage area for historical memorabilia will be provided. Included in this area will be the storage of paper history of minutes, convention books and photographs. Total Estimated Square Footage - 25,000 sq ft SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that in consideration of the promises and obligations given by the Vigilant Hose Company of Shippensburg to the Redevelopment Authority of the County of Cumberland pursuant to a Redevelopment Agreement dated the day of 2008, the Vigilant Hose Company of Shippensburg, does hereby appoint the Executive Director of the Redevelopment Authority of the County of Cumberland and his/her respective successor, as its true and lawful attorney in fact for itself and in its name, place, and stead, to enter into and take possession of the premises more particularly described on the attached Exhibit "A" and appurtenant easements, in or to which it shall be possessed or seized in any way or title or interest; and to grant, bargain and sell the same or any part thereof for One Dollar ($1.00) lawful money of the United States of America or such sum or price and upon such terms as them or any of them shall deem to meet; and to make, execute, acknowledge and deliver good and sufficient deeds and conveyances for the same, either with or without covenants or warranties; and to let and demise said premises and appurtenant easements for such rent and term or terms as they or any of them shall deem advisable; and to ask, demand, recover, receive and receipt for all sums of money which shall become due and owing to it by reason of any such bargain, sale or lease and to take all lawful ways and means for the recovery thereof and to compound and agree for the same, and to execute and deliver good and sufficient discharges and acquittance therefore; and to execute and deliver a cancellation agreement to the Redevelopment Authority of the County of Cumberland in the form set forth in Exhibit "B" attached hereto terminating the aforesaid Redevelopment Agreement. I further give and grant unto my said attorney in fact full power and authority to substitute one or more attorney or attorneys under them or any of them in or concerning the foregoing or any part thereof and the same at their pleasure or the pleasure of any of them to revoke; giving and granting unto the said attorney or any substitute or substitutes full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done in and about the foregoing, as fully to all intents and purposes as they might or could do if personally present, thereby ratifying and confirming all that the said attorney (or the substitute or substitutes) shall lawfully do or cause to be done by virtue hereof, and any other acts as set forth herein. The Vigilant Hose Company of Shippensburg does hereby make and declare this Power of Attorney to be irrevocable by it or otherwise, renouncing all right to revoke this power for or to appoint any other person to perform any of the acts enumerated herein. EXHIBIT "C" IN WITNESS WHEREOF, the Vigilant Hose Company of Shippensburg hereunto sets its hand and seal this day of , 2008. ATTEST VIGILANT HOSE COMPANY OF SHIPPENSBURG Secretary COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND By President ss On this, the day of , 2008, before me, the undersigned officer, personally appeared , who acknowledged himself to be the President of Vigilant Hose Company of Shippensburg, and that he as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. Notary Public File:F:Houston:Vigilant Hose POA CANCELLATION AGREEMENT AND MUTUAL RELEASE THE UNDERSIGNED PARTIES agree that the Redevelopment Agreement between Redevelopment Authority of the County of Cumberland and the Vigilant Hose Company of Shippensburg, dated , 2008, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, Instrument No. (the "Redevelopment Agreement"), and Addendum and Partial Assignment of Redevelopment Agreement, dated , 2008, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, Instrument No. (the "Addendum to Redevelopment Agreement"), for property located at 20 and 22 Walnut Bottom Road, Borough of Shippensburg, Cumberland County, Pennsylvania, bearing Tax Parcel Numbers: 32-33-1869-125-U1, 32-33-1869- 125-U2, and 32-33-1869-125-U3, and all appurtenant common elements, are canceled and the parties hereby release all of their rights, title and interest in and to the Redevelopment Agreement and Addendum to Redevelopment Agreement, and any and all claims arising therefrom. The parties hereby authorize and empower the Recorder of said County to enter this Cancellation Agreement and Mutual Release and to cause said Redevelopment Agreement and Addendum to Redevelopment Agreement to be released of record. Witness the due execution hereof with the intent to be legally bound. ATTEST: REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Secretary By Jimmie C. George Chairman WITNESS: THE VIGILANT HOSE COMPANY OF SHIPPENSBURG, by its Attorney-in-Fact EXHIBIT "D" WITNESS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHIPPENSBURG AREA EMERGENCY MEDICAL SERVICES, INC., by its Attorney-in-Fact : ss On this, the day of , 20before me, the undersigned officer, personally appeared Jimmie C. George, who acknowledged himself to be the Chairman of Redevelopment Authority of the County of Cumberland, and that he as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as Chairman. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the day of 20_, before me, the undersigned officer, personally appeared , who acknowledged himself to be the Attomey-in-Fact for The Vigilant Hose Company of Shippensburg, and that he as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as the Attomey-in-Fact. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss On this, the day of , 20_,1 before me, the undersigned officer, personally appeared , who acknowledged himself to the Attomey-in-Fact for Shippensburg Area Emergency Medical Services, Inc., and that he as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as the Attomey-in-Fact. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. Notary Public FAHOUSTOWShippensburg RedevelopmenACancel Agt.doc A NEaCEEDPAPER #0«1 NECY LE EXHIBIT "E" BOND KNOW ALL MEN BYn ?THESE PRESENTS, that a Declaration of Taking having been filed on the J- - day of /G /GGi , 2009, by the Redevelopment Authority of the County of Cumberland (the "Obligor"), a body corporate and politic and existing under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto the Commonwealth of Pennsylvania (the "Obligee") for the use and benefit of the owner or owners of the property condemned as hereinafter noted, and other proper parties in interest, for such amount of damage as the owner or owners of the property and other parties in interest shall be entitled to receive after the same shall have been agreed upon or assessed in the manner prescribed by law, by the reason of the condemnation by Obligor of certain land improvements located in the Borough of Shippensburg, Cumberland County, Pennsylvania and described as follows: ALL THOSE CERTAIN three (3) units in the property known, named and identified in the declaration referred to below as "Leeann Condominium" located in the Borough of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, the units' proportionate percentage interests in the common elements, and the withdrawable and convertible real estate, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 P. S. 3101, et. seq., by the recording in the Cumberland County Recorder of Deeds Office of the declaration dated December 4, 1996, and recorded December 6, 1996, in Misc. Book 536, Page 401 and identified as Tax Parcel Numbers 32-33-1869-125, 32-33-1869-125-U1, 32-33-1869- 125-U2, and 32-33-1869-125-U3. WHEREAS, the Obligor has condemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITION of this Bond is such that if the Obligor shall pay or cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled to receive by reason of such condemnation, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be and remain in full force and effect. SEALED with the corporate seal and duly executed this ,f'O"day of Ini rc , 2009. ATTEST: Secr REDEVELOPMENT AUTHORITY OF THE COUN OF CUMBERLAND By airman FAHOUSTOMShippensburg RedevelopmenABond.doc (1 ?s3?`' x1? l f7?? 1? 1`s' 5; C IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING : IN REM MEMORANDUM TO PROTHONOTARY You are hereby informed that a Notice of Filing of Declaration of Taking effected by the Declaration of Taking filed to the above term and Number on the 5t° day of March, 2009, was recorded in the Office of Recorder of Deeds of the above county on the 6`' day of March, 2009 in Instrument Number 000 0 9d&o 6,317 Martson Deard f Williams Otto Gilroy & Faller 10 East High S eet Carlisle, PA 17013 (717) 243-3341 Attorney for Condemnor Date: March 6, 2009 FAF1LES\C1ients\12502.2 CCRDAMernorandum to Prothotwtary.doc C-) G IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING : IN REM PROOF OF SERVICE The undersigned certifies that pursuant to 26 Pa. C.S.A. § 305 (B) (1) the undersigned did serve a true and attested copy of the Notice of Condemnation, attached hereto as Exhibit A, upon Leeann Corporation by registered mail on March 6, 2009 at the following address: 8997 131St Place North, Largo, Florida 33773-1411, as evidenced by the attached Exhibit B. Date: April 8, 2009 zy, C'? el o Hubert X. Gilroy, I.D. No. 29943 MARTSON DEA OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Condemnor WILLIAMS FAHOUSTON\Shippensburg Redevelopment\Leeann Corporation Mail Post and Adv Proof of Service.doc A RECYCLED PAPER `a RECYCLABLE N RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT TY, PENNSYLVANIA NO. 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING : IN REM NOTICE OF CONDEMNATION In accordance with Section 305 of the Eminent Domain Code 26 Pa.C.S.A. § 305, the Redevelopment Authority of the County of Cumberland notifies you that: 1. A Declaration of Taking, a copy of which is attached as Exhibit "A," was filed on the 5 h day of March, 2009, in the Court of Common Pleas of Cumberland County, at the above term and number. 2. JAYDIP, Inc., Leeann Condominium Association, Inc., and Leeann Corporation have been named as the Condemnees in this proceeding. 3. The name and address of the Condemnor is: Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 4. The property with Tax Parcel Numbers 32-33-1869-125, 32-33-1869-125- Ul, 32-33-1869-125-U2, and 32-33-1869-125-U3 in, Shippensburg, Cumberland County, Pennsylvania, which is more particularly identified and described on Exhibit "A" to the Declaration of Taking, has been condemned by the Redevelopment Authority of the County of Cumberland pursuant to the provisions of 35 P.S. 1712. 5. The condemnation is authorized under the Urban Redevelopment Law at 35 P.S. 1712 and is made pursuant to a Resolution adopted bN the Condemnor on the 12`h day of September, 2008. A copy of the Resolution is attached as Exhibit "A" Exhibit "D" to the Declaration of Taking. The original of the Resolution may be examined at the office of the Condemnor. 6. The interest in the property hereinabove described is hereby condemned in fee simple or absolute title by the Condemnor. The Condemnor filed with the Declaration of Taking an open-end bond without surety pursuant to Section 303 (A) of the Eminent Domain Code, 26 Pa. C.S.A. 303 (A). Just compensation is made or secured by the tiling of the bond, a copy of which is attached as Exhibit "E" to the Declaration of Taking. 8. If the Condemnee wishes to challenge the power or right of the Redevelopment Authority of the County of Cumberland to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor, or the Declaration of Taking, the Condemnee must file preliminary objections within thirty (30) days after being served with this Notice of Condemnation. Hubert X. Gilroy, Esquire I.D. No. 29943 ; MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Condemnor Date: March 6, 2009 F. IfOIs WN shirpcn:+burg Rcdoclopmcnt" V,.ticc A'G ndrmnation.dec .s R!(.VCLLO PAPIk Z , Rltt(:I A911 Registered NogmmalG3271l8 Rep. Feb • Handling ' Realm Charge Postage R Delivery Received by o? F-71 withIpt ~ Custor must I* L .? L MNran Full Value $ ttrttlna OFFICIAL Date Stamp: - i USE Ka' QLAW ZSMKI 10 EAST HIGH STUET U. CARL" TECH, C 10 8997 Met- PLACE NORTR LARGO n 3377i PS Form Copy May 2004 (753Q-02-000-90?i1) (3es MfwmaNon are ®arsr For domestic delivery information, visit our webalte at www.usps.com Exhibit "B" USPS - Track & Confirm AWS. Page 1 of 1 HQM I HWa I Sion In Track 3 Confirm FAtls Track & Confirm Search Results Label/Receipt Number: RE33 4590 327U S Status: Delivered Your item was delivered at 10:50 AM on March 13, 2009 in LARGO, FL 33770. t?r4 ir> A# # li on Hsw >? Track $t Conffirm 'A M Enter Label/Recsipt Number. t7o> Not>katioa Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 6?> bill-e Nov. G2gW-VA FoL!s S4Y1S§ 'M -jo.bli Privy PAX Temn.s-.41.MN NBkefLA L mWA_f&44ii1? Copyright@ 1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA .:` k k' t ^a:?gti sl•!y? :',) u.ke L, 9?}i-?,f c7 http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 3/17/2009 USPS - Track & Confirm Page 1 of 1 UN wSTATES PIQ A SElt1 RIT. Home I H4lQ I Sign In Track & Confirm Search Resuhs Label/Receipt Number: RE33 4590 3270 3 Associated Label/Receipt: Detailed Results: • Delivered, March 13,2009,10:50 am, LARGO, FL 33770 • Notice Left, March 12,2009, 10:05 am, LARGO, FL 33773 • Acceptance, March 06, 2009,4:29 pm, CARLISLE, PA 17013 <Bact Retain M USPACM !Ileac s Track & Confirm EA-Q& Track & Confirm _ Enter Label/Receipt Number. i'7o } Track 6 Confirm by email Get current event information or updates for your item sent to you or others by email. Ooa P Site Man Contact us Estma S2oVt Services AQW Privacy Palicv Isms l2f.U.gfl Natiflltai.siPlemier rr+ unta Copyright@ 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA is "11110 tivy,4 # )xnr uri•rh "iF http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 3/17/2009 FILED4ND RCE OF THE F,?OTFCN&iTARY 2009 APR --8 PM 3: 25 eve ? :? IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING : IN REM PROOF OF SERVICE The undersigned certifies that pursuant to 26 Pa. C.S.A. § 305 (B) (1) the undersigned did serve a true and attested copy of the Notice of Condemnation, attached hereto as Exhibit A, upon Leeann Condominium Association, Inc., by registered mail on March 6, 2009 at the following address: 8997 131` Place North, Largo, Florida 33773-1411, as evidenced by the attached Exhibit B. Date: April 8, 2009 OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Condemnor Hubert X. Gilroy, Esq re I.D. No. 29943 MARTSON DEAR RFF WILLIAMS FAHOUSTON\Shippensburg Redevelopment\Leeann Condominium Mail Post and Adv Proof of Service.doc ICI RE: CONDEMNATION BY THE REDEVELOMMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1397 CIVIL TERM : EMINENT DOMAIN PROCEEDING : IN REM NOTICE OF CONDEMNATION In accordance with Section 305 of the Eminent Domain Code 26 Pa.C.S.A. § 305, the Redevelopment Authority of the County of Cumberland notifies you that: 1. A Declaration of Taking, a copy of which is attached as Exhibit "A," was filed on the 5`h day of March, 2009, in the Court of Common Pleas of Cumberland County, at the above term and number. 2. JAYDIP, Inc., Leeann Condominium Association, Inc., and Leeann Corporation have been named as the Condemnees in this proceeding. 3. The name and address of the Condemnor is: Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 4. The property with Tax Parcel Numbers 32-33-1869-125, 32-33-1869-125- Ul, 32-33-1869-125-U2, and 32-33-1869-125-U3 in, Shippensburg, Cumberland County, Pennsylvania, which is more particularly identified and described on Exhibit "A" to the Declaration of Taking, has been condemned by the Redevelopment Authority of the County of Cumberland pursuant to the provisions of 35 P.S. 1712. 5. The condemnation is authorized under the Urban Redevelopment Law at 35 P.S. 1712 and is made pursuant to a Resolution adopted by the Condemnor on the 12`h day of September, 2008. A copy of the Resolution is attached as Exhibit "A" Exhibit "D" to the Declaration of Taking. The original of the Resolution may be examined at the office of the Condemnor. 6. The interest in the property hereinabove described is hereby condemned in fee simple or absolute title by the Condemnor. The Condemnor filed with the Declaration of Taking an open-end bond without surety pursuant to Section 303 (A) of the Eminent Domain Code, 26 Pa. C.S.A. 303 (A). Just compensation is made or secured by the tiling of the bond, a copy of which is attached as Exhibit "E" to the Declaration of Taking. 8. If the Condemnee wishes to challenge the power or right of the Redevelopment Authority of the County of Cumberland to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor, or the Declaration of Taking, the Condemnee must file preliminary objections within thirty (30) days after being served with this Notice of Condemnation. Hubert X. Gilroy, Esquire I.D. No. 29943 " MARTSON DEAI.DORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Condemnor Date: March 6, 2009 F 1101 SION Shippcn:,burg Rcde%dopmcnvV,:ncc,A'(' ndcnmahunAcc - Registered, No. AE33f3lf313dB Nilr Ila S a Date Stamp PS Form 3898, Roes" for R"laftred Nit soar customer June 2002 Wommftn on ftmm) For delivery information, visit our website at www.usmcorn Exhibit "B" USPS - Track & Confirm Page 1 of 1 UNI7W STATES ?Tdit Sl?RV?C'L?'e Home I -Hift I Sign In et IT _ Track & Confirm FAQs Track & Confirm Search Results LabeVReceipt Number: RE33 4590 313U S Status: Delivered Your item was delivered at 10:50 AM on March 13, 2009 in LARGO, FL 33770. ?Slthert4r > RNrrr er flSl?eer lNaa > Track & Confirm t ' Enter LatxWRecelpt Number. 80> Noli 01dong ..................... . Track 3 Confirm by email Get current event information or updates for your item sent to you or others by email. r ?i_C4_MeR G4?t?&i.u? FpsitS. ?i_4Yt services ,t4l? PLiy?Y P9J1?X T? s W Use t48G2Rel$.PJ?i?[.A.??n1? Copyright@ 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 3/17/2009 USPS - Track & Confirm Search Resuks Label/Receipt Number: RE33 4590 313U S Associated Label/Receipt: Detailed Results: • Delivered, March 13,2009, 10:50 am, LARGO, FL 33770 • Notice Left, March 12, 2009,10:05 am, LARGO, FL 33773 • Acceptance, March 06, 2009,4:27 pm, CARLISLE, PA 17013 t B?let Q^?aft? M t drT Ht J- Page 1 of 1 Track & cw*m ? ? Enter Label/Receipt Number. Bo> Mnltirfica?on O?laans.. _ ._._ _,_ Track & Conflrm by email Get current event information or updates for your item sent to you or others by email. oi? Site Man Contact Us F_9= Govt services ,iQbA RtWY PQIk TS2!]U UM Nall4Liai-&F..Wr er?S&11v[I.tS Copyright®1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrm l .smi.usps.com/PTSIntemetW eb/InterLabelDetail.do r1_j 3/17/2009 FIED -OFFICE OF 1WE PIR'Dnmn TAP 2009 APR -8 PM 3: 26 N IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1397 CIVIL TERM : EMINENT DOMAIN PROCEEDING : IN REM PROOF OF SERVICE The undersigned certifies that pursuant to 26 Pa. C.S.A. § 305 (B) (1) the undersigned did serve a true and attested copy of the Notice of Condemnation, attached hereto as Exhibit A, upon Mark S. Silver, Esquire, attorney for JAYDIP, Inc., by acceptance of service on April 6, 2009, as evidenced by the attached Exhibit B. Date: April 8, 2009 Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Condemnor OTTO FAHOUSTON\Shippensburg RedevelopmentVaydip Mail Post and Adv Proof of Service.doc kR-C-anFaR anai? I'N RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., N THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN-NSYLVANIA NO. 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING : N REM NOTICE OF CONDEMNATION In accordance with Section 305 of the Eminent Domain Code 26 Pa.C.S.A. § 305, the Redevelopment Authority of the County of Cumberland notifies you that: 1. A Declaration of Taking, a copy of which is attached as Exhibit "A," was filed on the 5"' day of March, 2009, in the Court of Common Pleas of Cumberland County, at the above term and number. 2. JAYDIP, Inc., Leeann Condominium Association, Inc., and Leeann Corporation have been named as the Condemnees in this proceeding. 3. The name and address of the Condemnor is: Redevelopment Authority of the County of Cumberland 114 North Hanover Street Carlisle, PA 17013 4. The property with Tax Parcel Numbers 32-33-1869-125, 32-33-1869-125- U1, 32-33-1869-125-U2, and 32-33-1869-125-U3 in, Shippensburg, Cumberland County, Pennsylvania, which is more particularly identified and described on Exhibit "A" to the Declaration of Taking, has been condemned by the Redevelopment Authority of the County of Cumberland pursuant to the provisions of 35 P.S. 1712. 5. The condemnation is authorized under the Urban Redevelopment Law at 35 P.S. 1712 and is made pursuant to a Resolution adopted by the Condemnor on the 12`h day of September, 2008. A copy of the Resolution is attached as Exhibit "A" " Exhibit "D" to the Declaration of Taking. The original of the Resolution may be examined at the office of the Condemnor. 6. The interest in the property hereinabove described is hereby condemned in fee simple or absolute title by the Condemnor. The Condemnor filed with the Declaration of Taking an open-end bond without surety pursuant to Section 303 (A) of the Eminent Domain Code, 26 Pa. C.S.A. 303 (A). Just compensation is made or secured by the filing of the bond, a copy of which is attached as Exhibit "E" to the Declaration of Taking. 8. If the Condemnee wishes to challenge the power or right of the Redevelopment Authority of the County of Cumberland to appropriate the condemned property, the sufficiency of the security, the procedure followed by the Condemnor, or the Declaration of Taking, the Condemnee must file preliminary objections within thirty (30) days after being served with this Notice of Condemnation. Hubert X. Gilroy, Esvire I.D. No. 29943 MARTSON DEA1rDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Condemnor Date: March 6, 2009 P. 1101 SiON Shippcn,hurg Rcdockpncnt'NV hccrfC. ndonnahonAcc RECYCLED PAPER RECYCLABLE 9 Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Condemnor IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1397 CIVIL TERM : EMINENT DOMAIN PROCEEDING : IN REM ACCEPTANCE OF SERVICE I, Mark S. Silver, Esquire, attorney for JAYDIP, Inc., hereby accept service of the Notice of Condemnation in the above-referenced action on ( , 2009, on behalf of JAYDIP, Inc., and certify that I am authorized to do so. 1 i Mark S. Silver, Esquire Exhibit "B" FILED-OFFICE OF THE PR -HO TAPY 2009 APR -8 PM 3.26 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ORDER APPOINTING BOARD OF VIEWERS AND NOW, this day of , 2009, upon consideration of the Petition of the Redevelopment Authority of the County of Cumberland for the Appointment of a Board of Viewers, the Court hereby appoints: as a Board of Viewers to assess just compensation in the condemnation and further Orders that the Board of Viewers perform its duties in accordance with the law and Acts of Assembly and grants leave to the Board of Viewers to issue an interlocutory report or reports covering such properties or claims as the Board of Viewers deems appropriate. BY THE COURT: cc: Leeann Condominium Association, Inc. Leeann Corporation Jaydip, Inc. Edgar J. Rosenberry Mark S. Silver, Esquire Robert C. Saidis, Esquire Hubert X. Gilroy, Esquire J. FAFILES\Clients\12502.2 CCRDA\12502.2.Pet.Bd.View.doc IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PETITION FOR APPOINTMENT OF BOARD OF VIEWERS The Petition of the Redevelopment Authority of the County of Cumberland, by and through its counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, respectfully represents: 1. The condemnor is the Redevelopment Authority of the County of Cumberland ("Condemnor"), whose address is 114 North Hanover Street, Suite 104, Carlisle, Pennsylvania 17013. 2. On March 5, 2009, Condemnor filed a Declaration of Taking in the above-referenced matter. A copy of the Declaration of Taking is attached hereto as Exhibit "A." 3. No preliminary objections to the Declaration of Taking have been filed. 4. The names and addresses of all Condemnees known by Condemnor to have an interest in the condemned properties are set forth in Exhibit "A" to the Declaration of Taking, and are as follows: a. Jaydip, Inc. 805 Acri Road Mechanicsburg, PA 17050-2231 FARLESThents\12502.2 CCRDA\12502.2.Pet.Bd.View.doc b. Leeann Condominium Association, Inc. c/o American Micro Tech, Inc. 8997 1313` Place North Largo, FL 33773-1411 C. Leeann Corporation c/o American Micro Tech, Inc. 8997 131 st Place North Largo, FL 33773-1411 5. The name of all mortgage or lien holders of record known to Condemnor are: Edgar J. Rosenberry 8997 13152 Place North Largo, FL 33773-1411 6. A description of the condemned properties is fully set forth in Resolution No. 08-011, adopted on August 5, 2008, Resolution No. 08-028, adopted on August 21, 2008, and the Resolution adopted on September 12, 2008, copies of which are attached to the Declaration of Taking, and the originals of which may be examined at the offices of the Condemnor. WHEREFORE, Condemnor, the Redevelopment Authority of the County of Cumberland, respectfully requests that this Honorable Court appoint three viewers to ascertain just compensation to which the Condemnees are entitled, and to assess the benefits, if any, arising from the above- captioned condemnation. MARTSON LAW OFFICES By re Hubert X. Gilroy, E76 I.D. No. 29943 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 25, 2009 Attorney for Condemnor FAFILESUients\12502.2 CCRDA\12502.2.Pet.Bd.View.doe A RECYCLED PAPER iJ RECVC1- ""' A if IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-33 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. J7-)3f 7 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM DECLARATION OF TAKING Pursuant to the authority granted to it at 35 P.S. 1709 of the Urban Redevelopment Law, and based on the provisions of Chapter 3, Section 302, of the Eminent Domain Code, 26 Pa.C.S.A. §302, the Redevelopment Authority of the County of Cumberland, respectfully represents that: 1 The Condemnor is the. Redevelopment Authority of the County of Cumberland. 2 The address of the Condemnor is: Redevelopment Authority of the County of Cumberland 114 North Hanover Street Suite 104 Carlisle, PA 17013-2445 TRUE In zP A c? -%,:,! ' .,) Tn COPY St!IT171'f r6,f is^!"t:i?f, (Pi';.r;? !1:1! -1 i:1v hand and the seal o' said, Co;. "t at carlis;^, Pa. This ....... y e Ma1 ....................raw : L / ?( - Prothonotary c- Cry N a ii :--(, -0 w cn Exhibit "A" 0 V r7i 3 c?- ?D ri r 3 The Redevelopment Authority of the County of Cumberland is authorized by 35 P.S. § 1709 (a) of the Urban Redevelopment Law to acquire by eminent domain any property located in a redevelopment area. 4 The Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, on September 12, 2007, certified as a redevelopment area that portion of the Borough of Shippensburg, Cumberland County, Pennsylvania described as the Walnut Bottom Redevelopment Area (hereinafter the "Walnut Bottom Road Redevelopment Area"), which included four (4) parcels one of which is the Premises hereby condemned and hereinafter described (hereinafter the "Premises"). 5 A Schedule of Property Condemned identifying and specifying the location of the Premises is attached hereto as Exhibit "A" and made a part hereof. 6 The Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, on September 20, 2007, certified as a redevelopment area the Walnut Bottom Redevelopment Area, which included the Premises. 7 The Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, on June 11, 2008 adopted a Redevelopment Area Plan for the Walnut Bottom Road Redevelopment Area and certified to the Borough of Shippensburg Council a Redevelopment Plan Proposal prepared by the Condemnor for the redevelopment of the Premises. 8 The Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, on June 19, 2008, adopted a Redevelopment Area Plan for the Walnut Bottom Road Redevelopment Area and certified to the County of Cumberland Commissioners a Redevelopment Plan Proposal prepared by the Condemnor for the redevelopment of the Premises. 9 The Borough of Shippensburg Council, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, after public hearing on August 5, 2008, approved the Redevelopment Plan Proposal and the form of a Redevelopment Agreement for the redevelopment of the Premises. A copy of the proof of publication for said public hearing is attached hereto as Exhibit "B" and incorporated herein. 10 The County of Cumberland Commissioners, in conformity with the provisions of the Urban Redevelopment Law of 1945, P.L. 991, as amended, after public hearing on August 21, 2008, approved the Redevelopment Plan Proposal and the form of a Redevelopment Agreement for the redevelopment of the Premises. A copy of the proof of publication for said public hearing is attached hereto as Exhibit "C" and incorporated herein. r II • The interest in the Premises hereinafter described is hereby condemned in fee simple or absolute title by the Condemnor pursuant to the Urban Redevelopment Law at 35 P.S. 1712, as authorized by Resolution adopted by the Condemnor on the 12th day of September, 2008. A copy of the Resolution is attached as Exhibit "D." The original Resolution may be examined at the offices of the Condemnor at the above address. 12 On the same day as this Declaration is being filed with the Prothonotary, a Notice of Filing of Declaration of Taking is being filed in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in accordance with Section 304 of the Eminent Domain Code, 26 Pa.C.S.A. §304. 13 The purpose of the acquisition of the Premises is for redevelopment pursuant to the Urban Redevelopment Law of 1945, P.L. 991, as amended, and as authorized by Resolution adopted by the Condemnor on the 12th day of September, 2008 14 The name or names of any mortgagee(s) or lienholder(s) of record are: Edgar J. Rosenberry 8997 131st Place North Largo, Florida 33773-1411 15 The Condemnor files with this Declaration an open-end bond without surety pursuant to Section 303(A) of the Eminent Domain Code, 26 Pa.C.S.A. §303(A). Just compensation is made or secured by the filing of the bond. A copy of the bond is attached as Exhibit "E." ATTEST: Secretary REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND By C rman Hubert X. Gilroy, Es Attorneyy for Condemnor MARTSO?N DEARDORFF WI 10 East High Street Carlisle, PA 17013 (717) 243-3341 IAMS OTTO GILROY & FALLER I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4909, relating to unworn falsification to authorities. REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND ?C By U, ---I J- pl-, Christo her Gulotta Executive Director I'MOUSTOMShippensburg Redevelopment Dec ofTaking.doc IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM : EMINENT DOMAIN PROCEEDING : IN REM SCHEDULE OF PROPERTY ALL THOSE CERTAIN three (3) units in the property known, named and identified in the declaration referred to below as "Leeann Condominium" located in the Borough of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, the units' proportionate percentage interests in the common elements, and the withdrawable and convertible real estate, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 P. S. 3101, et. seq., by the recording in the Cumberland County Recorder of Deeds Office of the declaration dated December 4, 1996, and recorded December 6, 1996, in Misc. Book 536, Page 401 and identified as Tax Parcel Numbers 32-33-1869-125, 32-33-1869-125-U1, 32-33-1869- 125-U2, and 32-33-1869-125-U3. Names/Addresses of Condemnees JAYDIP, Inc. 805 Acri Road Mechanicsburg, PA 17050-2231 Location of Property Deed Book 253 p. 1385 Misc. Book 536, p. 401 Deed Book I-23, p. 711 Leeann Condominium Association, Inc. CIO American Micro Tech, Inc. 8997 131" Place North Largo, FL 33773-1411 Leeann Corporation C/O American Micro Tech, Inc. 8997 131x` Place North Largo, FL 33773-1411 Misc. Book 536, p. 401 Deed Book I-23, p. 711 Misc. Book 536, p. 401 Deed Book I-23, p. 711 EXHIBIT A RESOLUTION NO. 08-011 RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF SHIPPENSBURG FOR THE APPROVAL OF A REDEVELOPMENT PLAN PROPOSAL FOR A PORTION OF THE WALNUT BOTTOM ROAD REDEVELOPMENT AREA WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, as amended, on August 21, 2007, certified as a redevelopment area that portion of the Borough of Shippensburg, Pennsylvania (hereinafter referred to as the "Borough") described as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on September 20, 2007, certified as a redevelopment area that portion of the Borough as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, on June 11, 2008, adopted a Redevelopment Area Plan for the redevelopment of the Walnut Bottom Road Redevelopment Area and certified to the Borough Council of the Borough of Shippensburg its recommendation for the approval of a Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area, being all that certain tract of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania containing three units of condominium and common elements with Tax Parcel Nos. 3233- 1860-125; 32-33-1869-125- U1; 32-33-1869-125-U2; and 32-33-1869-125-U3. WHEREAS, on August 5, 2008, the Borough Council of the Borough of Shippensburg held a public hearing upon the Redevelopment Plan Proposal for the redevelopment of the premises described in the Redevelopment Plan Proposal; and WHEREAS, the Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area contains the form of a redevelopment contract for the redevelopment of the premises described in the Redevelopment Plan Proposal. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Shippensburg that it approves the Redevelopment Plan Proposal as submitted and that the redevelopment contract contained in the Redevelopment Plan Proposal is found to be in substantial conformity with the Redevelopment Plan Proposal and that the Redevelopment Authority is authorized to execute the said redevelopment contract. Exhibit "B" I HEREBY CERTIFY that the foregoing is a true and correct copy of the • Resolution adopted by the Borough Council of the Borough of Shippensburg at its meeting held on August 5, 2008. ATTEST: BOROUGH COUNCIL OF THE BOROUGH OF SHIPPENSBURG Secretary By?2,t, ?J Pr sident SEAL L . 72-•z-?-^ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 139h, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): July 11, 18, 25, 2008 COPY OF NOTICE OF PUBLICATION Hummamami The Borough Cou tx of to Borough of Shipperabwg?t Council Meeting Roogm. Monday. August b, , 2009, at 7A•6 P.M., fn 111 North Fayette Sliest, Sho on burg, PA 17257. to receive pulft comment on a RedevNoprtrsnt Plea Propwii prpered by the Redevelopment Audwft of the of Cnxnbsrland for a of an area designated as the Walnut Bottom Rod *d4Cw kl w*d Area = in 1M Borough of Shippensburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ALL THAT CERTAIN tract of land alluste In the Borough of Shlppensburg, Cumberfand County, Pennsylvania, bounded and described as tows: BEGINNING at a point on the southerly right of way line of Walnut Bottom Road said po?M ako being On westerly property of Tax Parch No. 32-33.11!00.125 as shown on mapping of this Cumberland County Board of Aeaessmerri; THENCE, procesdkg in an eeatery direction along said southerly right of way lore of 1Nak+td =m Rod to the point of InMreeollon wive thb ngrgwrsslery right of way fine of East Orange Street, extended. THENCE. proceeding in a southwesterly direction siong said nortlnwesiery '- d way In of East Orange Street and across and acres Craig Sheet b the point of krbrseolfon with this southwesterly properly fine of Tax Paroai No. 32-33491111-125; THENCE, proceeding in a north irection a" said southwesterly property lins of Tax ParcalNo. lo this point of intersection with the southerly right of way fine of Wakwt Bottom Rued, On point of BEGINNING. Comisk" three units of condominium and commom elements with Tax Pate" Nos, 32-33.1999-125; 32-33-1999-125-U1; 32.33-1899.125-U2, and 32-33-1969-125-U3. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 28th day of iuly, 2008. At the public hearing, the Borough Council of the Borough of Shippensburg shall afford an opportunity to ant persons or agencies Interested to be heard and shall receive, make known, and consider recommendations in writing with reference to the Redevelopment Plan Proposal. Note Public The Redevelopment Plan Proposal with such maps, plans, redevelopment contracts or other documents that form part of said proposal, together with the recommendations, if any, of the Borough of Shippensburg Planning Commission and supporting data Is avaflehle for public inspection at the Borough of Shippensburg, 111 North Fayette Street, Shippensburg, PA 17257. Written comments wig be received unUi 4:00 P M., Monday. August 4, 2008, and My commission expires: should be directed to William Wolfe, Manager, Borough of Shippensburg, P.O Box 129, Shippensburg, PA 17257 Persons with disabilities or non-English speaking residents wishing to receive special accommodations in order to participate at the public hearing on August 5, 2008, should notify Mr. Wage by 4:00 P.M. on Tuesday, August 5, 2008. TDD users may access this number by utilizing the PA Relay Service at 14X0-954-5984. Christopher Gulotta Executive Director Redevelopment Authority of the Counthy of Cumberland NOW K SEM BONr% A CANUP Nolofy PtIbMC CART ISLE BOROUGH, CUMBERLAND COUhW My Commisdon Expires Jun 6, 2009 agog- -a F RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF CUMBERLAND FOR THE APPROVAL OF A REDEVELOPMENT PLAN PROPOSAL FOR A PORTION OF THE WALNUT BOTTOM ROAD REDEVELOPMENT AREA WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, as amended, on August 21, 2007, certified as a redevelopment area that portion of the Borough of Shippensburg, Pennsylvania (hereinafter referred to as the "Borough") described as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on September 20, 2007, certified as a redevelopment area that portion of the Borough as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, on June 11, 2008, adopted a Redevelopment Area Plan for the redevelopment of the Walnut Bottom Road Redevelopment Area and certified to the Borough Council of the Borough of Shippensburg its recommendation for the approval of a Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area, being all that certain tract of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania containing three units of condominium and common elements with Tax Parcel Nos. 32-33- 1869-125; 32-33-1869-125- U1; 32-33-1869-125-U2; and 32-33-1869-125-U3; and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on June 19, 2008, adopted a Redevelopment Area Plan for the redevelopment of the Walnut Bottom Road Redevelopment Area and certified to the County Commissioners of the County of Cumberland its recommendation for the approval of a Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area, being all that certain tract of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania containing three units of condominium and common elements with Tax Parcel Nos. 32-33- 1869-125; 32-33-1869-125- U1; 32-33-1869-125-U2; and 32-33-1869-125-U3; and WHEREAS, the Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area contains the form of a redevelopment contract for the redevelopment of the premises described in the Redevelopment Plan Proposal; and Exhibit "C" • WHEREAS, on August 5, 2008, the Borough Council of the Borough of Shippensburg held a public hearing upon the Redevelopment Plan Proposal for the redevelopment of the premises described in the Redevelopment Plan Proposal and adopted a resolution approving the Redevelopment Plan Proposal and finding that the redevelopment contract in the Redevelopment Plan Proposal is found to be in substantial conformity with the Redevelopment Plan Proposal and that the Cumberland County Redevelopment Authority is authorized to execute the said redevelopment contract. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Cumberland that it approves the Redevelopment Plan Proposal as submitted and that the redevelopment contract contained in the Redevelopment Plan Proposal is found to be in substantial conformity with the Redevelopment Plan Proposal and that the Cumberland County Redevelopment Authority is authorized to execute the said redevelopment contract. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Resolution adopted by the Board of Commissioners of the County of Cumberland at its meeting held on Z , 20 - Q464 BOA OF MMISS NERS OF HE CO OF UMBERLAND By U 7 jA4-?V3?tf"? F \HOUSTOWShippensburg RedevlopmentUB Co Resolution.doc 2 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 136+,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): July 24, 31, August 7, 2008 COPY OF NOTICE OF PUBLICATION The Board of Commissionere of the County of Cumberland will hold a public hearing on Thursday, Aupuel 21,2008, at 10:00 A.M., in the Comrrilesloners' Hearing Room, Second Floor, Courthouse, Caddo, PA 17013, to receive public comment on a Rodev meet Plan Proposal prepared by the Redevelopment Authority of oad RR for moped Inn Via B an dof a? Walnut Bottom rg, Cumberland County, Pennsybrania, more particularly bftndsd and described as follows: ALL THAT CERTAIN tract of land sit" In the Borough of 3h nsburg, Cumberland County, Penneykwft. bounded and described as follows: BEGINNING at a point on the southerly right of way fine of Walnut Bottom Road said point also being the westerly property Rw of Tax Parcel No. 32-33.1 SW 126 as shown do mappkq of to Cumberland County Board of Assessment; THENCE. In an see" direction along said intanioton twa *w of ? Bottom Road b the point of ? ?aanc East Orange o mid extended; THENCE. a n rlplt of way lira Eye ang.8 port and acroN raig Strom b its post of IMSrssotlon widr the soutwwslsny line of Tax Parcel No. 32-33.100,125. THENCE. C:ooding In a n sriy diredYon along said souttwsslMy property fins of Tax Parcel' 140.32-33-1 5 125, b 1M opnomNIM of inbnwctbn with Me southerly right of way line of Waknt Bob= Road, ire point of BEGINNING. Containing Mrs units of condominium and common slemems with Tax Parcel Nos. 32-33.1858-125; 32.33-1658-125-1.111; 32-33-1659.125-U2: and 32-33-1869-125-1339. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. iG Sworn to and subscribed before me this 7th der of August, 2008. At the public hearing, the Board of CommissIeW s of the County of Cumberland shall afford an opportunity to ail persons or agendas interested to be heard and shah receive, make known, and consider recommendations in writing with reference to V&97?t ids the Redevelopment Plan Proposal. Notary b11C The Redevelopment Plan Proposal with such maps, plans, redevelopment contracts or other documents that form part of said proposal, together with the recommendatons, d any. of the Cumberland County Punning Commission and supporting data Is available for public knpecton at the Ou eland County Redevelopment Authority, 114 North Hanover Street, Carlisle, PA 17013. Written comments will be received until 4:00 P M., Wednesday, August 20, 2008, and My commission expires: should be directed to Dennis Marion, Chief Operating Officer, County of Cumberland, Courthouse, Carliele, PA 17013. Persons with disabilities or non-English speaking residents wishing to receive special accommodations in order to participate at the public hearing on August 21, 2008, should notify Mr. Marion by 4:00 P.M. on Wednesday, August 20, 2008. TDD users may access this number by utilizing the PA Relay Service at 1-800-854-5984. Christopher Gulotta Executive Director Redevelopment Authority of the County otCumberland NOURK SEAL BONRA A CANUP NokXy RA ft CART ISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Jun S. 2009 RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AUTHORTY OF THE COUNTY OF CUMBERLAND WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, as amended, on September 12, 2007, certified as a redevelopment area that portion of the Borough of Shippensburg, Pennsylvania (hereinafter referred to as the "Borough") described as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on September 20, 2007, certified as a redevelopment area that portion of the Borough known as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, on June 11, 2008, adopted a Redevelopment Area Plan for the redevelopment of the Walnut Bottom Road Redevelopment Area and certified to the Borough Council of the Borough of Shippensburg its recommendation for the approval of a Redevelopment Plan Proposal for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area, being all that certain tract of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania containing three units of condominium and common elements with Tax Parcel Nos. 32-33- 1869-125; 32-33-1869-125- U1; 32-33-1869-125-U2; and 32-33-1869-125-U3 (the "Premises"); and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on June 19, 2008, adopted a Redevelopment Area Plan for the redevelopment of the Walnut Bottom Road Redevelopment Area and certified to the County Commissioners of the County of Cumberland its recommendation for the approval of a Redevelopment Plan Proposal for the redevelopment of the Premises; and WHEREAS, the Redevelopment Plan Proposal for the redevelopment of the Premises contains the form of a redevelopment contract (the "Redevelopment Contract") for the redevelopment of the premises described in the Redevelopment Plan Proposal by The Vigilant Hose Company of Shippensburg; and WHEREAS, on August 5, 2008, the Borough Council of the Borough of Shippensburg held a public hearing upon the Redevelopment Plan Proposal for the redevelopment of the premises described in the Redevelopment Plan Proposal and adopted a resolution approving the Redevelopment Plan Proposal and finding that the Redevelopment Contract in the Redevelopment Plan Exhibit "D" Proposal is found to be in substantial conformity with the Redevelopment Plan Proposal and that the Redevelopment Authority of the County of Cumberland (the "Authority") is authorized to execute the said Redevelopment Contract; and WHEREAS, on August 21, 2008 the Board of Commissioners of the County of Cumberland held a public hearing upon the Redevelopment Plan Proposal for the redevelopment of the premises described in the Redevelopment Plan Proposal and adopted a resolution approving the Redevelopment Plan Proposal and finding that the Redevelopment Contract in the Redevelopment Plan Proposal is found to be in substantial conformity with the Redevelopment Plan Proposal and that the Authority is authorized to execute the said Redevelopment Contract; and WHEREAS, the Authority desires to execute the Redevelopment Contract and to proceed with the acquisition of the Premises. NOW, THEREFORE, BE IT RESOLVED, that the Authority does hereby declare that the Walnut Bottom Road Redevelopment Area is blighted and that a majority of the units of property that are located in the Walnut Bottom Road Redevelopment Area meet any one of the following criteria: A premises, which, because of physical condition or use, is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with the municipality housing, building, plumbing, fire or related codes. 2. A premises which, because of physical condition, use or occupancy, is considered an attractive nuisance to children. 3. Three or more of the following characteristics exist on a unit of property in the Walnut Bottom Road Redevelopment Area: a. Unsafe or hazardous conditions. b. Unsafe external and internal accessways. c. The property is vacant. BE IT FURTHER RESOLVED by the Board of Directors of the Authority that it approves the execution of the Redevelopment Contract with The Vigilant Hose Company of Shippensburg, a Pennsylvania non-profit corporation that meets the definition of an institution of purely public charity pursuant to the Act of November 26, 2007 (P.L. 508, No. 55), known as the Institutions of Purely Public Charity Act. BE IT FURTHER RESOLVED, that the Authority approves the execution of an Addendum To and Partial Assignment of Redevelopment Agreement that provides for a partial assignment of the Redevelopment Contract with The Vigilant Hose Company of Shippensburg to Shippensburg Area Emergency Medical Services, Inc., a Pennsylvania non-profit corporation that meets the definition of an institution of purely public charity pursuant to the Act of November 26, 2007 (P.L. 508, No. 55), known as the Institutions of Purely Public Charity Act. BE IT FURTHER RESOLVED, that upon finding that the Premises is a blighted property that is located in the Walnut Bottom Road Redevelopment Area, and in need of redevelopment in accordance with the Redevelopment Area Plan Proposal, the Authority does further select and appropriate for acquisition and disposition in accordance with the Redevelopment Contract and with law the Premises, which are more fully described, as follows: ALL THOSE CERTAIN three (3) units in the property known, named and identified in the Declaration referred to below as "Leann Condominium," located in the Borough of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, the units' proportionate percentage interests in the common elements, and the withdrawable and convertible real estate, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 P.S. 3101, et seq. by the recording in the Cumberland County Recorder of Deeds Office of the Declaration dated December 4, 1996 and recorded December 6, 1996 in Miscellaneous Book 536, page 401. EXCLUDING THEREFROM all real estate condemned by the Commonwealth of Pennsylvania pursuant to eminent domain proceedings filed at 08-2404 Civil Term in the Court of Common Pleas of Cumberland County on April 15, 2008. BE IT FURTHER RESOLVED, that the Authority shall offer to purchase the Premises from the owners thereof in lieu of condemnation or, in the alternative thereof, acquire the Premises in accordance with the Pennsylvania Eminent Domain Code. BE IT FURTHER RESOLVED, that the title to the Premises acquired shall be absolute or fee simple title, including all easements, rights of way, and real property interests of whatsoever nature. BE IT FURTHER RESOLVED, that counsel for the Authority and its officers are hereby authorized to file a Declaration of Taking and such other proceedings, including the entry of such bond as may be necessary or desirable, to carry out the purpose of this resolution. BE IT FURTHER RESOLVED, that the institution of any eminent domain proceedings, and any such damages which may be agreed upon or awarded to 3 any party in interest shall be paid out of the funds of the Authority and that the Authority shall be compensated therefore pursuant to the Redevelopment Contract. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Resolution adopted by the Board of Directors of the Redevelopment Authority of the County of Cumberland at its meeting held on September 12, 2008. Date: September 12, 2008 Redevelopment Authority of the County of Cumberland C_ - C ( B _ f _rC - y Chri topher Gulotta, Secretary FIHOUSTOWShippensburg Redevlopment%RA Shipp Res.doc 11.5.07!4.30.08 REDEVELOPMENT AGREEMENT BETWEEN REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND AND THE VIGILANT HOSE COMPANY OF SHIPPENSBURG FOR THE DEVELOPMENT OF 20 AND 22 WALNUT BOTTOM ROAD, SITUATE IN THE WALNUT BOTTOM ROAD REDEVELOPMENT AREA LOCATED IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA TAX PARCEL NUMBERS: 32-33-1869-125-U1 32-33-1869-125-U2, AND 32-33-1869-125-U3 AND ALL APPURTENANT COMMON ELEMENTS AND CONVERTIBLE AND WITHDRAWABLE REAL ESTATE d THIS AGREEMENT enter into as of the - day of n4'- , 200 by and between the REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND, a body corporate and politic, incorporated under the laws of the Commonwealth of Pennsylvania, with offices at 114 North Hanover Street, Carlisle, Pennsylvania 17013 (hereinafter referred to as the "Authority") and The Vigilant Hose Company of Shippensburg, with offices at 129 East King Street, Shippensburg, Pennsylvania 17257 (hereinafter referred to as the "Redeveloper"). WITNESSETH: WHEREAS, the Authority is a public body and a body corporate and politic duly created and organized pursuant to and in accordance with the provisions of the Urban Redevelopment Law of May 24, 1945, of the Commonwealth of Pennsylvania, as amended; and is duly authorized, among other things, to exercise the right of eminent domain, to purchase and acquire real estate to clear buildings and other improvements therefrom, to enter into agreements with others, and to convey real estate to others, all for the purposes of redevelopment of real estate and the elimination of blighted areas; areas which are inadequately planned; excessive land coverage; inadequate light, air and open space; defective design, construction, street pattern and lot layout; and economically and socially undesirable land uses, and in connection therewith to take all such action as is provided for herein; and WHEREAS, the Planning Commission of the Borough of Shippensburg, in conformity with the provisions of the Urban Redevelopment Law, on September 12, 2007, certified as a redevelopment area that portion of the Borough of Shippensburg, Pennsylvania (hereinafter referred to as the "Borough") described as the Walnut Bottom Road Redevelopment Area; and WHEREAS, the Planning Commission of the County of Cumberland, in conformity with the provisions of the Urban Redevelopment Law, on September 20, 2007, certified as a redevelopment area that portion of the Borough as the Walnut Bottom Road Redevelopment Area; and WHEREAS, on June 11, 2008 the Borough Planning Commission adopted a Redevelopment Area Plan making recommendations for land uses, standards of population densities, land coverage, zoning changes, street layout and street changes, and other details as therein set forth for the redevelopment of the Walnut Bottom Road Redevelopment Area (the "Redevelopment Area Plan") and certified to the Borough of Shippensburg Council (the "Borough Council") a Redevelopment Plan Proposal prepared by the Authority for the redevelopment of a portion of the Walnut Bottom Road Redevelopment Area, being the hereinafter described real estate (the "Redevelopment Plan Proposal"); and WHEREAS, on August 5, 2008 the Borough Council approved the Redevelopment Plan Proposal and this Redevelopment Agreement (the "Agreement"), which the Borough Council found to be in substantial conformity with the Redevelopment Plan Proposal; and WHEREAS, on June 19, 2008 the Cumberland County Planning Commission adopted the Redevelopment Area Plan and certified to the County of Cumberland Commissioners (the "County Commissioners") the Redevelopment Plan Proposal; and WHEREAS, on August 21, 2008 the County Commissioners approved the Redevelopment Plan Proposal and this Agreement, which the County Commissioners found to be in substantial conformity with the Redevelopment Plan Proposal; and WHEREAS, the Redeveloper is authorized to enter into this Agreement and to acquire real estate for the purposes hereinafter described; and WHEREAS, the Authority has authorized the execution, delivery and recording of this Agreement pursuant to appropriate Resolution of the Authority adopted September 12, 2008. WHEREAS, it is the purpose of this Agreement to eliminate the blighted conditions and to increase the land values in the Walnut Bottom Road Redevelopment Area by eliminating economically and socially undesirable land 2 uses, for the promotion of the health, safety, convenience and general welfare of the citizens of the Borough and the County of Cumberland, wherein the Borough is located. NOW, THEREFORE, the parties hereto, INTENDING TO BE LEGALLY BOUND, in consideration of the mutual undertakings, agree as follows: ARTICLE 1 SALE AND CONVEYANCE OF THE PREMISES 1.1 The Premises. The real estate covered by this Agreement is identified on Exhibit "A" attached hereto and incorporated herein by reference and consists of approximately 3.2 acres of land situate along Walnut Bottom Road and East Orange Street in the Borough of Shippensburg, County of Cumberland, Pennsylvania, known as 20 and 22 Walnut Bottom Road, with tax parcel numbers: 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869-125-U3 (hereinafter referred to as the "Premises"). 1.2 Title. Subject to the Conditions Precedent set forth in Article II of this Agreement, the Authority, shall acquire good and marketable title to the Premises, such as will be insured by at least one reputable title insurance company in the County of Cumberland at regular rates and thereafter shall convey title to the Premises to the Redeveloper by special warranty deed, which deed shall be delivered at settlement; subject to the terms and conditions of this Agreement, the provisions of the Redevelopment Area Plan and Redevelopment Plan Proposal; as well as applicable zoning, planning and building regulations of the Borough and the County of Cumberland. 1.3 Preparation of Deeds. The Authority shall prepare the deed to the Premises and appurtenant easements at the Authority's own cost and expense. 1.4 Recordation of Instruments. The Authority shall have this Agreement, in its entirety, recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania immediately following the recordation of the deed delivered in accordance with this Agreement, which recordation shall be the responsibility of the Authority and shall take place immediately after settlement. 1.5 Price. The consideration that Redeveloper shall pay to the Authority for the Premises shall be an amount equal to either: (A) The consideration paid by the Authority for the Premises by amicable transfer of title from the current record owners of any right, title, or interest in the Premises (the "Record Owners") (the "Amicable Acquisition Price"); or 3 (B) In the event the Premises is acquired by the Authority by condemnation pursuant to its power of eminent domain (the "Eminent Domain Proceedings"), an amount equal to the amount of just compensation which the Authority shall pay to the Record Owners through the acquisition of the Premises by the Authority, as determined through the Eminent Domain Proceedings and the Eminent Domain Code, 26 Pa.C.S.A §101, et. seq. (the "Eminent Domain Code") (the "Condemnation Price"). In addition to either the Amicable Acquisition Price or the Condemnation Price (hereinafter the "Price") to be paid for the Premises, the Redeveloper shall reimburse the Authority for: (A) Any amount paid by the Authority to an Authority designated CPA firm for the review of the audited financial statements of the Redeveloper, as provided for in Paragraph 2.1 (the "Audit Review Cost"); (B) Any amount paid by the Authority for the Appraisal, as provided for in Paragraph 2.6 (the "Appraisal Cost"); (C) Any amount which the Authority is obligated to pay the Record Owners pursuant to the Eminent Domain Code, including, but not limited to: (a) expenses incidental to the transfer of title, (b) payment on account of increased mortgage costs, (c) loss of rentals because of imminence of condemnation, (d) delay compensation, (e) consequential damages, (f) special damages for displacement, and (f) any payment toward reasonable expenses actually incurred for appraisal, attorney, and engineering fees (the "Eminent Domain Costs"); and (D) The Authority's reasonable attorney fees incurred in the Eminent Domain Proceedings (the "Authority's Attorney Fees"). The Redeveloper shall pay to the Authority the Audit Review Cost upon completion of the review of the audited financial statements of Redeveloper and the Appraisal Cost upon completion of the Appraisal. The Price, Eminent Domain Costs, and Authority's Attorney Fees shall be paid in cash or by certified check upon delivery of a deed to the Premises at the time of settlement, subject, however, to the terms of the Conditional Conveyance, as set forth in Paragraph 2.3. 1.6 Time of Settlement. Subject to the provisions of Paragraph 1.7 and Paragraphs 2.3, 2.4, 2.5 and 2.6 of this Agreement, the Redeveloper shall take title to the Premises in accordance with the terms of this Agreement on a date which is the later of (i) thirty (30) days following the satisfaction of the Conditions Precedent set forth in Article II below, or (ii) eighteen (18) months from the date 4 of execution of this Agreement by both parties; provided, however, in no event shall settlement on the Premises occur later than September 1, 2010. The Redeveloper shall schedule settlement within such time limit by notifying the Authority by letter thirty (30) days in advance of the proposed settlement date, enclosing a copy of a preliminary title report, obtained by Redeveloper at its sole cost and expense, covering Redeveloper's interest in the Premises. 1.7 Inability of Authority to Convey Title. In the event that the Redeveloper shall give proper notice of settlement and the Authority shall be unable to convey to the Redeveloper title as aforesaid, the Redeveloper shall, within thirty (30) days following written notification from the Authority, have the following options: (1) taking such title as the Authority can give without abatement of price; (2) notifying the Authority in writing of an intent to request an extension of this Agreement, in which case the parties may agree to an extension of not more than twelve (12) months by separate written agreement, but, in the absence of such agreement within thirty (30) days of such notice, the Redeveloper may exercise only option (1) or (3) of this Paragraph; or (3) terminating this Agreement and being repaid all monies paid as security in accordance with Paragraph 1.12 hereof; in which event there shall be no further liability or obligation by either of the parties hereunder, all executed copies of this Agreement shall be returned to the Authority and this Agreement shall become null and void. If this Agreement is extended under option (2) and the Authority is unable to convey title as aforesaid within the period of the extension, the Redeveloper may exercise either option (1) or (3) within thirty (30) days of the end of the extension period under option (2). If the Redeveloper fails to exercise any option, this Agreement shall automatically terminate as if option (3) had been exercised. 1.8 Loss or Damage to Premises. Any loss or damage to the Premises or to any improvements thereon which may occur between the date of this Agreement and the time of conveyance of title to the Redeveloper, as a result of fire or other casualty, shall in no way affect, void or impair any of the provisions of this Agreement. 1.9 Taxes. All transfer taxes, if any, assessed to the Premises or this transaction shall be borne by the Redeveloper. Real estate taxes shall be prorated as of the settlement date on a fiscal year basis. 1.10 Waiver of Formal Tender. The parties hereto waive tender of any executed deed and purchase money. 1.11 Place of Settlement. The Authority shall deliver the deed to the Premises and the parties shall make settlement at the office of the Authority, located at 114 North Hanover Street, Carlisle, Pennsylvania, 17013 or at such other place as the parties shall mutually agree. 5 1. 12 Deaosit. (A) In consideration of the Premises being retained by the Authority in anticipation of settlement, the Redeveloper has deposited with the Authority cash or equivalent acceptable to the Authority in a total amount of Twenty Thousand, and 00/100 Dollars ($20,000), as a good faith deposit, upon the following terms and conditions: (1) should the Authority tender title in accordance with this Agreement and should the Redeveloper fail to take title to the Premises in accordance with Paragraph 1.6 of this Agreement, the Authority may, in addition to any other remedies it may have, retain the deposit absolutely, together with any interest accrued thereon. (B) To secure the obligations of the Redeveloper under the terms of this Agreement, the Redeveloper agrees that the good faith deposit rendered to secure settlement, in addition to any other security required by the Authority, shall continue to be held by the Authority as a security deposit under the following terms and conditions: (1) following completion of the work required to be performed by the Redeveloper to the satisfaction of the Authority, the issuance of a certificate of completion in accordance with Paragraph 3.15 and the performance of all the terms, conditions and other requirements of this Agreement, provided that the Redeveloper is then not in violation of any covenant of this Agreement or of any of the Addenda to this Agreement, the deposit together with any interest paid thereon, shall be returned to the Redeveloper after thirty (30) days' written notice to the Authority. (2) should, however, the Redeveloper fail to comply with the terms and conditions of this Agreement or of any of the Addenda to this Agreement, the Authority may, in addition to any other remedies it may have, retain the deposit absolutely, together with any interest accrued thereon. Any interest paid on the security deposit shall be retained with the security deposit as additional security. (C) The Authority shall be under no obligation, but shall have the right, to put the security deposit at interest. 1.13 Prevailing Wage Compliance. If required by law, Redeveloper covenants and agrees that it shall comply with applicable state and federal prevailing wage (hereinafter "Prevailing Wage") statutes, rules and regulations with respect to the payment of wages to employees of its contractors and subcontractors to be employed at the premises by the Redeveloper. 6 1.14 Use of Premises. The Redeveloper is a non-profit fire and rescue company. Upon acquisition of the Premises, the Redeveloper will be demolishing the existing structure and constructing a facility for its existing operations and, possibly, the operations of a community ambulance service. ARTICLE II CONDITIONS PRECEDENT In addition to the strict compliance by the Redeveloper with all of the other terms and conditions of this Agreement and the performance by the Redeveloper of all of its obligations hereunder to the date of settlement, the following shall also be conditions precedent to the Authority's obligations to convey title to the Premises under this Agreement: 2.1 Financial Responsibility. Together with the execution and delivery of this Agreement by the Redeveloper, it has submitted to the Authority audited financial statements for the prior fiscal year, evidencing the ability to proceed with the redevelopment of the Premises, the approval of which by the Authority, not to be unreasonably withheld, shall be a condition precedent to settlement under this Agreement. The Authority may, at its discretion, designate a CPA firm for the' review of the audited financial statements of the Redeveloper. 2.2 Preliminary Plans. Together with the execution and delivery of this Agreement by the Redeveloper, Redeveloper has submitted to the Authority plans to show the type, material, structures and general character of the improvements (hereinafter "Improvements") to be constructed on the Premises (hereinafter "Preliminary Plans"), which are attached hereto and made a part hereof as Exhibit "B". 2.3 Condemnation and/or Acauisition of the Premises by Authority. The Authority shall have acquired the Premises by: (A) condemnation pursuant to its power of eminent domain and all matters of just compensation and other benefits payable to the Record Owners are final and non-appealable; or (B) by amicable transfer of title from the Record Owners. In the event the Premises is acquired via condemnation, but the matter of just compensation and other benefits payable to the Record Owners are pending before a Court, if the Redeveloper provides to the Authority a written request to proceed to Settlement, the Redeveloper shall deem this condition satisfied and, subject to the satisfaction of all other conditions precedent, the Premises may be conveyed to Redeveloper (the "Conditional Conveyance"). In such event, notwithstanding the determination of Price, as set forth in Paragraph 1.3, Redeveloper agrees to pay as partial consideration for the Premises a sum equal to the appraised value as determined by the Appraisal provided for in Paragraph 2.6. Redeveloper further agrees that there shall remain due and owing to the Authority such additional sums as may be due for the Condemnation Price, Eminent. Domain Costs, and Authority's Attorney Fees as determined through the Eminent Domain Proceedings. The Authority shall not issue a Certificate of Completion until such sums as are due to the Authority, as aforesaid, are paid in full (the "Payment Condition"). 2.4 Land Development Approval and Permits. Prior to settlement, the Redeveloper shall have obtained all final non-appealable land development and zoning approval, including all necessary permits, for the development and use of the Premises as contemplated by the Redeveloper pursuant to the Preliminary Plans, from the Borough of Shippensburg and any other appropriate governmental body or agency having jurisdiction thereof, based upon a land development plan to be prepared by an engineer of Redeveloper's choice, complying with all generally accepted land planning and engineering practices, meeting all applicable laws, ordinances, rules and regulations, and permitting the construction, use and occupancy of commercial office buildings and residential dwelling with related improvements. 2.5 Environmental Audit(s). Prior to the Authority's condemnation and/or acquisition of the Premises, the Redeveloper shall have the right, at its sole cost and expense to obtain a Phase I Environmental Site Assessment of the Premises (the "Phase I Report"), which shall be in form and content acceptable to the Redeveloper, in its sole discretion. In the event the Phase I Report shall reveal the presence of an environmental condition which is unsatisfactory to the Redeveloper, in its sole and absolute discretion, the Redeveloper shall have the option of (i) obtaining a Phase II Environmental Site Assessment of the Premises (the Phase II Report"), at its sole cost and expense, or (ii) terminating this Agreement upon written notice to the Authority and being repaid all monies paid as security in accordance with Paragraph 1.12 hereof; in which event there shall be no further liability or obligation by either of the parties hereunder, all executed copies of this Agreement shall be returned to the Authority and this Agreement shall become null and void. In the event the Redeveloper shall elect to obtain a Phase 11 Report, and such Phase II Report reveals any environmental conditions which are unsatisfactory to the Redeveloper, in its sole and absolute discretion, the Redeveloper shall have the sole option of terminating this Agreement upon written notice to the Authority and being repaid all monies paid as security in accordance with Paragraph 1.12 hereof; in which event there shall be no further liability or obligation by either of the parties hereunder, all executed copies of this Agreement shall be returned to the Authority and this Agreement shall become null and void. 8 2.6 Appraisal. Prior to the Authority's condemnation and/or acquisition of the Premises, the Authority shall have obtained an appraisal of the Premises (the "Appraisal"). The Authority shall provide the Redeveloper with a copy of the Appraisal. The Appraisal shall be used by the Authority for purposes of determining the amount of just compensation to be paid to the Record Owners through an amicable acquisition of the Premises or for determining the amount of just compensation to be paid through the Eminent Domain Proceedings. In the event the fair market value of Premises as determined by the Appraisal is unsatisfactory to the Redeveloper, in its sole and absolute discretion, the Redeveloper shall have the sole option of terminating this Agreement upon written notice to the Authority and being repaid all monies paid as security in accordance with Paragraph 1.12 hereof, less the cost of the Appraisal, in which event there shall be no further liability or obligation by either of the parties hereunder, all executed copies of this Agreement shall be returned to the Authority and this Agreement shall become null and void. ARTICLE IIA MORTGAGE FINANCING 2A.1 Notice of Financing, Encumbrances. Removal of Encumbrances. Should the Redeveloper propose to obtain a loan or financing for the acquisition of the Premises or construction of Improvements upon the Premises under this Agreement to be secured by a mortgage, lien, security interest or other encumbrance upon the Premises or any part thereof, the Redeveloper shall so notify the Authority in writing at least thirty (30) days prior to settlement. Should any other lien, security interest or other encumbrance attach to the Premises or any part thereof (unless created with the prior written consent of the Authority) whether created voluntarily or involuntarily, by operation of law or otherwise, under the terms of this Agreement or as an event of default under Article V, the Redeveloper shall notify the Authority immediately in writing. The Redeveloper shall immediately take all necessary action to and shall remove, satisfy or discharge the said lien, security interest or other encumbrance. Failure to do so shall constitute a default of this Agreement. 2A.2 Mortgagee Not Obligated to Construct. Each mortgagee, lien holder, secured party or holder of any other encumbrance authorized by the Authority (hereinafter sometimes referred to as "Approved Mortgagee") who obtains title to the Premises or any part thereof as a result of foreclosure or other judicial proceedings or action in lieu thereof shall not be obligated by and shall be exempted from those provisions of this Agreement which require construction and completion of the Improvements to be erected on the Premises nor shall an Approved Mortgagee be obliged to guarantee such construction and completion nor shall any covenant or other provision in the deed to the Redeveloper be construed to create such obligation. The above exemptions shall not run in favor of any purchaser at foreclosure or judicial sale other than an Approved Mortgagee, nor in favor of any person who subsequently obtains title to the 9 Premises or any part hereof from an Approved Mortgagee; provided, however, that no person, including an Approved Mortgagee, may devote the Premises or any part thereof to any use or construct any improvements thereon other than those uses and Improvements provided and permitted in accordance with this Agreement. 2A.3 Mortgagee's Option. In the event of a default by Redeveloper in its obligations under this Agreement, each such holder of an approved mortgage covering Redeveloper's interest in the Premises shall have the right, at its option, to cure or remedy such default and to add the cost thereof to the sums due under said mortgage and the lien thereof. Any such holder who shall properly complete the Project and other related improvements with respect to which Redeveloper is obligated to or permitted to construct pursuant to this Agreement shall be entitled to a Certificate or Certificates of Completion by the authority to such effect and in the same manner as provided in this Agreement. 2A.4 Mortoaoee's Option to Cure Defaults by the Redeveloper. Upon receipt of notice by the Authority that the Redeveloper is in default under this Agreement, any Approved Mortgagee shall have the right to exercise the following options with the prior written consent of the Authority, not to be unreasonably withheld: (1) to assume the position of the Redeveloper under this Agreement and all rights, duties and obligations of the Redeveloper under this Agreement as if such Approved Mortgagee were substituted for and succeeded the Redeveloper in all provisions of this Agreement, in which event the Authority may require, among other things, as a condition to its consent, the prior execution and delivery of an Agreement between the Authority and the Approved Mortgagee modifying this Agreement; or (2) to sell, assign or transfer all of its right, title and interest to the Premises to a purchaser, assignee or transferee who shall expressly assume all of the covenants, agreements and obligations of the Redeveloper under this Agreement by written instrument to be recorded in the Office of the recorder of Deeds for Cumberland county, Pennsylvania, in which event the time limits set forth in this Agreement may be extended by the Authority for such reasonable period of time as may then be necessary to complete the performance of the Redeveloper's obligations under this Agreement. The Approved Mortgagee shall have the right to elect the first option above only if it shall exercise such option within thirty (30) days following the receipt of the notice of default as provided in Paragraph 2A.6. In the event that the option set forth in Paragraph 2A.4(1) is not elected by the Approved Mortgagee by written notice to the Authority within thirty (30) days after receipt of notice of default as provided in Paragraph 2A.6, the second option shall remain available to the Approved Mortgagee. 10 2A.5 Certification to Approved Mortgagee. In conjunction with approval of any mortgage, lien, security interest or other encumbrance, the Authority will indicate in writing to the Approved Mortgagee whether the Redeveloper is then in default of any other provisions of this Agreement and the nature and status of any such default, if any. 2A.6 Notices of Default to and from Mortgagees. A copy of the Notice of Default as described in Paragraph 5.2 below shall be sent to each Approved Mortgagee at the last address of each Approved Mortgagee shown in the Authority's records. A copy of any notice or demand delivered by any mortgagee, secured party or any other third party asserting an encumbrance against the Premises, to the Redeveloper with respect to any breach or default by the Redeveloper with regard to any of the provisions of any such mortgage, lien, security interest or encumbrance shall be forwarded to the Authority in accordance with Paragraph 6.8. ARTICLE III CONSTRUCTION OF IMPROVEMENTS 3.1 Obligation to Redevelop. The Redeveloper shall redevelop the Premises in a good and workmanlike manner, in accordance with the plans, designs and specifications approved by the Authority in accordance with Paragraph 3.2 and in conformity with the requirements of Section 11(a)(2) of the Urban Redevelopment Law. 3.2 Submission of Final Plans. The Redeveloper shall submit to the Authority for its review and approval copies of the Final Plans, designs and specifications for the development of the Premises, including architectural and landscaping drawings (hereinafter referred to as the "Final Plans'), not later than sixty (60) days prior to the start of construction. The Redeveloper shall label such "Final Plans", identify them by date and include as a part of the Final Plans a statement that they were prepared substantially in accordance with the Preliminary Plans provided under Paragraph 2.2. The Redeveloper shall not commence any work other than excavation, including removal of rock, until approval by the Authority of the Final Plans is given in writing; provided, however, that if no written approval is given by the Authority within thirty (30) days after such submission, the Authority shall be deemed to have given its approval, unless the Authority shall have requested in writing an additional thirty (30) day period for approval. Should the Authority, in its discretion, reject the Final Plans, it shall inform Redeveloper in writing of the reason therefore and the Redeveloper shall submit amended Final Plans within thirty (30) days following any such rejection. This procedure shall be followed in the event of any additional rejections by the Authority; provided, however, that repeated refusal or failure to submit satisfactory Final Plans shall constitute an event of default and cause for termination of this Agreement by the Authority in accordance with Article V. 3.3 Changes in Approved Plans. The Redeveloper shall not make any material change in any Preliminary or Final Plans which have been approved in accordance with the provisions of Article II or Article 111 hereof without the prior written approval of the Authority. The Authority's review and approval will follow the procedure set forth in Paragraph 3.2 above. 3.4 Proaress Report and Inspection of the Premises. The Redeveloper shall submit to the Authority for its review and approval three (3) progress reports which shall include, but not be limited to, a statement of the current status of construction, an estimate of the remaining construction schedule, including the estimated date of when the next major inspection period will be reached, and a statement of any delays that have been encountered. The progress reports shall be submitted upon completion of the foundation, when the project is "roofed-in" and upon final completion (as applicable). The Redeveloper shall furnish access to the Premises at all times during construction for the use and inspection of the Authority, its agents and representatives and those of the Borough. All material and workmanship may be subject to inspection, examination and testing by the Authority, its agents and representatives and those of the United States at any and all times during construction and at any place where construction is carried on. The Redeveloper shall furnish all facilities and give such assistance for inspection, examination and tests as the Authority, its agents and representatives and those of the United States may require, and shall secure for the authority, its agents and representatives and those of the United States, free access to all parts of the work of construction at all times during construction. 3.5 Employment of Registered Architect by Redeveloper. Unless specifically waived in writing by the Executive Director of the Authority, the Redeveloper shall employ at its sole cost and expense a registered architect during construction and until completion of the Improvements under this Agreement. The architect shall visit the project site with sufficient regularity to familiarize himselftherself with the progress and quality of work and to determine whether the work is proceeding in accordance with this Agreement. The architect shall inform the Authority in writing of the progress of the work in order to protect both the Redeveloper and the Authority against defects and efficiencies. The Redeveloper is not bound, however, to provide an architect to make continuous on-site inspections or to be responsible for construction means, methods, techniques, sequences or procedures or for safety precautions or programs in connection with the work, provided that the Redeveloper has otherwise made adequate provision for proper inspection and supervision of construction. Upon completion of the Improvements, the Redeveloper shall deliver to the Authority a certificate of the architect that the work has been substantially completed in accordance with this Agreement. In the event that the Redeveloper shall fail to provide an architect to perform any and all of the services described in this 12 Paragraph, the Authority may provide such architectural services for the Redeveloper, payment for which shall be made by the Redeveloper to the Authority upon demand. 3.6 Permits Licenses. Approvals and Variances. The Redeveloper shall secure and pay for at its sole cost and expense any and all permits, licenses, approvals and variances required by any governmental body. The Authority will reasonably assist the Redeveloper in securing such permits, licenses, approvals and variances. 3.7 Commencement and Completion of Construction. The construction of the Improvements by the Redeveloper under this Agreement shall be commenced within One Hundred and Eighty (180) days after settlement as set forth in Article I and shall be completed to the satisfaction of the Authority within Three (3) years from the date of settlement. 3.8 Mechanics Liens. The Redeveloper agrees that, until completion of the Improvements, every contract for the construction, installation, alteration, repair of or addition to the Improvements to be constructed under this Agreement, where the estimated cost shall exceed Ten Thousand Dollars ($10,000.00), shall contain a provision obligating the prime contractor to the prompt payment of all material furnished, labor supplied or performed, rental for equipment employed, and services rendered by public utilities in or in connection with the prosecution of the work, whether or not, the said material, labor, equipment and services enter into and become component parts of the work or improvement contemplated. Such provision shall be deemed to be included for the benefit of every person, co-partnership, association or corporation, who as subcontractor, or otherwise, has furnished material, supplied or performed labor, rented equipment, or supplied services in or in connection with the prosecution of the work as aforesaid, and the inclusion thereof in any contract shall preclude the filing by any such person, co-partnership, association or corporation of any mechanics' lien claim for such material, labor or rental of equipment, and further requiring that the Redeveloper shall provide to the Authority evidence of financial security for the prompt payment by the prime contractor for materials, supplies, labor, services and equipment. Such financial security shall equal 100% of the contract amount, shall be in such form as the Authority may prescribe and may include, but not be limited to, any one or a combination of the following: (1) An appropriate bond from a surety company authorized to do business in this Commonwealth; (2) An irrevocable letter of credit from a Federal or Commonwealth- chartered lending institution; or (3) A restrictive or escrow account. 13 3.9 Proiect Cost Certification. If the project construction costs exceed $1,000,000, the Redeveloper shall provide to the Authority, and shall cause each prime contractor to provide or submit to, a project cost certification performed by one or more independent, third-party certified public accountants establishing the actual total construction costs incurred and paid by the Redeveloper and each prime contractor in connection with the project. The receipt of the construction cost certification shall be a condition for receiving a Certificate of Completion. 3.10 Indemnification. The Redeveloper shall defend, indemnify and hold harmless the Authority from and against any and all claims for injury or damage arising from or during the performance of the Redeveloper's obligations under this Agreement. The Redeveloper shall furnish to the Authority, prior to its entry upon the Premises for any purpose, a certificate of general liability insurance in a sum not less than One Million Dollars ($1,000,000.00), with an insurance company with a Best rating of A or better duly authorized to write such insurance, in form and with companies satisfactory to the Authority. The policy shall name the Authority as Additional Insured and be Broad Form comprehensive General Liability, including Public Liability and Property Damage Coverage for bodily injury, accidental death and damage to property, which may arise from the operations under this Agreement, whether such operations are by the Redeveloper or by anyone directly or indirectly employed by either of them and providing that coverage may not be canceled or terminated without sixty (60) days prior written notice to the Authority, said insurance coverage to remain in full force and effect until the issuance of a certificate of completion. 3.11 Maintenance of the Premises in Accordance with the Plan. The Premises shall, for a period of twenty (20) years from the date of the approval of the Redevelopment Area Plan, be used only for the permitted uses and approved conditional uses under the zoning district within which the Premises is located and in accordance with this Agreement and the Redevelopment Area Plan. 3.12 Destruction of Premises. In the event that any Improvements or portion thereof constituting a part of the Premises shall be damaged or destroyed by any casualty the Redeveloper shall, at its sole cost and expense, repair, restore, and reconstruct the damaged or destroyed portion of the said Improvements in such a manner that upon the completion of such repairs, restoration and reconstruction such Improvements shall conform to the controls established by the Redevelopment Area Plan and to the provisions of this Agreement. 3.13 Insurance of the Premises. The Redeveloper shall, at its sole cost and expense, maintain insurance on the Premises in an amount sufficient to guarantee performance of its obligations under Paragraph 3.12 and in any event in an amount not less than the full insurable value of the Premises and Improvements thereon. The full insurable value shall be defined as the reproduction cost of the Premises and the Improvements thereon, plus the cost of removing the debris produced by the destruction of the Improvements by 14 casualty, less the fair market value of amount of insurance shall be increased evaluation of which shall be made settlement. the Premises as a cleared site. The as the full insurable value increases, an annually on the anniversary date of The Redeveloper shall furnish to the Authority, prior to its entry upon the Premises, with a certificate of insurance for said purpose in form and with companies satisfactory to the Authority and providing that coverage, may not be canceled or terminated without sixty (60) days' prior written notice to the Authority. 3.14 Certificate of Completion. Promptly after completion of the Redeveloper's Improvements on the Premises in accordance with the provisions of this Agreement, Redeveloper shall provide to the Authority evidence of final payments to all contractors and subcontractors who performed work or services or provided materials in connection with the redevelopment of the Premises in the form of releases of liens and such other written verifications as the Authority shall require. Following submission to the Authority of evidence and/or verification of receipt of all wages by all workers employed at any time by contractors or subcontractors engaged to redevelop the Premises and receipt of all payments by all contractors and subcontractors engaged to perform work or services in connection with the redevelopment of the Premises and the satisfaction of the Payment Condition of Paragraph 2.3, if applicable, the Authority shall furnish the Redeveloper with a certificate of completion in form recordable in the Office of the Recorder of Deeds of Cumberland County. If the Authority shall refuse or fail to provide such certificate of completion . in accordance with this Agreement, the Authority shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement indicating in adequate detail in what respects the Redeveloper has failed to complete the Improvements or pay wages in accordance with the provisions of this Agreement or in otherwise in default and what measures or acts it will be necessary for the Redeveloper to take or perform in order to obtain such certification. 3.15 Environmental Contamination. For the purpose of this Agreement, the term "environmental contamination" shall mean the unconstrained presence of hazardous substances on the Premises, which may require remediation under any applicable law, regulation, rule or ordinance. 3.16 Disclaimer of Warranties and Representations. The Authority makes no warranties or representations concerning the existence of any environmental contamination on the Premises, or upon any adjoining land or improvements, and the Authority is not, nor shall it be, at any time or under any circumstances, responsible for any of such conditions or for the care, remedy or removal thereof, and that the Redeveloper is purchasing the Premises in its present "as is" condition. 15 3.17 Environmental Indemnity. The Redeveloper agrees that in the event that any person, persons or legal entity(s) of any kind shall make any demand(s) or claim(s) or institute legal or other proceedings against the Authority, or join the Authority in any legal or other proceedings for claims, demands, liabilities, judgments, awards, fines or penalties related to environmental contamination of the Premises, the Redeveloper will, in addition to the indemnity in Section 3.10 of this Agreement, indemnify and hold the Authority harmless from any and all such demands, claims, liabilities, judgments, awards, fines and penalties related to environmental contamination, whether arising by judicial or administrative decision, determination or action, or by order, fine or otherwise; which indemnification shall include all legal, professional/consulting fees, and costs and expenses incurred by the Authority in defending such proceedings; and which indemnification shall be paid to the Authority, as incurred thereby, upon presentation of invoices. The Authority therefore shall be released and discharged from any and all liabilities, duties and obligations of every kind and nature whatsoever, excepting only such liabilities, duties and obligations, if any, expressly agreed to and assumed in writing by the Authority. The Redeveloper agrees that the indemnity mentioned in this Section 3.17 shall be legally binding upon the Redeveloper and the said Redeveloper's heirs, successors, administrators, executors and assigns; shall run with the land and may be recorded by the Authority, and shall be legally binding upon all successors in interest to the Redeveloper; shall survive any settlement and closing with respect to any transfer at any time present and hereafter, of any interest in the Premises by the Redeveloper or by the Authority. 3.18 Right to Inspect. Prior to settlement, the Redeveloper shall have the right, but not the duty, to enter and conduct an inspection of the Premises including invasive tests, at any reasonable time, and shall have the right, but not the duty, to retain, at its sole expense an independent professional consultant to enter the Premises to conduct an inspection and to review any report concerning the environmental condition of the Premises, if any. In conducting such reviews and investigations, the Redeveloper shall (i) execute a Right-of-Entry in a form and under terms acceptable to the Authority; (ii) use its best efforts to minimize interference with the business of the Authority; and (iii) restore the condition of the Premises and restore any damage to the Premises. ARTICLE IV COVENANTS AGAINST DISCRIMINATION AND RESTRICTIONS AGAINST CERTAIN TRANSFERS 4.1 Non-discrimination in Construction of Premises. In the construction of the Improvements in accordance with the provisions of this Agreement: 16 (1) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, or national origin. The Redeveloper will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex or national origin. Such action shall include, but not be limited to, the following: hiring, promotion, position, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Authority setting forth the provisions of this non-discrimination clause. (2) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, sexual orientation, or national origin. (3) The Redeveloper shall comply with all applicable rules, regulations and relevant orders of the Secretary of Labor. (4) The Redeveloper will include the provisions of this Paragraph in every contract or purchase order and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by applicable rules, regulations or orders of the Secretary of Labor, so that such provisions will be binding upon each such contractor, subcontractor or vendor. The Redeveloper will take such action with respect to any construction contract, subcontract or purchase order as the Authority may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Redeveloper becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Authority, the Redeveloper may request the Authority to enter into such litigation to protect the interests of the Authority. For the purpose of including such provisions in any construction contract, subcontract or purchase order as required hereby, the language of this paragraph shall be preceded by the words "During the performance of this contract, the Contractor agrees as follows:" and the term "Redeveloper" shall be changed to "CONTRACTOR." 4.2 Non-discrimination in Use of Premises. The Redeveloper hereby covenants, promise and agrees to and with the Authority as follows: 17 (1) No person shall be deprived of the right to live in the Premises, or to use any of the facilities therein, by reason of race, color, creed, religion, sex, sexual orientation, disability, or national origin. (2) There shall be no discrimination in the use, sale or lease of any part of the Premises against any person because of race, color, creed, religion, sex, sexual orientation, disability or national origin. (3) The agreements and covenants provided in this Paragraph 4.2 shall be covenants running with the land and they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement itself to the fullest extent permitted by law and equity, inure to the benefit of and be enforceable by the Authority, the Borough, any successor in interest to the Redeveloper of the Premises or any part thereof, the owner of any other land, or of any interest in such land, in the Walnut Bottom Road Redevelopment Area which is subject to the land use requirements and restrictions of the Redevelopment Area Plan, and against the Redeveloper, its successors and assigns and any party in possession or occupancy of the Premises or any party thereof. Moreover, the Authority shall be deemed a beneficiary of the provisions of this Paragraph 4.2, both for and in their own respective rights and also for the purpose of protecting the interest of the community and the other beneficiaries thereof. The provisions of this Paragraph 4.2 shall run in favor of the Authority for the entire period during which such provisions shall be in force an effect, without regard to whether the Authority has been, or is an owner of any land or interest therein to or in favor of which such provisions relate. The Authority shall have the. right, in the event of a breach of any provision hereof to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the said provisions to which it or any other beneficiaries may be entitled. (4) The provisions of Subparagraphs (1) and (2) hereof shall be perpetual. (5) The provisions of this Paragraph 4.2 shall be contained in any deed or deeds from the Authority or from its successors or assigns to the Redeveloper or to its successors or assigns conveying or purporting to convey the Premises or any part thereof or interest. 4.3 Speculation Prohibited. The Redeveloper represents and warrants that its purchase of the Premises and its undertakings pursuant to this Agreement are and will be for the purpose of redevelopment of the Premises and not for speculation in land holding. The Redeveloper further recognizes that, in view of 18 (1) the importance of the redevelopment of the Premises to the general welfare of the community; and (2) the fact that a transfer of the ownership in the Redeveloper or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in the ownership or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is, for practical purposes, a transfer or disposition of the Premises then owned by the Redeveloper, the qualification and identity of the Redeveloper and its owners are of the qualification and identity of the Redeveloper and its owners are of particular concern to the community and the Authority. The Redeveloper recognizes that it is because of such qualifications and identity that the Authority is entering into this Agreement with the Redeveloper and, in so doing, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings by it to be performed without requiring additionally a surety bond or similar undertaking for such performance of all undertakings and covenants in this Agreement. 4.4 Restrictions on Transfer and Assignment of Interest in the Redevelopment. For the foregoing reasons, the Redeveloper represents and agrees for itself, its owners, whether stockholders, partners, associates or otherwise, and any successor in interest of itself and its owners, respectively, that no person, corporation, partnership or other legal entity owning ten percent (10%) or more of the legal or equitable interest in the Redeveloper, whether represented by stock or otherwise (such holder of ten percent (10%) interest being hereinafter called "Owner"), whether the Redeveloper is a corporation, limited or general partnership, limited liability company, association, joint venture or any other legal entity whatsoever, shall, nor shall the Redeveloper, prior to the issuance by the Authority of a certificate of completion as set forth in Paragraph 3.15: (1) transfer, cause to be transferred or suffer any legal or equitable interest in the Redeveloper or the stock of the Redeveloper to be transferred; or (2) cause or suffer to be caused any similar significant change in the legal or equitable ownership of the Redeveloper or of the stock of the Redeveloper or in the relative distribution thereof; the identifies of the parties in control of the Redeveloper or the degree of control by any method or means whatsoever. The Redeveloper and the parties signing this Agreement on behalf of the Redeveloper warrant that they have the authority of all the existing stockholders or interest holders of the Redeveloper to agree to the 19 provisions of this Paragraph 4.4 on behalf of such stockholders or interest holders and to bind them with respect thereon. 4.5 Information Reaardina Ownership and Control of the Redeveloper. The Redeveloper shall furnish the Authority with a complete statement, subscribed and sworn to by the present, managing partner or other executive officer of the Redeveloper, setting forth all of the stockholders or interest holders of the Redeveloper and the extent of their respective holdings, whether the interest held is legal or equitable, and the names of all directors and officers of the Redeveloper. This information shall be furnished: (1) prior to the delivery of the deed to the Redeveloper and as a condition precedent thereto; (2) in the event of any change whatsoever in the legal or equitable ownership of the stock of or any interest in the Redeveloper or any other event resulting in any change in the ownership of the stock of or any interest in the Redeveloper or in the relative distribution thereof or in the identity of the parties in control of the Redeveloper or the degree thereof; and (3) at any time the Authority specifically requests such information from the Redeveloper, or any officer, director or owner of the Redeveloper. 4.6 Restrictions on Transfer and Assianment by the Redeveloper. For the reasons set forth in Paragraph 4.3 above, the Redeveloper also agrees that it shall not assign this Agreement without the prior written consent of the Authority which consent shall not be unreasonably withheld. The Redeveloper shall not sell, mortgage, pledge, encumber, lease or otherwise transfer the Premises or any part thereof nor will it suffer any such transfer to be made, without the prior written consent of the Authority, which consent shall not be unreasonably withheld until completion of all work as provided in Article III of this Agreement and the issuance of a certificate of completion by the Authority. The Redeveloper warrants that it has not made or created or suffered to be made or created any total or partial sale, mortgage pledge, encumbrance, lease or other transfer of the Premises or other part thereof nor has it assigned this Agreement or any of its rights or obligations under this Agreement. Before the issuance by the Authority of a certificate of completion, however, the Redeveloper may enter into any agreement to sell, lease or otherwise transfer the Premises or any part thereof or interest therein after the issuance of such certificate, which agreement shall not provide for payment of (or on account of) the purchase price or rent for the Premises or the part thereof or interest therein to be so transferred prior to the issuance of such certificate. The Redeveloper shall submit to the Authority for review all instruments and other legal documents involving transfer, including, but not limited to, all financing, construction, management and other instruments and documents in any way related to such transfer, at least thirty (30) days 20 before the intended transfer. If the transfer is approved by the authority its approval shall be indicated to the Redeveloper in writing. ARTICLE V DEFAULT AND REMEDIES 5.1 Events of Default. Each of the following shall constitute an Event of Default under this Agreement: (1) If any proceeding under the provisions of the Federal Bankruptcy Code shall be filed against the Redeveloper or the Redeveloper shall submit themselves to such proceedings; or (2) If the Redeveloper shall make an assignment for the benefit of creditors; or (3) If a receiver shall be appointed for the Redeveloper or the property or assets of the Redeveloper; or (4) If the Redeveloper or any contractor engaged to perform work at the Premises, commences work at the Premises for which a permit, licenses, variance or other approval is required by a governmental body but is not obtained; or (5) If the Redeveloper, in the opinion of the Authority, fails to prosecute the work upon the Premises vigorously with such force of workmen and mechanics as shall be satisfactory to the Authority; or (6) If the Redeveloper shall, in the opinion of the Authority, refuse, omit or neglect to furnish and supply a sufficiency of property, materials and/or workmen required to prosecute the work upon the Premises to completion; or (7) If the Redeveloper fails to promptly pay for any work or materials when due; or (8) If any mechanic's or materialmen's lien or claim is filed against the Premises or notice of intention to file such is given and not removed, satisfied or discharged; or (9) If any judgment, lien (including the lien of delinquent taxes), encumbrance, notice of lien, attachment, levy or other adverse charge be entered or filed against the Premises or improvements thereon other than a mortgage approved by the authority in accordance with the provisions of Paragraph 4.6 and not removed, satisfied or discharged; or 21 (10) If the Redeveloper shall provide false or inaccurate information, or shall violate or fail to keep, perform or comply with any requirements of applicable state or federal Prevailing Wage statutes, rules or regulations; or (11) If the Redeveloper violates or fails to keep, perform, or comply with any of the terms, provisions and covenants to be kept, complied with and performed under this Agreement. 5.2 Notice of Default. Except as otherwise provided in Paragraph 5.3 below, upon the occurrence of any Event of Default under this Agreement by either party thereto (hereinafter referred to as the "Defaulting Party"), such party shall, upon written demand from the other, (hereinafter referred to as the "Aggrieved Party"), proceed immediately to cure or remedy such default, in any event, within sixty (60) days of receipt of such written demand. If the Defaulting Party fails both (1) to take and diligently pursue such action and (2) to cure and remedy the default or breach, all within sixty (60) days after receipt of such demand, or if the default is such that it cannot be cured or remedies within such time, the Aggrieved Party may institute any and all proceedings permitted by law or equity and not barred under this Agreement, including, but not limited to, an action to compel speck performance by the Defaulting Party of its obligations. 5.3 Violation of Prevailing Wage Reguirements. Upon the occurrence of any Event of Default described in Subparagraph (10) of Paragraph 5.1, the Redeveloper shall, upon written demand from the Authority, proceed immediately to cure or remedy such default within ten (10) days of receipt of such written demand. 5.4 Termination and Cancellation of Agreement. If the Event of Default occurs before conveyance of all or part of the Premises to the Redeveloper or consists of a failure of refusal to convey or accept conveyance of all or part of the Premises in accordance with the terms of this Agreement, then the Aggrieved Party may, in addition to any other remedies not inconsistent with such action, cancel this Agreement, subject to the provisions of Paragraph 5.2 above. 5.5 Condition Subsequent and Right of Re-Entry. This Agreement has been entered into, and any deed to the Premises or appurtenant easements from the Authority to the Redeveloper shall contain a provision or limitation to the effect that the conveyance is being made, upon express condition that upon the happening and continuance of any of the Events of Default as indicated below in Subparagraphs (1), (2), (3), or (4) of this Paragraph 5.5 then the Authority may enter into the Premises or any appurtenant easement and, by this entry terminate the estate that had been conveyed by the Authority to the Redeveloper by such deed and revest title to the Premises or any appurtenant easement in the Authority absolutely. 22 (1) If the Redeveloper shall default in or violate its obligations with respect to the construction of the improvements, including the times provided for the beginning and completion thereof or shall abandon or substantially suspend construction work, and any such default, violation, abandonment or suspension shall not be cured, ended or remedied within ninety (90) days (one hundred eight (180) days, if the default is with respect to the date for completion of the Improvements) after written demand by the Authority so to do; or (2) If the Redeveloper shall fail to pay real estate taxes or assessments on the Premises or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by this Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid or such encumbrance or lien removed or discharged or provision satisfactory to the Authority made for such payment, removal or discharge, within sixty (60) days after written demand by the Authority so to do; or (3) If there is, in violation of this Agreement, any transfer of the Premises or any part thereof or any change in the ownership or distribution of the stock of the Redeveloper, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof except as permitted in Article IV of this Agreement, and such violation shall not be cured within sixty (60) days after written demand by the Authority to the Redeveloper (or, if such transfer be entered of record, immediately and without demand); or (4) If the Redeveloper shall violate or fail to keep, perform or comply with any requirements of any applicable state or federal Prevailing Wage statutes, rules or regulations, and such violation or failure shall not be cured within thirty (30) days after written demand by the Authority so to do; or if the Redeveloper shall provide false or inaccurate information with respect to compliance with such Prevailing Wage Requirements. Provided, however, that such condition subsequent and any reverting of title as a result thereof in the Authority shall always be subject to and shall not defeat, render, invalid, or limit in any way (i) any approved mortgage, or (ii) any rights or interests provided in this Agreement for the protection of approved mortgagees, and shall not apply to (iii) individual parts or parcels of the Premises (or, in the case of parcels leased, the leasehold interest) on which the Improvements constructed thereon have been completed in accordance with this Agreement, or (iv) such parcels with respect to which title has been conveyed to a transferee previously approved by the Authority, which transferee is not himself or itself in default. 23 5.6 Waiver of Appeal and Right to File Lis Pendens. The parties recognize and agree that the purpose of this Agreement is to fulfill the public policies embodied in the Redevelopment Area Plan and entrusted by law for execution to the Authority, that the redevelopment of the Premises is important to the general welfare of the Borough and the County of Cumberland, and in connection with the acquisition and assembly of land by the sovereign power of eminent domain and in connection with the delivery of the Premises to the Redeveloper. Accordingly, the Redeveloper expressly agrees that in the event the Authority fails or refuses to go to settlement under Article I of this Agreement, terminates this Agreement under Paragraph 5.4 above or reenters the Premises and effects a revestment of title to the Premises under Paragraphs 5.5 or 5.7 of this Article V, the Redeveloper will in no event resort to, and hereby knowingly, voluntarily, intelligently and upon the advice of counsel waives, any and all rights to equitable defenses, procedures of court and remedies which prevent the continuing enjoyment or the immediate and unequivocal revestment of a clear and marketable title to the Authority, including but not limited to any action or counterclaim for speck performance, injunctive relief or any action at law or equity which may result in the entry of the pendency of any legal or equitable action in the judgment index in the Office of the Prothonotary of the Court of Common Pleas of Cumberland County, the filing of a lis pendens or any cloud on title with respect to the Premises; but the Redeveloper may have recourse to an action at law for money demands under the terms of this Agreement. 5.7 Irrevocable Power of Attomev. In order to secure further its obligations under this Agreement, the Redeveloper hereby agrees to execute and deliver to the Authority an irrevocable Power of Attorney in the form attached as Exhibit "C" to this Agreement (hereinafter referred to as "Power of Attorney") at the time of execution of this Agreement, which Power of Attorney shall make, constitute and appoint the Executive Director of the Authority and his respective successors, their true and lawful attorneys, for themselves and in their name, place and stead, to enter into and take possession of the Premises and appurtenant easements, in or to which they shall be possessed or seized or in any way entitled or interested; and to grant, bargain and sell the same or any part thereof for One Dollar ($1.00) lawful money of the United States of America or such sum or price and upon such terms as them or any of them shall deem to meet; and to make, execute, acknowledge and deliver good and sufficient deeds and conveyances for the same, either with or without covenants or warranty; and to let and demise said Premises and appurtenant easements for such rent and term or terms as they or any of them shall deem advisable; and to ask, demand, recover, receive and receipt for all sums of money which shall become due and owing to it by reason of any such bargain, sale or lease and to take all lawful ways and means for the recovery thereof and to compound and agree for the same, and to execute and deliver good and sufficient discharges and acquittance therefore; and to execute and deliver a cancellation agreement to the Authority, 24 in the form set forth in Exhibit "D" attached hereto and made part hereof thereby terminating this Agreement; with power to substitute one or more attorney or attorneys under them or any of them in or concerning the foregoing or any part thereof and the same at their pleasure or the pleasure of any of them to revoke; giving and granting unto the said attorney or any substitute or substitutes full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done in and about the foregoing, as fully to all intents and purposes as they might or could do if personally present, thereby ratifying and confirming all that the said attorney (or the substitute or substitutes) shall lawfully do or cause to be done by virtue hereof, and any other acts as set forth in the said Power of Attorney. 5.8 Distribution Uion Sale After Revestment of Title. Upon the revesting in the Authority of title to all or any part of the Premises under Paragraphs 5.5 or 5.7 hereof, the Authority shall, pursuant to its responsibilities under state law, use its best efforts to resell the Premises or any part thereof (subject to any mortgage liens and leasehold interest as set forth and provided in Paragraph 5.5) as soon as and in such manner as the Authority shall find feasible and consistent with the objectives of such law and of the Plan to a qualified and responsible party or parties (as determined by the Authority) who will assume the obligation of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the Authority and in accordance with the uses specked for the Premises or any part thereof in the Plan. Upon such resale of the Premises, the proceeds thereof shall be applied: (1) First, to reimburse the Authority, on its own behalf or on behalf of the Borough, for all costs and expenses incurred by and including but not limited to salaries of personnel, legal, engineering and appraisal fees, in connection with the recapture, management and resale of the Premises or any part thereof (but less any income derived by the Authority from the Premises or any part thereof in connection with such arrangement); all taxes, assessments, and water and sewer charges with respect to the Premises or any part thereof or, in the event the Premises is exempt from taxation or assessment or such charges during the period of ownership thereof by the Authority, an amount equal to such taxes, assessments or charges (as determined by the County of Cumberland assessing official) as would have been payable if the Premises were not so exempt; any payments made or necessary to be made to discharge any encumbrances or liens existing on the Premises or any part thereof at the time of revesting of title thereto in the Authority or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Improvements or any part thereof on the Premises and any amounts otherwise owing the Authority by the Redeveloper, and 25 (2) Second, to reimburse the Redeveloper up to the amount equal to the sum of the Purchase Price paid by it for the Premises (or allocable to any part thereof) and the monies actually invested by it in making any of the Improvements on the Premises or any part thereof less any gains or income withdrawn or made by it from this Agreement. Any balance remaining after such reimbursements shall be retained by the Authority as its property. 5.9 Force Maieure. Neither the Authority nor the Redeveloper shall be deemed in default on account of any failure in performance due to unforeseeable causes beyond control of and without its fault or negligence, including but not restricted to acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion, freight embargoes, shortages of material, or acts of the federal government or any of its agencies, or delays of subcontractors due to any such causes. 5.10 Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement, shall be cumulative, and the exercise by any party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for any other default or breach by the other party unless otherwise expressly provided herein. Notwithstanding the existence of specific remedies such as liquidated damages hereinbefore provided, the parties hereto shall have the right to obtain from a court of competent jurisdiction injunctive relief, speck performance and such other equitable remedies as may be permitted by law and not barred under this Agreement. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Compliance with Applicable Law. The Redeveloper and the Authority agree to comply with all federal, state and local requirements, statutory or administrative, now in effect or hereafter enacted but of retroactive application, and if necessary to execute and deliver an amendatory Agreement or a new Agreement in order to meet said requirements. 6.2 Severability. If any provision of this Agreement is held invalid as a result of its conflict, with any federal, state or local requirements, statutory or administrative, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the requirements of applicable law and with the Plan. 26 6.3 Recordation. The parties agree that this Agreement, in its entirety, shall be recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. 6.4 Merger. None of the provisions of this Agreement shall be deemed or are intended to be merged by reason of any subsequent deed, and any subsequent deed which shall be recorded shall not be deemed to affect or impair the provisions, obligations and covenants of this Agreement. 6.5 Interpretation of the Agreement. The parties recognize and agree that the purpose of this Agreement is to fulfill the public policies embodied in the Plan and entrusted by law for execution to the Authority, that the redevelopment of the Premises is important to the general welfare of the Borough and the County of Cumberland, and that substantial public assistance has been made available pursuant to federal, state and local law for the purpose of making such development possible and in connection with the acquisition and assembly of land by the sovereign power of eminent domain and in connection with delivery of the Premises to the Redeveloper. Accordingly, any provision. of the law to the contrary notwithstanding, in the event of doubt or dispute, the terms and provisions of this Agreement shall be interpreted most strictly in favor of the Authority and against the Redeveloper. 6.6 Redeveloper an independent Contractor. The Redeveloper is an independent contractor and is neither the servant, agent nor employee of the Authority. 6.7 Time of the Essence. Time is of the essence as to all of the terns and provisions of this Agreement and any amendments, modifications thereto or any restatements thereof. 6.8 Notices. All notices, demands or other communications under this Agreement by any party to the others shall be in writing and shall be deemed sufficiently given or delivered only if dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally. In the case of the Redeveloper, notice shall be sent to the attention of The Vigilant Hose Company of Shippensburg, 129 E. King Street, Shippensburg, PA 17257. In the case of the Authority, notice shall be sent to the attention of the Executive Director, Christopher Gulotta, 114 North Hanover Street, Carlisle, PA 17013. Or such other address as the Authority may from time to time designate in writing. 6.9 Conflict of Interest. The Redeveloper shall not without prior written consent of the Authority, which consent shall not be unreasonably withheld, employ any person who has participated in the planning or execution of the 27 Improvements to the Premises as an employee or agent of the Authority or the Borough or the County of Cumberland or permit any such person to acquire directly or indirectly an interest in the Redeveloper or in the Premises prior to certification by the Authority of the completion of the Improvements thereon in accordance with this Agreement. Nor shall the Redeveloper prior to certification by the Authority of the completion of the Improvements to the Premises under this Agreement enter into any contract to make payments to or make any payments to any such employee or agent of the Authority, Borough and/or County of Cumberland. No member or employee of the Authority shall acquire any personal interest, direct or indirect, in any redevelopment project or in this Agreement, nor shall any such member or employee participate in any decision relating to this Agreement which affects his personal interest or the interests of any corporation, partnership or association or other entity in which he is, directly or indirectly, interested. 6.10 Inducement. The Redeveloper represents and warrants that the Redeveloper, or anyone acting on behalf of the Redeveloper, has not employed any persons to solicit or procure this Agreement through illegal or unethical means, and has not made nor received, nor will make or receive, any payments to or from anyone in connection with the procurement of this Agreement or any other agreement in connection with this Project through illegal or unethical means. Failure to comply with the provisions of this Paragraph 6.10 shall constitute an Event of Default under this Agreement. 6.11 Title Not Part of Agreement. The titles of the Articles and Paragraphs of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 6.12 Integration. This Agreement contains the whole agreement between the Redeveloper and the Authority and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever. 6.13 Sticulation Against Waiver. No extension or indulgence granted to the Redeveloper and no alteration, change or modification of this Agreement consented to or agreed to by the Authority, nor any other act or omission of the Authority or any of its agents, shall constitute an amendment to or modification of this Agreement or be interposed as a defense against the enforcement of the Authority's rights under this Agreement or give rise to an implied waiver or equitable estoppel, but this Agreement may be modified or amended only by a document of equal dignity signed, sealed and delivered by the Authority and the Redeveloper. 6.14 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns, including any public body which shall succeed to or have assigned to it any of the functions of 28 the Authority with respect to this Agreement, and any permitted transferee of the Redeveloper, and any reference to the Authority or the Redeveloper in this Agreement shall include reference to their respective successors, assigns and transferees, unless the contrary is explicitly provided. 6.15 Gender Reference. All references in this Agreement to the male or female gender shall be interpreted to refer to both the male and female gender. References to either gender without reference to the other herein is specifically noted to be for convenience purposes only and not a specific reference to a specific gender. Likewise, references to the singular shall include references to the plural and vice versa. IN WITNESS WHEREOF, the Redeveloper has caused this Agreement to be executed by its proper officers and its respective seal affixed hereto and attested the day and year first above written. ATTEST The Vigilant Hose Company of Shippensburg Secr a By IN WITNESS WHEREOF, the Authority has caused this Agreement to be executed by its proper officers and its respective seal affixed hereto and attest the ZZw day of Syhsb:.z , 200_L. ATTEST Secretary REDEVELOPMENT AUTHORITY OF t _UC-9t, THE COUNTY OF CUMBERLAND By Chairman F:kHOUSTON\Shippensburg Redevlopment\Redevelopment Agt 408.doc 29 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss ON THIS, the day of 200_, before me, the undersigned officer, personally appeared i who cknowledged 'meelf be the - 1 of v`' u a Pennsylvania corporation, And being authorized to do so, executed the for oing instrument for the purposes therein contained by signing the name of the corporation, by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC MICHELE R. DURf, Notary Public 8010 Of Ship mbn Cabaand County My commlow" Exoi - 0 July 16, 2012 30 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND ON THIS, the - day of 2005', before me, the undersigned officer, personally appeared Jimmi C. George who acknowledged himself to be the Chairman of Redevelopment Authority of the County of Cumberland, and being authorized to do so, executed the forgoing instrument for the purposes therein contained by signing the name of the corporation, by himself as such Chairman. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC COMMONWEALTH OF PE=NOTTAARRIAL NSYLVANIA EAL tary Public erland Co unty arch IS,2011 31 EXHIBIT A ALL THOSE CERTAIN three (3) units in the property known, named and identified in the Declaration referred to below as "Leann Condominium," located in the Borough of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, the units' proportionate percentage interests in the common elements, and the withdrawable and convertible real estate, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 P.S. 3101, et seq. by the recording in the Cumberland County Recorder of Deeds Office of the Declaration dated December 4, 1996 and recorded December 6, 1996 in Miscellaneous Book 536, page 401. EXCLUDING THEREFROM all real estate condemned by the Commonwealth of Pennsylvania pursuant to eminent domain proceedings filed at 08-2404 Civil Term in the Court of Common Pleas of Cumberland County on April 15, 2008. 32 Scope of Project Construct a new emergency services facility for the Vigilant Hose Company # 1 and Shippensburg Area Emergency Medical Services. The location of the new emergency services building potentially will be located on the Walnut Bottom Road where the former University Lodge property exists. Presently the Vigilant Hose Company is operating out of a fire station built in 1927 located at 129 East King Street in Shippensburg. The Vigilant Hose Company has out grown our facility many years ago. The facility was originally built to house a 2 piece fire company, borough office and council chambers, police station and district justice court room. Throughout the 165 years of existence, the Vigilant Hose Company has grown with the community and now provides 2 engines, 1 tanker, 1 brush unit, 1 traffic unit and 1 chiefs vehicle. Shippensburg Area Emergency Medical Services is operating out of a small business occupancy located at 235 East King Street. SAEMS originally was part of the Cumberland Valley Hose Company located at 56 West King Street. Throughout the years of service, EMS operations separated from the CV Hose Company into its present identity. To meet the demands of the emergency medical services of the community, the SAEMS has grown and was forced to search for another location to better provide service to the community. Type of Construction The new facility will be a Type II Noncombustible structure. Structural members such as walls, floors, roofs, and supporting structural members will be of non-combustible or limited-combustible materials. Common Areas -14,200 sq. ft. Common areas which will be shared by both the Vigilant Hose Company & Shippensburg Area Emergency Medical Services will be as follows: 1. Apparatus bays 2. Training/meeting room 3. Conference room 4. Decontamination room 5. Fitness area 12,000 sq ft 1,450 sq ft 400 sq ft 100 sq ft 250 sq ft EXHIBIT "B" 8 double apparatus bays will be shared housing 2 engines, 2 county owned hazardous materials units, 1 tanker, 1 brush unit, 1 traffic unit, 2 utility units, 2 trailers (1 foam & 1 EMS), 4 ambulances. All bays will be drive through style allowing easy access from both sides. Equipment Storage - 2,400 sq. ft. Located within the bay area will be designated storage areas including hose & equipment storage, PPE storage, maintenance storage work area, SCBA filling and storage room, hazardous material equipment storage, fire police supplies storage, ladies auxiliary supplies storage, and emergency medical storage room. Also included is a loft area for additional storage and training area. Living Quarters - 4,900 sq. ft. Living quarters will be separate for Fire & EMS due to call activities. Each organization will be provided with male & female bunking facilities, male & female locker rooms, shower facilities, and lounge areas. Operational Areas - 2,400 sq. ft. Each organization will have offices for Chiefs and administrative positions. Offices will be provided for EMS reporting and study areas. Watch Room - 200 sq. ft. A watch room will be provided to serve as a communications area and reporting area. Historical Preservation/ Fire Safety Education Area - 900 sq. ft. A display and storage area for historical memorabilia will be provided. Included in this area will be the storage of paper history of minutes, convention books and photographs. Total Estimated Square Footage - 25,000 sq ft SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that in consideration of the promises and obligations given by the Vigilant Hose Company of Shippensburg to the Redevelopment Authority of the County of Cumberland pursuant to a Redevelopment Agreement dated the day of 2008, the Vigilant Hose Company of Shippensburg, does hereby appoint the Executive Director of the Redevelopment Authority of the County of Cumberland and his/her respective successor, as its true and lawful attorney in fact for itself and in its name, place, and stead, to enter into and take possession of the premises more particularly described on the attached Exhibit "A" and appurtenant easements, in or to which it shall be possessed or seized in any way or title or interest; and to grant, bargain and sell the same or any part thereof for One Dollar ($1.00) lawful money of the United States of America or such sum or price and upon such terms as them or any of them shall deem to meet; and to make, execute, acknowledge and deliver good and sufficient deeds and conveyances for the same, either with or without covenants or warranties; and to let and demise said premises and appurtenant easements for such rent and tern or terms as they or any of them shall deem advisable; and to ask, demand, recover, receive and receipt for all sums of money which shall become due and owing to it by reason of any such bargain, sale or lease and to take all lawful ways and means for the recovery thereof and to compound and agree for the same, and to execute and deliver good and sufficient discharges and acquittance therefore; and to execute and deliver a cancellation agreement to the Redevelopment Authority of the County of Cumberland in the form set forth in Exhibit "B" attached hereto terminating the aforesaid Redevelopment Agreement. I further give and grant unto my said attorney in fact full power and authority to substitute one or more attorney or attorneys under them or any of them in or concerning the foregoing or any part thereof and the same at their pleasure or the pleasure of any of them to revoke; giving and granting unto the said attorney or any substitute or substitutes full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done in and about the foregoing, as fully to all intents and purposes as they might or could do if personally present, thereby ratifying and confirming all that the said attorney (or the substitute or substitutes) shall lawfully do or cause to be done by virtue hereof, and any other acts as set forth herein. The Vigilant Hose Company of Shippensburg does hereby make and declare this Power of Attorney to be irrevocable by it or otherwise, renouncing all right to revoke this power for or to appoint any other person to perform any of the acts enumerated herein. EXHIBIT "C" IN WITNESS WHEREOF, the Vigilant Hose Company of Shippensburg hereunto sets its hand and seal this day of .2008. ATTEST VIGILANT HOSE COMPANY OF SHIPPENSBURG Secretary COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND By. President ss On this, the day of , 2008, before me, the undersigned officer, personally appeared , who acknowledged himself to be the President of Vigilant Hose Company of Shippensburg, and' that he as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as President. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. Notary Public File:F:HoustonNigilant Hose POA CANCELLATION AGREEMENT AND MUTUAL RELEASE THE UNDERSIGNED PARTIES agree that the Redevelopment Agreement between Redevelopment Authority of the County of Cumberland and the Vigilant Hose Company of Shippensburg, dated , 2008, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, Instrument No. (the "Redevelopment Agreement"), and Addendum and Partial Assignment of Redevelopment Agreement, dated , 2008, and recorded in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, Instrument No. (the "Addendum to Redevelopment Agreement"), for property located at 20 and 22 Walnut Bottom Road, Borough of Shippensburg, Cumberland County, Pennsylvania, bearing Tax Parcel Numbers: 32-33-1869-125-U1, 32-33-1869- 125-U2, and 32-33-1869-125-U3, and all appurtenant common elements, are canceled and the parties hereby release all of their rights, title and interest in and to the Redevelopment Agreement and Addendum to Redevelopment Agreement, and any and all claims arising therefrom. The parties hereby authorize and empower the Recorder of said County to enter this Cancellation Agreement and Mutual Release and to cause said Redevelopment Agreement and Addendum to Redevelopment Agreement to be released of record. Witness the due execution hereof with the intent to be legally bound. ATTEST: REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Secretary WITNESS: By Jimmie C. George Chairman THE VIGILANT HOSE COMPANY OF SHIPPENSBURG, by its Attorney-in-Fact EXHIBIT "D" WITNESS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHIPPENSBURG AREA EMERGENCY MEDICAL SERVICES, INC., by its Attorney-in-Fact : ss On this, the day of , 20_, before me, the undersigned officer, personally appeared Jimmie C. George, who acknowledged himself to be the Chairman of Redevelopment Authority of the County of Cumberland, and that he as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as Chairman. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the day of 20-, before me, the undersigned officer, personally appeared , who acknowledged himself to be the Attomey-in-Fact for The Vigilant Hose Company of Shippensburg, and that he as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as the Attomey-in-Fact. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the day of , 20_, before me, the undersigned officer, personally appeared who acknowledged himself to the Attomey-in-Fact for Shippensburg Area Emergency Medical Services, Inc., and that he as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as the Attomey-in-Fact. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. F 1HOUSTOMShippensburg RedevelopmentTancel Agt.doc Notary Public 1 t t EXHIBIT "E" BOND KNOW ALL MEN BY THESE PRESENTS, that a Declaration of Taking having been filed on the : ± day of ?7 , 2009, by the Redevelopment Authority of the County of Cumberland (the "Obligor"), a body corporate and politic and existing under the laws of the Commonwealth of Pennsylvania, being held and firmly bound unto the Commonwealth of Pennsylvania (the "Obligee") for the use and benefit of the owner or owners of the property condemned as hereinafter noted, and other proper parties in interest, for such amount of damage as the owner or owners of the property and other parties in interest shall be entitled to receive after the same shall have been agreed upon or assessed in the manner prescribed by law, by the reason of the condemnation by Obligor of certain land improvements located in the Borough of Shippensburg, Cumberland County, Pennsylvania and described as follows: ALL THOSE CERTAIN three (3) units in the property known, named and identified in the declaration referred to below as "Leeann Condominium" located in the Borough of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania, the units' proportionate percentage interests in the common elements, and the withdrawable and convertible real estate, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 P. S. 3101, et. seq., by the recording in the Cumberland County Recorder of Deeds Office of the declaration dated December 4, 1996, and recorded December 6, 1996, in Misc. Book 536, Page 401 and identified as Tax Parcel Numbers 32-33-1869-125, 32-33-1869-125-U1, 32-33-1869- 125-U2, and 32-33-1869-125-U3. WHEREAS, the Obligor has condemned said property and it cannot agree with the owner or owners of said land and buildings upon the just compensation to be paid for the damages sustained by said owner or owners as a result of the condemnation: NOW THE CONDITION of this Bond is such that if the Obligor shall pay or cause to be paid such amount of damages as the said owner or owners of the property and other parties in interest shall be entitled to receive by reason of such condemnation, after the same shall have been agreed upon or assessed in the manner provided by law, then this obligation shall be void; otherwise, to be and remain in full force and effect. SEALED with the corporate seal and duly executed this ,f day of r6- , 2009. ATTEST: J - Ll- Secriary REDEVELOPMENT AUTHORITY OF THE CO OF CUMBERLAND ByUN T, / airman / F: HOUSTOMShippensburg Redevelopment Bond.doc 1 CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Appointment of Board of Viewers was served this date by depositing same in the Post Office at Carlisle, PA, registered mail, return receipt requested, addressed as follows: Leeann Condominium Association, Inc. c/o American Micro Tech, Inc. 8997 1315` Place North Largo, FL 33773 Leeann Corporation c/o American Micro Tech, Inc. 8997 1315` Place North Largo, FL 33773 Jaydip, Inc. 805 Acri Road Mechanicsburg, PA 17050-2231 Edgar J. Rosenberry 8997 1315` Place North Largo, FL 33773 Mark S. Silver, Esquire P.O. Box 1152 Harrisburg, PA 17108-1152 Robert C. Saidis, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 MARTSON LAW OFFICES By Melissa A. Scholly Ten East High Street ' Carlisle, PA 17013 (717) 243-3341 Dated: June 25, 2009 F:MLES\C1iems\12502.2 CCP.DA\12502.2.Pet.Bd.View.Cert.Service.wpd OF TNT A,RY 2013 Jja i i Gil V IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA JUN .0,99(4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING : IN REM ORDER APPOINTING BOARD OF VIEWERS AND NOW, this -day of , 2009, upon consideration of the Petition of the Redevelopment Authority of the Co ?tyof Cumberland for the Appointment of a Board of Viewers, the Court hereby appoints: as a Board of Viewers to assessqust compensation in the condemnation and further Orders that the Board of Viewers perform its duties in accordance with the law and Acts of Assembly and grants leave to the Board of Viewers to issue an interlocutory report or reports covering such properties or claims as the Board of Viewers deems appropriate. cc: Leeann Condominium Association, Inc. Leeann Corporation' Jaydip, Inc. Edgar J. Rosenberry Mark S. Silver, Esquire Robert C. Saidis, Esquire Hubert X. Gilroy, Esquire fil - -7 FAF1LEST ients\12502,2 CCR \12502.2.Pet.Bd.View.doc t J RM+a OF rtf PRO TARP 2009 JUN 29 PM 1: 38 ?'?NRISY#,1f SEP 14 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, AND 32-33-1869- 125-03 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDII', INC., IN THE BOROUGH OF SIiIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA NO.09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM PETITION OF LEEANN CONDOMINIUM ASSOCIATION. INC. TO COMPEL THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND TO PAY JUST COMPENSATION AND FILE A DECLARATION OF ESTIMATED JUST COMPENSATION ORDER OF COURT AND NOW THIS ~ day of / , 2009, upon consideration of the within Petition, a Rule to Show Cause is issued on the Redevelopment Authority of the County of Cumberland to show cause, if any it has, why it should not pay just compensation to the Leeann Condominium Association, Inc. and file a Declaration of Estimated Just Compensati with the Court. -~ S S .P.~.vi..s~, Rule returnable t~A a ~ C ' a -"'' J FiL~G=. ,; ::, ,~.:. 2~0~ J~~ 1 S fad ~~ ~ b ~, ~ ,~~. !R, 4IS f ~ , "`'~. jai` ~ ~~ .? i kr>.) ~~v-? P ~,,~,` ,~ Ir.~ /'t . s, 'tom F^F1LES\CGrnts\12502.2 CCRDA'•~12502.2.Cader Revised: (/21/10 S:OOPM IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869-125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869-125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1397 CNIL TERM EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this o?~ day of January, 2010, upon the request of the Redevelopment Authority of Cumberland County, a Status Conference is scheduled in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, PA, on the S~ day of ~ , 2010, cc: ~~iam A. Duncan, Esquire /Hubert X. Gilroy, Esquire Christopher C. Houston, Esquire ~bert C. Saidis, Esquire /1Glark S. Silver, Esquire fop «s m `a c l~.d. ~~~~~iv ~~ c-~ P-- ~; , : . :~ ,, 4~ ~: rv G> c~ :;~ f0) t~ ~. ~. 1j ~~ ~, ~7;~ r _:.. ~~'' BY THE COURT, MARTSON DEARDORFF WILLI.AMS VTTO CirILROI' & FALLER MARTSON LAW OFFICES WTT.T TAM F. MARTSON JOHN B. Fo~wLER III DANIEL K..DEARDORFF THOMAS ). ~}Ulr.r rAMS* No V. OTro III HuBERT X. GII.ROY GEORGE B. FALLER JR.* Davin A. FTl'ZSIMONS CHRISTOPHER E. RICE JENNIFER L. SPEARS SETH T. MOSEBEY KATIE J. MAxvvEi.L JACOB M. THEIS lO EAST HIGH'STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET wwwmartsonlawcom January 25, 2010 Honorable Kevin A. Hess Cumberland County Courthouse Carlisle, PA 17013 "`.BOARD CERTIPIED CIVIL TRIAL SPECIALIST RE: Condemnation of Culriberland County Redevelopment Authority Condemnation/Leeann Condominium Docket No. 2009-1397 -Cumberland County C.C.P. Our File No, 12502.2 Dear Judge Hess: The above matter is a condemnation case previously handled by Judge Bayley. Before the Court at this time is a Motion for Reconsideration of Order of Court dated December 17, 2009, and/or Request for Permission to Appeal Pursuant to 42 Pa. C.S.A. §702 filed by Attorney Mark S. Silver on behalf of Corxdemnee,~ Jaydip, Inc. Attorney Robert C. Saidis represents the other Condemnee in this case and I represent Condemnor Redevelopment Authority of Cumberland County. Attorney William Duncan is the Chairman of the Board of View. Despite a request by the Authority to proceed with scheduling the hearing on damages, Attorney Duncan has indicated that the hearing will not be scheduled pending resolution of the issues between the two Condemnees on the distribution of the estimated just compensation. I suggest that the procedural complexities of this particular case merits the scheduling of a Status Conference and I request that such a Conference be scheduled with you. If you are inclined to grant this request, 1 enclose a proposed Order to that effect. Thank you for your consideration of this matter. Very truly yours, MARTSO 'LAW OFFICES u ert X. Gilroy - HXG/tde Enclosure - cc: William A. Duncan, Esquire (w/enc.) Christopher C. Houston, Esquire (w/enc.) Robert C. Saidis, Esquire (w/enc.) Mark S. Silver, Esquire (w/enc.) F:\FILES\CGrnts\ 12502.2 CCRDA\I2502.2.jhl INFORMATION • ADVICE • ADVOCACY sM IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF . CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33- 1869-125-U2, and 32-33-1869-125- U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA ORDER v _ ~ -j ;v -;, ~ s -~., _ ._. ~ C. ,.,~ .. ~~ .. AND NOW, this 2 9` day of January, 2010, the status conference in the above- captioned matter set for February 5, 2010, is continued to Tuesday, February 9, 2010, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Hubert X. Gilroy, Esquire For Condemnor Robert C. Saidis, Esquire For Condemnee Leeann Corporation ark S. Silver, Esquire For Condemnee Jaydip, Inc. /William A. Duncan, Esquire Chairman Board of View ~~~ ~~~. ~~~Q /~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-1397 CIVIL EMINENT DOMAIN PROCEEDING ' ~~ A. Hess, P. J. -. SAIDIS, LINDS~ 26 West High Street Carlisle, PA IN RE: CONDEMNA' OF THE COUNT OF THE PREMISI TAX PARCEL NL 125, 32-33-1869-1 32-33-1869-125-U 125-U3 BEING THE PRO. LEEANN CONDO ASSOCIATION, I CORPORATION, JAYDIP, INC., IN COUNTY, BY THE T AUTHORITY OF CUMBERLAND 3 KNOWN AS vIBERS 32-33-1869- 5-01, AND 32-33-1869- 'ERTY OF MINIUM JC., LEEANN AND THE BOROUGH OF CUMBERLAND YLVANIA FEB 12 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM n r ~~ CT7l~~ s~.:,° ~ _~,, r._ ~, #T -~ <:.. r:_~ ~~~ ~. ~- ORDER OF COURT AND NO of the within Peti N Q 3 ro xA• ~a ut -.i THIS Z~` day of fa.`rv , 2010, upon consideration n to Suspend of Leeann Corporation, the Court hereby directs and orders the Board of View Ito not proceed until all pending issues regazding the allocation of the Estimated Just Cor~ipensation are resolved by the Court and duly advised by both JayDip, Inc. and Leeann Corpo>~ation that both are ready to proceed with the hearing before the Board of View. From the date of this Order until a Court Order regazding condemnee, JayDip's, Petition for Reconsideration, both condemnees will not be entitled to delayed compensation damages. BY THE COURT, cc: ''~' liam A. Duncan, Esquire Hubert X. Gilroy, Esquire /~obert C. Saidis, Esquire Mnnar__k S. Silver, Esquire ~o ~ F'.S /YL~ t 3P~ /~ ~~ Kevi A. Hess, J. F:\FILES\CGents\12502.2 CCRDA\I2502.2.ans Revised: 3/4/10 9:S8AM IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869-125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869-125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING ~ N o ;~ • ~ -z - d ~ ; t ~ , IN REM m ,- ~._~ ~ ~ ~ <= ;' ~ ~ rn v-'_- =x r- C. ~ cn ~Q t -- ~ ~ w ANSWER OF REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND TO CONDEMNEE JAYDIP, INC.'S MOTION FOR RECONSIDERATION OF ORDER OF COURT DATED DECEMBER 17, 2009, AND/OR REQUEST FOR PERMISSION TO APPEAL PURSUANT TO 42 Pa. C.S.A. §702 AND NOW, comes Condemnor, Redevelopment Authority of the County of Cumberland, by and through its attorneys, Martson Deardorff Williams Otto Gilroy & Faller, and submits its Answer to the Motion for Reconsideration and/or Request for Permission to Appeal pursuant to Pa. C.S.A. §702, and sets forth the following in support thereof: A. PROCEDURAL MATTERS 1. Admitted. 2. Admitted. B. HISTORY OF THE CASE AND AVERMENTS IN SUPPORT OF MOTION FOR RECONSIDERATION 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted, with clarification. While the Declaration of Condominium and its exhibit are documents which speak for themselves, Condemnor believes that there is a disagreement between Condemnor Jaydip, Inc. and Condemnee LeeAnn Corporation with respect to the percentage interest in the common elements of LeeAnn Condominium. Furthermore, Condemnor asserts that Condemnee LeeAnn Condominium Association, Inc. is the representative of all unit owners with respect to the common elements as set forth in the Declaration of Condominiums. 7. Admitted. 8. Admitted. 9: Admitted. With clarification. The Answer filed by the Condemnor referred to the mentioned appraisal of Larry E. Foote but did not suggest a division of Estimated Just Compensation between the various Condemnees. 10. Admitted. 11. Admitted. 12. Admitted. 13 Admitted 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. 20. Denied. The prehearing memorandum filed on behalf of Condemnee Jaydip, Inc., is a document which speaks for itself. 21. Denied. The prehearing memorandum filed on behalf of Condemnee Jaydip, Inc., is a document which speaks for itself. 22. Denied. Said correspondence from Larry E. Foote merely represented a report from Mr. Foote examining the arguments advanced by Condemnee JayDip, Inc. and rendering a report making an assumption that JayDip, Inc.'s position with respect to allocation of the Estimated Just Compensation was correct. This supplemental report prepared by Mr. Foote did not represent an acknowledgment by Condemnor that JayDip's arguments were correct. To the contrary. Condemnor has always advanced the position that the distribution of the Estimated Just Compensation should be made by Order of Court or by agreement of the parties. Absent an authority of the Condemnees to agree upon allocation of the Estimated Just Compensation, Condemnor suggests that it is the obligation of the Court to make said allocation and not the obligation of Condemnee to make a determination on its own with respect to the allocation when there is a clear and known dispute between the Condemnees. 23. Denied. Section 3107 of Pennsylvania's Uniform Condominium Act speaks for itself. 24. Denied. Both the Order of Court dated December 17, 2009, and the allocation filed by Condemnor on December 29, 2009, are documents which speak for themselves. Furthermore, said allegation is a Conclusion of Law and a responsive pleading is not required. 25. Admitted. 26. Denied. The correspondence from Condemnee Jaydip, Inc., identified in this paragraph, is a document which speaks for itself. To the extent that any legal inference is attributed to that correspondence, the same is denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 27. Denied in part and Admitted in part. Admitted that Condemnor suggests this Court should reconsider the aforesaid Order of Court dated December 17, 2009. Denied that the other allegations asset forth in paragraph 27 are accurate accept as to suggest that the Condemnor believes it is the obligation and duty of the Court in this unique situation to determine an allocation of the Estimated Just Compensation between the various Condemnees which allocation shall be binding upon the Condemnees in any future proceedings before a Board of View. 28. Admitted in part and Denied in part. Admitted that the Court should reconsider the prior Order in so far as the Court should make a decision with respect to allocation of the Estimated Just Compensation. Denied is so far as the suggested method of allocation. 29. Admitted. C. CONCLUSION WHEREFORE, Condemnor, Redevelopment Authority of the County of Cumberland, respectfully requests that this Court enter an Order as follows: A. Vacating the prior Order of December 17, 2009. B. Making a determination of the appropriate allocation of the Estimated Just Compensation between the various Condemnees in this case. C. Making a determination that its allocation of the Estimated Just Compensation between the Condemnees is binding upon the Condemnees and the Board of View with respect to any Board of View proceedings for determination of final damages. D. Such other relief as is necessary in order to insure that this Court's allocation of the Estimated Just Compensation is appropriately paid to the respective Condemnees. By: Date: March , 2010 Respectfully submitted, MARTSON LAW OFFICES Hubert X. Gilroy, I I.D No. 29943 Seth T. Mosebey~ I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Condemnor, Redevelopment Authority of the County of Cumberland CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert C. Saidis, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Attorney for LeeAnn Condominium Association, Inc. & LeeAnn Corporation Mark S. Silver, Esquire P.O. Box 1152 Harrisburg, PA 17108-1152 Attorney for JayDip, Inc. MARTSON LAW OFFICES ~~ By r'``te S elly R. ks T East Hi treet Carlisle, PA 17013 (717) 243-3341 Dated: March ~, 2010 ~. IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33- 1869-125-U2, and 32-33-1869-125- U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW N0.09-1397 CIVIL EMINENT DOMAIN PROCEEDING n q ~:, -n . ~ ,,Y ~ ._ ~ _ ~ IN REM r~ ~' ~~. ~ -r > C? ,.,-- ~ ~rn :~ cis IN RE• MOTION OF CONDEMNEE JAYDIP INC. FOR RECONSIDERATION OF ORDER DATED DECEMBER 17, 2009 AND/OR REQUEST FOR PERMISSION TO APPEAL PURSUANT TO 43 PA.C.S.A. § 702 ORDER AND NOW, this l ~ ~ day of Mazch, 2010, following argument thereon, the motion of Jaydip, Inc., for reconsideration of the Order of Court dated December 17, 2009, is GRANTED. The order of this Court dated December 17, 2009, is VACATED. We are satisfied that the payments to condemnees under Section 307 of the Eminent Domain Code aze subject to the provisions set forth in Section 521 of the Code with respect to distribution of damages. The Court being in agreement with the condemnees, Jaydip, Inc., and Leeann Corporation that Estimated Just Compensation has not been properly distributed in this case, and that the Redevelopment Authority of the County of Cumberland, in its various filings has sought intervention of the Court with respect to the allocation of such Compensation, we are satisfied ~z> that the mechanism provided in 26 Pa.C.S.A. 521(b)(1) has been invoked. r. Hearing before the Court in accordance with 26 Pa.C.S.A. 5261(b}(3) is herewith set for Thursday, April 15, 2010, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Pending said hearing, the condemnees are enjoined from dissipating funds paid pursuant to the previous Order of Court. The Authority having agreed that court intervention is necessary to arrive at a proper allocation, the requirement that the condemnor furnish yet another schedule of proposed distribution is dispensed with. The condemnor and condemnee shall immediately notify the Court in the event that there are other persons or entities entitled to notice of the foregoing hearing so that the Court can assure compliance with 26 Pa.C.S.A. 521(b)(2). Following a determination by the Court with respect to the allocation of the Estimated Just Compensation, the matter shall thereafter proceed to a Board of View for the calculation and allocation of total damages. ..~ Hubert X. Gilro Es uire Y~ q For Condemnor Christopher Houston, Esquire For Redevelopment Authority ~bert Saidis, Esquire For condemnee Leeann Corporation Mark S. Silver, Esquire For condemnee Jaydip, Inc. illiam Duncan, Esquire l.."p c F.S m~ c 1 ~/l~ j~v ~~ BY THE COURT, IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-i8~-125, 32-33-1869-125-Ui, 32-33-1861-125-U2, and 32-33-1869-i25-U3, BEING THE PROPERTY OF LEEANN CONDOMII~TIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA JAYDIP, INC. (UNIT NO.1), Condemnee/Petltioner/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 09-1397 CML TERM c;a r-fa ~._r.~ c~5 ~.~ -r r~ ~_ar~, ~ ~'' ' ~ EMINENT DOMAIN PROCEEDINGS :~ ~t' ' - IN REM ~~ ..~g ~' ~ '' LEEANN CORPORATION (UNIT N0.2), CondemneefPetdiontr/Movant LEEANN CORPORATION (UNIT N0.3), Conderrt~eeelPetitioner/Movant MOTION ON BEHALF OF CONDEMNOR REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLANJp AND CONDEM'NEES JAYDIP. INC. ([JNIT NO.11. LEEANN CORPORATION (UNIT N0.2 AND UNIT N0.3). AND LEEANN CONDOMINIUM ASSOCIATION. INC.. AS TTS INTERESTS MAY APPEAR. FOR AN ORDER OF COURT TO CONFIRM THE OVERALL SETTLEMENT OF THE ACTION AND DLSTRIBUTION OF ALL FUNDS ON ACCOUNT' (EST'II4IATED JUST COMPENSATION TOGETHER WITH ACCRUED INTEREST THEREON) WITH THE PROTHONQTARY OF CUMBERLAND COUNTY. AND FOR THE CONDEMNOR REDEVELOPMENT AUTHORITY TO PAY ANY AND ALL ADDT~'IONAL SUMS TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW, come your Movants, Condemnor Redevelopment Authority of the County of Cumberland, by and through its attorney Hubert X. Gilroy, Esquire, ("Condemnor" or "Authority"}, Condemnee Jaydip, Inc. (Unit No. 1), by and through its attorney Mark S. Silver, Esquire, ("Condemnee Jaydip, Inc."), I,eearm Corporation (Unit No. 2; Unit No. 3), by and through its attorney Robert C. Saidis, Esquire, ("Condemnee Leeann Corporation', and Leeann Condominium Association, Inc., as its interests may appeaz ("Condemnee Association"), by and through its attorney Robert C. Saidis, Esquire, and file the instant Motion to Confirm Settlement of the Action and to Distribute All Funds on Account with the Prothonotary of Cumberland County, and to pay any and ali additional sums necessary to 'effect the overall and total Settlement, as follows: 1. All parties to the instant action including Condemnor Authority and Condemnees Jaydip, Inc. (Unit No. 1), Leeann Corporation (Unit No. 2; Unit No. 3), and Leeann Condominium Association, Inc., as its interests may appear, have reached an agreement to fully and finally settle and conclude this eminent domain claim resulting from a Declazation of Taking filed by the Condemnor Authority on Mazch 5, 2009, pursuant to which it acquired all of the real estate owned in condominium fashion by the named Condemnees situate at 20 Walnut Bottom Road, Borough of Shippensburg, Cumberland County, Pennsylvania. 2. All claims by all Condemnees in the within proceedings aze hereby settled for the total sum of One Million One Hundred Forty Thousand and NO/100 ($1,140,000.00) Dollars, hereinafter referenced as the "Settlement Amount", the same to be distributed as set forth below in this Motion and in the accompanying Order of Court. The Settlement Amount includes all damages payable under the Eminent Domain Code, 26 Pa. C.S.A. § 101, et seq., as amended. 3. All parties hereto hereby agree to the distribution and payment of the Settlement Amount as follows: A. Five Hundred Fifteen Thousand and NO/100 ($515,000.00) Dollars to be paid to Condemnee Jaydip, Inc.; and B. Six Hundred Ten Thousand Eight Hundred Nineteen and 95/100 ($610,819.95) Dollars to be paid to Condemnee Leeann Corporation, which net amount includes a credit to Condemnor for the sum of $14,180.05, not previously returned by said Condemnee to the Prothonotary of Cumberland County, thus comprising a cumulative total payment to Condemnee Leeann Corporation in the amount of Six Hundred Twenty Five Thousand and NO/100 ($625,000.00) Dollars. 4. The Settlement Amount is to be paid promptly by the Condemnor to the Condemnees no later than five (5j days following the date the Prothonotary of Cumberland County returns to the Condemnor all funds on deposit with that Office as referenced hereinabove. 5. All parties hereto agree that any and all interest that may have accrued on all funds held by the Prothonotary of Cumberland County shall be retumed to the Condemnor and not distributed to any of the Condemnees. 6. The parties hereto agree in order to expedite all payments required to be made to effect the within Settlement Agreement, that the Prothonotary of Cumberland County should be directed by the Court to return all funds currently on deposit to the Condemnor Redevelopment Authority (which amount should be comprised of $3,935.00 retumed to it on or about June 8, 2010, by Condemnee Jaydip, Inc., and $772,884.95 returned to it on or about July 6, 2010, by Condemnee Leeann Corporation and/or Leeann Condominium Assocation, Inc.) totaling approx- imately $776,819.95, together with any interest that has accrued thereon since said funds were retumed to the Prothonotary as aforesaid. As a result, sums on account with the Prothonotary in excess of $776,819.95 comprise interest earned on such fund and the same shall be retumed to the Condemnor Redevelopment Authority together with the $776,819.95, which sum represents the remaining portion of the Condemnor's Estimated Just Compensation on deposit with the Prothonotary. 7. The Settlement Amount includes any and all delay compensation pursuant to Section 713 of the Eminent Domain Code, 26 Pa. C.S.A. Sec. 713. 8. The Settlement Amount includes any and all statutory professional fee reimbursements pursuant to Section 710 of the Eminent Domain Code, 26 Pa.C.S.A.Sec. 710. 9. The Condemnees further agree hereby, and it is to be considered a material part of the within overall claim settlement, that upon payment by Condemnor of all Settlement Amounts required to be paid by Condemnor to all Condemnees as set forth hereinabove, and within five (5) days thereafter, Condemnee Jaydip, Inc., shall pay by attorney check to Edgar J. Rosenberry the agreed-upon Condominium Association Fees previously paid by Edgar J. Rosenberry in the amount of $6,938.76, the same representing Condemnee Jaydip, Inc.'s, agreed-upon one-third (1/3) of Condominium Association Fees incurred to date, relevant and related to the instant matters. Condemnee Jaydip, Inc., further agrees to pay to Leeann Condominium Association, Inc., one-third (1/3) of Condominium Association expenses as may be incurred in the future upon presentation of a detailed bill, invoice, or statement for the same and as the same may relate to any legal or accounting services or insurance premium, with said total one-third (1/3} exposure not to exceed $2,500.00. Condemnee Jaydip, Inc., agrees to tender its one-third (1/3) payment for any such described fees andior expenses within five (5) days of the date of presentment to it of any such bill, statement, or invoice for the same, which shall have included thereon a detailed description of the service provided for which reimbursement is sought, together with athen- currentgood address to which such payment should be sent. 10. Upon all payments of the balances due pursuant to this Settlement Agreement and Stipulation, as set forth hereinabove, by Condemnor to Condemnees, the attorneys for the Condemnees shall file with the Court a Praecipe to have the above-captioned action marked "Settled, Discontinued, and Ended". The discontinuance of the condemnation action shall not conclude the continuing obligation by Condemnee Jaydip, Inc., to make the payments to Condominium Association in accordance with the requirements for the same set forth above in Paragraph 9, which duties continue until such obligations are concluded. WHEREFORE, your Movants pray this Honorable Court to enter the accompanying Order of Court to effect the terms and provisions of the final settlement of the within eminent domain action as set forth above. Respectfully Submitted: J EPH ,,,KLEIN, P.C. By. Mazk S. Silver, Esquire LD. No. 09825 500 North Third Street, 7~' Floor P.O. Box 1152 Harrisburg, PA 17108-1152 Date: ~O " ~ ~ 1 ~ ~ (717) 233-0132 Attorneys for Jaydip, Inc., Condemnee/Petitioner/Movant AN LAW =- R~Kert C. 5aidis, Esquire I.D. No. 21458 26 West High Street Cazlisle, PA 17013 Date: ~ ©- ~ ~ _ \ v (717} 243-6222 Attorneys for Leeann Corporation and Leeann Condominium Association, Inc., Condemnees/Petitioners/Movant Respectfully Submitted: S N OF CES By: Hubert X. Gilroy, Eq uire I.D. No. 29943 C 10 East High Street Cazlisle, PA 17013 Date: ~~ -1~-~~ ~ (717) 243-3341 Attorneys for Condemnor Redevelopment Authority of the County of Cumberland IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869-i25, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869-125-U3, BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA JAYDIP, INC. (UNIT NO. 1), Condemnee/Petfttoner/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM LEEANN CORPORATION (UNIT N0.2), Condemnee/Pet~ioner/Afovant LEEANN CORPORATION (UNIT N0.3), Condernnee/Pet~oner/Mavant CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, one of the attorneys for Condemnees/Petitioners, do hereby certify that on this date I served the foregoing MOTION ON BEHALF OF CONDEMNOR AND CONDEMNEES FOR AN ORDER OF COURT TO CONFIRM THE OVERALL SETTLEMENT OF THE ACTION AND DISTRIBUTION OF ALL FUNDS ON ACCOUNT WTTH THE PROTHONOTARY OF CUMBERLAND COUNTY, AND FOR THE CONDEMNOR TO PAY ANY AND ALL ADDITIONAL SUM5 REQUIRED IN ACCORDANCE WITH THE OVERALL FINAL SETTLEMENT OF ALL CLAIMS AS SET FORTH HEREIN by having placed a true and correct copy of the same in the United States Mail, postage prepaid, deposited at Harrisburg, Pennsylvania, addressed to counsel for Condemnor Redevelopment Authority of the County of Cumberland as follows: Hubert X. Gilroy, Esquire Martson Law Offices 10 East High Street Cazlisie, PA 17fl 13 Attorney for Condemnor Date: r ~ ~ 1 ~ - ~~ R ctfully Submitted: J P LEIN, P.C. By: Mark S. Silver, Esquire I.D. No. 09825 500 North Third Street, 7a' Floor P.O. Box 1152 Harrisburg, PA 17108-1152 (717)233-0132 Attorneys for Jaydip, Inc., Condemnee/Petitioner IN RE: orfDEMNAT70N BY THE REDEV LOPMENT AUTHORITY OF THE CO TY OF CUMBERLAND OF THE P MISES KNOWN AS TAX PARCE NUMBERS 32-33-1869-125, 3Z-33-1 ~-125-UI, 3Z-33-1869-IZ5-U2, and 32-3 1869-125-U3, BEING THE PROP TY OF LEEANN eOrl NIUIMI ASSOCIATION, INc., LEER CORPORATION, AND JAYDIP INC., IN THE BOROUGH OF SHIPPE SBURG, CUMBERLAND COU ,PENNSYLVANIA JAYDIP,~ INC. (UNIT NO. 1), Cfio-tdenertee CORPORATION (UNIT N0.2), CORPORATION (UNIT N0.3), IN THE coURT of col~orl PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: tI9-1397 CIVIL TERM ~ - ~ `r' ® ~ -° v rnaa ~ ~ o c~ rn -- r ~ . ~~, o mac, Co ~ =~ ~~ °'~ o ~~ :_ EMINENT DOMAIN PRQCEEDINGS + ~ ~ IN REM ~ -~= PRAECIPE TO SETTLE. DISCONfTINUE AND END TO THE (PROTHONOTARY: mark the above-captioned action "Settled, Discontinued, and Ended" on the docket. Date: ~Q, - ~ Q ~ \ O Date: ~ Q 2 8 ((, frdly Submitted: d PH EIN, P.C. By: Mark . Sil , Esq re I.D. No. 09825 500 North Third Street, 7~' Floor P.4. Box T 152 Harrisburg, PA 17108-1152 (717J233-0132 Attorneys for Jaydip, Inc..,. Condemnee Res ly Submitted: ,S ID L1VAN LAW r By: ~ ert C. Saidis, Esquire I.D. No. 21458 26 West High Street Carlisle., PA (7013 (71?) 243-6222 Attorneys for Leeann Corporation and Leeann Condominium Association, Inc., Condemnees IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125,32-33-1869-12S-U-1 32-33-1869-125-U2, AND 32-33-1869- 125-0-3 BEING THE PROPERTY OF LEEANN CONDOMIlITIUM ASSOCIATION, INC. LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM -~ _"p crrt a ,,.. r~~ ~.. ~~ r--- ~.. • ~? t ... • -°~ ~" -~ ~~ r; ~Jq ~."y ~-= .. . ~_ ~~ -~: rv The undersigned Chairman of Viewers respectively reports: PROCEDURAL HISTORY OF THE CASE 0 -*~ ^~' _~ ~, ~ c, rr -,y ~~ .+1~ °' --~~ ~~ 1. By Order of Court on June 29, 2009, the Court appointed William A. Duncan, Esquire, Chairman, James Sheya and Gary Sausser as a Board of View to assess just compensation in the condemnation of the above captioned properties in the Borough of Shippensburg, Cumberland County at the above referenced docket number and to issue an interlocutory report or reports covering such properties or claims as they deem appropriate. See Exhibit "A" attached. 2. On July 29, 2009, Chairman Duncan sent a letter and calendar was sent to Counsel and Viewers requesting dates for a View. See Exhibit "B" attached. 3. On August 17, 2009, Chairman Duncan sent a letter with Attorney Saidis's letter requesting September 24, 2009 for the View was sent to Counsel and Viewers. See Exhibit "C" attached. 4. On August 19, 2009, Attorney Klein sent a letter stating his unavailability for a View on September 24, 2009. See Exhibit "D" attached. 5. On August 20, 2009, Chairman Duncan sent a letter and calendar was sent to Counsel and Viewers requesting dates for a View. See Exhibit "E" attached. 6. On September 1, 2009, a Notice of View of the premises was scheduled for Thursday, October 15, 2009 and was sent to Counsel and Viewers. See Exhibit "F" attached. 7. By Order of Court of September 30, 2009, the Petition of the Redevelopment Authority of the County of Cumberland to pay estimated just compensation to the Prothonotary of Cumberland County was granted. See Exhibit "G" attached 8. On October 16, 2009, a Notice of Hearing was scheduled for Thursday, December 10, 2009 was sent to Counsel and Viewers.. See Exhibit "H" attached. 9. Oa October 19, 2009, a Petition for Distribution of Funds Paid to the Prothonotary by the Redevelopment Authority as Estimated Just Compensation was issued by Judge Bayley and was sent to Counsel and Viewers. See Exhibit "P' attached. 10. On November 17, 2009, a Motion for Hearing was filed by Attorney Saidis and was sent to Counsel and Viewers. See Exhibit "T' attached. 11. On November 19, 2009, a Motion for Hearing by Order of Court scheduling a Hearing for December 10, 2009, was issued by Judge Bayley and sent to Counsel and Viewers. See Exhibit "K" attached. 12. On November 24, 2009, Attorney Saidis sent a letter to Chairman Duncan requesting a continuation of the December 10, 2009 Hearing. A copy of the letter was sent to Counsel and Viewers. See Exhibit "L" attached 13. On November 24, 2009, Attorney Klein sent a letter to Chairman Duncan concurring with Attorney Saidis's request for a continuance of the December 10, 2009 Hearing date. A copy of the letter was sent to Counsel and Viewers. See Exhibit "M" attached. 14. On November 25, 2009, a Notice of Continuation of Hearing was sent to Counsel and Viewers by Chairman Duncan. See Exhibit "N" attached. 15. On December 10, 2009, Attorney Gilroy sent Chairman Duncan a Letter requesting a Board of View Hearing date be set. See Exhibit "O" attached. 1 b. On December 17, 2009, an Order of Court issued by Judge Bayley granted the Redevelopment Authority of the County of Cumberland until December 31, 2009, to file an amended allocation of just compensation. See Exhibit "P" attached. 17. On December 29, 2009, Attorney Gilroy sent a letter with an Allocation of Estimated Just Compensation which was sent to Counsel and Viwers. See Exhibit "Q" attached. 18. On December 29, 2009, Attorney Gilroy sent a letter to Chairman Duncan again requesting a Board of Hearing date be set. See Exhibit "R" attached. 19. On January 7, 2010, Attorney Saidis sent Chairman Duncan a letter requesting that he withhold scheduling a Hearing at this time. See Exhibit "S" attached. 20. On January 7, 2010, Attorney Silver sent Chairman Duncan a letter requesting that he withhold scheduling a Hearing at this time. See Exhibit "T" attached. 21. On January 8, 2010, Chairman Duncan sent a letter stating that the Board would not set a Hearing date at this time. See Exhibit "U" attached. 22. On January 25, 2010, Attorney Gilroy sent a letter to Judge Hess requesting the scheduling of a Status Conference. See Exhibit "V". 23. On January 27, 2010, by Order of Covert, Judge Hess set the date for a Status Conference for Febntary 5, 2010. See Exhibit "W 'attached. 24. On January 29, 2010, by Order of Court, Judge Hess continued the Status Conference scheduled for February 5, 2010 until February 9, 2010. See Exhibit "X" attached. 25. On February 1, 2010, Chairman Duncan sent a letter to Judge Hess providing background information for the Status Conference on February 9, 2010. See Exhibit "Y"attached. 26. On February 1, 2010, Attorney Gilroy sent a letter indicating his unavailability to attend the February 9, 2010 Status Conference. See Exhibit "Z"attached. 27. On February 9, 2010, Attorney Gilroy sent Judge Hess a Memo Re February 9, 2010 Status Conference. See Exhibit "AA" attached. 28. On February 10, 2010, Attorney Kelso sent a letter agreeing to a waiver by LeeAnn Corporation conditioned upon the Board of View not proceeding with a Hearing. See Exhibit "BB" attached. 29. On February 26, 2010, by Order of Court, Judge Hess directed the Board of View not to proceed until all pending legal issues regarding the allocation of Estimate Just Compensation are resolved by the Court. See Exhibit "CC" attached. 30. On March 17, 2010, by Order of Court, Judge Hess vacated the Order of Court dated December 17, 2009 and refereed the matter to the Board of View for calculation and allocation of total damages. See Exhibit "DD" attached. 31. On March 23, 2010, by Order of Court, Judge Hess continued the Hearing set for April 15, 2010 to May 4, 2010. See Exhibit "EE" attached. 32. On Goober 13, 2010, by Order of Court, Judge Hess ordered and decreed the terms of Settlement in the Eminent Domain Proceedings and direction for the filing of the praecipe to Settle and Discontinue the Board of View. See Exhibit "FF" attached. 33. On October 15, 2010, Attorney Gilroy sent a letter to Attorneys Saidis and Silver with checks payable to Jaydip, Inc. and 1:.e;eAnn Corporation in satisfaction of their just compensation in this matter. A request for the filing of a Discontinuation of the Board of View was included in the letter. See Exhibit "GG" attached. As set forth in the Procedural Statement, the Viewers executed their duties by conducting a View of the premises. The Board is submitting it's Bill of Costs as the duties of the Board have been discharged. Respectfully Submitted: L L Date• L ~ BY: . William A. Duncan, Esquire Chairman, Board of View BILL OF COSTS The Board of View having performed duties related to its appointment prior to said decision. An invoice and Bill of Cost is hereby submitted to the Court. William A. Duncan, Chairman 3 days @ $ 375.00 $ 1,125.00 Postage Certified 6 x $ 5.54 33.24 Postage 3 x $ 4.90 14.70 Postage First Class 25 x $ .44 11.00 Subtotal $ 1,183.94 Gary Sausser, Viewer 1 day @ $250.00 250.00 Subtotal $ 250.00 James Sheya, Viewer 1 day @ $ 250.00 250.00 Mileage 40 x .50 cents per mile 20.00 $ 270.00 TOTAL COST OF VIEWERS $ 1,703.94 Date: ~\'~1~r ~ ~ ~ ~ ~ - -~. William A. Duncan, Chairman Date: o~ l ,~~' cad t ~o Date: t t~ Z Z ~_~'-- Gary S ,Viewer James IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869- 125-03 " BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : N0.09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING 1N REM ORDER APPOINTING BOARD OF VIEWERS AND NOW, this 'day of 2009, upon consideration of the Petition of the Redevelopment Authority of the Co ty of Cumberland for the Appointment of a Board of Viewers, the Court hereby appoints: as a Board of Viewers to assess ust compensation in the condemnation and further Orders that the Board of Viewers perform its duties in accordance with the law and Acts of Assembly and grants leave to the Board of Viewers to issue an interlocutory report or reports covering such properties or claims as the Board of Viewers deems appropriate. cc: Leeann Condomitium Association, Inc. Leeann Corporation Jaydip, [nc. Edgar J. Rosenberry Mark S. Silver, Esquire I ~~1..'f. t~4:F'Y ~~s~ . , ~-<~CUM~~ Robert C. Saidis, Esquire ~ T6Stim~ny ~,vher~f, s ~ ~~ ~ ~~:;;a set my h~rw Hubert X. Gilroy, Esquire :td ih6 ~ ~ said rt ~t C~tll>~. PL F.~FILES~CIirnu~12302.2CCRDA~12302.2. ~ ~Y~.t,tQt.ai ,t,Q~,f .. .. , -_ :fie _ ..ti: e Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman July 29, 2009 Hubert X. GiM~y, Esq. MARTSON DEARFORFF WILLIAMS OTTO GILROY 8 FALLER 10 East High Street Car'iisle, PA 17013 (717) 249-7780 FAX (717) 249-7800 dhlaw@pa.net RE: Redevelopment Authority of Cumberland County vs. LeeAnn Condominium Association and Jayd~, Inc. For Board of View to View Premises No. 09-1397 Civil Term Dear Hubert: We would like to schedule a View in August or September. The Viewers pn3fer dates on either Tuesdays or Thursdays, preferably during the morning. Please mark dates on the enclosed calendars that you would nQt be available for the View and return it to my office via mail or fax. tf we cannot arrive at an acceptable date for the View, we will choose a date convenient to the Board. As aMrays, we are seeking to discharge our duties in a tKr>!ely fashion, so be prepared for a Hearing within a short period of time after the View. Thank ya, for your cooperation. Yours truly, DUNCAN & HARTIIAAN, P.C. ~~~ William A. Duncan, Esq. WAD/jda CC: James Sheya Gary Sausser William A. Duncan Susan J. Hartman Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 August 17, 2009 Robert C. Sadis, Esq. Mark S. Silver, Esq SADIS, FLOWER 8 LINDSAY P.O. Box 1152 26 West High Street Harrisburg, PA Carlisle, PA 17013 17108-152 Gary R. Sausser 1306 Bosler Place Carlisle, PA 17013 James P. Sheya 433 Mooreland Ave. Carlisle, PA 17013 ~~ (717) 249-7780 FAX (717) 249-7800 dhlaw@pa.net Hubert X. Gilroy, Esq. MARTSON DEARDORFF WILLIAMS OTTO GILROY 8~ FALLER 10 E. High Street Carlisle, PA 17013 RE: Redevelopment Authority of Cumberland County v. LeeAnn Condominium Association and Jaydip, Inc. for Board of View to View Premises No. 09-1397 Civil Term Dear Counsel and Viewers; Please see the enclosed letter from Attorney Sadis requesting the date of Thursday, September 24, 2009 (preferably at 9:30 A.M.) for the viewing of the premises for the above captioned matter. Please confirm with my office by letter, phone or fax your availability to attend this View on September 24"'. Thank you for your immediate attention to this request. Yours truly, DUNCAN & HARTMAN, PC ~~ William A. Duncan WADfjda Enclosure LAW OFFICES SAIDIS, FLOWER 8i LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 -FACSIMILE: (717) 243-6486 JAMES D. FLOWER, JR. EMAIL: attorneyQsfl-law.com CAROL J. LINDSAY www, sfl-law.com JOHN B. LAMPI DANIEL L. SULL[VAN ALBERT H. MASLAND DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS JASON E. KELSO Via email dl~law(a~Da.net William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 August 13, 2009 CAMP HILL OFFICE 2109 MARKET STREET TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Re: Redevelopment Authority of Cumberland County vs. LeaAnn Condominium Association and Jaydip, Inc. For Board of Vies to Viea Premises No. 09-1397 Civil Term Dear Bill: Thank you for your correspondence of July 29, 2009. Please forgive the delay in responding as I was on vacation. As you are aware, my client resides in Florida. We would request the Board of View be held as late as possible. Based on your calendar, that would be September 24, 2009. Very truly yours, SAIDIS, FLOWER & LINDSAY RCS/pm Robert C. Saidis Dictated, but not read cc: Ed Rosenberry JOSEPH A. KLEIN, P.C. ATTORNEYS AT LAW POST OFFICE HOX 1152 HARRISBURG, PA 171oB JosEpx A. KI.EIN MARx S. SILVER August 19, 2009 William A. Duncan, Esquire Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 VIA FACSIMILE (717) 249-7800 AND FIRST CLASS U.S. MAIL Re: Redevelopment Authority of Cumberland County v. LeeAnn Condominium Association and Jaydiµ Ins No. 09-1397 Civil Term (Cumberland County) Dear Mr. Duncan: (717) 233-0132 FAx: (717) 233-2518 This will acknowledge receipt of and thank you for your letter of August 17, 2009, proposing a site view in the above-captioned matter for Thursday, September 24, 2009, commencing at approximately 9:30 a.m I am unavailable on that date and given Mr. Saidis' August 13, 2009, letter addressed to you, copied to me, it would now appear that if the site view cannot be scheduled earlier than September 24, 2009, that we will have to bok toward dates in October, 2009, to schedule the site view. We represent Jaydip, Inc., legal owner of Unit 1 of the LeeAnn Condominium Thank you for your attention to this matter. R lly, 1 .~, MSS/ap cc: Robert C. Saidis, Esquire (via facsimile only) Hubert X. Gilroy, Esquire (via facsimile only) Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman August 20, 2009 Hubert X. GiMoy, Esq. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 (717) 249-7780 FAX (717) 249-7800 dhlawQpa.net RE: Redevelopment Authority of Cumberland County vs. LeeAnn Cor~dominitun Association and Jaydip, Inc. For Board of View to View Premises No. 09-1397 Civil Term Dear Hubert: The first set of dates for a View in the above captioned matter were not acceptable. Calendars for the months of October and November are enclosed. Please mark dates on the encbsed calendars that you wpukl not be available for the View and return it to my office via mail or fax. ff we cannot arrive at an acceptable date for the View, we will choose a date convenient to the Board. As always, we are seeking to discharge our duties in a timely fashion, so be prepan3d for a Hearing within a short period of tirrre after the View. Thank you for your cooperation. Yours busy. DUNCAN ~ HARTMAN, P.C. William A. Duncan, Esq. WADfjda CC: James Sheya Gary Sausser IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1868-125-U-1 32-33-1869-125-U2, AND 32-33-1869- 125-0-3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC. LEEANN CORPORATION, AND JAYDiP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM NOTICE OF VIEW TO: Robert C. Saidis, Esq. SADIS , FLOWER ~ LINDSAY 26 West High Street Carlisle, PA 17013 Hubert X. Gilroy, Esq. MARTSON DEARDORFF WILLIAMS OTTO GILROY 8~ FALLER 10 East High Street Carlisle, PA 17013 Mark S. Silver, Esq. P.O. Box 1152 Harrisburg, PA 17108-152 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Mr. R. Gary Sausser 1306 Bonier Place Carlisle, PA 17013 NOTICE iS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, .fames Sheya and Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet at the premises on Thursday, October 15, 2009 at 9:30 A.M. for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: ~ ~ d ~ .2009 William A. Duncan, Esquire Chairman, Board of View WAO~da ~ ~. • ~~ O rn ~~ ~ W ca <_. G7 cJ Qm~NP.. 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ZIP CODE 17 013 p (6ldowurwlMRpufr~ O d (n rJ ,`'1.q row Poa.o. a FeM $ ~ '7 SEP 2 5 20D9 ~ ~.. _ J iN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-3 3-1869-125-U2, and 32-33-1869-125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OP SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM CAD 'R U AND NOW, this .~J.L day o 2009, upon consideration of the within Petition of the Redevelopment Authority of the County of Cumberland, and the Consent to Payment Into Court of Leeann Condominium Association, Inc., the Petition of Redevelopment Authority of the County of Cumberland is GRANTED. The Redevelopment Authority shall be permitted to pay estimated just compensation in the amount of 5791,000.00, io the Prothonotary of Cumberland County, with the funds to thereafter be distributed among the Condemnees in accordance with any agreement reached between them or pursuant to any Order of Court. Leeann Condominium Association, Inc., Leeann Corporation, and Jaydip, Inc., may file further pleadings with this Court regarding the distribution of just compensation. BY THE COURT: ~~ J. cc: Mark S. Silver, Esquire Robert C. Saidis, Esquire Hubert X. Gilroy, Esquire F:~FiLESVCIian~112302.2 CCRDA\123023.Pet.Jtpt.Compa~tion.doc IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U-1 32-33-1869-125-U2, AND 32-33-1869- 125-U-3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC. LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM NOTICE QF HEARING TO: Robert C. Saidis, Esq. SADIS ,FLOWER 8 LINDSAY 26 West High Street Carlisle, PA 17013 Mark S. Silver, Esq. P.O. Box 1152 Harrisburg, PA 17108-152 Hubert X. Gilroy, Esq. Mr. R. Gary Sausser MARTSON DEARDORFF WILLIAMS 1306 Boller Place OTTO GILROY ~ FALLER Carlisle, PA 17013 10 East High Street Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 NOTICE IS HEREBY GIVEN that an Order of the Court of Common Pleas of Cumberland County has been issued to William A. Duncan, Esquire, James Sheya and Gary Sausser, directing them to determine a just compensation for the condemnation of said premises. The Viewers will meet in the Second Floor Court Room of the Old Cumberland County Courthouse on Thursday, December 10, 2009, at 9:30 A.M., for the performance of their duties under said Order. All parties interested may attend at said time and place to accompany the said Viewers and present their objections. Date: ~~'~~u .2009 By: William A. Duncan, Esquire Chairman, Board of View wADraa J -r -~ C ~~~ uv~v ~ r V rJ ~~~ V • ~~ _ 1 ~ ~ ~~` p VVVA ~ ; o r ~ J: ~ O ~ '^' ~ ~ ~:; ~ ~ C 3'+ P n ~ N 1.1N17~S ~ro ~-` ~9~ ~' ~~,~~~ ~~~ z ~, cn < ~I~ C~aQ~yc ~. m ~ 70 '~ .+ d, ~ `~ 'y~ _ ~ Z ~ a .~.~°~~ w~~~~~ r4 r. ~° ~• r N 7Clat5 ~~~~ my .- ~` $ggff~` ° S Yc ~1 .~~ ~ ~ 'R ~_ T ~.~ ~ ~~ ~ ~ v ~r-~""-r- ~ N s ':~~ W .~ 00 y o N ~ ~4~. (i5 1' -p ~ ~ ~~~N n ... ~. ~il ~ ~3 ~ W t~ `~ ~r ,~~;0-; a~ ~ ft5 ~ ~, ~r nmpo ~~~~ ~ = t"' (~ 'D` ~ ~ ~_ ..a ? O N ~ ~ m w ~. ~ ,r . v 0 v a 0 N O cr p ~ ~ t~-~~r~~~r r~_ ~'~ ttl h . p `, r~ ~ -' ~ i ;J t• ' ~ :n ~a ~~ ~:~ ra ~' o ~ ~ n ~ ` 'i f -~ `", ~? Z "~ ,~ ,; t.3- r , {)"t x i? .~ R ~. ~. 1 "'rj~1 or pC( 192008f~ i/ r IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, AND 32-33-1869- 125-03 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.09-1397 CIVIL TERM EMINENT DOMAII~T PROCEEDING IN REM PETITION ~ FOR THE DLSTRIBUTION OF FUNDS PAID TO THE PROTHONOTARY BY THE REDEVELOPMENT AUTHORITY AS ESTIMATED JUST COMPENSATION ORDER OF COURT AND NOW TffiS « day of ~~ 2009, upon consideration of the Petition for the Distribution of Funds Paid to the Prothonotary by the Redevelo ~ttho ' t~ed Compensation, a Rule to Show Cause is issued on Jay Dip, Inc~~w'~capuse~t I~~ ~~~/ 5791,000.00 should not be disbursed es follows: a) $209,000.00 to Jay Dip, Inc., owner of Unit No. 1; b) $582,000.00 to Leeann Corporation, owner of Unit No. 2 and Unit No. 3'. RULE RETURNABLE 20 DAYS AFTER SERVICE BY '~`~~~~ C{~'Y F~C~M ~ECOR1.3 Edgar B. Bayley, J. (/ +n Te$sma+~t ~ J Jelnl-~ set ~!1 i~~k ~ taw s~ ~ ski Qr~ e>~ f~ri~, pa IN RE: CONDEMNATION BY THE ~ ., REDEVELOPMENT AUTHORITY OF THE COUNTY OF CU1vIBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NiJMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-UZ, AND 32-33-1869- 125-03 BEING THE PROPERTY OF LEEANN CONDOT2INIUM ASSOCIATION, INC., L.E~EANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.09-1397 CIVII, TERM EMINENT DOMAIN PROCEEDING wn~ ~ 3 ~' a MOTION FOR TQEARING AND NOW COMES Leeann Condominium Association, Inc. and Leeann,Corporation, by and through their attorneys, Saidis, Flower & Lindsay, and avers as follows: 1. Petitioner requested the Distribution of Funds Paid to the Prothonotary by the Redevelopment Authority as Estimated Just Compensation on October 16, 2009. 2. On October 19, 2009, Your Honorable Court entered a Rule to Show Cause on JayDip, Inc. and the Redevelopment Authority why the $791,000.00 should not be disbursed as follows: . a) $209,000.00 to JayDip, Inc., owner of Unit No. 1; b) $582,000.00 to I.eeann Corporation, owner of Unit No. 2 and Unit No. 3 3. The Redevelopment Authority, through its counsel, Hubert X. Gilroy, indicated by letter dated November 11, 2009, that it had no objection to the release of fiords as proposed. A copy of the letter is attached hereto, made a part hereof and marked Exhibit "A". 4. JayDip, Inc. filed as Answer to the Rule to Show Cause on November 9, 2009. WHEREFORE, the Petitioner requests that Your Honorable Court schedule a hearing on the Rule to Show Cause issued on the Petition for Distribution of Estimated Just Compensation Respectfully submi~.tte~d, SAIDIS, FL~~-~~'.1:ic/~ecc LINDSAY Date: //~/710 9 By: Rob&t C. Saidis, Esquire Identification No. 21458 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Leeann Condominium Association, Inc. and Leeann Corporation IN RE: CONDEMNATION BY THE - - ~ REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUIVIBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, AND 32-33-1869- 125-03 BEING THE PROPERTY OF LEEANN CONDOl~~lII~TIUM ASSOCIATION, INC., L~ CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CITNIBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CLJ1ViBE;RLAND COUNTY, PENNSYLVANIA N0.09-1397 CIVIL TERM Pam DOMAIl~t PROCEEDING IN REM VERIFICATION I verify that the statements made in the foregoing Petition are true and accurate. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswora falsification to authorities. DATED: // l7 0 Attorney for Petitioner :~ ~s~~ LAS OFFICES 10 ar-rr 1~ieN srr~r . ~~ p~~.vewe• 1.7013 . T% (717) 2A3-3541 Fncvntna (! 17) 243-1 s50 1AR11RNa7' vv~rvw~o~-kaaeom ~ . Wtcww F. MAtrsoN )~tna B. FSsa1.E~t III DAww.dC. DsaxDO~a~ THOUASI• vV.n.w+~s* Iva v orro ID i x Gtucn• G B. FAU a~ )x" •Bo~w Comm November 11, 2009 v~~ RA['~iMfT~ E •(7171.243-6~~ Robert C. Saidis; Esquixe ~~ ~ • SA.IDIS, FLtJWER 8c •LINDSAY 26 WestHigb Street ~ , Carlisle, PA 17013 RL: ~ Redevelgpment Authority •Condemnstion / Leealm Condominium 15ockot No. 2Q09-1.397 • ~ Ou1` Filt No. 12502.2 ~ ~. Dear.Bob: DAVID A. F37ZSIYONS C]t~r+t~ex E. ]UaE Jw~nnPaa L SPgnRs Sazt+ T. bfosse~• T'auDY E. $e~aar~at xA•r,~ 1. MAC y-con bt. T,~s w Cirn.'lwu. Sw~cuun 'T'he Rodevelopmeat Authority has t1o objection ro the release of funds as proposed •as proposed tc~•JayDip; Ino. and Leoann Corporation, ~ . ~~ I have recorded the three satisfaction pieces'which you sent me in your letter of Novembea~ '2, '2009... .~ Very truly Yours, .. •~ ~ IviARTS LA OFFICES .. Hubert ~. Gjkoy HXG/srb cc: ~ Christopher C. Hanston, Eequi~ (via facsimile (717) 249-4071) r.-nLea~ai.ru~so~ oc~u~u2smla0 . -. I NPOA3SATI0 N •• ADVICE • ADVOCACY SM CERTIFICATE OF SERVICE ~-, l I hereby certify that a copy of the Motion for Argument was served this date via United States Mail, postage prepaid, addressed as follows: Mark Silver, Esq. 500 North 3'~ Street, 7a' Floor Harrisburg, PA 17101-1111 I3ubert X. Gilroy, Esq. 10 East High Street Carlisle, PA 17013 SAIDLS, FLOWER & LIl~TDSAY Dated: /~ 17 0 ~_ ~ ~ ~ Phyl ' cCoy ~ i ..f ..NOV E d ~ ~~b9 L IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, AND 32-33-1869- 125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r l r ~ ~ y,~ . N0.09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM MOTION FOR HEARING ORDER OF COURT AND NOW THIS ~ day of 2009, upon consideration of the Motion for Hearing, it is directed that a hearing is scheduled11//o~~n the Petit'on for the D' tribution of Estimated Just Compensation in Courtroom No. 2 on therV~day of 2009 at ~ ~_ ~.M. _,* ` - BY THE COURT, N Edgar B yley, J. ._ r- LAW OFFiCZB SAIDIS, FLOWER & LINDSAY A PROFE53IONAL CORPORATION 26 WEST ffiGH STREET JOHN E. SLIKB CARLISLE, FB,NN3YLVANIA 17013 CAMP HII.L OFFICE ROBERT C. SAIDIS TELEPHONE: (71'~ Z43-6222 - FAC3II~: (71?) 243-6486 2109 bIARKBT STREET JAMES D. FLOWER, JR. EMAII.: attorneY®afl-law•com TELEPHONE: (717)737-3405 CAROL J. LINDSAY www. sfl-law.com FACSIIVIILE: (717)737-3407 JOHN B. LAMPI DANIEL L. SULLIVAN ALBERT H. MASLAND DEAN E. RBYNOSA THOMAS E. FLOWER MARYLOU MATAS JASON E. KELSO ~ REPLY TO CARLISLE November 24, 2009 Via small dhlaw(a~anet William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 Res Condeaunatioa by the Redevslopaneat Authority No. 09-1397 Civil Term Dear Hill: There have been a number of Petitions filed in the above captioned matter. 1. The Condominium Association filed a Petition on September 11, 2009, to Compel the Redevelopment Authority to Pay Just Compensation. 2. The Redevelopment Authority filed an Answer to the Petition, followed by a Declaration of Estimated Just Compensation on September 24, 2009, and a Petition for Permission to Pay Just Compensation to the Prothonotary. In relation to these matters, a Court Order was filed on September 30, 2009, permitting the payment of dust compensation to the Prothonotary. A copy of the September 30, 2009 Order is attached for your convenience. Subsequently, the Condominium Association filed a Petition for~Distribution of Funds Paid to the Prothonotary and a Rule was issued dated October 19, 2009. A copy of which is, also, attached for your convenience. JayDip, Inc. filed a Reply to the Rule objecting to the proposed distribution. A Motion for is attached to-date. Hearing was filed with the Court. A copy of which for your convenience, principally to bring you up- ,~ _. William A. Duncan, Esq. November 24, 2009 Page 2 Judge Bayley is to schedule a hearing on the motion for December 10, 2009. As we are all aware, that is the same date that you proposed the hearing before the Board of View. I would suggest that having the hearing before the Court may very well simplify the issues before the Board of View. Our goal is to submit one appraiser who will value the entire tract of land without the Board of View having to make a determination between the various condominium units. I did speak to Mr. Silver about the request for a continuance and he had no objection. I, also, spoke to Mr. Gilroy, who has no objection, but wants a hearing scheduled promptly in January. I would like to point out that the reason for the delay stems from the Redevelopment Authority paying the money into Court as opposed to paying the Estimated Just Compensation directly to the condominium owners. I have indicated to Mr. Gilroy that we will do our best to accommodate a prompt hearing. For obvious reasons, we will not know until after December 10, 2009, where we stand. I am providing a copy of this letter to Mr. Silver and Mr. Gilroy to express their objections or supplement what is provided herein. If you have any questions or concerns, please do not hesitate to contact me. Very truly yours, & LINDBAY is RCS/pm Enclosures cc: Ed Rosenberry Mark Silver, Esq. Hubert Gilroy, Esq. cTOSEPH A. KLEIN, P.C. ATTOaNEYS AT LAW Posy Ol+rzcE Box 1152 HAaalsHU$o. PA 17108 JosEpx A. KLEIN MAag S. Su.VEa ADAM G. KLEIN' November 24, 2009 William A. Duncan, Esquire Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 VIA FACSIMILE (717) 249-7800 AND FIRST CLASS U.S. MAIL (717) 233-0132 FAX: (717) 233-2519 •AL9o waxrrr~ rx Naw Jaesax Re: Condemnatwn by the RedevelopmentAuthoruy of the Cumberland County Property of Leeann Condominir~m Association, Inc., Leeann Corporation, and Jaydip, Inc. No. 09i-1397 Civil Term (Cumberland County) Our Client: Jaydip, Inc., Condemnee Dear Chairman Duncan: We have received by email the letter sent to you dated November 24, 2009, by Robert C. Saidis, Esquire, in the above-captioned action. Given that Judge Bayley, pursuant to an Order of Court dated November 19, 2009, received at my office earlier today (copy enclosed herewith), has scheduled a hearing on the Petition for the Distribution of Estimated Just Compensation for December 10, 2009, I concur with the request for continuance in the Board of View hearing, previously set for December 10, 2009, to a later date. Although I believe that all parties wish to move the Board of View hearing to a later date and at the same time accommodate Mr. Gihoy's request that any such hearing be scheduled promptly in January, 2010, as intimated by Mr. Saidis, neither he nor I will know where the relevant issues may stand until the hearing before Judge Bayley is completed on December 10, 2009, and any directive, opinion, or order received as may be entered by the Court as a result of that proceeding. We therefore join together with Mr. Saidis and Mr. Gilroy to respectfully request that the Board of View hearing in this matter be continued, generally, and not rescheduled until we have received a decision or other form of determination by Judge Bayley following the hearing to be held before him on December 10, 2009. ' bK x~ ~; I c . ~# ; ~: x~~~x..a:. ~Fs ..,. ~_" Chairman Duncan November 24, 2009 Page 2 I see no particular need to seek to supplement the general procedwal history of this matter as recited in the letter from Mr. Saidis of this date, as the same is further set forth in Condemnee Jaydip, Inc.'s., filed Reply to the Rule to Show Cause Issued on the Petition Filed by Condemnee Leeann Condominium Association, Inc., for Distribution of Funds. A copy of this letter is being sent via facsimile, today, to Mr. Saidis and Mr. Gilroy for purposes of completeness. Should you have questions concerning this matter, please do not hesitate to contact me. Thank you for yow attention and cooperation. ~ ~ll , i'~ ~ .~ Mar S. Silver MSS/ap Encloswe cc: Robert C. Saidis, Esquire (via facsimile only) Hubert X. Gilroy,. Esquire (via facsimile only) Jaydip, Inc. (via facsimile only) IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U-1 32-33-1869-125-U2, AND 32-33-1889- 125-U-3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC. LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM NOTICE OF CONTJNUATION OF HEARING TO: Robert C. Saidis, Esq. Mark S. Silver, Esq. SADIS ,FLOWER & LINDSAY P.O. Box 1152 28 West High Street Harrisburg, PA 17108-152 Carlisle, PA 17013 Hubert X. Gilroy, Esq. Mr. R. Gary Sausser MARTSON DEARDORFF WILLiAMS 1308 Bosler Place OTTO GILROY 8~ FALLER Carlisle, PA 17013 10 East High Street Carlisle, PA 17013 Mr. James P. Sheya Prothonotary's Oi'fFice 433 Mooreland Avenue Cumberland County Courthouse Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 AND NOW THIS ~ ~~ DAY OF ~ ~ ~~ ~ y ~ `~~~ ~~ .2009, The Board of View having been notified that the Court will conduct a Hearing on December 10, 2009 as to an issue directly applicable to the Board's discharge of its duties. The Hearing of the Board of View scheduled for December 10, 2009 at 9:30 A.M. is continued generally until such time as the Court issues an Order which would allow the Board to continue in its duties. Date• ~ 1 ~ ~ v/ .2009 William A. Duncan, Esquire Chairman, Board of View WAD/jda _.r li:''.'~T~t'~ 14: 5'~ ?17-A3-18F0 Mi•;RTSON L~54J OFFICES F'~;~:a_ dl ~' 1~1 M AR7"`:t)N I~EARL~C3RFF ~II.LIAMS UTTU CJiI.~UY & ~'ALLE;:E2 MARTSON LAW OFFICES UV{U.[Rbi F: \~lnRT5C1N Jc~LN $. r~)VC7.tiR Ll[ ll,~t`IF_L K. vE,1RDtiRFP '1•HCh~1.15~. ~iILL1.AMS" IVCi V. C•ITrt! [lt NUAERT X. GIUa~Y GP.,(1RfiF. B. FALLER ~R.' C,~IRIS'lY/piiF,R ~:. Rlr.:l; 'RNNU'f.Jl L. SPF'AIIS SE'L'FI T. A~Il,SE'AP.Y TRUD1f $. 1;8}i13Nt:6R KATIE. 1. MAR~ICF.1.1. ,J.~x~H M. T'H>:~ts It1 E.ns•t Ii+r.is STRI'HT 1~,1RT.ItiLf, Pi+VN51"LV.INIA 1',Ol.) 'l'u-.IiPNC)NN_ (' 1'~ 243-3341 Fntsrurra. (;1?) 243-18.50 IN'('F:RNt~•T WWW;mart5or11aW.corY1 December 10, ~U09 VIA FACSIMILE: 219-7800 V--'illiam A.1)uncan, Esquire One ]rvin~ Kc-w t;arlisle, PA 170(3 'llka~w Cttrrnnau Cm~Taie~ Sracla.lsr Re: Condemnation of Cumberland County Redevelopment Authority!Leeann Condominium Otu' File Nu. 1 ~SU?.2 Dear E3i11: We had the hearing before Judge Bayley with respeia to the issue of distrihution on the lstimated .{ust Compensation. I would expect u~me ruling shortly, but I don't know whether or not that ruling will have any impact nn action of the Board of View. Accordingly', can we please pe'oceed and Schedule a liew Board of View hearing'? 1 suggest we set a hearing date and perhaps apre- hearing conference with you alld the atiorneys involved for a week or so before the hearing. Vr:ry truly yours, IvIARTSON LAW OFFICt.S Hubert X Gilroy I IXt,,'man cc: 1\-lark Sliver, Esquire (_via facsimile: 233-?S 16) Kc~bert Saidis, Csquirc (via facsimile: 243-6486) Christopher Ilouston, Iaquirc (via facsimile: 249-.I0; I) i- tll t~w.l'.rn~s.~)r.i. : (.c RUn 11+~~_.'. .a.11 T N B C) R u AT 1 O '~p VOC A C Y srr IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869-125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-1397 CIVIL TERM IN RE: PETITION TO DISTRIBUTE ESTIMATED JUST COMPENSATION ORDER OF COURT AND NOW, this ~~ day of December, 2009, the Redevelopment Authority of the County of Cumberland is granted until December 31, 2009, to file an amended allocation of the $791,000 it has deposited with the Prothonotary as estimated just compensation for the properties of Leeann Condominium Association, Inc., Leeann Corporation, and Jaydip, Inc. If no amendment is filed, the Prothonotary shall forthwith distribute the estimated just compensation to the owners pursuant to the current allocation. If an amendment is filed, the Prothonotary shall forthwith distribute the estimated just compensation pursuant to the amendment. By th Edgar B. B~+yley, J 09-1397 CIVIL TERM Robert C. Saidis, Esquire For Leeann Condominium Association, Inc., Leeann Corporation Mark S. Silver, Esquire For JayDip, Inc. Hubert X. Gilroy, Esquire For Redevelopment Authority William A. Duncan, Esquire Chairman of the Board of View sal -2- IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U 1, 32-33-1869-125-U2, and 32-33-1869-125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-1397 CIVIL TERM IN RE: PETITION TO DISTRIBUTE ESTIMATED JUST COMPENSATION MEMORANDUM OPINION AND ORDER OF COURT Bayley, J., December 17, 2009:-- Under the Eminent Domain Code, a court, upon petition of any party in interest, shall distribute the funds paid into court as estimated just compensation. The distribution shall be without prejudice of either the condemnor or the condemnee to proceed to a final determination of just compensation, and in no event shall the condemnee be compelled to pay back to the condemnor any of the estimated just compensation paid. The Redevelopment Authority has deposited with the Prothonotary estimated just compensation totaling $791,000, allocated: for Unit Number 1 owned by Jaydip, Inc., $209,000; for Unit Number 2 and 3 owned by Leeann Condominium Association, Inc., Leeann Corporation, a total of $582,000, $113,000 for Unit Number 2 and 09-1397 CIVIL TERM $469,000 for Unit Number 3. The owners of these condominium units disagree as to the allocation of the $791,000. Leeann Condominium Association, Inc., Leeann Corporation wants the allocation as set by the condemnor. Jaydip maintains that there is an error in the calculation of the allocation which was based on an appraisal preformed for the Redevelopment Authority by Larry E. Foote. It wants the court to set the allocation. The Redevelopment Authority, apparently based upon a concern that the allocation may not be correct, wants the distribution paid to the Condominium Association or an order refusing distribution until a final resolution of the case. Under the Eminent Domain Code, the two owners are entitled to have the estimated just compensation distributed prior to a final resolution of the case. This court does not have to nor will we set the allocation. An order will be entered allowing the Redevelopment Authority time to file an amendment to its allocation of the $791,000 between the owners. If no amendment is filed, the Prothonotary shall distribute the $791,000 pursuant to the current allocation. If an amendment is filed, the Prothonotary shall distribute the $791,000 pursuant to the allocation in the amendment. ORDER OF COURT AND NOW, this ~~`day of December, 2009, the Redevelopment Authority of the County of Cumberland is granted until December 31, 2009, to file an amended allocation of the $791,000 it has deposited with the Prothonotary as estimated just compensation for the properties of Leeann Condominium Association, Inc., Leeann Corporation, and Jaydip, Inc. If no amendment is filed, the Prothonotary shall forthwith -2- 09-1397 CIVIL TERM distribute the estimated just compensation to the owners pursuant to the current allocation. If an amendment is filed, the Prothonotary shall forthwith distribute the estimated just compensation pursuant to the amendment. By the court, . c ~~ Edgar. Robert C. Saidis, Esquire For Leeann Condominium Association, Inc., Leeann Corporation Mark S. Silver, Esquire For JayDip, Inc. Hubert X. Gilroy, Esquire For Redevelopment Authority William A. Duncan, Esquire Chairman of the Board of View :sal -3- 09-1397 CIVIL TERM MF~k I tiUN LAW ~ IF F I ~~ES Robert C Saidis, Esquire For Leeann Condominium Association, Inc., Leeann Corporation Mark S. Silver, Esquire For JayDip, 1 nc. Hubert X. Gilroy, Esquire For Redevelopment Authority William A. Duncan, Esquire Chairman of the Board of View :sal F~a~:a_ I0~ ~e -2- .- -' - -' - - _ _ ~ ~ . . _ ~ . <~ ~~ i v w PIf1K 1 ~~Ul'i t_HW Ur r l ~~t=~~ WfIJ.IAM I". MANTSON Jol{N B. FcTwT.EII IIi DANIN.1. K. D»oltt~ TNUUNS j.1>G'n11AMS+ No V. Onto III HUHtS~T X. GILAOY Gr:(~ava B. FAI.t~K JR " MAtt'CSON DEARDOREF WILLIAUS OTTO G[LROY & FALLER MARTSON LAX/ OFFICES 10 BAST NK.H $TRP.fi7' CAR[Itill+., pF.NN527.VM11:\ 1013 Tr_LI:I~Hr rNr I? ; ~ 243-3341 FMSIrtiuLl+. (7'.~ 243-1850 I[v'1'E.tNt• ; alurwmsrtaonlavKCOm V[,~,,~,ND DELIVERY Curtis R. Long, Esquire Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 NAG= E=11 ' 175 DAVtD A. Frrzsn~coNs CHRf51'UPHL+R E. RI(:F. ,IexNIFL'R L.. SPLA0.S SI~rH T. ~toss':sE?r KAt7E } MAxw~tt. ]AC~e M. 't'rlels 'Aofup Carmruo (:rva Tiwr. Swrw nr December 29, 2009 itE: IN RE: Condemnation of Cumberland County Redevelopment Authority Docket No. 2009-1397 Our File No. 12502.2 Dear Curt: Enclosed for filing is an Allocation of Estimated Just Compensation in the above matter. Please note this document is filed pursuant to Order of Court dated December 17, 2009 and, consistent with that Order, you are directed to distribute funds previously deposited in this case consistent with this Allocation of Estimated Just Compensation. Very truly yours, MA "SO LAW FICES Hubert X. Gilroy HXG~'srb Enclosure cc: Robert C, Saidis, Esquire (via facsimile (717} 243-6486) :Mark S. Silver, Esquire (via facsimile (717} 233-2516) Christopher C. Houston, Esquire (via facsimile (717) 244-4071) William A. Duncan, Esquire (via facsimile (717) 249-7800) - fILES~(Iiglttn 1:502.1 C:CftDA•I:SO,'.:14otFyi INPORMAT{O V O C A C Y _ _ _ _ _ _ _ _. . „ .... ~-.1 ..,.w i'Ir-+Y+. I ~ul't LHw Ur r 1'~~t~ f Fp.F.SK91t:ate't2S02.2CCRDA•1;302.:Alieatbn Crated. n20.M f]O6PM Rrvwed. I D29,(w f 4 1 I PM Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorney for Condemnor 1N RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1864.125, 32-33-1869-125-U1, 32-33- (869- 125-U2, and 32-33-1864-125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, IIVC., LEEANN CORPORATION, AND JAYDIP, tNG., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM AIi.LOCATION OF ~~IMATED JUST COMPENSATION The Redevelopment Authority of the County of Cumberland (hereinaRer referred to as the "Authority") hereby files this Allocation of Estimated Juat Compensation in accordance with the December l7, 2009 Order issued in the above case, a copy of which is attached hereto and marked Exhibit `A'. 'Che Authority has deposited $791,000.00 as Estimated Just Compensation with the Prot.~orwtary. Consistent with the mentioned December 17, 2009 Order of Court, the Authority suggests that the Estimated Just Compensation should be distributed as follows: 6J~% ~5 MAk I ~JN -RW ! ~F F iCE~ F~aE ~'~ ~` 1. $3,935.00 payable to JayDip, Inc. for its ownership of Unit tiio. 1. 2. $210,040.00 payable to Leeann Corporation for its ownership of Unit No. Z and Unit No. 3. 3. $577,025A0 payable to Leeann Condominium Association, [nc. (hereinafter referred to as the "Association's for its interest in the common elements of the condominium, paid in accordance with Section 18.2 of the Leeann Condominium Declaration of Condominium (hereinafter referred to as the "Declaration") as recorded in the Cumberlaad County Recorder of Deeds Office in Miscellaneous Book 536 Page 402. Consistent with Section 18.2 of the mentioned Declaration, the payment to the Association is made "...for the use and benefit of the unit owners and their mortgagees as their interest may appear." The above allocation of payment of Estimated Just Compensation is made on the following basis: A. The appraiser for the Authority has estimated the per acre value of the property in question at $295,000.00 per acre. Unit No. l is .393 acres far ;Ln estimated value of $1 i 5,935.00. As per the said appraisal, $112,OOO.UO shall be adjusted for demolition costs and use restrictions resulting in a payment of $3,935.00. 8. Unit No. 2 is 1.38 acres and at $295,000.00 per acre has a value of $40,710.00. Unit No. 3 is .574 acres and at $295,000.00 per acre has a total value of $169,330.00. Both Unit Na. 2 and Unit No. 3 are owned by Leeann Corporation and, thus, a payment of $2 ] 0,040.00 should be made to Leearin Corporation. C. "Fhe remaining portion of the subject condominium consists of conunon elements. Consistent with the Declaration at Section 18.2, the Association is to receive payment of the damages for the common elements. The common elements consist of approximately 1.956 acres which times the $295,000.00 per acre equals a 2 ~... .. .+. ..vvl a~~. w f l f 'LVJ'10'JrJ MILK ~ b! IFi _~'+W 1~F-}- 1~_t'~ D. E. P:s~:~E ~t4/~5 balance of $577,025.00. As indicated previously, the payment to the Association is made for the use and benefit of the unit owners. in the event the $791,000.00 deposited with the Prothonotary by the Authority has accrued interest, the interest should be divided between the three payees outlined above as follows: JayDip, Inc 0.5% Leeann Corporation 26.5% Leeann Condominium Association, Inc. 73.0% Payments of the above sums should be delivered as follows: Tv JayDip, Inc. To Leeann Corporation To Leeann Condominium Association, Inc. Date: December 29, 2409 Respectfully By: JayDip, Inc. c/o Mark S. Silver. Esquire P.O. Box 1152 Harrisburg, PA 17 t 08- l 1 S2 Leeann Corporation c% Robert C. Saidis, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Leeann Condominium Association, Inc. c/o Robert C. Saidis, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Cazlisle, PA I ?U13 MARTSON LAW OFFICE; I o East High Street Carlisle, PA 17013 ~. I.D. No. 29943 10 East High Street Carlisle, PA 17013 017) 243-3341 Attorney for Condemnor tN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869-125-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE 80ROUGH OF . SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA F~;~~E G_15,'"t~5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-1397 CIVIL TERM IN RE:-, PETITIO TO DISTRI,~UTE ESTIMATED JUST COMPENSATION ORDER OF COURT AND NOW, this ~ ~ day of December, 2009, the Redevelopment Authority of the County of Cumberland is granted until December 31, 2009, to file an amended allocation of the $791,000 it has deposited with the Prothonotary as estimated just compensation for the properties of Leeann Condominium Association, Inc., Leeann Corporation, and Jaydip, Inc. If no amendment is fited, the Prothonotary shall forthwith distribute the estimated just compensation to the owners pursuant to the current allocation. If an amendment is filed, the Prothonotary shall forthwith distribute the estimated just compensation pursuant to the amendment. Exhibit A _ _. _ _. _ ~.+.. . ~ . ~ _ r i r c4 ~-10;JrJ h1AM 1 51 1N Lr~:'1 ~JFFICES Wsu.L~M F. M.+erzsoN JOHN B. P(~avIBA QI DANIEL K. ~tiARWRYP THOMAS J. Wlwftus* Igo V. arr(, RI HueER'r X. Gu.~oY GEORCiF_. $. f'AIJ.AA JA.+~ MARTSON DEARUORFF WILLIAMS ~TTO ~3ILROY & FALLER MARTSON LAW OFFICES lu L.+sr Haai SrAl~r:r (:AALiSLt::, YLt.NT1SYL\'ANL1 1'1013 'Ct!r.t_rln>Nt (717) 243.3341 P~(Sr~(U.E (117} 243-tA50 INtt:.(lNE'C ww~umattsonlaw.com ViA FACSIMILE (7171249-7808 William A. Duncan, Esquire One Irvine Row Carlisle. PA 17013 Plaia_ t71 r' l ~7 Dnvro :l. FI•rtstaluNs CHAISfOPFiF,R (:. MGk: f e~riIFER L Sak:.gRs $E I21 •I~ ~lC1SEBEY tca•riE f. I~i,ulwu,l. JAC(,B M.1'KSts 'Ho~um Caat'artm Gmt'rr<w. Srec:uusr December 29, 2049 Re: 1N RE: Condemnation of Cumberland County Redevelopment Authority Docket No. 2009-1397 Our File Mo. 12502,2 near Bia: l enclose for your information a copy of a recent decision issued by Judge Bayley in this case along with an Allocation of Estimated Just Compensation which t have filed with the Prothonotary consistent with .fudge Bayley's Order. On behalf of the Authority, I again request that you proceed with scheduling a hearing in this case as soon as possible. The fire company that will be taking possession of this land wants to proceed with construction, but their plans await the final resolution of how much monies must be paid under these condemnatiion proceedings. Naturally, the main issue in this case is the amount of Just Compensation. However, there is also clearly an issue between the condominium unit owners not only with respect to the relative value of each unit but with respect to the percentage of allocation to each unit owner of the monies paid fbr the value of the common elements. I will look forward to hearing from you in this matter. r 1 XG; srb ~nclosurc Very truly yours, MARTSON LAW OFFICES ert X. Gilroy _... ~... _~_s ~~.<_ rir-~~+.~-t~~'~r~ MF;kI'~UN Lr1~,J CIFFICE'~ L RLEti~C'4avr~l5(?: ~ CCRDA~!2592 :.AIkKeiion Cra1a1 44R.di 1~OGFM Hubert X. Milroy, Esquire I.D. No. 29943 MARTSOh DEARDORFF WILLIAMS OTTO GiLROY & FALLER ~1AIZ"1'SON LAW OrFICES 10 Fast Iligh Street Carlisle, PA 1?013 (717) 243-3341 Attorney far Condemnor IN RE: CONDEMNATION BY'I'HE REDf:VCLUP14iENT AUTHORITY OF THF: COUNTY OF CUMBERLAND OF "1'HE PREMISES KNOWN AS "CAX PARCEL NUMBERS 32-33-18b9-125,32-33-1869-125-U1, 32-33- l 869- l 25-U2, and 32-33- l 869- 125-U3 BCING THE PROPERTY OF LFEAN:V CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC'., IN THE BOROUGH OF SHIPPGNSBURG, CUMBERLAND COUNTS", PbNNYLVANIA. PEG= bJ2i l0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. U9-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ALLOCATION OF ESTIMATED JU5T COMPFNSATiON The Redevelopment Authority of the County of Cumberland (Hereinafter referred to as the "Authority") hereby files this Allocation of Estimated Just Compensation in accordance with the December l', 2009 Order issued in the above case, a copy of which is attached hereto and marked Exhibit 'A'. .~. _.v, cw~ 11.~d 1 t -L4.j-1 ~i'~V~ t~1AF'?'~hJ _H4~ OFE= IVES PuuE ©3t1a "the Authority has deposited $791,000.00 as Estimated Just Compensation with the Prothonotary. Consistent with the mentioned December 17, 2009 Order of Court, the Authority sugbests that the Estimated Just Compensation should be distributed as follows: $3,93 S.OU payable to JayDip, Inc. for its ownership of Unit No. ! . ?. $210,040.00 payable to Leeann Corporation for its interest in Unit No. 2 and Unit No. 3. 3. $577,025.00 payable to Leeann Condominium Association. Inc. 1'or its ownership of the common elements of the condominium association paid in accordance with Section 18.2 ofthe Leeann Condominium Declaration ofCondorninium as recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 536 Page 402. Consistent with Section t8.2 of the mentioned Declaration, the pavment to Leeann Condominium Association, Inc. is made "..,tor the use and benefit of the unit owners and their mortgagees as their interest may appear." The above allocation of payment of Estimated Just Compensation is made on the t<~Ilowing basis: r~. The appraiser for the Authority has estimated the per aue value of the property in question at $295,OOO.tx} per acre. Unit No. 1 is .393 acres for an estimated value of ~ 115,935.00. AS per the said appraisal, $112,000.00 shall be adjusted for demolition costs and use restrictions resulting in a payment of $3,935.00. B. iJnit No. 2 is 1.38 acres and at $295,000.00 per acre has a value of $40,71 U.OU. Unit No. 3 is .574 acres and at $295,000.00 per acre has a total value of $169,330.00. Both Unit No. 2 and Unit No. 3 are owned by Leeann Corporation and, thus, the payment of $21 0,040.00 should he made to Leeann Corporation. _ - _ - - _ ~ . ~.. , . , ..-.., a v.~t+ h1HK I `r+IJN L:~bJ Lif- F 1'~ES F',r-'»~t~= X14! 1 ~ C. The remaining portion of the subject condominium consists of common elements. Consistent with the Declaration at Section 18.2, the Association is to receive payment of the damages for thc common elements. The common elements consist of 1.956 acres which times the $295,000.00 per acre equals a balance of ~5?7,025.00. Respectfully submitted, By Hubert X. Gitroy, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 1.D. No. 29943 10 East l~iigh Street Carlisle, PA 170(3 (717) 243-3341 Date: December 29, 2009 Attorney for Condemnor t.Awo~cs~ SAIDIS, FLOWER ~ LINDSAY A P'B~OFESSIONAL COBPOIIATION 36 WYST BIGS STRi~lT JOHN B. 3I.II~B C'ARi.ISit, lRNiNSYI,VANIA 17A13 ROHBAT G 8AIDIS TSI.EP°SONZ: (717) 243-6~2 - FACS3HY~.Zt (91~ 343.6486 2109 MARICBT 3TRBST JAMES D. FLOWER, JR tMAD~: attore~-lawroam TBL~'HONB: (717)737-3405 CAROL J. LIl~tDSAY www. sD-law.eom FAC~.B: (71'1)737-3407 JOT~i B. I.Ab~'I DANIEL L. SULIdVAN DEAN B.RSYNOSA THOMAS B. FLOWBR MABYLOU MATHS JA30N B. RB1.S0 January 7, 2010 ~fi EAlll~ William A. Duncan, Eaq. One Irvine Row Carlisle, PA 17013 Re: Redavebpmszt Aatl~ority Ca`denu~stiou/i.eeana Condominium Dear Bill: As chairperson of the Board of View in the above captioned matter, I am writing to confirm that my client, and I believe Attorney Silver's client, is not in a position to move forward promptly on a hearing before the Hoard of View. As the Condamneee, we have the option to request the heating. The petition for your appointment war filed by the Condemner. In addition, Judge Hayley's decision of December 17, 2009, ie being revieNed by us with our client. toe are considering a petition for reconsideration, appeal or other relief. On behalf of the Leeann Corporation, we would respectfully request that you withhold scheduling a hearing until furthez notice from the Condemnees. Thank you for your attention to this matter. ruly/yours, i LIlRD87lY RCS/pm C. Saidis cc: Bd Rosenberry Hubert 7C . Gilroy, Baq . Mark 8. Silver,.Sst. cTOSEPH A. KLEIN. P.C. ATTOgNEYS AT LAW Posr OFFICE BoX 1152 HASSLSHUSt3. PA 17108 JosEpH A. KI.EIN MASH S. SILVEs ADAM G. KI.EIN~ January 7, 2010 William A. Duncary Esquire Duncan & Hartman, P.C. One Irvine Row Cazlisle, PA 17013 VIA FACSIMILE (717) 249-7$04 AND )H'IRST CLASS U.S. MAIL (717) 233-0132 FAX: (717} 233.2518 •A~o snxrrTan [x Naw Jresay Re: In re: Condemnation 6y the RedevelopmentAuthority of the County of Cumberland of the premises known as ?'ax Parcel Nos 32-33 1861.125, 32-33-1869=125-U1, 32-33-1869`125-U2, and 32-33-1869-125-U3 Being the Property of Leeann Condominium Association, Inc., Leeann Corporation, and Jaydip, Inc., in the Borough of Shippensburg, Cumberland County, Pennsylvania No. 09-1397 Civll Term (Cumberland County) Your File Na: 12S02.Z Our Client: Condemnee Jaydip, Ins Dear Chairman Duncan: The issues involved relative to the distribution of the Estimated Just Compensation paid into court by Condemnor Redevelopment Authority were azgued before then-President Judge Bayley on December 10, 2009. On December 17, 2009, Judge Bayley entered an Order, not received by this office until December 28, 2009, with which we have grave concerns inasmuch as it failed to distribute the Estimated Just Compensation in accordance with mandatory provisions of both the Eminent Domain Code and the Uniform Condominium Act (Pennsylvania). As a result, both Condemnees have not yet been able to resolve important issues regarding distn~ution of the Estimated Just Compensation, which issues must be concluded before proceeding to a Board of View hearing. Therefore, on behalf of Condemnee Jaydig, Inc., we believe that it would be inappropriate to schedule the Board of View proceeding (hearing} in this matter unfit such time as Mr. Saidis and the undersigned, on behalf of the Condemnees, provide further confirmation to you that a hearing is appropriate. Mr. Duncan January T, 2010 Page 2 Should you have questions or wish to further discuss this matter, please do not hesitate to contact me. Thank you for your attention and cooperation. Respectfully, MSS/ap cc: Robert C. Saidis, Esquire Hubert X. Gilroy, Esquire Jaydip, Inc. (via facsimile only) Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman (717) 249-7780 FAX (717) 249-780(? dhlaw(a3pa.net January 8, 2010 Hubert X. Gilroy, Esq. MARTSON DEARDORFF WILLIAMS OTTO GILROY 8 FALLER 10 East High Street Carrisle, PA 17013 RE: Redevelopment Authority of Cumberland County vs. LeeAnn Condomini~an Associstbn and Jaydip, Inc. For Board of View m View Promises No. 09-1397 Civil Term Dear Hubert: I have received letters from both sides in regard do the decision issued by Judge Bayley recently Accordingly, the Board of View will take no further action. If either or both parties not fi- the Board that a Hearing is requested, the Board wiN consider the request at that time. Pleaae keep me advised. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WADIjda CC: James Sheya Gary Sausser . . v y •,., ~ MF;f~ f 'SON _HW OAF I CES ~v[I1.tAM F tiL~1R't'S()N ~~?fiNt F3. f'UQLER Ill t)AM[P.l. Iti,. l) FJIRi)t iRP[r '['H(?MAS]. WtitlAbiS* Tvo V. t7rro III EltcutsRr X. GtutoY Grx~x(;t 8. Fa[.LeR JR.~ MAR~~t'SC)'~ DEARI)(7R.EF WILLIAMS C~~CTO CIILE24Y & ~'~ALLEK. MARTSON LAW OFFICES t0 Ensr f lsc}t Srxt~.~:r (.RRIJSt.P., P}::NNSYLVA14tA 17Q13 'I~h1.HPN(iNt? {71~ 243-3341 F,u:ti~+ttF (71'} 2a3-1850 1NTt::RNtr www.mutac?tiawc:c~m Honorable Kevin A. I-Iess Cumberland County Courthouse Carlisle, PA 1 ?013 F'r~~~_ ~t~%!_1~I nnvID A. rl,~.~tM(~N~ C,H1t1STOPIIL'A E. Rice ~b.hN(FF.R l.. SPE.~RS StrT!(T i~1tiSL'DLV r~~„t;3. MAxa~f.~ JnroB M.'L'luas 'boetcn Curtt!tnt Cma.Ttwu. Sort;inurr January 25, 2010 RE' Condemnation of Cumberland County Redevelopment Authucity CondemnationlLeeann Condominium Docket No. 2009-1397 -Cumberland County C.C.P. Our File No. 22502.2 Dear Judge Hess: 'l'he above matter is a condemnation case previously handled by Judge Bayley. Before the Court at this time is a Motion for Reconsideration of Order of Court dated DCCember 17, 2009, andlor Request for Permission to Appeal Pursuant to 42 Pa. C.S.A. §702 filed by Attorney Mark S. Silver on behalf of Condemnee, Jaydip, Inc. Attorney Robert C. Saidis represents the other Condernnee in this case and [represent Condemner Redevelopment Authority of Cumberland County. Attorney Wiliam Duncan is the Chairman of the Board of View. Despite a request by the Authority to proceed with scheduling the hearing on damages, Attorney Duncan has indicated that the hearing will not be scheduled pending resolution of the issues between the two Condemnees on the distribution of the estimated just compensation. I suggest that the procedural complexities of this particular case merits the scheduling of a Status Conference and I request that such a Conference be scheduled with you. [f you are inclined to grant this request, ] enclose a proposed Order to that effect. Thank you far your cunsideration of this matter. HXGttde Enclosure cc: William A. Duncan, Esquire (w/enc.) Christopher C. Houston, Esquire Robert C. Saidis, Esquire (wtenc. ) Mark S. Silver, Esquire (w/enc.) 1~ -~itLFS~.Cllmtnl.SUt.2 C.t'RIIA.;:S02 ?,jhi I N P O 8 M .1 T 1 U N Very truly yours, MARTSO LAW OFFICES crt X. Gilroy O C A C Y ..un' 1 cJU..GcXda Rrixd' 12~%10 S ~QPM IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869-125, 32-33-1869-125-U1, 32-33-1869-125-U2, and 32-33-1869-I 25-U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.09-1397 CNIL TERM EMINENT DOMAIN PROCEEDING IN REM • ~~ ~ - ,~ AND NOW, this ~. day of January, 2010, upon the request of the Redevelopment Authority of Cumberland County, a Status Conference is scheduled in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, PA, on the ~~ day of ~ , 2010, at .3iUU ~Q m• cc: William A. Duncan, Esquire Hubert X. Gilroy, Esquire Christopher C. Houston, Esquire Robert C. Saidis, Esquire Mark S. Silver, Esquire ~ ~ . _ ~ ;.; ~~ 1 ~ _ I C ~ _ ~ j ' __ ~ , • 1. ~~~ _ ~~ ~ ~\ -~ BY THE COURT, IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY : OF THE COUNTY OF . CUMBERLAND OF THE PREMISES KNOWN AS TAX . PARCEL NUMBERS 32-33-1869- : 125, 32-33-1869-125-U1, 32-33- 1869-125-U2, and 32-33-1869-125- U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-1397 CIVIL EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this 2 9' day of January, 2010, the status conference in the above- captioned matter set for February 5, 2010, is continued to Tuesday, February 9, 2010, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Cazlisle, PA. BY THE COURT, Hubert X. Gilroy, Esquire For Condemnor Robert C. Saidis, Esquire For Condemnee Leeann Corporation Mazk S. Silver, Esquire For Condemnee Jaydip, inc. ~' !~ Kevir( A. Hess, P. J. ~, William A. Duncan, Esquire Chairman Board of View Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman February 1, 2010 Judge Kevin Hess Cumberland County Courthouse One Courthouse Square Carfisle, PA 17013 (717) 249-7780 FAX (717) 249-?800 dhlaw@pa.net RE: Redevelopment Authority of Cumberland County vs. LeeAnn Condominium Association and Jaydip, Inc. For Board of View to View Premises No. 09-1397 Civil Term Dear Judge Hess: I will be unable to attend the Status Conference you scheduled in regard to the above captioned matter and wanted to provide you with some background from the Board of Viewers for your information. 1. The Board viewed the premises as soon as the parties made themselves available. 2. The Board typically sets a Hearing Date at the View in order to discharge its duties in a timely fashion. 3. The Board determined that there was a potential dispute between the Condemnees related to the allocation of the Award of Damages. 4. All of the Attorneys were instructed to present legal authority to the Board as to whether an albcation was. required of the Board of Viewers. 5. The Hearing Date established by the Board was continued due to an appearance before Judge Bayley by the parries on the Hearing Date. 6. Judge Bayley issued an Omer and the Boani was prepared to schedule the Hearing. 7. Condemnee's Counsel asked for a further continuance in order to reevaluate whether an appeal or a reconsideration of the Order was indicated. Page 2 8. it is inaccurate as stated in Hubert Gilroy's letter that the Boats is not scheduling a Nearing until the allocation issue is resorted. 9. The Board is not currently scheduling a Hearing because an appeal or reconsideration may affect the matter. 10. The Board is prepared to proceed and to issue a Report either with an albcation of damages or without same in accord with law. The Board will ad in accord with any further Order of Court in the discharge of its duties and in the absence of any appeal or reconsideration will conduct its Hearing. Thank you for your revieyv of this letter. We await any Osier you may issue. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan, Esq. WADlIda CC: Hubert Gilroy, Esq. Robert Saidis, Esq. Mark Silver, Esq. - - . y . ~~, 1~:,~, n~aR?SOrd _~;bJ Gf/ FICES P~,taE 01f`~t 1Y1~RTSUN .DEARDURFF WILi~tA1VIS C)'I'TO GILROY & FALI.Ett MARTSON LAW OFFICES ~~1FJ.L11N I'. MARI'SOtJ JOHN 8. Fawl.u- UI II.MFI£l. 1C.. I~F.A ItU: )RFF THOMIJ J. Wlf1.FAMti* ivc) V. Orrct III ItUBERT x. LriI.1R71 DAV[D A. k'rt LS1M(tiN9 CIiRFSI"QPHER F'.. NCk: ~ENNiFER I, SPf•~\RS Sirt'H 'r Mcuus~.v K~rte J. MAxasl.l. J.\a,x M. ~I~IFf31~ f0 t's.\.r'r Hu;FI 5tREfrT rARl1SLS, Petvwsz~[.vrti~iA 17013 ~I"t+F.EpHOivN. ~^ 17) 243-3341 f.vsu\ttt~: ~"; i'7) ?_43-1850 I1J1'f?RNF."t wwwmarrsontawcc~m February l , 201 U '8a~ruP ('eRrrrtw Ctartr.llew. Srex~wcrsr V1A f~ACSt1~ilLE (7'17, 243-6486 V1~1 >Ft~C'~MI~F. L7i7-233-2516) Robert C. Saidis, Lsquire 149ark S. Silver, Esquire Saidis, t'luwer & Lindsay P.U. Box t 152 ?6 Vi.'est High Street ! Iarrisburg, PA 17108-1152 t'arlisle, PA I?Oi ite: ltcdevelopment ~~uthority Condemnation ()ur E'ile #12~i02.2 llcar Mark and Bob: Jud};e l less scheduled a status conference on this l~riday afternoon. Cam out all day l~riday in Philadelphia with the National Triat Mout Court Team from Dickinson School of'I,aw. I nutitied {Zohbie of my unavailability, and she indicates that it has been rescheduled to 'I"uesday, l~ebruary 9'h at i 1:U0 a.m. i don't know if they are going to do an Order on this or nat, but [wanted to let you know the information 1 had. Very truly yours, M1R'I" iv L~1W OFFIC:FS ltubert X. Ciilrov } 1Xtiim~u~ cr: Vl,'illiam .~1. I?uncan, Esquire (via facsimile: 249-7$00) C'hristophcr C. I iouston, Csyuirc (via facsimile: 3~i9-4071) t Id.L..t ants~~"•v13~i s.UA~. s"~UZ'is,m:;2 INPORMAT)O YUCACY 'M --- - - - . , 1 . ~ + .. -, _+ ~ ~_ ~t~ r~ts;r' i ~+Ur'l _:+!'1 .:r r l~_:~'~+ ~-':;~.t t_tl :' I_t.. .MA~tTSC?N T.~EARUORFP WILLIAMS 01'TO GILROY & FALLER MARTSON LAW OFFICES il) TA;r HI<;H :iTKti}it {.ARI.ISf.F., PF.TiN177.VANIA !7{113 '1't<.1.P.Pl IUNF.. (~ 1 ~ 243-3341. FACSTMTT.I'+. (?1~ 243 tSSO TV'TH.RNP'I~ p'W7Y,tllaft$Ofli.AW.C0/11 Honorable Kevin A. Hess Cumberland County Courthouse C'arlislc, PA 17013 February 9, 2U 1 ~ Wur.InM !: hfnR~nc;•h JfxIN ER T~.rR llf T~ANIE:I. TL D}:AR[XIRE~t ~I'fi{>MA~ ~. Q~1ILIAMS~ Tvc~ ~`. t~rr'c.~ IlI HttxLttr ~:. Gn.R<iv CP.URGCS $. NALLGR JR.~ ~AtlAgb {.aR71-11 T~441-) r1. f~lr/_i1A(uNS {_,11A15ff1PilF~R ~_{. I~iff_+. jH:VNt}~6R 1.. $PE.AR,~ 1tn~t~ j. Mrxul:.u. j.1(:cIH ill Zllbls s Cwu Tw.~ 81tiu:uulsr RT:: Condemnation of Cumberland County Redevelopment Authority Condemnation/Leeann Condominium Uoeket No. 2009-1397 -Cumberland County C.C.P, Our File No. 12502.2 Dear Jude Hess: Enclosed is a Memo that l file far purposes of consideration at our status conference ychedule,d for today. Very truly yours, M O LAW OFI~ICES ubert . Gilroy 1~1XG/srb Enclosure cc: William A. Duncan, Csquire (Via facsunile (7I7) 249-7800) Christopher G. Houston, Esquire (via facsimile (717) 249-4071) Robert C. Saidis, Esquire (via facsimile (717) 243-6486) Mark S. Silver, Esquire (via facsimile (717) 233-2516) c .}Tt_GS~.c,p,~9~> [so.. z ccROR',tzso:.z ~ N FORMA,T10 D VU CAGY SM f I~71d~Stlyienls~1:SR:,7 Cf.Y.UP.•I:Sd21.Ftat.rRESietuxConi X10 ('tared 9%2tkf~4 U 06PM Nnved 2N.ii~ 9~14P.h1 Hubert X. Gilroy, Esquire I,D. No. 24443 MARTSON DEARDORFF W11,L1AMS O'I'"f0 GILROY & FALLER MAR'I'SON LAW OFFICES t 0 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Condemnor 1N RE: CONDEMNA'1'lON BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX. PARCEL NUMBERS 32-33-18b9-125, 32-33-18ti9-125-U1, 32-33-1869-125-U2, and 32-33-1869-12S-U3 BEING "I'HE PROPERTY Ok 'LEEANN CONDOMINIUM F'~cE li'<.' L~: ~TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.09-1397 CIVIL TERM : EMINENT DOMAIN PROCEEDING IN REM ASSOCIATION, INC., LEF,ANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNYLVANIA, MEMORANDUM RE FEBRUARY 9.2010 STATU COI`dFERENCE The position of the Cumberland County Rcdevelopm~:nt Authority (Authority) is that the pleadings and other procedural things in this case clearly demonstrate that there is a si~mificant disagrectnent between the owners of the condominium units with respect to distribution of Estimated Just Compensation and, ultimately with respect to distribution of Final Damages as determined by a Board of View or jury. The Authority, which has pursued this condemnation on behalf of a non- profit fire company and non-profit ambulance company located in Shippenshurg, believes that the mast logical and orderly resolution of the current dispute is as follows: 1. The Authority believes the Court should reconsider the prior Order of December 17, 20t1~. 2. The Court should direct that a!1 parties be required to return all checks or funds previou.4ly issued by the Prothonotary of Cumberland County that relate to thr initial distribution of Estimated Just Compensation. . ~ ~ -• - ~ ~-' _ - r•~~r.: ~ ~~ ire _E-,~,;i i_r r 1!_a'~ F:~! E ~i 3! ~1 3. 4. Unless all panics ogee by stipulation, the Authority may f ile a Declaratory J udg-nent actin to bring before this Court for ultimate determination the issue of the allocation of Estimated Just Compensation between the parties and, ultimately, the alloxation of any Final Damages between the parties. The Court direct the Board of View to proceed with a hearing on total damages relating to the condemnation, with the )3oard of View action to proceed simultaneously while the Court is resolving the issue of allocation between the parties. Thu. Authority suggests that the above procedure will appropriately insure an orderly handl ing of these disputes in an expeditious fashion to insure that the appropriate panics receive the compensation in this matter and to insure that the compensation is paid as quickly as possible. Respectfully submitted, Date: February ~ , 2010 By Hubert X. Gilroy, Esq re MAR'1'SON LAW FICES 14 East High Strc Carlisle, PA 17 3 I.D. No. 299 14 bast High Strcct Carlis]e, PA 170]3 (?17)243-3341 Attorney far Condc~rulor JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHN B. LAMPI DANIEL L. SULLIVAN DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS JASON E. KELSO The Honorable 1 Courthouse Carlisle, PA LAW UFRICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMII.E: (717) 243-6486 EMAIL: Attorney@sfl-law.com www. sfl-law.com February 10, 2010 Kevin A. Hess Square 17013-338? CAMP HILL OFFICE 2109 MARKET STREET TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Re: Condemnation by the Redevelopment Authority of the County of Camberland No. 09-1397 Civil Term Dear Judge Hess: Per the parties' discussion at the status conference on February 9, 2010, our client, Leeann Corporation, agrees to waive its right to delayed compensation damages from today's date until the pending matters before this Court are resolved. Our waiver is conditioned upon the Board of View not proceeding simultaneously with the issues before this Court. This is the same stipulation which Attorney Mark Silver agreed to for his client, JayDip, Inc., at the status conference. If you have any questions, please do not hesitate to contact me. Very truly yours, FLOWER & LI SAY Kelso, Esquire JEK/pm cc: William A. Duncan, Esq. Hubert X. Gilroy, Esq. Mark S. Silver, Esq. Christopher C. Housto FEB 12 2010 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CONDEMNATION BY THE PENNSYLVANIA REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND N0.09-139? CNIL TERM OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- EMINENT DOMAIN PROCEEDING 125, 32-33-1869-125-U1, 32-33-1869-125-U2, AND 32-33-1869- 125-03 BEING THE PROPERTY OF IN REM ,~, LEEANN CONDOMINIUM ~ ~ ~ ASSOCIATION, INC., LEEANN ~ cx~ ~ CORPORATION, AND mfrs ~ =. ~_ ~ JAYDIP, INC., IN THE BOROUGH OF ~';= ~ ~ SHIPPENSBURG, CUMBERLAND PENNSYLVANIA COUNTY c- J =; + ` ~~ , ~ ~ . 1 ORDER OF COURT ~ `~ -~ AND NOW THIS t~` day of l`r.~r , 2010, upon consi deration of the within Petition to Suspend of Leeann Corporation, the Court hereby directs and orders the Board of View to nat proceed until all pending issues regarding the allocation of the Estimated Just Compensation are resolved by the Court and duly advised by both JayDip, Inc. and Leeann Corporation that both are ready to proceed with the hearing before the Board of View. From the date of this Order until a Court Order regarding condemnee, JayDip's, Petition for Reconsideration, both condemnees will not be entitled to delayed compensation damages. BY THE COURT, tAWERIS 8t LINDSAY 6 West High Screec Carlisle, PA cc: William A. Duncan, Esquire Hubert X. Gilroy, Esquire Robert C. Saidis, Esquire Mark S. Silver, Esquire Kevi 'A. Hess, J. IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33- 1869-125-U2, and 32-33-1$69-125- U3 . BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-1397 CIVIL EMINENT DOMAIN PROCEEDING IN REM IN RE: MOTION OF CONDEMNEE. JAYDIP INC.. FOR RECONSIDERATION OF ORDER DATED DECEMBER 17.2009. AND/OR REQUEST FOR PERMISSION TO APPEAL PURSUANT TO 43 PA.C.S.A. ~ 702 ORDER AND NOW, this /~ ~ day of March, 2010, following argument thereon, the motion of Jaydip, Inc., for reconsideration of the Order of Court dated December 17, 2009, is GRANTED. The order of this Court dated December 17, 2009, is VACATED. We are satisfied that the payments to condemnees under Section 307 of the Eminent Domain Code are subject to the provisions set forth in Section 521 of the Code with respect to distribution of damages. The Court being in agreement with the condemnees, Jaydip, Inc., and Leeann Corporation that Estimated Just Compensation has not been properly distributed in this case, and that the Redevelopment Authority of the County of Cumberland, in its various filings has sought intervention of the Court with respect to the allocation of such Compensation, we are satisfied that the mechanism provided in 26 Pa.C.S.A. 521(bx 1) has been invoked. Hearing before the Court in accordance with 26 Pa.C.S.A. 5261(b)(3) is herewith set for Thursday, April 15, 2010, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Pending said hearing, the condemnees aze enjoined from dissipating funds paid pursuant to the previous Order of Court. The Authority having agreed that court intervention is necessary to arrive at a proper allocation, the requirement that the condemnor furnish yet another schedule of proposed distribution is dispensed with. The condemnor and condemnee shall immediately notify the Court in the event that there are other persons or entities entitled to notice of the foregoing hearing so that the Court can assure compliance with 26 Pa.C.S.A. 521(b)(2). Following a determination by the Court with respect to the allocation of the Estimated Just Compensation, the matter shall thereafter proceed to a Board of View for the calculation and allocation of total damages. Hubert X. Gilroy, Esquire For Condemnor Christopher Houston, Esquire For Redevelopment Authority Robert Saidis, Esquire For Condemnee Leeann Corporation Mark S. Silver, Esquire For Condemnee Jaydip, Inc. William Duncan, Esquire BY THE COURT, 1N RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125, 32-33-1869-125-U1, 32-33- 1869-125-U2, and 32-33-1869-125- U3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-1397 CIVIL EMINENT DOMAIN PROCEEDING IN REM ORDER AND NOW, this 7 Z~ day of March, 2010, hearing in the above matter set for April 15, 2010, is continued to Tuesday, May 4, 2010, at 10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Cazlisle, PA. Hubert X. Gilroy, Esquire For Condemnor Christopher Houston, Esquire For Redevelopment Authority Robert Saidis, Esquire For Condemnee Leeann Corporation Mark S. Silver, Esquire For Condemnee Jaydip, Inc. William Duncan, Esquire BY THE COURT, P IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869-125, 32-33-1869-12S-Ul, 32-33-1869-123•U2, and 32-33-1869-125-U3, BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA JAYDIP, INC. (UNIT NO. 1), CondernreeelPeth~onerfMovant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 09-1397 CML TERM EMINENT DOMAIN PROCEEDINGS IN REM LEEANN CORPORATION (UNIT N0.2), Condeoanee/Petltfoner/Movant LEEANN CORPORATION (UNIT N0.3), Cor+da»nee/Petltloner/Mova»t ..__ _ _.__~ ______...__ ._ . __ -__ORDER AND NOW, this day of , 2010, upon consideration of the foregoing Motion on Behalf of Condemnor and All Condemnees to Confirm the Overall and Total Settlement of this Eminent Domain Action and to Direct the Distribution of All Funds (Estimated Just Compensation) on Account with the Prothonotary of Cumberland County as well as thc payment by Condemnor of all sums in addition to the Estimated Just Compensation on Deposit required to be paid by it to the Condemnees to conclude such Settlement and to effect all other terms and conditions of this Settlement, it is hereby ORDERED and DECREED as follows: 1. Tenors of Settlement of this eminent domain action as set forth in the accompanying Motion filed jointly by all parties are hereby approved and confirmed. 2. The Prothonotary of Cumberland County is hereby directed to immediateiy return by its check made payable to the "Redevelopment Authority of the County of Cumberland" (Condemnor) all funds on deposit together with all interest that may have accrued thereon since the return by Condemnees of funds it previously distributed which this Court believes to be the sum of 5776,819.95 (53,935.00 returned by Condemnee Jaydip, Inc.; 5772,884.95 returned by ./ Condemnee Leeannn Corporation), together with any and all interest thereon that may have accrued since said funds were returned to the Prothonotary in June and July, 2010, as set forth in the axompanying Motion. 3. Upon the receipt by Condemnor Redevelopment Authority of the County of Cumberland of the aforesaid funds from the Prothonotary, Condemnor shall prompty pay (within flve(5) days of its date of receipt of said funds) to the Condemnees their respective total Settlement Amounts as follows: A. To Condemnee Jaydip, Inc., the sum of 5515,000.00; and B. To Condemnee Leeann Corporation, the sum of 5610,819.95 (which sum, together with the 514,180.05 held by said Condemnee equals its total 5825,000.00 settlement sum). 4. 1'he Condemnor Redevelopment Authority of the County of Cumberland may retain -- Tor Rs awn use and benefit any and aq accrued irrterest on the funds prevbus on b ~s~ with the Prothonotary. Condemnees make no daim to any part of those funds (interest). 5. Within flue (5) days of its receipt of its total Settlement Amount, Condemnee Jaydip, Inc., shall pay through its attorneys to Leeann Condominium Assodation, Inc., its agreed-upon one-third (1/3) share of Leeann Condominium Association, Ines., past incurred expenses, said one-third (1/3) share agreed to be in the amount of 56,938.76. 6. Condemnee Jaydip, Inc., is further directed to pay within five (5) days of its receipt of any biN, statement, or invoice for the same, one-third (1 /3) of future expenses as may be incurred by Leeann Condominium Association, {nc., for attorney or socounttng professional fees, or for insurance premiums, to a maximum total future contribution of 52,500.00. 7. Upon the final payment by Condemnor to Condemnees of afl just compensation due in accordance with the Settlement Agreement as set forth in detail in the accompanying Motion, Condemnees shall file a Praedpe with the Prothonotary of Cumberland County to have the within action marked "Settled, Discontinued and Ended" on the docket. 8. Upon the toll, complete, and timely performance by all parties to this action in acxordance with the provisions contained in the acxompanying Motlon that sets forth the terms of settlement among aM parties, and this Order, the payment of all funds required hereby and the filing of the Praecipe to Bettie and Discontinue, this matter shall be conducted. 9. With the full and final settlement of this action and following the tali and complete r performance by ail parties of their duties, payments and obligations, respectively, as set forth in ~e accompanying Motion and in this Order, and the filing of the Praecipe to Settle and Discontinue thereafter, the Board of View previously appointed by the Court shall be discharged. BY THE C URT: P.J. Distribution: Prothontary of Cumberland County Mark S. Silver, Esquire Robert C. Saidis, Esquire _ _._ ., u~6ei~ :- goy, squ re . .. William A. Duncan, Esquire (Chairman, Board of View} IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869-125, 32-33-1$69-12S-UI, 32-33-1869-12~U2, and 32-33-1869-125-U3, BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA JAYDIP, INC. (UNIT NO. 1), CondeneateJPetltiorrer/MovaKt LEEANN CORPORATION (UNIT N0.2), Condenenc~/Petltforrer/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 09-139? CML TERM ~-, - ~; -.z r~ ~~ --i ~~~ ~ r '''_= . ~ EMINENT DOMAIN PROCEEDINGS ~~-" i - _ = , ~ IN REM . - :: _ ~ : --z ~ ,, ~. , _ . ~ ~ __ -~-. r~ `~ ~~ .~ LEEANN CORPORATION (UNIT N0.3), Condenrnee/PetltioanAllovant TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW, come your Movants, Condemnor Redevelopment Authority of the County of Cumberland, by and through its attorney Hubert X. Gilroy, Esquire, ("Condemnor" or "Authority', Condemnee Jaydip, Inc. (Unit No. 1), by and through its attorney Mark S. Silver, Esquire, ("Condemnoe Jaydip, Inc.', I..eeann Corporation (Unit No. 2; Unit No, 3), by and through its attorney Robert C. Saidis, Esquire, ("Condemnee Leeann Corporation"), and Leeann Condominium Association, Inc., as its interests may appear ("Condemnee Association"), by and through its attorney Robert C. Saidis, Esquire, and file the instant Motion to Confirm Settlement of the Action and to Distribute All Funds on Account with the Prothonotary of Cumberland County, and to pay any and all additional sums necessary tt> effect the overall and total Settlement, as follows: 1. All parties to the instant action including Condemnor Authority and Condemnees Jaydip, Inc. (Unit No. 1), Leeann Corporation ([Jnit No. 2; Unit No. 3), and Leeann Condominium Association, Inc., as its interests may appear, have reached an agreement to fully and finally settle and conclude this eminent domain claim resulting from a Declaration of Taking filed by the Condemnor Authority on March 5, 2009, pursuant to which it acquired ail of the real estate owned in condominium fashion by the named Condemnees situate at 20 Walnut Bottom Road, Borough of Shippensburg, Cumberland County, Pennsylvania. 2. All claims by all Condemnees in the within proceedings are hereby settled for the total sum of One Million One Hundred Forty Thousand and NO/100 (51,140,000.00) Dollars, _. _ ._ herelnafteftetbrenced ~s the "Settlement Amount", the same to be distributed as set forth below in this Motion and in the accompanying Order of Court. The Settlement Amount includes all damages payable under the Eminent Domain Code, 26 Pa. C.S.A. § 101, et seq., as amended. 3. All parties hereto hereby agrce tv the distribution and payment of the Settlement Amount as follows: A. Five Hundred Fifteen Thousand and NO/100 (5515,000.00) Dollars to be paid to Condemnee Jaydip, Inc.; and B. Six Hundred Ten Thousand Eight Hundred Nineteen and 95/l00 (5610,819.95) Dollars to be paid to Condemnee Leeann Corporation, which net amount includes a credit to Condemnor for the sum of 514,180.05, not previously returned by said Condemnee to the Prothonotary of Cumberland County, thus comprising a cumulative total payment to Condemnee Leeann Corporetion in the amount of Six Hundred Twenty Five Thousand and NO/100 (5625,000.00) Dollars. 4. The Settlement Amount is to be paid promptly by the Condemnor to the Condemnees no later than five (5) days fo{lowing the date the Prothonotary of Cumberland County returns to the Condemnor aN funds on deposit with that C+ffice as referenced hereinabove. 5. All parties hereto agree that any and afl interest that may have accrued on aU funds held by the Prothonotary of Cumberland County shalt be returned th the Condemnor and not distributed to any of the Condemnees. 6. The parties hereto agree in osier to expedite all payments required to be made to effect the within Settlement Agreement, that the Prothonotary of Cumberland County should be directed by the Court to return all funds currently on deposit to the Condemnor Redevelopment Authority (which amount should be comprised of $3,935.00 returned to it on or about June 8, 2010, by Condemnee Jaydip, Inc., and $772,884.95 returned to it on or about July 6, 2010, by Cor,demnee Leeann Corporation and/or Leeann Condominium Assocation, Inc.).totaling approx- imately $776,819.95, together with any interest that has accrued Henson since said funds were returned to the Prothonotary as aforesaid. As a result, sums on account with the Prothonotary in excess of $776,819.95 comprise interest earned on such fund and the same shall be returned to the Condemnor Redevelopment Authority together with the $776,819.95, which sum represents the remaining portion of the Condemnor's Estimated Just Compensation on deposit with the Prothonotary. 7. The Settlement Amount includes any and alf delay compensation pursuant to Section 713 of the Eminent Domain Code, 26 Pa. C.S.A. Sec. 713. B. The Settlement Amount includes any and all statutory professional fee reimbursements pursuant to Section 710 of the Eminent Domain Code, 26 Pa.C.S.A.Sec. 710. 9. The Condemnees further agree hereby, and it is to be considered a material part of the within overall claim settlement, that upon payment by Condemnor of all Settlement Amounts required to be paid by Condemnor to ail Condemnees as set forth hereinabove, and within five (5} days thereafter, Condemnoe Jaydip, inc., shall pay by attorney check to Edgar J. Rosenberry the agreed-upon Condominium Association Fees previously paid by Edgar J. Rosenberry in the amount of $6,938.76, the same representing Condemnee Jaydip, Int.'s, agreed-upon one-third (1/3) of Condominium Association Fees incurred to date, relevant and related to the instant matters. Condemnee Jaydip, Inc., further agrees to pay to Leeann Condominium Association, Inc., one-third (1i3) of Condominium Associstion expenses as may be incurred in the future upon presentation of a detailed bill, invoice, or statement for the same and as the same may relate ~ any legal or accounting services or insurance premium, with said total one-third (1/3} exposure not to exceed 32,500.00. Condemnee Jaydip, Inc., agrees to tender its one-third (1!3) payment for any such described fees and/or expenses within five (5) days of the date of presentment to it of any such bill, statement, or invoice for the same, which shall have included thereon a detailed description of the service provided forwhich reimbursement is sought, together with athen- current good address to which such payment should be sent. 10. Upon all payments of the balances due pursuant to this Satdement Agreement and Stipulation, as set forth hereinabove, by Condemnor to Condemnees, the attorneys for the Condemnees shall file with the Court a Praecipe to have the above-captioned action marked "Settled, ~iscondnued, and Ended". The discontinuance of the condemnation action shall not conclude the continuing obligation by Condemnee Jaydip, inc., to make the payments to Condominium Association in accordance with the requirements for the same set forth above in Paragraph 9, which duties continue until such obligations are cocxtuded.____ _.__.,____-._______________.__--------__. __ ____. _~____.._ _._..._._____ _--_.__..._______-_--_-._._--. _ _ _ WHEREFORE, your Movants pray this Honorable Court to enter the accompanying Order of Court to effect the terms and provisions of the final settlement of the within eminent domain action as set forth above. Respectfully Submitted: J PH . KLEIN, P.C. By: Mark S. Silver, Esquire I.D. No. 09825 500 North Third Street, 7'~ Floor P.O. $ox 1152 Harrisburg, PA 1 ? 108-1152 Date: ~ 0 ~ l ~ _ `© (717) 233-0132 Attorneys for Jaydip, Inc., Condemnee/Petitioner/Movant Respectfully Submitted: SAID(S LAW sy: ~ Robert' C. 5a~ is, Esquire 26 west High street Carlisle, PA 17013 Date: ~ O -- , ` - ~ l7 (717) 243-6222 Attorneys for Leeann Corporation and Leeann Condominium Association, Inc., Condemnees/PetitionersfMovant Respectfully Submitted: ON LAW FFICES By: Hubert X. Gilroy, squire I.D. No. 29943 10 East High Street r / Carlisle, PA 17013 Date: ~~''! ~ -- / ~ (717) 243-3341 Attorneys for Condemnor Redevelopment Authority of the County of Cumberland IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869-125, 32-33-1869-125-U1, 32-33-1869-125-U2, sod 32_33.1869-125~U3, BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC., LEEANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA JAYDIP, INC. (UNIT NO.1), Condemnee/Petltloner/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDINGS IN REM LEEANN CORPORATION (UNIT N0.2), CondemneelPetlNoner/Movant LEEANN CORPORATION (UNIT N0.3), Condenueet/PetlttonulMovant CERTIFICATE OF SERVICE I, Ivtark S. Silver, I:acyuire, oc~ o~'tlie attorneys for~ondertinees/Pet<~ianers; d6 Hereby ~~ that an this date 1 served the foregoing MOTION ON BEHALF OF CONDEMNOR AND CONDEMNEES FOR AN ORDER OF COURT TO CONFIRM THE OVERALL SETTLEMENT OF THE ACTION AND DISTRIBUTION OF ALL FUND5 ON ACCOUNT WITH THE PROTHONOTARY OF CUMBERLAND COUNTY, AND FOR THE CONDEMNOR TO PAY ANY AND ALL ADDITIONAL SUMS REQUIRED IN ACCORDANCE WITH THE OVERALL FINAL SETTLEMENT OF ALL CLAIMS AS SET FORTH HEREIN by having pieced a true and corecct campy of the same in the United States Mail, postage prepaid, deposited at Harrisburg, Pennsylvania, addressed to counsel far Condemnor Redevelopment Authority of the County of Cumberland as follows: Hubert X. Gilroy, Esquire Manson Law Offitxs 10 East High Stt~ed Carlisle, PA 17013 Attorney for Condemnor Date: ~ ~ ~ 1 `1\ V espectfiilly Submitted: EP . jCLEIN, P.C. By: Mark S. Silver, Esquire I.D. No. 09825 S00 North Third Street, l'" Floor P.O. Box 1 I52 w Harrisburg, PA 17108-1152 (717) 233-0132 Attorneys for Jaydip, Inc., CondemneelPttitioner ~,~~~,~E~l.,;t-ti~f ~ ~ ;:.1.~.~~l~.~k~ ~rl~1.L.t~lt"viS ~.~!'l'"t'{a ~~rt1,f:C~Y .~ ~~"~;:i.i~.-2 MARTS~N I,AW OFFICES October 1 J, 2C)1 U jirffN it Fow~f.r:R IU t7Ai~EEa. tl. i)EFSN{N+RfI• 'I'u: iasns j. 1}r'4cs.unts* HrnE•:xr X. i`:u.nc±ti~ tiFGR[1L. (3. t'tV1.i.N jit.' SrrFl J' Aitsl.trt.'i K-.trn 1. ~L~t~eE.c i !t' F',,:+i Ffiiai SrNfsi'r t' wfu. ,i.r~., t'r.~h4vf v~uf t 1 'u13 I'f.•.ri'EUi~:f (~i?},!43-.1i4i [I~'ItRht;'Y wulv~.iiartu-,nla";.c~nn Kcrbert C'. tiaiciis, Lsyuire ;~2JIllt5 5U{IIV.irl Wit) 14'u5t lligl- Strc;ct ~JJI,~RI, 1~MR1'll'IFV (.f Vii )N3A' S.'hC.InLill Mark S. Silver. Esquire P.O. 13ux 115? Harrisburg. PA i 71 U8-! 152 Kl.: C'utnberland County Redevelopmctit t~utlwrity rJayU:p Cc)nJe-tJnation [)o4t.et Iho. Zt)f19-1397 (ku !'ile ~125U2.2 Or~ar -3c,b ~1d 1,larlc: CutxSi;;t~Jtt 11'ith the t)rcicr aI' Cout-l dated C)r:tUber l 3, 2t)1 U. enclosed in '~~[ark' letter is a ~k-Lck ntadc 1)a~abi~ to .lay~dip, lnc. in the amount c~ t'$S 15,UU4.i)0 and crtc;leJSCd in 13vb's letter is :~ ~:l)eck maf.l~ pctyahlc tc~ LLeann Cw~}oration iti the amc)unt ol~'};f~ { (),K 19.')5. I l~e{irve .his rt~atte:r is now concluded. Please life the diswntinttance as per patagrzJplt 7 ul~ the. t.trclcr. !t ~1•us a {~Icasure wurkinl; with ycJU Lind I am glad that 1ve were able; to reach an attu~al,i~ rc ~~f{utiuu. eery tru{}~ ~ ours. ~4AKTSt~ L:~U4 UFFICLS l lu ~ ~! (;ilroy~ I1.`C(; ;r~i ~_~ t'ltrisicft)I,~r t'. I Inustun. I'scluirc ttiia lucsimi{e 1717) <49-.~t)71 f b~ ilham .\. I )irnca-i, l~ti~luire, C'hairmaJr [;uarJ ut' 1''ie~ti (~ is la~:~iJiyil~: (717t ~-t9-?.it~1-) i ~ r u is ~t :~ r i f- tv V<)~::1C'Y Rf pnnPS ?? ? l ? u 2 IN RE: CONDEMNATION BY THE REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND OF THE PREMISES KNOWN AS TAX PARCEL NUMBERS 32-33-1869- 125,32-33-1869-125-U-1 32-33-1869-125-U2, AND 32-33-1869- 125-U-3 BEING THE PROPERTY OF LEEANN CONDOMINIUM ASSOCIATION, INC. LEE-ANN CORPORATION, AND JAYDIP, INC., IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA ?'TH&COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1397 CIVIL TERM EMINENT DOMAIN PROCEEDING IN REM ORDER OF COURT AND NOW, this 3?` day of ?)a? , 20 , after consideration of the attached Report of Viewers, the Board of View is hereby vacated and the Bill of Costs attached to its Report is ordered to be paid. 1 o? r 14495411102010 PYS405 Distribution Cumberland County Prothonotary' s Office 1" /. Pa e 1 Manual Release Check Register 11/1/2010 Case No Accounting Escrow Tran Date Amount Date Release --------------------------•----------------------------------------------------- 3986 REDEVELOPMENT AUTHORITY OF CC Check Date: 11/10/2010 Check No.:9000043 BOND 2010- 09999 PYMT/CHECK 772884.95 7/22/2010 BOND 2010- 09999 PYMT/CASH 3935.00 7/23/2010 INTEREST 2010- 09999 PYMT/CASH 740.70 8/31/2010 INTEREST 2010- 09999 PYMT/CASH 1078.41 9/27/2010 INTEREST 2010- 09999 PYMT/CASH 1012.42 10/26/2010 INTEREST 2010- 09999 PYMT/CASH 400.61 11/10/2C10 Payee total: 780052.09 ------------ -------- -------- ------------------ Grand total: -------------- 780,052.09 -------------------- Ln M zit 0 w O ru ru Ll'0 Q ?+ m ?a ox o o0 4A N z CA -4 C Q w m CA) F-L i 12490310142010 PYS380 Costs & Fees Tran Payee Name - Re! Date Desc PROTHONOTARY'S OFFICE BOND 7/23/2010 PYMT/CASH Cumberland County Prothonotary's Office+ Check Register Receipt Case Trans Check Check No No Amount Date No 245724 09-01397 3,935.00 10/14/2010 1994 Total Amount Released Page: 1 Check Amount 3,935.00 ** 3,935.00 ----------------------------------- End of Listing ----------------- - --------------------------------------------------