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HomeMy WebLinkAbout01-6854WEST SHORE FINE PROPERTIES, a : Pennsylvania general: partnership, : Plaintiff : V. : MASS CONSTRUCTION GROUP : INCORPORATED, : Defendant : IN THE COURT OF COMMON ] CUMBERLAND COUNTY, PENNi CIVIL ACTION - LAW NO. WAIVER OF LIENS WHEREAS, by Agreement dated November ~'~', 2001, Wes Fine Properties ("Owner/Borrower.) contracted wit~ Construction Group Incorporated ("Contractor") for we services relating to the construction and construction supE of a project upon the real estate described on Exhibit "A" hereto and made a part hereof; and WHEREAS, the project is to consist of the constructi office building on property in Upper Allen Township, Cun County, Pennsylvania, described on Exhibit "A" attached more fully detailed in the construction contract described and WHEREAS, PNC Bank, National Association has agreed to [ advance One Million One Hundred Thousand Dollars ($1,100,00( Owner/Borrower to finance such construction in considerat among other things, the execution of this Waiver. NOW, THEREFORE, Contractor, INTENDING TO BE LEGALL' HEREBY, and before any authority has been given to ti Contractor by Owner/Borrower or any other person to comm, work on the said Project or to purchase materials theref. hereby, for Contractor and for any and all subcont materialmen, employees and parties acting or claiming for, or under Contractor, covenant and agree with Owner/Borro PNC Bank, National Association that no mechanics' liens or shall be filed or maintained against the above-describ~ estate, or the building or improvements to be erected there or on account of any work done or materials furnished und agreement or under any supplemental contract, verbal or writ contract for extra work in or about the erection, construct completion of said project, or otherwise; and Contract( ~LEAS :YLVANIA t Shore Mass ,rk and rvision ttached n of an berland hereto, above; .end and ~.00) to ion of, ~ BOUND ~e said nce any r, does actors, through ~er and claims ~d real on, for er said ten, or ion and ~r, for Contractor and any and all subcontractors, materialmen, eT and parties acting or claiming through or under Contractor expressly waives and relinquishes the right to have, maintain any mechanics' liens or claims against said real e buildings or improvements. This agreement waiving the right of lien shall independent covenant and shall operate and be effective with respect to work done and materials furnished un supplemental contract for extra work in the erection, constz supervision and completion of the said project as to any labor done and materials furnished under said agreement. In order to give Owner/Borrower and PNC Bank, Association full power and authority to protect the s~ estate and buildings or any of them against any and all me~ liens or claims filed by Contractor or anyone acting or for, through or under Contractor or in violation of this Contractor, for itself and all such aforesaid subcont] materialmen, employees and parties acting or claiming for, or under Contractor, hereby irrevocably authorizes and empo' attorney of any Court of Common Pleas of the Common~e Pennsylvania, or any attorney of any other court or jurl~ there or elsewhere, to appear in any said courts or juris( for Contractor and mark satisfied of record, at the c expense of Contractor, or any such subcontractor, mate] employee or party, any and all claim or claims, lien or lie~ by or for Contractor or in its or their name against the estate, buildings; a copy of this Agreement, and a referenc court, term and number or place in which this agreement an~ shall have been filed shall be sufficient exhibit of the herein contained to warrant such action; and Contractor, and all such parties, does hereby remise, release and q~ unto Owner/Borrower and PNC Bank, National Association, and each of their certain attorney or attorneys, any and all of errors, defects and imperfections whatsoever in enterJ satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to k with the Prothonotary of the Court of Common Pleas of Cur County, Pennsylvania, or other proper place in which the described lands are located. It is expressly understood that the foregoing waiver of the provisions and remedies herein contained shall be a% to and for the protection of PNC Bank, National Asso¢ mortgagee of said premises, its successors or assigns. In the event Contractor consists of more than one pers~ or corporation, the undertakings hereunder of each of such firms or corporations shall be joint and several, and "Contractor" shall mean all or some or any of them. purposes of this agreement and waiver, the singular shall bt ~ployees hereby file or ~tate or be an as well ~er any ~uction, ;ork and [ational id real ~hanics' ~laiming ~eement, ~actors, through ~ers any alth of ~diction [ictions ~st and ~ialman, ~s filed ~id real to the waiver zhority ? itself [itclaim ~d their . manner ng such e filed ~berland above- and all 'ailable liation, )n, firm ~ersons, he word For the deemed to include the plural, and the neuter shall be deemed to the masculine and feminine, as the context may require. IN WITNESS WHEREOF these presents this ~ WITNESS: Contractor ~s hereunto signed an( __ day of ~/~ , 2001. WEST SHORE FINE PROPERT Pennsylvania general partne] William M. Gladstone General Partner CONTRACTOR: include sealed ZES, a 'ship [PORATED AL1. T~I~ ~gR.TAIN ~c~ m~,.! ~flndsjmio ~ UpprAljen l'ow.~ip. ~,, (~Junt¥, Common~ otrPCl~tylvanhs .m~ro pm~arly bouudod md dsm~'bed m BF, GIANIPlO at ~hc Northm:st cmnw o~mid t~t 2D, s~kt r~rom*alM bring the POI d' l~uh.tlmd rOllOWO, ~ -'lC ALL THAT CERTAIN tract or parcel of land situate in Uppe Township, Cumberland County, Pennsylvania, being identif Lot 2D of the "Cumberland Business Park Subdivision Plan recorded in the Plan Book 76 at page 132 (the "Plan"), o public records of Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as to wit: BEGINNING at the Northwest corner of said Lot 2D, said c also being the POINT OF BEGINNING of this description; t North 82 degrees 53 minutes 00 seconds East, along the S right-of-way of Cumberland Parkway, a distance of 40.40 thence continuing along the Southerly right-of-way of Cu Parkway on a circular curve to the right, having a radiu 970.00 feet, a distance of 165.47 feet; thence South 02 39 minutes 26 seconds West a distance of 225.12 feet; th North 86 degrees 04 minutes 48 seconds West a distance o feet; thence North 07 degrees 07 minutes 00 seconds West distance of 203.40 feet to the place of BEGINNING. Allen ied as as the follows, Drner Hence ~utherly feet; ~berland ~ of ~egrees ~nce fal70.O0