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Home My WebLink About09-8521 WAIVER OF LIENS - CONTRACTOR KNOW ALL MEN BY THESE PRESENTS, That contemporaneously with the execution hereof, an agreement has been entered into between HISTORIC IROQUOIS HOTEL SENIOR APARTMENTS, LP, a Pennsylvania limited partnership, with a principal place of business at 114 North Hanover Street, Carlisle, PA 17013 ("Owner"), AND TUCKEY RESTORATION, INC., a Pennsylvania corporation, with a principal place of business at 12 Stover Drive, Carlisle, PA 17013, ("Contractor") relating to the construction and/or rehabilitation of a housing project upon the real estate located at 202-204 Third Street, New Cumberland, Cumberland County, Pennsylvania, and described in Exhibit A, attached hereto and made a part hereof (the "Agreement"); and, WHEREAS, PENNSYLVANIA HOUSING FINANCE AGENCY has agreed to lend and advance certain funds to Owner to finance such rehabilitation of the housing project in consideration of the execution of this Waiver. NOW, THEREFORE, intending to be legally bound hereby, at the time of and immediately before the execution of the Agreement, and before any authority has been given by Owner to Contractor to commence work on said housing project, for and in consideration of the making of the Agreement with Owner, Contractor does hereby, for Contractor and any and all subcontractors, material suppliers and parties acting or claiming for, through or under Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, covenant and agree with Owner and PENNSYLVANIA HOUSING FINANCE AGENCY that no mechanics' liens or claims shall be filed or maintained by Contractor, or any of them, against the real estate described in Exhibit A attached hereto, or the buildings thereon, for or on account of any work done or materials furnished under the Agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the rehabilitation and/or construction and completion of the housing project, or otherwise; and Contractor, for Contractor and any and all subcontractors, material suppliers and parties acting or claiming through or under Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against the real estate or buildings. Waiver of Liens/Contractor/TCAP Page 1 of 3 August, 2009 This Waiver waiving the right of lien shall be in an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the rehabilitation and/or construction and completion of the housing project as to any work and labor done and materials furnished under the Agreement. In order to give Owner and PENNSYLVANIA HOUSING FINANCE AGENCY full power and authority to protect the real estate and buildings against any and all mechanics' liens or claims filed by Contractor or anyone acting or claiming for, through or under Contractor or in violation of the Agreement or this Waiver, Contractor, for itself and all subcontractors, material suppliers and parties acting or claiming for, through or under Contractor, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any court or jurisdiction there or elsewhere, to appear in any court or jurisdiction for Contractor, and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, material suppliers or party including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, any and all claim or claims, lien or liens filed by or for Contractor, in its or their name against the real estate, buildings, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court, term and number or place in which the Agreement and this Waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quit-claim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each of their attorneys any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. The Agreement and this Waiver are made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County or other proper place in which the above-described lands are located. It is expressly understood that this Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of PENNSYLVANIA HOUSING FINANCE AGENCY and Owner of said premises. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For the purposes of the Agreement and this Waiver, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. Waiver of Liens/Contractor/TCAP Page 2 of 3 August, 2009 IN WITNESS WHEREOF, Contractor with intent to be legally bound hereby, has hereunto signed and sealed these presents this 9`h day of December, 2009. WITNESS (ATTEST) TUCKEY RESTORATION, INC., a Pennsylvania corp ation By: _ Ken h L. Tuckey COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this, the 91h day of December, 2009, before me, the undersigned officer, personally appeared Kenneth L. Tuckey, who being sworn according to law, deposes and states that he is President of Tuckey Restoration, Inc., a Pennsylvania corporation, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he, being authorized to do so, executed the same for the purpose therein contained, and desires the same to be recorded as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. //Notary Public (SEAL) v?vl_N? 1 rl UI- 11tjN,,0 i Notarial Seal Anpe Johnson, Notary pLbic City Of Harrisburg, Dauphin County - Commission Expires June 14, n., AAernber. Pennsvlvan;a A-0ciation of ?!n+ Waiver of Liens/Contractor/TCAP Page 3 of 3 August, 2009 ALL THAT certain parcel of land situated in the Borough of New Cumberland, Cumberland. County, Pennsylvania, being known as 202-204 Third Street as depicted on the plan titled Final Minor Land Development Plan for CCHA-New Cumberland, prepared by Fischbach Morgan & Associates, LLC, recorded January 30, 2008 at Instrument Number 200802969 and being more fully described as follows: BEGINNING at a Steel Pin Set at the Southern intersection of the Market Street Right-of-Way and the Third Street Right-of-Way, thence along the Southern Right-of-Way of Market Street South 44 Degrees, 39 Minutes, 00 Seconds East a distance of 38.04 feet to edge of building, thence along the building encroachment the following courses and distances: North 42 Degrees, 14 Minutes, 10 Seconds East a distance of 4.48 feet to corner of building, South 47 Degrees, 45 Minutes, 50 Seconds East a distance of 24.04 feet to corner of building, South 42 Degrees, 14 Minutes, 10 West a distance of 4.62 feet to the Southern Right-of-Way of Market Street, thence along the Southern Right-of-Way of Market Street South 44 Degrees, 39 Minutes, 00 Seconds East a distance of 37.92 feet, thence along the lands now or formerly of Donald L. Thomas South 45 Degrees, 20 Minutes, 00 Seconds West a distance of 54.80 feet to a Steel Pin Set, thence along the lands now or formerly of Jacob's Ladder Christian North 44 Degrees, 39 Minutes, 00 Seconds West a distance of 99.70 feet to a Mag Nail Set_on the Southern Right-of-Way of Third Street, thence along the Southern Right-of-Way of Third Street, North 45 Degrees, 01 Minutes, 20 Seconds East a distance of 54.80 feet to a Steel Pin Set, the place of BEGINNING. CONTAINING 5,577.05 Square Feet, 0.128 Acres. BEING the parcel of land which Thomas H. McCullough, II and Debra S. McCullough, husband and wife, by Deed dated December 21, 2006 and recorded December 28, 2006 in the Office of the Recorder of Deed in and for Cumberland County, Pennsylvania, in Deed Book 278, Page 847, granted and conveyed unto Hometown Development Corporation. AND INCLUDING a portion of land which the Borough of New Cumberland, by Quit Claim Deed dated November 18, 2009 and recorded November 25, 2009 in the Office of the Recorder of Deed in and for Cumberland County, Pennsylvania at Instrument No. 200939548, released and relinquished any interest in. OF ??P TW 2009 DEC -9 PM 3: 37 C P _ r, Nrr, PENNSYLVANIA p A Z 3 y78'5-