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10-3313
PROTHONOTARY: INDEX AGAINST ALL PARTIES AS c?
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PLAINTIFF AND AGAINST ALL PARTIES AS DEFENDANT cZZ,
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WAIVER OF LIENS
WITNESSETH:
THIS INSTRUMENT, executed this 8th day of April, 2010, by and betwn
Rettew, having an address of 3020 Columbia Avenue, Lancaster PA 17603 (hereinAer
"Contractor") in favor of BUMBLE BEE HOLLOW LLC, a Pennsylvania limited
partnership with an address of 225 North Presidential Boulevard, Bala Cynwyd,
Pennsylvania 19004 (hereinafter "Owner").
A. Contractor has entered into a written contract with Richmar
Builders, Inc., Owner's General Contractor, for the construction and installation of
certain site improvements on that certain premises known as Bumble Bee Hollow, as
described in Exhibit "A" (the "Real Estate") (such site improvements, and other
improvements related thereto being hereinafter referred to as the "Improvements"); and
B. It is the intention of Owner and Contractor that neither said Real
Estate, nor any subdivided portion thereof nor the Improvements erected or to be erected
thereon or installed therein shall be subject to a lien for debts due by Owner to Contractor
or by Contractor to any subcontractor for labor or materials furnished in the said
construction or installation, and that the right of anyone to claim any such lien be waived
hereby.
NOW THIS AGREEMENT WITNESSETH: That Contractor, for and in
consideration of the contract aforesaid and the consideration mentioned thereunder, as
well as the further consideration of One ($1.00) Dollar to him paid by the Owner at or
before the sealing and delivery of these presents, the receipt of which is hereby
acknowledged, and intending to be legally bound hereby, does hereby covenant, promise
and agree, for Contractor and any and all subcontractors, materialmen, laborers and
parties acting for, through or under Contractor, that no mechanics' lien or claim or other
lien or claim of any kind whatsoever shall be filed or maintained against the Real Estate,
the Improvements or against any building or buildings, other improvements, lot of ground
or any part thereof, or the cartilage or cartilages appurtenant thereto, by anyone, and that
all subcontractors, materialmen and laborers shall look to and hold Contractor personally
liable for all subcontracts, materials furnished and work and labor done.
Contractor hereby covenants, promises and agrees that all subcontractors, material
suppliers, and laborers on the work shall look to and hold Contractor personally liable for
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all subcontracts, materials furnished and work and labor done, so that there shall not be
any legal or lawful claim of any kind whatsoever against Owner, or any other person with
an estate (including a leasehold estate) in the above-described property, for any work
done or labor or materials furnished under the Contract or otherwise.
AND this Agreement, waiving the right of lien by anyone, shall be an
independent covenant and shall operate and be effective with respect to work done and
materials furnished under any supplemental contract for extra work in the construction
and installation of the Improvements or any other improvements in the building as well as
to any work and labor done and materials furnished under the contract aforesaid.
In order to give Owner and any person having an estate in the Real Estate
(including a leasehold estate), full power and authority to protect itself and themselves,
the Real Estate, the buildings or the Improvements to be erected and constructed thereon,
and the cartilages appurtenant thereto, against any and all liens or claims filed by the
Contractor or anyone acting under or through it in violation of the foregoing covenant by
Contractor, the Contractor hereby irrevocably authorizes and empowers any attorney of
any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as
attorney for it, them, or any of them, in any such Court, and in its or their name or names,
(a) to the extent permitted by law, to mark satisfied of record at the cost and expense of
Contractor or of any subcontractor, laborer or material supplier, any and all claims or
liens filed in violation of the foregoing waiver and covenant, or (b) to cause to be filed
and served in connection with such claims or liens (in the name of Contractor or any
subcontractor, laborer or material supplier, or anyone else acting under or through it) any
pleading or instrument, or any amendment to any pleading or instrument previously filed
by it or them, to incorporate therein, as part of the record the waiver contained in the
instrument, and for such act or acts this instrument shall be good and sufficient warrant
and authority, and reference to the court, term and number in which and where this
Waiver of Liens shall have been files shall be a sufficient exhibit of the authority herein
contained to warrant such action, and the Contractor for itself and or them does hereby
remise, release and quit-claim all rights and all manner of errors, defects and
imperfections whatsoever in entering such satisfaction or in filing such pleading,
instrument or amendment, or in any way concerning them. This power may be exercised
from time to time as often as shall be deemed necessary.
This agreement and Waiver of Liens is made and intended to be filed with the
Prothonotary of the Court of Common Pleas of the County of Dauphin, Commonwealth
of Pennsylvania, or other proper place in which the above-described lands are located,
within ten days after the date hereof in accordance with the requirements of law in such
case provided.
IN WITNESS WHEREOF, Contractor has executed this Agreement the day and
year above first written.
COMMONWEALTH OF PENNSYLVANIA :
ss
COUNTY OF e UWl64arld
aolo
On this, the R3*J day of 2669, before me, the undersigned officer,
personally a peared , 1^l el 16 ,who acknowledged himself to be the
?K'? of C lac s ?Nc- and that he, being
authorized to do so, executed the within instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH F PENNSYLVANIA
Notarallgal N TARY PUBLIC 6( q
Francine A. Groff, Notary Public
Lower Allen Twp., Cumberland County
My Commission Expires Oct. 19, 2012 MY COMMISSION EXPIRES: 1,01 12--
Member, Pennsylvania Association of Notaries
LEGAL DESCRIPTION
FOR
BUMBLE BEE HOLLOW
ALL THAT CERTAIN tract of land situate in the Township of Upper
Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly
bounded and described as follows, to wit:
BEGINNING at a point at the intersection of the Eastern right-of-way line of
Rider Lane and the Southern right-of-way line of U.S. Route 15, THENCE by the
Southern right-of-way line of U.S. Route 15, North 41 degrees 07 minutes 57 seconds
East, a distance of 404.54 feet to a point; THENCE by same, North 37 degrees 39
minutes 40 seconds East, a distance of 327.61 feet to a point; THENCE by same, North
40 degrees 50 minutes 30 seconds East, a distance of 282.29 feet to a point; THENCE by
same, North 34 degrees 31 minutes 11 seconds East, a distance of 200.56 feet to a point;
THENCE by same, South 30 degrees 45 minutes 45 seconds West, a distance of 202.53
feet to a point; THENCE by same, North 51 degrees 14 minutes 15 seconds East, a
distance of 155.14 feet to a point; THENCE by same, North 44 degrees 22 minutes 41
seconds East, a distance of 203.59 feet to a point; THENCE by same, North 36 degrees
26 minutes, 59 seconds East, a distance of 151.70 feet to a point; THENCE by same,
North 32 degrees 59 minutes 37 seconds East, a distance of 101.24 feet to a point;
THENCE by same, North 16 degrees 12 minutes 03 seconds East, a distance of 106.83
feet to a point; THENCE by same, North 37 degrees 18 minutes, 39 seconds East, a
distance of 259.36 feet to a point; THENCE South 35 degrees 04 minutes 30 seconds
East, a distance of 94.07 feet to a point; THENCE North 52 degrees 09 minutes 52
seconds East, a distance of 45.00 feet to a point on the westerly right-of-way line of Old
Hollow Road; THENCE by same, by a curve to the left having a radius of 741.20 feet, an
are distance of 132.24 feet to a point; THENCE by same, South 48 degrees 03 minutes
28 seconds East, a distance of 66.31 feet to a point; THENCE by same, North 56 degrees
35 minutes 52 seconds East, a distance of 1.32 feet to a point; THENCE by same South
48 degrees 03 minutes 28 seconds East, a distance of 141.56 feet to a steel re-bar (set);
THENCE by same, by a curve to the right having a radius of 343.27 feet, an arc distance
of 164.55 feet to a point; THENCE by same, South 20 degrees 35 minutes 30 seconds
East, a distance of 130.00 feet to a point; THENCE by same, South 20 degrees 35
minutes 30 seconds East, a distance of 219.80 feet to a point; THENCE by same by a
curve to the left having a radius of 180.00 feet, an arc length of 107.49 feet to a point;
THENCE South 20 degrees 28 minutes 15 seconds East, a distance of 63.84 feet to a
point; THENCE South 27 degrees 24 minutes 58 seconds East, a distance of 178.18 feet
to a point in Bumble Bee Hollow Road; THENCE through Bumble Bee Hollow Road
and by lands now or late of Loring L. Thomas, South 02 degrees 35 minutes 59 seconds
East, a distance of 524.61 feet to a steel re-bar (set); THENCE by lands of Loring L.
Thomas and Grantham Heights, South 39 degrees 17 minutes 22 seconds West, a distance
of 873.66 feet to a steel re-bar (found); THENCE by land of Grantham Heights, South 89
degrees 59 minutes 47 seconds West, a distance of 398.80 feet to an angle iron (found);
THENCE by same, North 58 degrees 57 minutes 25 seconds West, a distance of 748.13
feet to a point; THENCE South 85 degrees 07 minutes 00 seconds West, a distance of
498.35 feet to a point on the eastern right-of-way line of Rider Lane; THENCE by same,
North 41 degrees 06 minutes 29 seconds West, a distance of 52.25 feet to a point;
THENCE North 35 degrees 16 minutes 57 seconds West, a distance of 163.35 feet to a
point, the place of BEGINNING.
THE ABOVE-DESCRIBED PREMISES BEING composed of property
conveyed by (1) Bumble Bee Hollow Road Partnership to Klipsen Enterprises, Inc. dated
December 14, 1989 and recorded in Cumberland County Deed Book I, Volume 34, Page
1135 (Tax Parcel 42-11-0276-008); (2) property conveyed by George T. Mummau and
Beth A. Mummau, his wife, to Klipsen Enterprises, Inc. by virtue of a Deed dated
December 11, 1992 and recorded in Cumberland County Deed Book A, Volume 36, Page
926 (Tax Parcel 42-11-0276-040); (3) property conveyed by Deborah Eckstein Ralph
formerly known as Deborah M. Long and David E. Ralph to West Shore Golf, Inc. by
virtue of a Deed dated July 21, 2000 and recorded in Cumberland County Deed Book
225, Page 890 (Tax Parcel 42-11-0276-008B); and (4) property conveyed by Patricia D.
Shelton, formerly Patricia D. Eckstein, and John W. Shelton to Bumble Bee Hollow
Sports, Inc. dated April 29, 1988 and recorded in Cumberland County Deed Book 176,
Page 968 (Tax Parcel 42-I1-0276-007).
Klipsen Enterprises, Inc. and Bumble Bee Hollow Sports, Inc. were merged into
Bumble Bee Hollow Golf, Inc. by Articles of Merger filed with the Pennsylvania
Department of State on May 4, 2001.
SUBCONTRACT AGREEMENT
DATE April 8, 2010 ORDER NO. BBS-18
SUBCONTRACTOR NAME/ADDRESS: Rettew, 3020 Columbia Avenue, Lancaster PA 17603
Phone (717) 394-3721 Fax (717) 394-1063
CONTRACTOR NAME/ADDRESS: Richmar Builders, Inc., 616OG Springford Drive,
Harrisburg PA 17111
Phone (717) 657-0840 Fax (717) 657-1219
Contract Price As per unit cost
Project Bumble Bee Hollow -Single Family
Completion Time
THIS AGREEMENT made at the office designated above of the above named Contractor on the date indicated above,
between the above-named Contractor (hereinafter referred to as "Contractor') and the above-named Subcontractor
(hereinafter referred to as "'Subcontractor").
WHEREAS, the above named Contractor is obligated to construct certain improvements in respect to the above-named
project, as set forth in a certain Contract (which is hereinafter referred to as the "Main Contract") with the owner of said
project (which together with any successors is hereinafter referred to as "Owner"). These improvements are hereinafter
referred to as "Project".
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and with intent to be
legally bound, Contractor and Subcontractor agree as follows:
A. In consideration of the total contract price to be paid by Contractor to Subcontractor, Subcontractor agrees to furnish
all materials and equipment for, and labor required to perform, all of the work on project as specified in the attached
schedule marked Schedule "A", and hereby made a part of hereof, being a part of the work described in the Main
Contract referred to above.
B. Omitted by agreement.
C. Subcontractor shall begin work immediately upon notification by Contractor to do so and complete its job within the
time indicated above or as otherwise set forth in this contract.
D. This contract shall become effective when a copy thereof, signed by or on behalf of Subcontractor, has been returned
to Contractor within five (5) days of the date hereof. Time is of the essence of this contract. This contract is subject to
approval of Contractor.
E. Subject to the terms and conditions of this contract, Contractor agrees to pay to Subcontractor for the performance of
its work hereunder the contract price set forth above, subject to additions and deductions, if any, as provided for herein
and also as may be agreed upon in writing between the parties as shown in Schedule "A".
F. This contract is made subject to the following covenants, terms and conditions:
1. The material to be supplied and the work to be performed hereunder, is to be supplied and performed under the
direction of Contractor. Contractor's decision as to the true construction and meaning of the Main Contract shall be
final. The term "work" as used herein shall refer to the performance of work and supply of materials as herein provided
for.
2. The Subcontractor shall perform all of the work in accordance with the Main Contract, drawings, plans, specifications,
conditions and other relevant documents and all amendments, supplements, revisions and modifications to each of
them and to meet the approval and satisfaction of the Contractor and all authorities involved. Subcontractor
acknowledges that he has been afforded an opportunity to examine the Main Contract and has received copies of
specifications, plans, drawings and conditions relating to the work to be performed hereunder and represents that he is
fully familiar with the requirements thereof.
3. No alterations shall be made in the work except upon written order of Contractor, and the amount to be paid by
Contractor, or allowed by Subcontractor, by virtue of such alterations, must be stated in said order. Contractor shall not
be obligated to pay any amount other than the contract price specified herein for any work done by Subcontractor
unless such work is done pursuant to such written order of Contractor. If Subcontractor shall proceed to do any work
under a change order which shall set forth the amount to be added or deducted or the terms of payment it shall be
conclusively presumed that Subcontractor has agreed to such sum or terms. Should the parties be unable to agree upon
the sum to be added or omitted, the Subcontractor shall proceed only upon a written change order of Contractor from
which the statement of such sum to be added or deducted from the contract price shall be omitted. In such event the
amount of any addition or deduction in respect of the change shall be determined on the basis of applicable unit prices
as set forth in Schedule A, if such unit prices are set forth therein. If such unit prices are not indicated in Schedule A, the
amount to be added or deducted shall be equal to the actual cost in money to Subcontractor of materials and labor
(including Workmen's Compensation Insurance and Social Security taxes and any applicable fringe benefits) required,
plus actual cost of rental of any equipment used therefore at the site of the work other than tools and plus a fee of ten
percent (10%) of such actual cost to cover all other cost items including but not limited to profit, office and field
supervision, overhead, administrative expenses and use of tools.
4. Subcontractor shall provide all labor, materials, and equipment necessary to do its work in accordance with this
contract including everything necessary and requisite to finish properly its entire work, notwithstanding that every item
may not be specifically mentioned in this Contract. All work when finished shall be delivered in a complete and
undamaged state. Subcontractor shall supply all equipment, supplies and materials which it has undertaken to supply
promptly and proceed diligently and with dispatch to complete its works without delay in such manner and with such
force of skilled and experienced workmen and mechanics as shall be satisfactory to Contractor. Subcontractor shall not
delay or retard the progress of the project and shall at all times maintain a rate of progress consistent with that of the
other trades as established by Contractor. In addition, Subcontractor agrees to complete the several portions and the
whole of the work in accordance with the progress schedule which shall be established by Contractor as the same may
be revised from time to time by Contractor. The posting of such schedule or revisions thereof at Contractor's j oh shed
or trailer shall be sufficient notice thereof to Subcontractor. The inclusion of any such schedule or any revisions or any
portion of either in the minutes of any j oh meeting shall also constitute sufficient notice thereof to Subcontractor. The
reasonableness of all such progress schedules or revisions thereof shall be conclusively presumed as against
Subcontractor unless Subcontractor shall within ninety-six (96) hours of notice thereof file a formal protest thereto in
writing with Contractor. Such protest shall be effective only if it sets forth in detail the reasons Subcontractor considers
such schedule unreasonable and proposes a reasonable schedule for the work of Subcontractor. Should Subcontractor in
any way cause delay to the progress of the work so as to cause any loss to Contractor or Owner, Subcontractor shall be
liable to Contractor or Owner for such loss.
5. Subcontractor shall employ and shall cause its own subcontractors to employ only such labor and use and install only
such supplies, materials and equipment as in the sole opinion of Contractor will not delay or interfere with the speedy
progress of the work and will be acceptable to and work in harmony with labor of other trades working at the site so
that the work will not be interrupted by labor disputes. If at any time during the progress of the work it appears to
Contractor in its sole opinion that the labor being employed by Subcontractor is interfering with the speedy progress of
the work, Subcontractor will immediately upon being notified by Contractor to do so employ such new labor as is
satisfactory to Contractor. Subcontractor agrees to proceed with its work without interruption regardless of any trade
affiliations or the lack of same on the part of any other workmen on the building project and pay not less than the
prevailing rate of wages.
6. Omitted by agreement.
7. Subcontractor shall, as its own expense, promptly clean up and remove all rubbish and debris and waste of any nature
resulting from it. Should Subcontractor fail to do so, the Contractor may do so and charge the Subcontractor with the
cost thereof. Rubbish and debris shall be deposited in containers provided by the Contractor and/or in areas on site
designated by the Contractor.
8. Subcontractor shall not be entitled to extra payment on account of delay or damage claimed to have been caused by
Owner, Contractor or any other subcontractor employed upon the Project.
9. In performing the services required by this Subcontract Agreement, Subcontractor shall use that degree of usual and
customary professional skill and care ordinarily exercised by members of its profession under similar circumstances
practicing in the same or similar locality. The standard of care shall exclusively be judged as of the time the services are
rendered and not according to later standards. Subcontractor makes no express or implied warranties. Contractor
agrees that Subcontractor does not owe any fiduciary responsibility to Contractor and that any and all warranties
implied in; law including those of merchantability and fitness of any of the services for their intended purpose are
waived.
10. The dimensions given on the plans, drawings and specifications must be verified by Subcontractor who shall take and
be ultimately responsible for all such measurements and dimensions as will insure the proper matching of the work
covered by this contract with all contiguous work. Should the proper and accurate performance of Subcontractor's Work
depend upon the proper and accurate performance of work of Contractor or of any other person or persons,
Subcontractor shall use all necessary means to discover any defects in such other work and shall report all such defects
in writing to Contractor before proceeding with its Work and shall allow the one responsible a reasonable time to cause
such defects to be remedied.
11. Contractor shall not be responsible for the safety of Subcontractor's materials, supplies or tools.
12. Omitted by agreement.
13. Subcontractor agrees to comply with all laws, rules, ordinances and other requirements of any governmental
authority now in force or hereafter adopted, wherever the same applies to material or equipment to be furnished or
work to be done by Subcontractor hereunder. Subcontractor also agrees to give proper governmental authorities all
requisite notices relating to its work. Subcontractor shall obtain at its own cost and expense any and all inspections,
approvals, permits, licenses, bonds, etc., with the exception of building, plumbing and sewer permits, required in the
performance of its work, unless specified otherwise in Schedule "A". Subcontractor shall indemnify, protect and hold
harmless Contractor and all persons to whom Contractor may be responsible from and against all orders, restraints,
penalties, directives, fines, etc. relating to its work.
14. Subcontractor agrees to indemnify, protect and hold harmless Contractor, its directors, officers, agents and/or
employees from and against any expense, claim, liability, damage, cost, , reasonable legal fees and disbursement to
which they or any of them may be put on account of any claim (including litigation for infringement or alleged
infringement of any letters patent, patent rights, trademark or copyright) to the extent caused by Subcontractor's
negligent performance of professional services under this Subcontract Agreement. Contractor agrees, to the fullest
extent permitted by law to indemnify and hold harmless the Subcontractor, its officers, directors, employees against all
damages, liabilities or costs, including reasonable legal fees and defense costs, to the extent causes by the Contractor's
negligent acts in connection with the work. Neither the Contractor nor Subcontractor shall be obligated to indemnify
the other party in any manner whatsoever for the other party's own negligence or for the negligence of others.
15. Omitted by agreement.
16. Omitted by agreement.
17. Omitted by agreement.
18. If for any reason whatsoever (other than the fault of Subcontractor) Contractor terminates work under this Contract,
Subcontractor shall be paid the proportionate value of the Work completed and all obligations of Contractor under this
Contract shall terminate; provided, however that if Contractor cancels this contract as provided in Section 19 or 20, or
for any other cause attributable to Subcontractor, Section No. 30, and not this Section shall govern the rights of the
parties.
19. If any work, equipment or materials furnished by Subcontractor is, in the reasonable opinion of the Contractor,
unsatisfactory, unsound, improper, or in any way fail to conform to this Contract, or if Subcontractor violates in any way
any provision of this Contract, Contractor, in addition to and in no way in limitation of any other remedy Contractor may
have in law or equity, may immediately require Subcontractor to terminate its work. Under such circumstances
Contractor shall also have the rights provided for in the case of termination under Section 20.
20. If it shall reasonably appear to Contractor that Subcontractor shall at any time have failed to supply a sufficient
number of skilled workmen, equipment and/or materials of the proper quality and quantity or have failed in any other
respect to prosecute its Work with promptness and diligence and otherwise to the satisfaction of Contractor or cause by
any action or omission whatever regardless of fault, the stoppage or delay of, or other interference with, the Work of
Contractor or of any other contractor or subcontractor on the Project, or have violated any provision of this contract, or
should a petition in bankruptcy or for reorganization be filed by or against Subcontractor or any corporation with
substantially the same management as Subcontractor, or should Subcontractor become insolvent, fail to meet its
obligations as the same become due, go into liquidation either voluntarily or under an order of Court, make an
assignment for the benefit of creditors or acknowledge insolvency, Contractor may at any time after twenty four (24)
hours written or telegraphic notice to Subcontractor provide through itself or through others all labor and materials
appropriate to complete all or any portions of Subcontractor's work and deduct the cost thereof from any money due
or to become due to Subcontractor under this contract or otherwise and collect any deficiency from Subcontractor. .
Upon the occurrence of any of the events, acts or omissions referred to above in this paragraph, Contractor may, but
shall not be required to, make payments to others as it deems appropriate to discharge in whole or in part any claims
against Subcontractor for work under this contract or otherwise and Subcontractor agrees that the actual amount so
expended by Contractor in good faith may be deducted from the amount due or to become due hereunder.. In case of
such termination of Subcontractor's performance, Subcontractor shall not be entitled to receive any further payments
under this contract until the entire Project shall be completed, at which time, if the unpaid balance to be paid under this
contract, shall exceed the expenses incurred by Contractor in completing or having completed Subcontractor's Work,
such excess shall be paid by Contractor to Subcontractor; but if such expenses shall exceed such unpaid balance then
Subcontractor shall pay the excess to Contractor. .
21. Omitted by agreement.
22. (a) Subcontractor agrees to indemnify and save harmless Contractor and Owner against loss or expense by reason of
any liability imposed by law upon Contractor and/or Owner for bodily injuries and/or death sustained by any person or
persons or on account of damage or loss to property, to the extent caused by Subcontractor's negligent performance of
professional services under this Subcontract Agreement. Subcontractor shall not be obligated to indemnify the
Contractor or Owner in any manner for their own negligence or for the negligence of others.
(b) In addition to the foregoing provisions of this Section 22 and all other provisions of this contract and of the Schedule
"A", but without intentions to limit, modify, condition or affect the interpretation of any such other provisions in any
manner whatsoever, Subcontractor agrees at all times to protect, indemnify and to hold harmless Contractor and
Owner, their agents, officers and employees from and against all claims, liability, suits, judgments and damages
occurring, brought, recovered or exacted against Contractor and/or Owner for or on account of: (1) any injury to or
death of any employee of Subcontractor, (2) any loss or damage to any property of Subcontractor.
23. Drawings, specifications and other documents and electronic data furnished by the Contractor to the Subcontractor
with respect to the Project or any part thereof (the "Plans") shall not be used by the Subcontractor or its affiliates,
agents or employees for any work other than the Project. The Plans are to be kept in strict confidence and shall not
directly or indirectly be disclosed or copied by Subcontractor, its' affiliates, agents or employees. The Contractor or the
owner may enforce this Agreement by all available means at law or in equity.
24. Subcontractor shall obtain and maintain in full force and effect during the term of this contract policies of insurance
issued by companies acceptable to contractor against the risks and in the minimum amounts specified by Contractor.
Before commencing its work hereunder, Subcontractor shall furnish to Contractor and such other persons as Contractor
may designate, certificates issued by each of Subcontractor's insurers in form designated by Contractor showing that all
the required insurance is in force and will not be terminated or changed without at least ten (10) days prior written
notice from the insurer to each certificate holder. New certificates evidencing renewal of such insurance shall likewise
be furnished at least fifteen (15) days prior to the date of expiration of any required insurance policy. .
25. Subcontractor shall comply with all laws, statutes, ordinances, rules and regulations relative to the payment or
collection of all sales, use or other taxes, premiums, excises, contributions or charges against or with respect to the
wages or salaries of Subcontractor, its employees and officers or against or with respect to any supplies, equipment and
materials used or consumed in the performance of this contract or incorporated into the real estate. Subcontractor
hereby assumes full and exclusive liability and responsibility for the payment of taxes, premiums, excises, contributions
and charges with respect to all labor and property used in any manner whatsoever by a person in the fulfillment of this
contract or in the performance of any work supplementary hereto, and shall indemnify, protect and hold harmless
Contractor and Owner from and against any and all expenses, loss or damage, which Contractor may sustain on account
of any assessment, claim, demand or suit including all costs and expenses arising there from, made or brought against
Contractor and/or Owner under any provisions of any law, statute, ordinance, rule, regulation, requirement, tax,
premium, excise, contribution or charge. The contract price specified herein includes all Municipal, Local, State, County
and Federal taxes imposed by law to be collected or paid by Subcontractor. Where the law so requires, any such tax
must be stated and charged separately from the sales price but in any event, the total of the sale price and of the added
tax shall not exceed the contract consideration stated herein unless and except as otherwise specifically provided in
Schedule "A".
26. a). Subcontractor shall present invoices for payment by 12:00 p.m. two working days prior to the twice a month
payment day which are the 15th and 30th of each month. Each invoice or requisition shall be accompanied with
Subcontractor's release of liens in form and content designated by Contractor or Owner's Construction Lender. Should
payment date fall on a weekend or Monday, submission will be due on Wednesday or two (2) days prior to a Holiday.
Each invoice and each piece of correspondence concerning the contract shall be identified by the purchase order
number, cost code and work description. Payment shall be made on the 15th and 30th upon release of funds by the
Owner. Contractor may retain out of each payment which Contractor may make to Subcontractor prior to final
completion and acceptance of Subcontractor's work an amount equal to ten percent (10%) of the amount which
Contractor has approved for payment. Such retained amounts may be separately invoiced for 60 days after payment of
the approved amounts. Retained amounts are paid subject to inspection, approval and acceptance of Subcontractor's
work by Contractor.
b). All invoices submitted by Subcontractor shall constitute a representation and warranty by Subcontractor that the
sums claimed thereon are for labor and/or materials physically incorporated in the work; that the labor and materials
for which payment is requested conform to the plans and specifications and to all applicable laws, ordinances and
regulations; that all such work was done in a good and workmanlike manner; and that all materials were of the type and
quality required hereunder and free of defects.
c). Subcontractor hereby releases Owner and Construction Lender from any duty or obligation that might otherwise
exist, expressly or by implication of fact or law, to see to the payment to Subcontractor by Contractor of any funds paid
by Owner or Construction Lender to Contractor and agrees that Owner, the Construction Lender • and/or Contractor
may in their sole discretion (but under no circumstances shall have an obligation or duty) pay Subcontractor's
subcontractor, suppliers, materialmen or laborers directly for work performed hereunder or in connection herewith and
that any and all such payments shall, for all purposes, be treated as payments to Subcontractor of the sums due
hereunder. Owner and/or the Construction Lender shall have no duty or obligation to observe any cost breakdown or
stage or unit payment or other payment schedule in making payments to Owner, Contractor or any other person. The
obligation of Contractor under this Agreement shall be reduced to the extent of any payments made directly by
construction lender or Owner to Subcontractor. The foregoing sentence shall not be construed to require either Owner
or Construction Lender to make any such payments directly to Subcontractor.
d). Anything herein contained to the contrary notwithstanding, Construction Lender shall in no event be obligated to
inquire into the accuracy, correctness or reasonableness of the cost breakdown supplied by Owner or Contractor nor
shall it have any obligation or duty to Subcontractor or to any other person, including, without limitation,
Subcontractor's subcontractor, suppliers, materialmen, or employees, to ascertain whether or not payments made by it
correspond in amount to the sums which the payee or payees are entitled under the terms of the said cost breakdown,
voucher, order or any other document or documents relating thereto or to the Construction Loan Agreement or
whether the person, to which the payment is made is the proper recipient thereof. The Construction Lender shall have
no liability as a result of the making or withholding of any payment even if its acts are negligent, grossly negligent or
willful and this shall be true whether or not it has actual knowledge that the payee or payees are misapplying the
monies paid and/or are not or have not or do not intend to pay their or any of their contractors, subcontractors,
employees, suppliers or materialmen. It is further agreed by Subcontractor that the provision hereof shall be applicable
to, inter alia and without limitation, any situation or circumstances in which Construction Lender applies such monies or
property to satisfy the indebtedness of Owner or Contractor to it or to cure or protect against or prevent any default
hereunder as well as to the circumstance in which monies paid by Construction Lender to any person, including Owner
and Contractor, exceed or are less than the monies properly payable to such person, and also to the circumstance where
the monies retained in the Construction Loan Account by Construction Lender are insufficient to permit completion of
construction and/or the payment of all or any materialmen, suppliers, laborers, contractors, or other persons.
e). Contractor may make progress payments to Subcontractor for work completed hereunder on the basis of the price or
prices (if any) stipulated in Schedule "A".. No payment under this contract (including the final payment) shall be
evidence of the performance of Subcontractor's work, either in whole or in part, and no such payment shall be
construed as an acceptance of non-conforming, inadequate, defective or improper work, equipment or materials. The
use of Contractor or Owner or anyone claiming under or through Contractor or Owner shall not constitute acceptance of
Subcontractor's work hereunder or any part thereof.. Subcontractor shall within five (5) days of being requested to do
so by Contractor at any time and from time to time prior to the receipt of final payment hereunder, provide Contractor
or such other person designated by Contractor with a General Release of Liens in a form acceptable to Contractor signed
by Subcontractor and all other persons supplying materials, labor or work to Subcontractor. Subcontractor shall also
provide Contractor and such other persons as shall be designated by Contractor with General Release in form
satisfactory to Contractor in exchange for the final payment. Such General Releases and release of liens shall be
provided by Subcontractor with respect to each separate structure or lot on which one or more structures shall be
erected with respect to which proportionate payment has been made hereunder.
28. Subcontractor shall not be relieved of any liability or responsibility should Contractor fail to provide a watchman
even if a watchman is required by the terms of any general conditions, contract, specification or other document
relating to the project. Contractor shall not be liable under any circumstances for failure to so provide a watchman or for
any event resulting directly or indirectly from such failure.
29. Omitted by agreement.
30. (a) Subcontractor for itself, its own subcontractor, materialmen and employees, and all persons acting through or
under it, them or any of them, covenants and agrees that no mechanics claim or lien shall be filed or maintained by it,
them or any of them against the building or buildings or other improvements which are the subject of this contract
and/or the lot or lots of ground appurtenant thereto or any of them, for or on account of any work or labor done or
materials furnished by it, them, or any of them, under this contract, or otherwise, for, towards, in or about erection and
construction of said building, buildings, other improvements or any of them, and Subcontractor for itself, its own
subcontractors, materialmen and employees, and all persons acting through or under it, them or any of them, hereby
expressly waives and relinquishes the right to have, file or maintain any stop order or notice of intention or any
mechanics' lien or claim against the building, buildings or other improvements or any of them or lot or lots of ground
appurtenant thereto and covenants and agrees that this agreement waiving the right of lien shall be an independent
covenant and shall operate and be effective as well with respect to work and labor done and materials furnished under
any supplemental contract or contracts including contracts and arrangements for extra work in and about the erection
and construction of said building, buildings or other improvements or any of them whether any such contracts or
arrangements be verbal or written. Subcontractor agrees to execute at any time and from time to time at the request of
Contractor a separate waiver or waivers of mechanics' lien on forms supplied by Contractor and further agrees that said
separate waiver or waivers and this contract or any or all of them may be filed on record at any time and from time to
time. Subcontractor agrees if requested by Contractor to provide Contractor with a Waiver of Liens and or a Release of
Liens in form satisfactory to Contractor executed by each of Subcontractor's own subcontractors and suppliers.
Furthermore, if not withstanding the foregoing an attachment, order or claim is filed against the premises, project,
Contractor, or Owner or the monies due or owing to Owner and/or Contractor arising out of or on account of the work
performed and/or materials furnished directly or indirectly by Subcontractor and/or Subcontractor's subcontractors or
materialmen, such attachment, order or claim shall be subject and subordinate in lien, payment and distribution to the
mortgage held by Owner's Construction Lender, the liens thereof and all advances and rights of the Lender there under
and to any and all renewals, modifications, consolidations, replacements and extensions thereof.
(b) If at any time there shall be evidence of any lien chargeable to Subcontractor, or if damage shall be caused by
Subcontractor to other work at the project, Contractor shall have the right to retain out of any payment due or
thereafter to become due to Subcontractor, an amount sufficient to completely indemnify itself and the person or
persons responsible for such other work for any possible loss or damage including legal fees and disbursements which
any of them may sustain in discharging, satisfying and making good such claim, lien or damage. Subcontractor shall pay
to Contractor all monies that Contractor may pay in good faith in discharging, satisfying or making good any such claim,
lien and damage and all expenses incurred in connection therewith without regard to whether Contractor is legally
obligated so to discharge, satisfy or make good. As an additional and further remedy, the retained amounts of any
progress payments may be applied by Contractor to the satisfaction of any mechanics' or other liens filed as a result of
the work agreed to be done by Subcontractor. It is expressly understood and agreed that the Contractor may so satisfy
any such lien so filed without first determining the validity of such lien, and Subcontractor shall be liable to Contractor
for the amount so used.
31. Upon being so notified by Contractor, Subcontractor may not sublet or assign any of its work to be done at the site
of the work without first obtaining the written permission of Contractor, nor may Subcontractor assign any right to
receive any payment hereunder without first obtaining the written consent of Contractor. Such permission may be
withheld by Contractor with or without cause and if granted may be made subject to any conditions set forth by
Contractor in such written permission. An attempt to make any prohibited assignment or subletting shall constitute an
irrevocable offer by Subcontractor to Contractor to terminate this contract at any time thereafter and to accept the
progress payments made to the date of termination as full payment hereunder and in discharge of all obligations of
Contractor to Subcontractor. Any unauthorized assignment shall not vest any rights whatsoever in the purported
assignee. In no case shall the letting of any subcontract by Subcontractor relieve the Subcontractor of its liability and
obligations under this contract. If Contractor pays for, or guarantees payment for, labor, materials, supplies or
equipment used or to be used by Subcontractor in performance of this contract, the gross billed cost of the same may
be deducted form the sums otherwise due Subcontractor hereunder. Subcontractor shall prior to any of its own
subcontractors entering upon the premises secure from such subcontractors certificates of insurance identical to those
required of it by this contract and file the same with Contractor and/or such other persons as shall be designated by
Contractor. Each such subcontractor of this subcontractor shall be bound by all of the provisions of this contract
including, without limitation, the provisions for waiver and/or release of mechanics' liens and assumption of liability. As
between Contractor and Subcontractor, Subcontractor shall be responsible for all acts and omissions of its own
subcontractors.
32. All dates and time periods expressed in this contract or set forth in any notice given by Contractor under the terms of
this contract are of the essence of the contract.
33. Except, if and to the extent the contract documents may assign the obligation to provide protection to some other
person and such protection is • so actually provided by such other person, Subcontractor shall adequately and properly
protect its work by lights, barriers, supports, guards and all other appropriate protections and shall adhere to all safety
regulations and requirements of Owner, Contractor and Federal, State, Local, and other governmental and public
authorities. Subcontractor shall avoid injury and damage to persons and property and shall be responsible (as between
Contractor and itself) for any such injury or damage resulting from its failure to do so. Subcontractor shall post danger
signs warning against all hazards, in accordance with OSHA, relating to its work including but not limited to protruding
nails, hoists, well holes, elevator hatchways, scaffolding, window and door openings, stairways, falling materials, chutes,
high voltage and heated surfaces. Railings shall be installed in accordance with OSHA requirements. Subcontractor shall
continuously maintain adequate protection for its work from damage and shall protect property of others at the
premises from injury or loss arising out of its activities or those of its agents, employees and its own subcontractors.
Except as otherwise specifically provided herein, Contractor shall not be responsible for any loss or damage to
Subcontractor's work until after pre-occupancy inspection by Contractor. Contractor shall not under any circumstances
be responsible for loss or damage to equipment, supplies, materials, tools or appliances of Subcontractor used or to be
used in performance of its work or otherwise at the premises.
34. It is expressly understood and agreed that this contract applies only to the particular work specified in Schedule "A"
and that the signing of this contract shall not be implied to create a continuing relationship nor an obligation on the part
of the Contractor to award any other subcontracts to the Subcontractor herein at any future time, on this or any other
construction project which may be undertaken by Contractor.
35. The failure of Contractor or Owner to exercise any right or remedy provided for in this contract shall not preclude
the resort to other appropriate remedies nor shall the use of any special remedy provided herein prevent the
subsequent or concurrent resort to any other remedy which by law or equity would be vested in Contractor or Owner
for the recovery of damages or otherwise in the event of a breach by Subcontractor. The failure on one or more
occasions of Contractor or Owner to require strict performance of any provision of this contract, even though such
failure may regularly reoccur, shall not constitute a waiver of its right to require strict performance of the same
provision or of any other provision of this contract on any subsequent occasion. Rules of construction providing for strict
construction of contractual provisions against the party preparing a contract shall not be applicable to any provision of
this contract. Each provision of this contract is intended to be cumulative and severable and in construing any provision
of this contract, the content of a different or associated provision shall not be construed to limit the applicability of a
general provision except where such intent to limit is specifically set forth. The principle that express mention excludes
that which is omitted shall not be applicable to any provision of this contract vesting rights or remedies in Contractor or
Owner, nor shall the principal of ejusdem generis be applicable to any such provision of this contract. If any printed
provision of this contract shall have been stricken or modified, the contract shall be interpreted as if it had been printed
originally as so changed and no added significance shall be given to such change.
36. Omitted by agreement.
G. The masculine, feminine and neuter forms of words shall be substituted one for the other wherever herein the
context so requires. The singular and plural forms of words shall be substituted one for the other wherever herein the
context so requires. This writing, together with documents referred to herein, represents the entire agreement and
contract between the parties. There are no agreements, understandings, inducements or representations, oral or
otherwise, leading up to or inducing the execution of this contract which are not contained herein. This contract may
not be modified except by a writing signed by both of the parties hereto. Written notices required by any provision of
this contract shall be sufficient if mailed by registered mail by either party to the other at his respective address set forth
in this contract or at such other address as may hereafter be designed by written notice given as provided by this
Section. Contractor may at any time and from time to time with or without notice to Subcontractor assign and/or
delegate all or any of its rights, privileges and immunities as provided for herein to the Construction Lender, Owner
and/or such person or persons as shall be designated by either of them.
IN WITNESS WHEREOF, the parties hereto have sealed and executed this contract as of the day and year first
above written.
RETTEW RICHMAR BUILDERS, INC
(N f Subcontractor) (Contractor)
CORPORATE By: gy? CORPORATE
OR 4 Marc DeSouza, SEAL
INDIVIDUAL President OF
SEAL CONTRACTOR
OF
SUBCONTRACTOR
Attest: z,1=-- _.ottes?
(Sec. @r mst•.-See: (Secretary)
SCHEDULE "A"
Attached to a certain agreement by and between the undersigned contractor and the undersigned
subcontractor as of the date and in respect to the project and order number indicated below.
1. This Subcontract Agreement is for units located in Upper Allen Township, Cumberland County,
Pennsylvania. Hereafter the units will be referred to as "Single Family".
2. The terms, conditions and prices set forth herein shall remain in effect for the entire term of the
construction of all units. The actual rate of construction will be determined by a construction schedule which
will be revised from time to time as necessary.
3. The Subcontractor's responsibility, before initiating his phase of the work, is to examine the surroundings,
the drawings, and the specifications, to satisfy him that all conditions are suitable for initiating his work.
4. In consideration of the compensation herein provided to be paid, the subcontractor will remedy at his own
expense and to the reasonable standards of the trade, any and all defective work that is brought to his
attention within the guarantee period of one year from the date of occupancy. All installation shall be in
compliance with requirements and standards set forth in the Residential Warranty Program, I.E.C.C. 2006,
Building Energy Conservation Act, Manufactures Specifications, and subcontractor agrees to make repairs to
defective work as may be required under this warranty. Subcontractor agrees to respond to any calls within a
twenty-four (24) hour period.
5. Subcontractor's work will include any small items which are normally included in his phase of work.
6. A sum equal to ten percent (10%) of the total cost of each building shall be withheld for a period of sixty
(60) days after acceptance of the work by the contractor. Subcontractor shall separately invoice for this
amount Omitted by agreement.
7. The subcontractor will remove all excess materials and clean up debris as work progresses and shall be
responsible for the protection of his work.
8. Subcontractor shall, as its own expense, promptly clean up and remove all rubbish and debris and waste of
any nature resulting from it. Should subcontractor fail to do so, the contractor may do so and charge the
subcontractor with the cost thereof. Rubbish and debris shall be deposited in containers provided by the
contractor and/or in areas on site designated by the contractor.
9. Subcontractor shall obtain and maintain in full force and effect during the term of this contract policies of
insurance issued by companies acceptable by contractor before commencing its work. The policies shall
include workmen's compensation, general and automobile liabilities, as follows:
A. 1. Workmen's Compensation
Employer's Liability
2. Comprehensive General Bodily Injury Liability
Liability
3. Comprehensive General Property Damage
Liability
4. Automobile Bodily Injury
Liability
Statutory
$500.000
$1,000,000 per occurrence
and aggregate, where applicable
$1,000,000 per occurrence and
aggregate, where applicable
$1,000,000 each person
$1,000,000 each occurrence
SCHEDULE "A"
Attached to a certain agreement by and between the undersigned contractor and the undersigned
Subcontractor as of the date and in respect to the project and order number indicated below.
5. Automobile Property
Damage Liability
$1,000,000 per occurrence
B. The policies in items A, 2 & 3 above shall include coverage for:
1. Broad form property damage.
2. Product liability.
3. Contractor's protective liability, covering all Subcontractors' Vendors and Sub- Subcontractors.
4. Contractual liability assumed in the Subcontract. •
5. Completed operations liability.
C. Names of additional insured to be put on Insurance Certificate:
Richmar Builders, Inc. National Penn Bank
Upper Allen Township Bumble Bee Hollow Lmt.
Bumble Bee Hollow General, LLC
10. All local, state and federal taxes are included in the contract amount set forth in this contract. Permits and
inspections fees will be paid by the contractor not the subcontractors.
11. Subcontractor agrees that he has read and understands the drawings. All drawings are on file at the
Richmar Builders Office, 6160G Springford Drive, Harrisburg, PA 17111, and copies are available upon request.
See Schedule "B".
12. Contractor reserves the right to award the work on a building by building basis, to award multiple
subcontracts and to award the work as Contractor deems necessary.
13. Invoices shall be submitted to the Harrisburg Richmar Builders Office at 6160G Springford Drive, Harrisburg
PA 17111. All work must be completed prior to invoicing and submitted two (2) days prior to your assigned
invoice dates. Any invoices received late will be moved to the next invoicing date for processing and payment.
Name of Subcontractor: Rettew Z i0
Name of General Contractor: Richmar Builders, Inc.
Marc DeSouza, President
Date: April 8, 2010
Order No: BBS-18
Project: Bumble Bee Hollow -Single Family
14. FIREWALL INTEGRITY: It is intent of the Contractor to construct housing which is totally safe and free from
any defect which could cause a fire or allow a fire to spread. It shall be the responsibility of every
subcontractor to take all reasonable, practical, sensible and extra precautions to attain the same objectives.
Specific attention is brought to the importance of any drywall/firewall penetrations which shall be sealed
according to the best standards of the trade, with the best products, with the best installation standards and
in accord with all applicable codes, regulations and manufacturers' sealing product recommendations. All
Subcontractors are specifically directed to immediately report any problems whatsoever to the site
Construction Manager if such problem relates, in anyway, to the penetration, sealing or safety of a firewall.
15. Subcontractor will conduct a field survey to stakeout building offsets on corners and party walls for
footers, pin footers on outside of block corners only after concrete is set, with finished floor grades.
16. Schedule: Subcontractor will commence their efforts within two (2) to three (3) days of Contractors
request, weather permitting.
17. Services, as described herein, are provided on a Time and Expense basis at our established hourly rates
and normally associated incidental expenses. Based upon the described Scope of Services, charges will be:
(Project No. 10-08208-001)
Stakeout house envelope offsets for footer grading (approx 8 hubs per house)
Pin building foundation corners on footers, as shown on plans provided by HRG>
Set bars and concrete monuments at lot corners for the single family lots, as shown on subdivision
plans. Lots will be monumented after the lot has been landscaped.
Stakeout/Pinning Footers - 605.00/per lot
Lot monumentation - $300/per lot
Name of Subcontractor: Rettew Z 1?
Name of General Contractor: Richmar Builders, Inc.
Marc De ouza, President
Date: April 8, 2010
Order No: BBS-18
Project: Bumble Bee Hollow -Single Family
SCHEDULE "B"
Attached to a certain agreement by and between the undersigned contractor and the undersigned
subcontractor as of the date and in respect to the project and order number indicated below.
The Undersigned certifies, with the intent that the Contractor and Owner shall rely on its
accuracy that the names and address of all persons which will supply services, labor,
material or equipment to Subcontractor in the performance of the Subcontractor are listed
below. Subcontractor shall provide Contractor with notice immediately in the event of any
changes or modifications to the below list.
Name of Subcontractor: Rettew 12'Slto
Name of General Contractor: Richmar Builders, Inc.
Marc za, President
Date: April 8, 2010
Order No: BBS-18
Project: Bumble Bee Hollow -Single Family