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HomeMy WebLinkAbout01-7183QB LINIITED PARTNERSHIP, A PENNSYLVANIA LIMITED PARTNERSHIP Owner/Borrower Vo TRIPLE CROWN CORPORATION, INC. Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. M.L.D. 20__ WAIVER OF LIENS WHEREAS, by Agreement dated this /J dayof ,/~"c'~"~"-J.~t~- ,Zt~'l, QB Limited Partnership, a Pennsylvania Limited Partnership, ("Owner/Borrower") contracted with Triple Crown Corporation, Inc., a Pennsylvania Corporation with principal place of business at 5351 Jaycee Avenue, Harrisburg, PA 17112, ("Contractor"), for work and services relating to the remodeling/construction of a project upon the real estate described in Exhibit "A" and attached hereto and made a part hereof, and WHEREAS, construction activity on the existing building known as the Quaker Oats Building, located on the real estate description on Exhibit "A" is to consist of renovations and repairs as needed to prepare for leasing, in Hampden Township, Cumberland County, Pennsylvania. WHEREAS, Waypoint Bank, ("Lender") has agreed to lend and advance certain funds to Owner/Borrower to finance such construction in consideration of, among other things, the execution of this Waiver. NOW THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY, does hereby, for Contractor and for any and all contractor, materialmen, employees and parties acting or claiming for, through or under Contractor, covenant and agree with Owner/Borrower and its Lender that no mechanics' liens or claims shall be filed or maintained against the above-described real estate, or the building or improvements to be erected thereon, for or on account of any work done or materials furnished under said agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the erections, construction and completion of said project, or otherwise; and Contractor, for Contractor and any and all subcontractors, materialmen, employees and parties acting or claiming through or under Contractor, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or building or improvements. This agreement waiving the right of lien shall be 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 erection, construction, supervision and completion of the said project as to any work and labor done and materials furnished under said agreement. In order to give Owner/Borrower and its Lender full power and authority to protect the said real estate and buildings against any and all mechanics' liens or claims, filed by Contractor anyone acting or claiming for, through or under Contractor or in violation of this agreement Contractor, for itself and all such aforesaid contractors, materialmen, employees and parties acting or claiming for, through or under Contractor, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there of elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of record, all claim or claims, lien or liens filed by or for Contractor or in its or their name against the said real estate, buildings; a copy of this Agreement, and a reference to the court, term and number or place in which this agreement and 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 quitclaim unto Owner/Borrower and its Lender, and their and each of their certain attorney or attorneys, 'any dnd all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in which the above- mentioned lands are located. It is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Owner/Borrowers Lender, mortgages of said premises, its successor or assigns. 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 this agreement and 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. IN WITNESS WHEREOF, Contractor has hereunto signed and sealed the day above written. ATrEST: OWNER/BORROWER: QB LIMITED PARTNERSHIP, A PENNSYLVANIA LIMITED PARTNERSHIP BY QB LLC, GENERAL PARTNER BY BULLDOZER, INC., MANAGING MEMBER; BY: ~ h,V~ARK X. DISANTO, PRESIDENT OF BULLDOZER~ INC. ATTEST: CONTRACTOR: TRIPLE CROWN CORPORATION INC. ALL THOSE CERTAIN two premises located in Hampden Township, Cumberland County, Pennsylvania; bounded and described as follows, to wit: PREMISES NO. l: BEGINNING at a point in Railroad Avenue on the northern right-of-way line of land of Norfolk Southern (Railroad) Corporation, said point being located North twenty-nine degrees, twelve minutes, zero seconds West, a distance of eighty and twenty-one hundredth feet from the western most corner of Parcel 3 of Premises No. 2; thence through Railroad Avenue North twenty-nine degrees, twelve minutes, zero seconds West, a distance of four hundred ninety-five and seventy-five hundredth feet to a point; thence by land now or late of Patlin Properties, LLP, North fifty-five degrees, nine minutes, forty-two seconds East, a distance of two hundred sixty-three and six hundredth feet to an existing Re-Bar; thence by the same and by land now or late of Norfolk Southern (Railroad) Corporation South twenty-eight degrees, thirty-nine minutes, fifty-two seconds East, a distance of two hundred eighty-two and sixty hundredth feet to a point; thence by said railroad the following three (3) courses: l) by a curve to the right, having a radius of two hundred thirty-seven and fifty-hundred feet, an arc distance of one hundred ninety-seven and thirty-one hundredth feet to an existing iron pin; 2) South thirty degrees, thirty-four minutes, forty seconds West, a distance of one hundred ten and sixty-four hundredth feet to an existing iron pin; 3) South fifty-four degrees, fifty-seven minutes, fourteen seconds West, a distance of eighty-five and one hundredth feet to a point, the place of BEGINNING. CONTAINING 118,929.47 square feet, or 2.7302 acres. SUBJECT TO rights of public for that portion of premises within limits of Railroad Avenue Right-of-Way. COMPRISING OF Tax Parcel 22-0529-009 and Tax Parcel 22-0529-010. EXHIBIT "A" PREMISES NO. 2: BEGINNING at a point in the Saint John's Church Road, said point being located North Seventy-four degrees, Forty-one minutes Zero seconds East, a distance of twenty-three and thirteen hundredth feet from the intersection of the western required right-of-way line of Saint John's Church Road, with the northern right-of-way line of land formerly of the Pennsylvania Railroad, now Norfolk Southern (Railroad) Corporation, said line being parallel with and sixty-five feet north of the original centerline of said railroad; thence from said point of Beginning, by said railroad the following four (4) courses: 1) South Seventy-four degrees, forty-one minutes, zero seconds West, a distance of one thousand, eight hundred thirty-eight and seventy-eight hundredth feet to a point; 2) South twenty-eight degrees, thirty-five minutes, zero seconds East, a distance of twenty-four and fifty-four hundredth feet to a point; 3) South sixty-six degrees, forty-five minutes, four seconds West, a distance of sixty-six and Ehirty-three hundredth feet to a point; 4) by a line parallel with and twelve feet north of the center line of the existing railroad siding, South Seventy-four degrees, forty-one minutes, zero seconds West, a distance of ~wo hundred nineteen and eighty-nine hundredth feet to a poin~ in Railroad Avenue; thence through Railroad Avenue North twenty-nine degrees, twelve mintues, zero seconds West, a distance of thirty-nine and thirteen hundredth feet to a point; thence by land formerly cf the Pennsylvania Railroad, now Norfolk Southern (Railroad) corporation, the following five (5) courses: 1) by a curve to the left, having a radius of two hundred fifty-eigh~ and seventy-seven hundredth feet, an arc distance of fifty-eight and seventy-nine hundredth feet; 2) North twenty-nine degrees, fifteen minu~es, thirty seconds East, a distance of sixty and forty-five hundredth feet; 3) by a curve to the left, having a radius of four hundred ~hree feet, an arc distance of two hundred two and nine hundredth feet; 4) by a compound curve to the left, having a radius of one thousand five hundred forty-two and eighty-one hundredth feet, an arc distance of sixty-three and thirty-three hundredth feet; 5) North seventeen degrees, fifty-eight minutes, zero seconds East, a distance of two hundred seventy-six and sixty-one hundredth feet to an existing iron pin; thence by land now or late of Purina Mills the following two (2) courses: 1) North fifty-six degrees, fifty-nine minutes, thirty-eight seconds East, a distance of one hundred ten and twenty-eight hundredth feet to an existing concrete monument; 2) North Seventy-four degrees, Forty-one minutes, Zero seconds East, passing through an existing concrete monument at a distance of ninehundred and twenty~four hundredth feet, a distance of one thousand three hundred ninety-nine and forty-nine hundredth feet to a point in the saint John's Church Road said point being located North Seventy-four degrees, Forty-one minutes, zero seconds East, a distance of twenty-six and seventy-five hundredth feet from the required right-of-way line of Saint John's Church Road; thence through the Saint John's Church Road South thirty-nine degrees, fifty-four minutes, zero seconds East, a distance of Six hundred forty-one and eighty-eight hundredth feet to a point, the place of BEGINNING. CONTAINING 1,053,396 square feet, or 24.1827 acres. SUBJECT TO rights of public for that portion of premises within Saint john's Church Road Rigth-of-Way. COMPRISING of Tax Parcel 22-0529-011. TOGETHER WITH a perpetual right of way for the purpose of constz-ucting and maintaining sanitary sewer line as more fully set forth in an instrument recorded in Cumberland County Misc. Book 132, Page 49.