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HomeMy WebLinkAbout01-1319JEFFREY A. LUNDEEN, Owner DILLSBURG SEPTIC EXCAVATING AND PAVING, INC. Contractor : IN THE COURT Of: COMMON PLFJkS : OF CUMBERLAND COUNTY, PENNSYLVANIA : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made this ~t-k day of F.e~,, 2001, between Jeffrey A. Lundeen, an adult individual, with his office at 840 State Street, Lemoyne, Pennsylvania ("Owner") and Dillsburg Septic Excavating and Paving, Inc., a Pennsylvania corporation, with its offices at 516 Range End Road, Dillsburg Pennsylvania ("Contractor"). WHEREAS, by a duly executed written agreement dated Vl3cu~ ~ ,~31 (the "Contract"), Owner and Contractor have contracted for the contractor's excavation, grading and preparation of the ground for the foundation, padcing areas and erection/el a new 48,000 square foot, concrete floor, manufacturing facility, and all matters pertaining thereto, all in accordance with the Contract (the "Improvements") on Parcel 20 (8.7+ ac.) Outlook Lane, situate in Shippensburg Township, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, no authorization has yet been given by Owner to Contractor to commence its work or purchase materials for same; and WHEREAS, no Work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any sub- contractor or materialman. NOW, THEREFORE, the Contractor, for itself, its successors and assigns and anyone else acting or claiming through or under it, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: 1. Waiver of Lien. Contractor hereby waives and relinquishes ail rights to file a mechanics' lien, claim or notice of intention to file .any lien or claim and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owner in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or by or in the name of any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall IooF. to and hold Contractor personally liable for all subcontracts, materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any Contract for extra work, or for work supplemental thereto, or otherwise. 2. Independent Covenant. 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 contrad for extra work in the erection, construction and completion of the said Improvements and as to any work and labor done and materials furnished under the Contract. 3. Power of Attorney. In order to give Owner full power and authority to protect itseli', the property, the estate or title of Owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as attorney I'or it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all I~en or liens, filed in violation of the foregoing covenant, or (ii) c~use to he. filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument; and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this agreement shatt have been filed shall be conclusive evidence of the authoriLy herein to warrant such action, and Contractor, for Itself and for them, hereby remises, releases and quit-claims all tights 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. In the event anyone acting through or under contractor shail so file a lien in violation of the foregoing covenant, Owner may not exercise hls rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been receiv~'d by Contractor. 4. Public Notice. This Agreement shall be filed In the Cumberland County Prothonotary's Office as public notice hereof. 2 IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, have caused this Contractor's Waiver of Liens to be executed the day and year first above written. WITNESS: ATTEST: (A~st.) S~'re~r~/ ~ ~/· (SEAL) OWNER: f~,,~ A. lu.deen"' - -- CONTRACTOR: DILLSBURG SEPTIC EXCAVATING AND PAVING, iNC. By: ~7M2-7.1 PROPERTY DESCRIPTION The l~n~ referred to in this Policy is described as follows: ALL T~AT CERTAIN tract or parcel of land lying and being situate in Shippsnsburg Township, Cumberland County, Pennsylvania, and being identified as Lot No. ~0 on Su]~ivision Plan of Outlook Points of ShiPPensburg. said Plan being r~corded in the Office of the Recorder of Deeds Of C~mbsrland county, Pennsylvania, in Plan ~ook 76, Page ~7, more fully bounded and described as follows: BEGINNING st a point on the west ei~e of Outlook Lane at co=nar of lands now or formerly of Carlisle Hospital and Health services (~t No. lS on Su~ivi~ion Plan Of William Swupe, said Plan b~ln~ =ecorde~ in the Office of Recorder of Deeds of Cumbe=l~n~ Co%tn=y, Pennsylva-~a, in Plan Book 74, Pa~e 99), =hence by said lends and lands now or formerly of Hotels of Pa. Inc, North 89 degrees, 21 minuets 44 seconds West, 411.84 feet, to a ~oint in llne of lands now or formerly of ~ope Reformed Church; thence by said lands North 01 degree, ~9 minutes, lS seconds East, 315.93 feet, to an ir~n pin in line of lands now o= formerly ~f Frank Craig Nye; thence by l~ds of Nye North 7~ degrees, ~4 mlnu~ee, o~ =eco~s East, ~0.17 feet, to a pOint at corner commo~ to lands of Frank C. Nye and lan~s now or formsrIy of Timothy M. Nye; thence by l~n~ of Timothy M. Nye. North 7S de~xees, 02 minu~es, 30 seconds East, 882.81 feet, to an iron pin s~ corner of lands now or formerly of Donald F. Noxl (~ot No. 13 on SUb~ivislon Plan of W~lllem Swops, said Plan being recorded in the office of Recorder of Dee~s of Cumberland County, Pe~%sylVania, in Plan Book 66, Pa~e 18A); thence by said 18nde sou~h 05 ~&~r%~, 10 m/nurse, 47 seconds west, $83.77 feet, to a pain= at corner o~ lands now or formerly of Sh/ppensburg ALF (~ot NO. 19 on Subdivision Plan of Wi11iem swops said Plan be~n~ recorded in the Office of Recorder of Deeds of Cumberland Co~31ty, Pennsylvania in Plan Book 76, Page ~6}; ~hence by said lands, NOrth 88 degrees, 21 minutes, ts seconds Nest, ~94.3S feet, to a poin~ on the Ets= side of Outlook Lane a ~0 foot wide ~ublic street; thence by said st~ee= on a curve to =he right having a radius of 2S.00 fee=, a chord bearing of North 2~ de,tees, 43 m/nurse, 56 seconds Eas~, a distance of 21.0~ feet to a point; thence concinuln~ by same on a ~rve to the left having a radius of S0.00 feet, a chord hearing of North 88 de~rees~ 21 m~nuces, %5 seconds West. a distance of 241.19 fp~t to a poin~; thence continuing by same on a curve to the right, having a radius of ~$.00 feet, a chord b~aring of south 22 degrees, 27 minutes. 26 seconds East, a distant* of.21.03 feet ~o a point at corner of ]--R; now or formerly of Carllsle Hespi~&l and Health .Services, the place of ~xh[bl~ "A" OWNER AND CONSTRUCTION MANAGEMENT AGREEMENT ~ddendum No. 1 2.2.21.1 Construction Manager is aware of Owner's desire to commence consta-uction on March 7, 2001. Accordingly, Construction Manager will arrange ibr Dillsburg Septic To execute and record a waiver of liens, immediately. Construction Managcr will arrange to take a pho~ol~raph of the site showing no machinery present, the day after the Waiver of Liens is filed. Further, Construction Manager will immediately initiate a Building permit Application in order to pull all required permits from Shippens:burg Township as soon as possible.