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HomeMy WebLinkAbout04-3090IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CLASSIC COMMUNITIES CORPORATION, Contractor and SILVER CREEK DEVELOPMENT COMPANY LIMITED PARTNERSHIP, Owner Mechanics' Lien Docket No. STIPULATION AGAINST LIENS AND WAIVER OF RIGHTTO FILE MECHANICS' LIENS WHEREAS, an agreement ("Contract") has been entered into between Classic Communities Corporation, ("Contractor") and Silver Creek Development Company Limited Partnership ("Owner") in which the Contractor has agreed to provide certain labor and materials in the construction of a residential development in Hampden Township, Cumberland County, Pennsylvania, known as "Silver Creek at Hampden", upon the following tract of land of the Owner: See attached Narrative Description for Silver Creek at Hampden, incorporated herein by reference. INTENDING TO BE LEGALLY BOUND HEREBY, the Contractor, for himself and any subcontractor and anyone else acting through or under Contractor, hereby stipulates and agrees that no lien or claim for a lien against the said tract of land or the improvements about to be erected thereon, commonly called a mechanics' lien, shall be filed by anyone, including without limitation the Contractor, any subcontractor, materialman, or any person furnishing labor or materials in connection with any construction thereon. This is a separate and independent covenant and shall be operative and effective with respect to labor done and materials furnished under any supplemental contract or contracts for extra or different work, as well as labor done and materials furnished under such agreement between the Contractor and the Owner. In the event any mechanics' lien or claim is filed by the Contractor or any person, firm, or corporation claiming under, through, or against the Contractor, the Contractor, for the Contractor and all such persons, firms, and corporations, hereby irrevocably waives any right to a jury trial in any action to stdke or discharge the lien. If the Contractor or any person, firm, or corporation claiming under, through, or against the Contractor files a mechanics' lien, notwithstanding this stipulation and waiver, the Owner and the Owner's bank each shall have the dght to discharge the lien by legal proceedings and to retain out of any payment then due or thereafter to become due to the Contractor an amount sufficient to completely reimburse and indemni~ the Owner and the Owner's bank against all expenses and losses relating from such lien. Such expenses and losses shall include, without {A551673:} limitation, any attorneys' fees, surety bond premiums, and other costs incurred in attempting to discharge or remove such lien, and any damages or other losses resulting from such lien, all of which the Contractor agrees to pay. If any payment then due to the contractor by the owner is not sufficient to reimburse and indemnify the Owner or the Owner's bank by way of off-set as aforesaid, the Contractor agrees to pay the amount of the difference to the Owner or the Owner's bank, as the case maybe, upon demand. The Contractor warrants and represents that at the time of execution hereof, no work of any kind has been done and no materials or supplies have been furnished, delivered, or ordered in connection with the performance of the contract or any supplement to the contract for extra work in the construction and completion of such buildings or improvements. This Stipulation is made and intended to be lied with the County Prothonotary in accordance with the requirements of Section t402 of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania, as amended. IN WITNESS WHEREOF, these presents have been executed under seal this ,~O day of '-~"...~v~,.~ ,2004. CONTRACTOR: CLASSIC COMMUNITIES CORPORATION NaBY~: C~~ (SEAL) Ti OWNER: SILVER CREEK DEVELOPMENT COMPANY LIMITED PARTNERSHIP Attest: By: SILVER CREEK DEVELOPMENT COrvt°ANY, INC., a Pennsylvania corporation, its sole general partner James A. Halbert, President {A551673:} Fidelity National Title Insurance Company of New York Commitment SCHEDULE C Legal Description Legal Description Silver Creek at Hampden Hampden Township, Cumberland County ALL THAT CERTAIN tract or parcel of land situated in Hampden Township, Cumberland County, Pennsylvania, lying on the northerly side of North Salem Church Road and lying approximately between Mercury Drive and Jaguar Drive, being more particularly described as follows: BEGINNING at a concrete monument on the western right-of-way line of Jaguar Drive; Thence along said right-of-way line, by a curve to the left having a radius of 625.00 feet, an arc length of 228.19 feet, (a chord bearing North 14 degrees 55 minutes 30 seconds East a distance of 226.93 feet) to a iron pin with cap at the common property corner of L.B. Smith, Inc. and lands now or formerly of Holy Spirit Corporation (D.B. 234, Pg, 696) said property corner being on the division line between Phase 1 and Phase 2 of Silver Creek Commerce Park (P.B. 77, PG. 124 and P.B. 80, PG.95); thence along said division line the following four (4) courses and distance: 1) North 85 degrees 31 minutes 53 seconds West a distance of 292.14 feet to a iron pin with cap; 2) North 03 degrees 57 minutes 39 seconds East a distance of 173.92 feet to a iron pin with cap; 3) South 79 degrees 17 minutes 55 seconds West a distance of 448.80 feet to a iron pin with cap; 4) North 18 degrees 43 minutes 50 seconds West a distance of 358.55 feet to the northern right-of-way line of Mercury Drive; thence along the northern right-of-way line of Mercury Drive, North 71 degrees 16 minutes 10 seconds East a distance of 82.43 feet; thence along the same, by a curve to the left having a radius of 2470.00 feet, an arc length of 39.08 feet, (a chord bearing North 70 degrees 49 minutes 00 seconds East a distance of 39.08 feet) to a iron pin at the common property corner with other lands of L.B. Smith, Inc. and being on the eastern line of Lot 41-A of Silver Creek Commeme Park (P.B. 83, PG. 2); thence along said line, North 18 degrees 57 minutes 19 seconds West a distance of 439.44 feet to the southern right-of-way line of Lamb's Gap Road; thence along said southern right-of-way line, North 62 degrees 16 minutes 53 seconds East a distance of 125.64 feet to an iron pin at tthe common property corner of L.B. Smith, Inc. and lands now or formerly of Hampden Township Sewer Authority (D.B. 216, Pg. 149 and D.B. 33- Y, Pg. 199); thence along the division line between lands of L.B. Smith, Inc. and lands now or formerly of Hampden Township Sewer Authority the following three (3) courses and distance: 1) North 69 degrees 53 minutes 49 seconds East a distance of250.11 feet to a iron pin; 2) North 74 degrees 36 minutes 45 seconds East a distance of 109.33 feet to a iron pin; 3) North 15 degrees 23 minutes 15 seconds West a distance of 149.56 feet to a iron pin in the southern bank of the Conodoguinet Creek; thence along the southern bank of the Conodoguinet Creek the following ten (10) courses and distance: 1) North 61 degrees 11 minutes 45 seconds East a distance of 225.00 feet to an iron pin; 2) North 58 degrees 21 minutes 45 seconds East a distance of 200.00 feet; 3) North 55 degrees 21 minutes 45 seconds East a distance of 110.00 feet to an iron pin; 4) North 52 degrees 56 Fidelity National Title Insurance Company of New York Commitment minutes 45 seconds East a distance of 150.00 feet to an iron pin; 5) North 60 degrees 56 minutes 45 seconds East a distance of 75.00 feet; 6) North 64 degrees 01 minutes 45 seconds East a distance of 210.00 feet; 7) North 70 degrees 01 minutes 45 seconds East a distance of 95.00 feet to an iron pin; 8) North 78 degrees 11 minutes 45 seconds East a distance of 150.00 feet; 9) North 82 degrees 41 minutes 45 seconds East a distance of 125.00 feet; 10) North 89 degrees 28 minutes 15 seconds East a distance of 35.65 feet to the division line between L.B. Smith, Inc. and The Village of Westover (P.B. 32, PG. 57 and P.B. 30, PG. 83); thence along said division line, South 13 degrees 22 minutes 35 seconds East a distance of 1145.86 to a spike in a tree at the common property corner of L.B. Smith, Inc. and Hampden Court (P.B. 54, PG. 74 and P.B. 74, PG. 1); thence along said division line between the lands of L.B. Smith, Inc. and Hampden Court, South 74 degrees 34 minutes 54 seconds West a distance of 817.61 feet to an iron pin; thence continuing along said line, South 11 degrees 33 minutes 15 seconds East a distance of 739.67 feet to a iron pin with cap at the common property corner of L.B. Smith, Inc. and lands now or formerly of Team Rahal of Mechanicsburg, Inc. (D.B. 190, PG. 85); thence along the division line of L.B. Smith, Inc. and lands now or formerly of Team Rahal of Mechanicsburg, Inc., South 89 degrees 12 minutes 55 seconds West a distance of 419.17 feet to the eastern right-of-way line of Jaguar Drive; thence along the eastern right-of- way line of Jaguar Dhve, by a curve to the right having a radius of 42.00 feet, an arc length of 22.54 feet, (a chord bearing North 10 degrees 06 minutes 05 seconds East a distance of 22.27 feet); thence through Jaguar Drive, North 63 degrees 24 minutes 26 seconds West a distance of 50.01 feet to the point of BEGINNING. CONTAINING: 50.26 Acres. ~EI1NG THE SAME premises which L. B. Smith, Inc., a Pennsylvania Corporation, by ~ts deed dated the "~ -~ ~'t'day of June, 2004 and to be recorded simultaneously herewith, granted and conveyed unto Silver Creek Development Company Limited Partnership, as agent, MORTGAGOR herein.