HomeMy WebLinkAbout10-6459
LANDMARK COMMERCIAL REALTY,
INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. Docket No.: ?? - 6659
HUMBOLDT 68 LAND, LLC, and
HIGGINS DEVELOPMENT PARTNERS,
L.L.C.
Defendants Civil Action - Law -r? Zr L; -~+
NOTICE TO DEFEND En rr- --i '
-< ' ;Z? c?
You have been sued in court. If you wish to YOU SHOULD TAKE THIS PAPEO
defend against the claims set forth in the LAWYER AT ONCE. IF YOU DO
following pages, you must take action within A LAWYER OR CANNOT AFFOIR G
twenty (20) days after the complaint and notice TO OR TELEPHONE THE OFTtEuE
are served, by entering a written appearance FORTH BELOW TO FIND OUT WHERE YOU
personally or by attorney and filing in writing CAN GET LEGAL HELP.
with the court your defenses or objections to the
claims set forth against you. You are warned LAWYER REFERRAL SERVICE
that if you fail to do so the case may proceed 32 SOUTH BEDFORD STREET
without you and a judgment may be entered CARLISLE, PA 17013
against you by the court without further notice (717) 249-3166
for any money claimed in the complaint or for
any other claim or relief requested by Plaintiff.
You may lose money or property or other rights
important to vou.
AVISO
Le han demandado a usted en la corte. Si usted
quiere defenderse de estas de estas demandas
expuestas an las paginas signientes, usted tiene
veinte (20) dias de plazo al partir de is fecha de
la demanda y is notificacion. Hace falta asentar
una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita
sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted
no se defiende, le corte tomara medidas y puede
continuar la demanda en contra suya sin previo
aviso o notificacion. Ademas, la corte puede
decidir a favor del demandante y requiere que
usted cumpla con todas las provisions de esta
demanda. Usted puede perder dinero o sus
propiedades u ostros derechos importantes para
usted.
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE, SI NO TIENE ABOGADO
O SI NO TIENE EL DINERO SUFICIENTE DE
PAGAR TAL SERVICIO. VAYA EN PERSONA
O LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA
LEGAL.
LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
LANDMARK COMMERCIAL REALTY,
INC.,
Plaintiff
V.
HUMBOLDT 68 LAND, LLC, and
HIGGINS DEVELOPMENT PARTNERS,
L.L.C.
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.: I? - u
: Civil Action - Law
COMPLAINT
NOW COMES Plaintiff, Landmark Commercial Realty, Inc., by and through its
attorneys, Capozzi & Associates, P.C., and makes the following Complaint for a money
judgment against Defendants, and in support thereof, respectfully avers as follows:
Plaintiff, Landmark Commercial Realty, Inc., is a Pennsylvania corporation with
its principal place of business located at 20 Erford Road, Suite 215, Lemoyne, Cumberland
County, PA 17043 ("Landmark Commercial" or "Broker").
2. Defendant Humboldt 68 Land, LLC is a corporation registered in Pennsylvania
having an entity number 3224685 with its last known address of 71 South Wacker Drive, Suite
4700, Chicago, IL ("Seller").
Defendant Higgins Development Partners, L.L.C. is a corporation registered in
Pennsylvania having an entity number 2939580 with its last known address of 408 Headquarters
Plaza North, Morristown, NJ 07960 ("Seller")
4. On or about February 29, 2008, Landmark Commercial and Defendants entered
into a Brokerage Agreement ("Brokerage Agreement") for Landmark Commercial as a contract
to broker a sale of Defendants' commercial real property to a prospective buyer. A true and
correct copy of the Brokerage Agreement is attached hereto as Exhibit "A."
2 (>.,
a 6D, O
OX
5. Landmark Commercial executed and performed most of the work required as a
broker under the Brokerage Agreement from its offices located in Cumberland County.
6. The commercial real property in question consisted of a 400,260 square foot
vacant warehouse building located at 68 Green Mountain Road, Hazleton, Schuykill County,
Pennsylvania ("Real Property").
7. The Brokerage Agreement provides that as the Broker, Landmark Commercial
"representedrepresents Exeter Property Group, L.P.... [Buyer] in its search for a suitable
industrial investment opportunity in the Central/ Northeast Pennsylvania business market."
8. The Brokerage Agreement also provides that, "SELLER [Defendant] agrees to
pay BROKER [Landmark Commercial] a procuring sales commission, for brokerage services
rendered, in the event a sale is consummated with the above-referenced BUYER .... The
commission shall be due and payable as follows:
(i) Commission on Acquisition. SELLER shall pay BROKER a procuring
sales brokerage fee equal to one and one half (1.5%) percent of the gross
mutually acceptable purchase price. Said fee shall be in addition to any
commission due any listing broker, if any."
9. The Brokerage Agreement also provides that "This agreement shall be binding
upon the undersigned SELLER."
10. On or about April 27, 2010, Defendants executed a Special Warranty Deed during
the closing for the sale of the Real Property to Exeter Property Group, LP. for a total gross
purchase price of $12,857,500.00. A true and correct copy of the Special Warranty Deed is
attached hereto as Exhibit "B."
11. On or about June 2, 2010, Landmark Commercial sent Defendants an invoice for
the Brokerage Fee due for the sale of the Real Property. A true and correct copy of the invoice
is attached hereto as Exhibit "C."
3
12. On or about June 16, 2010, counsel for Landmark Commercial sent Defendants a
demand for payment. A true and correct copy of the demand is attached hereto as Exhibit "D."
COUNT I - BREACH OF CONTRACT
13. Plaintiff hereby incorporates paragraphs 1 through 12 of this Complaint as if set-
forth at length herein.
14. Pursuant to the terms of the Brokerage Agreement, Defendants agreed to pay to
Landmark Commercial the 1.5% brokerage fee for securing a buyer for its Real Property, which
total is $192,862.50 ("Brokerage Fee").
15. As a result of the sale of the Real Property to Buyer on April 27, 2010,
Defendants had a duty to pay Landmark Commercial the Brokerage Fee under the terms of the
Brokerage Agreement.
16. Landmark Commercial is entitled to compensation of the Brokerage Fee for the
brokerage services rendered to Defendants.
17. Landmark Commercial has demanded payment of the Brokerage Fee from the
Defendants, but Defendants have refused and continue to refuse to remit payment to Landmark
Commercial as agreed.
18. Defendants' refusal and failure to pay the Brokerage Fee constitutes a breach of
contract and the Brokerage Agreement.
19. Landmark Commercial has been damaged by the failure of the Defendants to pay
for the services rendered.
WHEREFORE, Landmark Commercial Realty, Inc. demands judgment against
Defendants in the amount of $192,862.50, plus interest and costs of collection, which sum
exceeds the local limit for arbitration.
4
COUNT II-QUANTUM MERUIT
20. Plaintiff hereby incorporates paragraphs 1 through 19 of this Complaint as if set
forth at length herein.
21. Pursuant to Rule 1020(c) of the Pennsylvania Rules of Civil Procedure, Landmark
Commercial pleads the following alternative cause of action.
22. As more fully described herein, Landmark Commercial's expectation of payment
in exchange for rendering brokerage services to Defendants was reasonable.
23. Landmark Commercial, in rendering services and consummating the sale of the
Real Property to Defendants, has conferred a substantial benefit upon them.
24. Defendants retained the benefit of the bargain with Landmark Commercial and
have not conferred a similar benefit in return upon Landmark Commercial.
25. Defendants have been unjustly enriched at the expense of Landmark Commercial.
26. Landmark Commercial is entitled to proper compensation for the brokerage
services rendered to Defendants.
27. Landmark Commercial has demanded payment from Defendants, but Defendants
have refused payment.
28. Defendants' unjust enrichment at Landmark Commercial's expense has damaged
Landmark Commercial.
WHEREFORE, Landmark Commercial Realty, Inc. demands judgment against
Defendants in the amount of $192,862.50, plus interest at the legal rate of 6% per annum, which
sum exceeds the local limit for arbitration.
5
Respectfully submitted,
CAPOZZI & ASSOrqIATES, P.C.
Date: L'O1/C, By:
Attorney I.D. &-W41
Craig Adler
Attorney I.D. No. 52970
2933 N. Front Street
Harrisburg, PA 17110
(717) 233-4101
Attorneys for Landmark Commercial Realty
LANDMARK COMMERCIAL REALTY,
INC.,
Plaintiff
V.
HUMBOLDT 68 LAND, LLC,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.:
Civil Action - Law
VERIFICATION
I, David Remmel, President, do hereby verify that the facts provided in the
foregoing Complaint are true and correct to the best of my knowledge, information and belief. I
understand that any false statements therein are subject to the penalties contained in Title 18 of
the Pennsylvania Consolidated Statutes Section 4904, relating to unsworn falsification to
authorities.
Dater l U
David emme , President
Landmark Commercial Realty, Inc.
7
Fmfm1w-,h-1,m
LAA"K
February 28, 2008
Mr. Gene Preston
Senior Vice President
elopment Partners
Higgins Dev
-??. r----?
408 Headquarters Plaza North
Morristown, NJ 07960
Brokerage Agreeawnt
;rt
THIS AGREEMENT is made this) 4' day of i &dc.rj 2008 between Landmark
Commercial Realty, Inc. hereinafter referred to as "BROKER", and Humboldt Land 68, LLC,
Delaware Limited Liability Corporation, hereinafter referred to as " .
WITNESSETH that said BROKER represents EXETER PROPERTY GROUP. L.P., in its
search for a suitable industrial investment opportunity in the Central / Northeast Pennsylvania
business market. In connection with that search, BROKER has produced EXETER PROPERTY
GROUP. L.P. as a prospective Buyer for the property and transaction described as follows:
68 Green Mountain Road, Hazleton, PA
400,260 SF Existing Vacant Warehouse Building
Humboldt Industrial Park
NOW, in consideration thereof, SELLER agrees to pay BROKER a procuring sales commission,
for brokerage services rendered, in the event a sale is consummated with above referenced
BUYER, its assignee, designee, partner, holding company, corporation, operating entity or any
other entity owned, managed or controlled by same. The commission shall be due and payable as
follows:
(1) Commission on Acquisition. SELLER shall pay BROKER a procuring sales
brokerage fee equal to one and a half (1.5019) percent of the gross mutually
acceptable purchase price. Said fee shall be in addition to any commission due
any listing broker, if any.
This agreement shall be binding upon the undersigned SELLER.
The terms of this commission agreement have been freely and openly negotiated between said
SELLER and BROKER.
EXHIBIT
Any notice with regard to this agreement shall be made in writing, and distributed as follows:
Broker: W Jason Grace CCLM SIOR
Dirtctor of Sales & L&Mina
Landmark Commercial Realty. Inc.
20 Erford Road. Suite 215
Lemoyne. PA 17043
717-731-1990 Ext. 3011
With a copy to:
Owner: Mr. Gene Preston
Senior Vice President
Higgins Development Partners
408 Headquarters Plaza North
Morristown. NJ 07960
973-889-0600 Ext. 8510
BUYER hereby aclmowledges receipt and review of a copy of the Consumer Notice prepared by
the Pennsylvania Real Estate Commission. A copy of the Consumer Notice is attached hereto as
Exhibit to this agreement.
IN WITNESS WHEREOF, INTENDING TONE LEGALLY BOUND, the parties hereto have
caused this agreement to be executed this-91V day of 2008.
SELLER: P???i,?.s /?r?l?;ti,:a?e,.? nt.l.::• ..r
By /YDate
Title t
BROKER: -? t L?1I CCIMM r[ c?t \ `(e4 C .
By Date
Title
05/20/2010 13:42 5706281261
SCH CO PROTHONOTARY PAGE 02
? ?? t r iOriQhSt 4'
aK L ?'7 Q ?U 2 J F i?ed for R? card in
/ BCHUYLRILL COMM PA
A ttATTNEW DUDISN.RECORDER OF DEEDS
O5.•t1-210 At 12:06 ca.
PREPARED BY: DEED 257217.00
CIR Sk. 2371, Pose 1:34 - 1291
2010ONX6t43
Frederic a,liogan, Esq. LAND SERVICES
602 E EALTTMORE PIKE STE 100
O'Rourke, Hogan, Fowler &. Dwyer MEDIA, PA 19063
10 S. LaSalle Street, Suite 2900
Chicago, Illinois 60603 ?01o(OppqS4t3
Gx6"t status - N
Stake inx f 128575.00
RECORD AND RETURN TO:
lax S 1375.
is 64287
.50 EAST UNION00TOWSHIP
Todd Chase, Esq. S 64287.50 HAZLETON AREA SCHOOL DISTRICT
Ca ;;7 ICAT;CB of P,: i1.11 N:U1W.'a 1S ony
DLA Piper LLP
6225 Smith Avenue DOES NOT CEPFY CONTENTS
p
Of THS D CUi4
Baltimore, Marfland 21209-3600 0T:e
Parcel Identification Number: 9-2-4(19THLTYLhILE COUNTY ASSESSMENT BUREAU
(Space Above this Linc for County Recorder's Use Only)
S pecial Warranty Deed
THIS INDENTURL, made this April 27, 2010, but effective as of April 30, 2010, by
Humboldt 68 Land, -L.C., a Delaware limited liability company ("Grantor"), and Exeter 68
Green Mountain I, L.P., a Pennsylvania limited partnership ("Grantee")
WITNESSETH, that Grantor, fnr and in consideration of the total gross purchase price
of S1 2,857,500.00 and other good and valuable consideration unto Grantor well and truly paid by
Grantee, at or before the scaling and delivery hereof, the receipt and sufficiency whereof are
hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these
presents does grant, bargain and sell, release and confirm unto Grantee, its successors and
assigns, all the real estate situated in the Township of Fast Union, County of Schuylkill, in the
Commonwealth of Pennsylvania legally described on Exhibit A attached hereto and incorporated
herein by referent.
UNDER AND SUBJECT, nevertheless, to the restrictions, covenants, easements and
conditions listed on Exhibit $ attached hereto and made a part hereof,
TOGETHER WITH all and singular the buildings and improvements, ways, streets,
alleys, driveways, waters. water-courses, rights, liberties, privileges, hereditaments and
amurtaoaaceS whatsoever unto the hereby granted premises belonging, or in anywise
appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, property, claim and demand whatsoever, of Grantor, as well at law as
in, equity, of, in and to the above described premises.
TO HAVE AND TO HOLD the said premises as above described, with the messuage or
tenement thereon erected, hereditatnents and premises hereby granted, or mentioned and
intended so to be, with the appurtenances, unto Grantee, its successors and assigns forever.
EXHIBIT
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111 Me ...._._
UNDER AND SUILIECT, as aforesaid.
SCH CO PROTHONOTARY
BK237OPG 1 286
PAGE 03
4ND Grantor, for itself, its successors and assigns, does covenant, promise and agree, to
and with the Chwttee, its successors and assigns, by these presents, that Grantor and its
successors, all and singular the hereditaments and premises hereby granted or mentioned and
intatded so to be, with the appu tenanees, unto the Grantee, its successors and assigns, against it,
the Grantor and its successors, and against all and every person and persons whomsoever
lawfully claiming or to claim the same or any part thereof, by, from or under it, them, or any of
them, shall and will, subject as aforesaid, WARRANT and forever DEFEND.
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed by its
authorized officer as of the day and year first above written.
Grantor:
HUMBOLDT 69 LAND, "C.,
a Delaware limited liability company
By: 140P Asset Co. Two, L.L.C.,
a Delawam limited liability company, a
member
By: PH ltrnstors, L,L.C., a Delaware
limited liability company, a
me r
By.
N
hs:
2
05!20./2010 13:42 5706281261
SCH CO PROTH014DTARY PAGE 04
BK237OPG 1287
STATE OF ILLINOIS) SS.
COUNTY OF COOK )
Acknowledgment
1, ffi'
n',t. a notary public in and for said County, in
the Stato oforesad, DO HEREBY`CERTIFY that.Q tt Pwvmal)y known to me to be both
a duly authorized member of the Board of Directors of PH Investors, L.L.C.. a Delaware limited liability
°OMMy. And a duly llu toriud repxesemtative of R DP Asset Co. Two, L.L.C, a Delaware limited
liability company, both of which limited liability companies are the only members of Humboldt 68 Land,
L.L.C., a Delaware limited liability company and duly qualified to transact business in the
Commonwealth of Pennsylvania, and personally known to me to be the same person whose name is
subscribed to tbo foregoing instrument, appeared before me this day In person and acknowledged that as
such duly autroriaad member of the Board of Directors and such duly authorized representative of the
said only members of Humboldt 68 Land; L.L.C., he signed and delivered the said inarnrnart, as his free
and voluntary act, and as the free and voluntary act and dead of said Humboldt 68 Lard, L.L.C., for the
uses and purposes thm+ein set ltntb.
3IVHN under my hand and official seal this T !y of 2010.
w
- ? Nobu f?Pmbfic?? -
dMaIAWI&PM2 Printed Name; 1 )ictnn??lti?d ?
Resident of: l?li)hn7t
Commission Expires:
C?'ti1NM? of tiwsidene.
I hereby certify (1) FOR THE nMPOSE OF t)ELIVERY OF TAX STATEMENTS and (2) FOR ALL
OTHER PURPOSES (including delivery of aswumcm chamge notices) the precbe residence / address of Granme is:
Exeter 68 Green Mountain ] L.P.
C/o Exeter Property Group. L.P.
2260 Butler Pike, Suite 200
Plymouth Meeting, Pennsylvania 19462
fibat de gNis
neadezese feftdeofHoa
oftae R:cardar'ef
Desch in
and far
Cuuosr orget?ylkill
:u?ICoaomaawsahhot
i'?nsylvagia
A. Manb -w Dodnb VA
Rem del Of Deeds
Exeter 68 Green Mountain L L.P. (Buyer)
By:
Name:
Title:
05/20/2010 13:42 5706281261
SCH CO PROTHD
NOTARY PAGE 05
BK237QPG 1 286
STATE OF I1.1 LAOIS )
COUNTY OF COOK ) SS.
Acknowledgment
ale Steee of C r.?_4 a ntrtary ?public in and for raid County, is
I DO rP°f?Y brown to me to be both
s duly xo& rued tm tbw of the Board of Direotlats of PH Investors, L.L.C., ¦ Dehtware fimited liability
cattPatty, sad a dally sutborimd eepmsaMtw of HDP Asset Co. Tsro, L.L.C., a Dolav me IbWted
Iiability company, both of which Iimiled liability eomtpanies are the only searobas of Humboldt 6E [And,
L.L.C., a DWawa+a IhWbd lisbithy 0084XsuY and duly quaUtied to trnnsact boshmm in the
Conunot WMkh of Peansylveois, and PaIORANY brown to me to be the cone person whose twee is
subscribed to the liofMog m0 mauk appeared bdbm sae this day m person aid Gold W)Wiped * as
such daily an&mfnd member of the Bored of Dkwtm and such duly andwruo4 mpsesw t gvc of the
aid only mesibm of % mboft 68 Lard, L.L.C.. be ri®eed said delhwW the said imstrnment, as bier fee
and vohmbW sot, and as the free and voluntary act and deed of said Ilumboldt 66 Land, L.LC, for the
um and Purposes dwain set lerth.
O1VEN under my bard sad official earl this 27-t* of i r 2010.
nw` t CF MMI TTowl PoMic/l
JglM IA,mm Ptimod turom
Resident oaf 1A)tn
Coramissloa 65cp1nes:
Oerd??eF ?rltMnm
1 bweby ow ft (1) POR THE PURPOSE OF DMWnY OF TAX STATHMFATy and (2) rOR ALL
OTHBR PURPOSES (inuNdiog dellva 7 ofassamwnt omb p nobams) IM preaye reWdewoa / address of Guntm ia:
Exeter 6B Gram Mountain 1, L.P.
do Meter Ptopaty Choup, L.P.
2260 Butler PBar, Subs 200
Plymouth Meeting, Pennayfvenia 14462
Exda 68 Careen Mcws4tin I, L.P. (Buyer)
1,14 4'?
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SCH CO PROTHONOTARY PAGE 06
8K2370PG 1 289
Exhibit A to sR29ial M%gm a: Deed
,e al DescriQt. 1, .
anPARCEL A
ALL THAT CERTAIN parcel of land as shown on Joseph T. Bristosky, PE, PLS drawing number (01-16-
116? (REVISED 04-01-04), entitled 'Lot 69 Hmnboidt Industrial Park Wert'', aituate in a park known as
Humboldt Industrial Park Wass, Township of Fast Union, county of Schuylkill, Commonwealth of
Pennsylvania, bounded and deserbbod as follows, to wit;
BEGINNING at a point on the northerly line of an eighty (80.00) foot wide right of way known as Green
Mountain Road, said point being furdrer described as being the soudwast corner of Lot No. 65;
THENCE along the easterly line of said lot North seven degrees thirty-four minutes twenty-one seconds
West (N 07°34'21" W) for a distance of one thousand four hundred one and eighty-six hundredths
(1,401.86) float to a point being the northeast corner of said lot, sold point being further described as being
on a southerly line of lands now or formerly of Can-Do, Inc.;
THENCE along a southerly line of said lands North eighty-one degrees thirty-nine minutes one second
East (N 81°39'01" E) for a distance of seven hundred fifty and eighteen hundredths (750.18) feet to a
point;
THENCE continuing along a southerly line of said lands on a curve to the left having it radius of one
thousand twenty-five (1,025.00) feet, an we length of forty and twenty hundredths (40.20) feet, to a point
being the northwest corner of Lot No, 69;
THENCE along the westerly line of said lot South seven degrees thirty-four minutes twenty-one seconds
East(S 07°34'21" E) for a distance of one thousand three hundred twelve and forty-four hundredths
(1,312.44) feet to a point being the northeast corner of Lot No. 69-A;
THENCE along the northerly line of said lot South eighty-two degrees twenty-one minutes thirty-six
seconds West (S 82'21'36" W) for a distance of one hundred (100.00) feet to a point being the northwest
corner of said lot;
THENCE aloq the westerly line of said lot South seven degrees thirty-four minutes twenty-am seconds
East (S 07°34'21" E) for a distance of one hundred (100.00) feet to a point being the southwest comer of
said lot, said point being further doscribed as being on the northerly line of the aforementioned right of
way known as Green Mountain Road;
THENCE along the northerly line of said right of way South eighty-two dogma twenty-one minutes
thirty-six seconds Wass (S 92°27'36" W) for a distance of six hundred ninety and twenty-nine hundredths
(690.29! feet to a point and the PLACE OF BEGINNING.
CONTAINING 1,101,754 SQ. FT. OR 25.293 ACRES
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PAGE 07
BK2370PG 1 290
EXCEPTING .AND RESERVING a twenty-five (25.00) foot wide utility easement known as Litility
Aasemm "A" described as follows to wit:
REGINNWG at a point being the northwesterly corner of Lot 68 and the northeasterly comer of Lot 65
and being on the southerly line of lands now or formerly of Can-Do, inc.
THENCE along the southerly line of said Can-Do, Inc. land North eighty-one degrees thirty-nine minutes
one seconds East (N 811139101" E) for a distance of thirty (39.00) feet to a point;
THENCE through said Lot 68 South seven degrees-thirty-four minuses twenty-one seconds Fast (S
07°34.21" E) for at distance of one thousand four hundred two and twenty-four hundredths (1,402.24) feet
to a point of the northerly line of an eighty (80.00) foot wide right of way known as Creen Mountain
Drive;
THENCE along the northerly line of said right of way South eighty4wo degrees twenty-live minutes
thirty-six seconds West (S 82°25'36" Art for ¦ distance of thirty (30.00) feet to a point being the
southwesterly corner of Los 68 and the southeasterly comer of Lot 65;
THENCE along the easterly line of said Lot 65 North seven degrees thirty-four minutes twenty-one
seconds West (N 07°34'21" W) for a distance of one thousand four hundred one and eighty-Six
hundredths (1,401.86) fat to a point and the PLACE OF BEGINNING.
CONTArNING 42,062 SQ. FT. OR 0.%6 ACRES
ALSO EXCEPTING AND RESERVING a twenty-flue (25.00) foot wide utility easement known as
Utility Easement '13", described as follows to wit:
BEGINNING at a point being the northwesterly comer of Lot 68 and the northeasterly oorti& of Lot 65
and bai.S on the southerly line of lands sow or formerly of Cm-Do, Inc.;
THENCE along the southerly line of said Can-Do, Inc, lands North eighty-one degrees thirty-oine
minutes one second East (N 81'39'01" E) for a distance of seven hundred fifty and eighteen hundredths
(750-18) feet to a point;
THENCE continuing along a southerly line of sold lands on a curve to the left having a radius of one
thousand twenty-five (1,025.00) feet, an arc length of forty and twenty hundredths (4010) feet to a point
being the northwest corner of Lot No. 69;
THENCE along the westerly line of said lot South Seven degrees thirty-four minutes twenty-one seconds
East (S 07°34'21" E) for a distance of twenty-free and three hundredths (25.03) feet to a point;
THENCE through Lot 68 on a curve to the right, having a radius of one thousand fifty (1,050.00) feet, an
arc length of thirty-nine and eighty-six hundredths (39.86) Poet to a point;
THENCE continuing through said lot South eighty-me degrees thirty-nine minutes one seconds West (S
81°39'01" W) for a distance of seven hundred fifty end fifty-two hundredths (750.52) feet to a point on
the westerly tine of said lot and the easterly line of Lot 65;
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SCH CO PROTHONOTARY PAGE 08
1'MalfltilT7aaaaa??nww
BX2370P6 1291
'1CE along the &Mly
one ne 9c seconds West lime of said Lot 65 North seven degrees thirty.fbu, minutes twenty-
PLACE OF BEC)(NINNINC3 07*G. 21" W) for a distance of twenty-five (25.00) feet to a point and the
CONfAIMNG 19,760 SQ. FT. OR 0.454 ACRES.
BEING the same premises which Greater HAZICIon Community Area New Development
Organization, Inc, Wa Can Do, Inc., s non-profit industrial development corporation by Deed
dared 6/312OW and recorded 6/9/2004 ho the Office of the Recorder of Dads in and for the
County of Schuylkill in Record book 2100 page 2197, granted and conveyed unto Humboldt 68
Land, LLC., a Delaware limited liabtltty company, in fee.
PARCEL E
TOGETHER WITH the benefits comined in the Aocess Easement Agreement from Can Do. Inc,
to Humboldt 68 Land, LLC. dated May 8, 2006 and recorded June 2, 2006 in Book 2205 page
2527,
Tex Parcel No. 9-2-4- (19)
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SCH CO PROTHONOTARY PAGE 09
BK2370PG 1291 A
at B to S"Cial Warramro
Penal od Encumbrm cs
I • Real Estate Taxes due or payable on or after the Closing Date,
2. That certain Lease Agreement, dated September 16, 2009, by and between Humboldt 68
Lend,.L.I,..C., as landkxd. and Graham Packaging Company, L.P., as tenant.
3. Easement Agree=M. es set forth in Book 2166, Page 242.
4• Restrictive Covenant made by Greater Haulton Community-Arta New Development
Orpni=ion, Inc., as set forth in Book 618, Page 26.
5. Coal and roincrais beneath the surface and the right to mine and remove same as may be
found in prior deeds forming the chain of title.
6. A-Ass Easement AVwment made by Greater Hazelton Community-Area New
Development CNWization, Inc., as set forth in Book 2205, Page 2527.
7. Right-of-Way Agreement to PPL Electric Utilities as set forth in Book 2278, Page 1100.
8. Conditions and otber matters as shown on map recorded in Map Book 50, Page 26.
9. Matters shown on that certain survey, last revised on January 8, 2009, prepared
Clough Harbour & Associates, LLP.
1 Landmark Commercial Realty, Inc.
20 Erford Road
Suite 216
Lemoyne. PA 17043
Bill To
Humboldt 68 Land LLC
Go Pritzker Realty Group LP
71 S Wacker Drive Suite 4700
Chicago, IL 60606
Attn: John Kevin Poorman, Esquire
Project
Property Address 68 Green Mountain Road
Hazelton, PA
Lessor/Seller Humboldt 68 Land LLC
Lessee/Buyer Exeter 68 Green Mountain LLP
SQFT 400,260
Consideration $0.00
Lease Term
Invoice
Date Terms Number
6/2/2010 Upon Receipt 7151
Primary Agent Grace, Jason
Lc,Jis J. Capozzi, Jr., Esquire*
Daniel K. Natirbofft Esquire
Donald R. Reavey, Esquire
Craig I. Adler Esquire
Bruce G. Baron, Esquire
Andrew R. Eisemann, Esquire
Michael M. Jerominski, Esquire
Dawn L. Richards. Esquire
Timothy Ziegler. Reimb. Analyst
Karen L. Fisher, Paralegal
Jennifer Kain, Paralegal
Keyoung J. Gill, Paralegal
• Qicmed in PA. NJ and MD)
CERIFIED MAIL/RETURN RECEIPT REQUESTED
Humboldt 68 Land LLC
Attn: John Kevin Poorman
c/o Pritzker Realty Group LP
71 S. Wacker Drive
Suite 4700
Chicago, IL 60606
Re: 68 Green Mountain Road
Hazelton, PA
Dear Mr. Poorman:
2933 North Front Sheet
Harrisburg, PA 17110
Telephone: (717) 233-4101
Fax: (717) 233-4103
www.capozziassociates.com
Mid-Penn Abstract Company
Charter Settlement Company
Telephone: (717) 234-3289
Fax: (717) 234-1670
I represent Landmark Commercial Realty Inc. in connection with its Brokerage
Agreement with you for the above-referenced property. A copy of that agreement is attached for
your ease of reference.
It has come to our attention that closing was completed on or about April 27, 2010 for the
sale of the above-described premises to Exeter 68 Green Mountain I, L.P., an affiliate of Exeter
Property Group, L.P. A copy of the deed of conveyance is also enclosed for your convenience.
In that closing has been completed, all conditions precedent to the requirement for
payment to Landmark of its brokerage fee per the Agreement have been satisfied. I therefore
enclose a bill in the amount of $192,862.50. Please remit payment at your earliest convenience.
If you have any questions, please do not hesitate to call.
Respectfully,
Capozzi & Associates, P.C.
By:
Craig I. Adler, Esquire
E EXHIBIT
June 16, 2010