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HomeMy WebLinkAbout04-3490STIPULATIONS AGAINST LIENS JOHN M. DISANTO and MARK X. DISANTO Owners/Borrowers TRIFLE CROWN CORFORATION~ INC. Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. Oq- 5qqo M.L.D.I~. 2004 and John M. DiSant% ("Owner/Borrower") contracted ~vithl Triple Crown Corporation, Inc., a Pennsylvania Corporation with principal place of businesg at 5351 Jaycee Avenue, Harrisburg, PA 17112, ("Contractor"), for work and services relating to the construction and construction supervision of a project upon the real estate described in Exhibit "A' and attached hereto and made a part hereof, and WHEREAS, the project is to consist of the construction of the Woods Drive Industrial Park, in Silver Spring Township, Cumberland County, Pennsylvania. WHEREAS, 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 their 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 their 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 qu~clai~ unto Owner/Borrower and their Lender~ and their and each of their certain attorney c attorneys, any and all manner of errors, defects and imperfections whatsoever in entering suc 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 o Common Pleas of Cumberland County, Pennsylvania, or other proper place in which the above describer 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 this day o ,2004. WITNESS: OWNER/BORROWER: ~/M. DISANT~' - WITNESS: CONTRACTOR: COMMONWEALTH OF PENNSYLVANIA : COUNTY OF D&UPHIN i SS. On this, the ~(/7~ day of "~J/ ', 2004 befi ' '"--- ore me, a notary public, the undersigned personally appe~d ~ M. DiSanto and Mark X. DiSanto, known to me (or satisfactorily proven)~t6 be ~he persons whose names are subscribed to the attached instrument, and acknowledged that they executed the same for the purpose therein contained. COMMONWEALTH OF PENNSYLVANIA Notadal Seal Amy L. Rabin, Notary Public Lower Paxton Twp., Dauphin Counbj My Commission Expires Oct. 30, 200/ Member, Pennsylvania Association Of NotAries ALL THAT CERTAIN lot of tract of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, and being more particularly bounded and described in accordance with a Plan by R.J. Fisher & Associates, Inc., for Woods Drive Industrial Park dated May 15, 2003, Drawing No. 203003-D, as follows, to wit: BEGINNING at a point at the intersection of the eastern right-of-way line of Woods Drive Relocated with the northern right-of-way line of Commerce Drive extended; thence continuing along the eastern right-of-way line of Woods Drive relocated the following (4) four bearings and distances: North 56 degrees 51 minutes 45 seconds West a distance of 1,279.26 to a point; thence by a curve to the right, said curve having a radius of 670.00 feet and an arc distance of 436.42 feet to a point; thence North 19 degrees 32 minutes 30 seconds West a distance of 121.37 feet to a point; thence North 02 degrees 39 minutes 58 seconds West 51.67 feet to a point on the southern right-of-way line of US Route 11 (S.R. 0011); thence along the same the following (5) five bearings and distances: North 72 degrees 43 minutes 15 seconds East 47.21 feet to e point; thence North 17 degrees 16 minutes 45 seconds West 10.00 feet to a point; thence North 72 degrees 43 minutes 15 seconds East a distance of 413.18 feet to a point; thence by a curve to the left, said curve having a radius of 3,185.38 feet and an arc distance of 273.34 feet to a point; thence North 67 degrees 48 minutes 15 seconds East a distance of 694.25 feet to a point at lands now or formerly of PP&L West Shore Server; thence along said lands South 43 degrees 31 minutes 53 seconds East a distance of 170.00 feet to a point; thence along the same South 43 degrees 26 minutes 48 seconds East a distance of 1,049.88 feet to a point on the northern right-of-way line of Commerce Drive Extended (T-546); thence along the same South 44 degrees 14 minutes 48 seconds West a distance of 1,141.34 feet to a point, said point being the PLACE OF BEGINNING. CONTAINING 46.320 acres, more or less. BEING THE SAME PREMISES which Jane Rambo Stewart and Mellon Bank, NA, formerly Girard Trust Bank, surviving Executors of the Estate and under the Last Will and Testament of Alexander Stewart, deceased, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Mark X. DiSanto and John M DiSanto.