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HomeMy WebLinkAbout04-3491STIPULATIONS AGAINST LIENS HIGH BAY, L.P. Owner/Borrower V. TRIPLE CROWN CORPOI~a~TION, INC. Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. 0'} . 3q q I M.L.D.~-. 2,004 WHEREAS, by Agreement dated this day of , 2004, High Bay, L.P., ("Owner/Borrower") contracted with Triple Crown Corpor~ttion), Inc., a Pennsylvania Corporation with principal place of business 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 Golden Triangle Industrial Park, 400,000 square foot warehouse/distribution buildings, 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 saic real estate and buildings against any and all mechanics' liens or claims, filed by Contractor anyone actin~ or claiming for, through or under Contractor or in violation of this agreement Contractor, for itself an~ all such aforesaid contractors, materialmen, employees and parties acting or claiming for, through under Contractor, hereby irrevocably authorizes and empowers any attorney of any Court of Commo Pleas of the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of record, a claim or claims, lien or liens filed by or for Contractor or in its or their name against the said real estat buildings; a copy of this Agreement, and a reference to the court, term and number or place in which tb agreement and waiver shall have been filed shall be sufficient exhibit of the authority herein contained warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quitclaim unto Owner/Borrower and their Lender, and their and each of their certain attorney or attorneys, any and 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 described 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 undertaldngs 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 , 2004. day o WITNESS: HIGH BAY, L.P. OWNER/BORROWER: BY: BULLDOZER INC., ITS GENERAL PARTNER WITNESS: CONTRACTOR: TRIPLE CROWN CORFORATION~NC. 2 COMMONWEALTH OF PENNSYLVANIA SS. COLrNTY OF D&UPHIN On this, the ~l/~%ay of - /~--9(/ , 2004 before me, a notary public, the undersigned personally ~l~pe)a~ed l~k X. DiSanto, known to me (or satisfactorily proven) to be the person whb~e name is subscribed to the attached instrument, and acknowledged that he executed the same COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amy L. Rabin, Notary Public Lowgr Paxton Twp., Dauphin County My Commission Expires Oct. 30, 2007 Member, Pennsylvania Association Of Notaries for the p~ N0ta~ Public EXHIBIT TRACT 1 ALL THOSE CERTAIN tracts of land located in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: PARCEL A BEGINNING at a point on the northern right-of-way line of Louis Farkway, said point being the southwestern corner of lands now or formerly of Pennsylvania Power and Light; thence along the northern right-of-way of Louis Park:way N87°44'47"W by a distance of 719.93' to a point; thence along the same NO2°IS'lY'E by a distance of 5.00' to a point; thence along the same Ng7°44'47"W by a distance of 50.00' to a point; thence along the same S02°15'I 3"W by a distance of 5.00' to a point; thence along the same NgT°44'47"W by a distance of 660.65' to a point; thence along Lot #2 N83°30'30"W by a distance of 778.19' to a point; thence along the lands now or formerly of Kirk and Cheryl Sunday N15°27'00"E by a distance of 39.41' to a point; thence along the lands now or formerly of the Appalachian National Scenic Trail N28°20'46"E by a distance of 1143.26' to a point; thence along the same N62°08'50"E by a distance of 918.33' to a point; thence along the lands now or formerly of Pennsylvania Power and Light S08°I 2'37"E by a distance of 638.36' to a point; thence along the same N76°12'45"E by a distance of 393.04' to a point; thence along the same S18°39'45"E by a distance of 1139.20' to a point, the place of BEGINNING. CONTAINING 2,104,574 square feet (48.31 acres) BEING Lot 1 on the certain Final Subdivision Plan 92-7D of Golden Triangle recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 89 at Page 47.