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HomeMy WebLinkAbout11-7669JVH EXCAVATING, INC., and Contractor STAGE 3/WINDING HILLS, LLC Equitable Owner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLYANI, ?co ° ter" rte'- rn Q No. c- WAIVER OF LIENS -` - CONTRACTOR'S WAIVER OF LIENS THIS CONTRACTOR'S WAIVER OF LIENS, made this 3rd day of October, 2011, between STAGE 3/ WINDING HILLS, LLC, a Pennsylvania Limited Liability Company ("Owner") with offices at 4075 Market Street, Camp Hill, Pennsylvania 17011, and JVH EXCAVATING, INC., a Pennsylvania Corporation ("Contractor") with offices at 700 Ayers Avenue, Lemoyne, Pennsylvania 17043 ("Contractor"). WITNESSETH: WHEREAS, Owner and Contractor have entered into an Agreement, on September 29, 2011 (the "Contract"), covering the work involved in site development, including, inter alia, grading, installation of public sanitary sewers, and street and curb construction ("Improvements"), located in Stage 3, Winding Hills Planned Residential Development, situated in Upper Allen Township, Cumberland County, Pennsylvania (the "Property"), as more fully described in Exhibit A. WHEREAS, no authorization has yet been given by Owner to Contractor to commence its work on the improvements or purchase of material for the 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 subcontractor or materialman. NOW, THEREFORE, Contractor, for itself, its successors and assigns and anyone else acting or claiming through or under Contractor, in compliance with Section 402 of the Mechanics' Lien Law, Act of 1963, August 24, P.L. 1175 (49 P.S. 1402), as amended by Act 34 of 2009, P.L. 298, effective October 13, 2009, for and in consideration of the Contract and in considerations mentioned therein, and intending to be legally bound, does hereby agree as follows: a) Recitals. The recitals set forth above are incorporated herein by reference. b) Subject Real Estate. As set forth above, the Improvements are to be erected or constructed upon a 20.13 acre tract, more or less, being located in Stage 3, Winding Hills Planned Residential Development, Upper Allen Township, Cumberland County, Pennsylvania, and the Property is more particularly bounded and described in Exhibit A attached hereto and made part hereof. C) Waiver of Lien. Contractor hereby waives and relinquishes all right 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 ?? 66 d, a the estate or title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the same of Contractor or 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 look to and hold Contractor liable for all subcontracts, materials furnished under the Contract for and about the completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. d) Independent Covenant. This Contractor's Waiver of Lien 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 completion of the said Improvements and as to any work and labor done and materials furnished under the Contract. e) Public Notice. This Contractor's Waiver of Liens shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused this Contractor's Waiver of Liens to be executed the day and year first above written. Owner: STAGE / IN NG HILLS, LLC By: (SEAL) Michael J. Greene, Manger By: (SEAL) Eric , Manger By: (SEAL) Max D. Marbain, Manager Contractor: JVH EXCAoVATING! C. By: iceTPliEsident (SEAL) ATTEST: - o5-?, 6?? - (Assistant) Secretary 462146 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY (STAGE 3, WINDING HILLS PLANNED RESIDENTIAL DEVELOPMENT Legal Description Stage 3 Winding Hills PRD Upper Allen Township, Cumberland County All that certain tract or parcel of land situated in Upper Allen Township, Cumberland County, Pennsylvania, lying on the southern side of Winding Hill Road (S.R. 2010) approximately 2,750 feet southeast of the U.S. Route 15 - Winding Hill Road interchange, being 2 separate parcels that make up Stage 3 of the Winding Hills Planned Residential Development more particularly described as follows. Parcel 1 BEGINNING at the intersection of the western line of Lot G of Winding Hills Stage Two (P.B. 93 Page 141) and the southern right-of-way of Old Barn Road; Thence along the western line of Lot G South 48 degrees 00 minutes 00 seconds West a distance of 397.09 feet; thence North 38 degrees 19 minutes 10 seconds West through the lands now or formerly of Upper Allen Investment, LLC (D.B. 279, PG. 1263) a distance of 255.90 feet to the southern right-of-way of Orchard Boulevard; thence along said southern right-of-way by a curve to the left having a radius of 530.00 feet, an arc length of 120.80 feet (a chord bearing North 54 degrees 31 minutes 45 seconds East a distance of 120.54 feet) to a concrete monument; thence continuing along the southern right-of-way of Orchard Boulevard North 48 degrees 00 minutes 00 seconds East a distance of 234.91 feet; thence by a curve to the right having a radius of 26.00 feet, an arc length of 40.84 feet (a chord bearing South 87 degrees 00 minutes 00 seconds East a distance of 36.77 feet) to the southern right-of-way of Old Barn Road; thence along the southern right-of-way of Old Barn Road South 42 degrees 00 minutes 00 seconds East a distance of 215.67 feet to the point and place of beginning. Containing 2.17 Acres. The above-described Parcel 1 specifically includes Lot H [as shown on Sheet 7 of 23 /Revised Stage 3, Final Subdivision and Land Development Plan]. Parcel 2 BEGINNING at the intersection of the northern line of Lot 124 of Winding Hills Stage Two (P.B. 93 Page 141) and the western right-of-way of Liberty Drive; Thence along northern line of Lot 124 North 55 degrees 15 minutes 20 seconds West a distance of 114.14 feet to the northern line of Lot 124; thence South 51 degrees 41 minutes 20 seconds West a distance of 11.91 feet to the eastern line of Open Space Lot 10 (OSL-10); thence along the eastern line of OSL-10 and continuing along the eastern and northern lines of Lot F of Winding Hills Stage Two (P.B. 93 Page 141) the following six (6) courses and distances: 1. North 22 degrees 53 minutes 45 seconds West a distance of 112.03 feet, 2. North 08 degrees 51 minutes 05 seconds West a distance of 87.85 feet, 3. North 03 degrees 00 minutes 00 seconds West a distance of 265.24 feet, 4. South 87 degrees 00 minutes 00 seconds West a distance of 164.84 feet, 5. by a curve to the right having a radius of 525.00 feet, an arc length of 164.93 feet (a chord bearing North 84 degrees 00 minutes 00 seconds West a distance of 164.26 feet), 6. North 75 degrees 00 minutes 00 seconds West a distance of 61.90 feet. Thence through the lands now or formerly of Upper Allen Investment, LLC (D.B. 279, PG. 1263) the following fourteen (14) courses and distances: 1. North 15 degrees 00 minutes 00 seconds East a distance of 50.00 feet, 2. by a curve to the right having a radius of 26.00 feet, an arc length of 26.28 feet (a chord bearing North 46 degrees 02 minutes 45 seconds West a distance of 25.17 feet), 3. by a curve to the left having a radius of 70.00 feet, an arc length of 27.15 feet (a chord bearing North 28 degrees 12 minutes 10 seconds West a distance of 26.98 feet), 4. by a curve to the right having a radius of 26.00 feet, an arc length of 24.65 feet (a chord bearing North 12 degrees 09 minutes 25 seconds West a distance of 23.73 feet), 5. North 15 degrees 00 minutes 00 seconds East a distance of 67.23 feet, 6. by a curve to the right having a radius of 820.00 feet, an arc length of 398.45 feet (a chord bearing North 28 degrees 55 minutes 15 seconds East a distance of 394.54 feet), 7. North 42 degrees 50 minutes 27 seconds East a distance of 194.85 feet, 8. by a curve to the right having a radius of 41.00 feet, an arc length of 64.40 feet (a chord bearing North 87 degrees 50 minutes 25 seconds East a distance of 57.98 feet), 9. South 47 degrees 09 minutes 33 seconds East a distance of 1102.88 feet, 10. South 42 degrees 00 minutes 00 seconds West a distance of 161.25 feet, 11. South 37 degrees 29 minutes 50 seconds West a distance of 50.15 feet, 12. South 42 degrees 00 minutes 00 seconds West a distance of 430.00 feet, 13. South 41 degrees 44 minutes 50 seconds West a distance of 50.00 feet, 14. South 38 degrees 31 minutes 00 seconds West a distance of 54.29 feet to the northern line of Lot 123 of Winding Hills Stage Two (P.B. 93 Page 141). Thence along northern line of Lot 123 North 58 degrees 15 minutes 40 seconds West a distance of 115.00 feet to the eastern right-of-way of Liberty Drive; thence along the eastern right-of-way line by a curve to the right having a radius of 335.00 feet, an arc length of 63.11 feet (a chord bearing North 37 degrees 08 minutes 10 seconds East a distance of 63.01); thence North 45 degrees 29 minutes 25 seconds West through Liberty Drive a distance of 50.03 feet to the western right-of-way of Liberty Drive; thence along the western right-of-way of Liberty Drive by a curve to the left having a radius of 385.00 feet, an arc length of 54.06 feet (a chord bearing South 38 degrees 46 minutes 00 seconds West a distance of 54.01 feet) to the point and place of beginning. Containing 17.62 Acres. The above-described Parcel 2 specifically includes (i) Lot Nos. 220-277 and OSL-14, (ii) a portion of OSL-11, (iii) a portion of the legal rights-of-way of Liberty Drive, McIntosh Drive, Northern Spy Drive and, (iv) the legal right-of-way of Spigold Court [as shown on Sheet 6 of 23 /Revised Stage 3, Final Subdivision and Land Development Plan].