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HomeMy WebLinkAbout11-78294x? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION, a body corporate and politic constituting a public corporation and instrumentality under the laws of the Commonwealth of Pennsylvania; and SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INCORPORATED, a Pennsylvania nonprofit corporation, Owners Plaintiffs, vs [*1 Gill-Simpson, Inc.. Subcontractor Defendant. CERTIFICATE OF LOCATION I HEREBY CERTIFY that the location of the Real Estate affected by this lien waiver is: Campus of Shippensburg University of Pennsylvania, Shippensbwg Township and Shippensburg Borough, Pennsylvania 18301 CIVIL DIVISION No: / / _ 1 ?%2_1 / ' LD WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR Code: Filed on behalf of: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION; and SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INCORPORATED Owners/Plaintiffs Counsel of Record for Shippensburg University of Pennsylvania of the State System of Higher Education: Jacqueline Morrow, Esq.. Pa. I D. No.. 37222 2986 North Second Street Harrisburg, PA 17110 cas k Fri 7jCJ f'1 vt_Z4661 ?z WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR THIS WAIVER OF LIENS STIPULATION (this "Waiver- of Liens' is made on. Augyg ao , 2011 by, Gill-Simms. on,? inc , a Maryland corporation, 9449 Earley Drive, Hag Ens Own, MD 21740 (address) (hereinafter the "Subcontractor''). WITNESSETH: WHEREAS, Shippensburg University of Pennsylvania of the State System of Higher Education ("Shippensbarg") owns or, pursuant to an agreement with the Commonwealth of Pennsylvania Department of General Services ("DGS"), has occupancy, custody and control of certain property located on Shippensbuig's campus being partially located in both Shippensburg Township and Shippensburg Borough, Cumberland County, Pennsylvania, which is depicted on Exhibit A (the "Property'); WHEREAS, Shippensbuig University Student Services, Incorporated ("SUSSI" and, together with Shippensburg and DGS, the "Owners") is or will be a tenant and/or licensee of the Property; WHEREAS, SUSSI has entered into a development agreement relating to the development of the Property with Campus Apartments, Inc (the "Developer-"); and WHEREAS, pursuant to a contract or contracts between Fortune-Johnson, Inc (the "Prime Contractor") and the Developei (the "Prime Contract"), the Prime Contractor has agreed to supply labor, materials and services and perform certain construction and demolition work upon the Property (the "Work").. Terms used in this Waiver of Liens which are defined in the Pennsylvania Mechanic's Lien Law of 1963, as the same has been and may be amended from time-to-time in the future (the "Mechanic's Lien Law"), shall have the meanings assigned to them in the Mechanic's Lien Law unless otherwise defined in this Waiver of Liens; WHEREAS, Subcontractor has entered or will enter into a contract to supply or cause to be supplied labor, materials and services and/or perform or cause to be performed certain work which will be incorporated into, and form a part of, the Work (the "Subcontract" and together with the Prime Contract, collectively, the "Contracts"); and WHEREAS, the Developer and/or the Contractor has posted or will post a bond guaranteeing payment for labor and materials provided by subcontractors (which term, as defined in the Mechanic's Lien Law, includes, without limitation, sub-subcontractors) in connection with the Work; and WHEREAS, the Owners, Contractor and Subcontractor will benefit from the Work on the Property. PHDAIA 34440991 NOW, THEREFOR, in consideration of the foregoing premises, the covenants and agreements contained in the Contracts, and intending to be legally bound hereby, the Subcontractor, for itself and its successors and assigns, does hereby covenant, stipulate, promise and agree as follows: 1. That no lien or right to file a lien or claim against the Work, SUSSI's interest in the Property, any improvements on the Property (collectively, the "Improvements") or the respective estates, rights, titles or interests of the Owners (collectively, "Interests"), or any part or parts thereof shall accrue or exist in the Subcontractor; that no mechanics' lien or claim or materialmen's lien or other lien or claim of any kind whatsoever shall be filed or maintained against the Work, Property, Improvements or Interests or, any part or parts thereof or the appurtenances thereto, by or in the name of the Subcontractor for work done or for any labor, tools, equipment, materials, supervision or other services furnished by Subcontractor under the Subcontract or- any supplements or changes thereto, written or oral, for and about the Work, the Prupeaty, the Improvements or the Interests or any parts thereof, or on credit thereof, nor shall any claim or liability for such labor or materials or work performed arise, exist or be filed against any of the Owners, their respective successors (including, successors in interest) or assigns by of in the name of Subcontractor, 2. This Waiver of Liens shall be an independent covenant which shall be binding on Subcontractor, notwithstanding any breach of default under the Subcontract and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the Work.. It is the full intent of the Subcontractor under this Waiver of Liens and the Subcontract, that the right to file a mechanic's lien or other claim, under the provisions of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the erection, construction, demolition or repairs of the Work, is forever, absolutely and irrevocably hereby waived. 3. In order to give the Owners full power and authority to protect themselves, and the Work, the Property, the Improvements and the Interests against any and all claims filed by or in the name of the Subcontractor in violation of the foregoing covenants, the Subcontractor, for itself, its successors and assigns, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear, for Subcontractor, in any such Court as Attorney for Subcontractor, and in his or its name, mark satisfied of record, at the cost and expense of the Subcontractor or in his or its name, any and all mechanics' liens or claims or materialmen's liens or claims or other liens or claims of any kind whatsoever filed or maintained against the Work, the Property, the Improvements or the Interests or any parts thereof or the appurtenances thereto, and for such act or acts this shall be good and sufficient warrant and authority and a reference to the Court and to the docket in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Subcontractor does hereby release all etrors and defects whatsoever in the entry of any such satisfaction or the exercise of the authority hereby conferred. In the event that any court of competent jurisdiction shall determine that any provision of this Waivei of Liens is void of unenforceable in accordance with its terms, the Subcontractor expressly consents and agrees that this Waivei of Liens may be modified by said Court such that the offending provision shall be of no further force and effect, but the remainder of this Waiver of PHDAIA 34440991 Liens, and all other terms and conditions hereof, if any, shall continue to be binding on the Subcontractor and all parties claiming in the name of or on behalf of the Subcontractor. 4. THIS WAIVER OF LIENS, at the election of the Owners, may be filed in the office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Mechanic's Lien Law, and the receipt for such filing will be delivered to the Owners.. This Waiver of Liens shall be binding upon the Subcontractor, its successors and assigns, and anyone filing a mechanic's lien or other- claim in the name of or for or on behalf of the Subcontractor.. IN WITNESS WHEREOF, the Subcontractor has duly executed this Waiver of Liens Stipulation By Subcontractor, as of the date first above written, WITNESS: [ Gill-Si c Inc. ] By: Rymer Title: ..I . R-innai Manager _ WITNESS: Acknowledgement and Consent: By: _ Title: THE UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW, ACKNOWLEDGE AND CONSENT TO THE FOREGOING WAIVER OF LIENS STIPULATION,. Campus Apartments, Inc.. Fortune-Tohnson, Inc.. By: By: Z?4 Title: Se rN Title: &. vkw- =E;T PHDAI A 3444099_1 SUBCONTRACTORS' AM WLEDGEMENT S IAIE OF Maryland COUNTY OF Allegany SS: BEFORE ME, a Notary Public of the in the state of Maryland , personally appeared Kmd., a Ramer . who acknowledged himselfTherself to be the Wei Re oral Menu of (;;11_Simg= Inc_ , and that he/she, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the as= of such corporation by himselDherself as such officea AND HBISHE FURTHER ACKNOWLEDGED THAT, as of this 1Ath day of .August, 201I, no work had begun upon the property of the Owners referred to in the foregoing instrument at the campus of Shippensburg University of Pennsylvania, Shippensburg Township and Shippensburg Borough, Cumberland County, Pennsylvania by the Subcontractor, nor has the Subcontractor provided or supplied any labor, materials or services in connection with the Work or on or for the benefit of the Property WITNESS: L- Gill-Qim Inc. --- By. ?avmer Title: Western Regional Mamga SWORN TO AND SUBSCRIBED before me this 1 OHS day of Aueust, 2011. Public Mr ? WTAR* PUKIC COU1dy 41M? •?;a,?? GRb11 ? per j?po IM, 2012 PHDAIA 3444049_7