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HomeMy WebLinkAbout11-8197//- 9197 mi-t) 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. Subcontractor Defendant. CERTIFICATE OF L KATION I HEREBY CERTIFY that the location of the Real Estate affected by this lien waiver is: Campus of Shippensburg University of Pennsylvania, Shippensburg Township and Shippensburg Borough, Pennsylvania 18301 CIVIL DIVISION No: L"I OCT 28 PH 42: s, i i_: 1l_riofL t1UUi'-, 1 WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR Code: Filed on behalf of COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPE 4SBURG 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 I?? al.6ss? 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 alien 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 fled 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 Property, 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 or in the name of Subcontractor. 2. This Waiver of Liens shall be an independent covenant which shall be binding on Subcontractor, notwithstanding any breach or 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 errors 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 Waiver of liens is void or unenforceable in accordance with its terms, the Subcontractor expressly consents and agrees that this Waiver 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 KMATA 3444099_1 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 WrIWFSS WHEREOF, the Subcontractor has duly executed this Waiver of Liens Stipulation By Subcontractor as of the date first above written. WrrNFSS: ?6 , 2,- &,A- . t?ou.?er tl?lechcin; ai (o?ra??r ? LLC, Y: Ti WITNESS: By: Title: Acknowledgement and Consent: THE UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW, ACKNOWLEDGE AND CONSENT TO THE FOREGOING WAIVER OF LIENS STIPULATION. Campus Apartments, Inc. By: Title: ?z Fortune-Johnson, Inc. ,r By: Title: PHDATA 3444o99 I A SUBCONTRACTORS' ACKNOWLEDGEMENT STATE OF ?C'u?nsy (t14 n COUNTY OF VrQ-yt' SS: BEFORE ME, a Notary Public of theCnaaL v, (2o in the state of 9khnns?hjima a , personally appeared l who acknowledged himself/herself to be the CY1ern6l- of s any A and that helshe, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of such corporation by himself/herself as such officer. AND HE/SHE FURTHER ACKNOWLEDGED THAT, as of this a!o day of Q? , 2011, 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. WrrNESS: klmf eV- Paeckanxtll ?AMALtr LQ By: Ti v SWORN TO AND SUBSCRIBED before me this o9tg':? day of, 2011. TMaR?? WTARKML PtMe No% QMN TMP, MICAPEME r -60 Mal Notary Public My Commission Expires PHDATA 3444m 1