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PROTHONOTARY: INDEX AGAINST ALL PARTIES AS
PLAINTIFF AND AGAINST ALL PARTIES AS DEFENDANT
WAIVER OF LIENS
WITNESSETH:
THIS INSTRUMENT, executed this 30'' day of April, 2012, by and between
BERKHEIMER EXCAVATION & HAULING INC, having an address of 1120 Baish
Road, Mechanicsburg PA 17055 (hereinafter "Contractor") in favor of BUMBLE BEE
HOLLOW LLC, a Pennsylvania limited partnership with an address of 225 North
Presidential Boulevard, Bala Cynwyd, Pennsylvania 19004 (hereinafter "Owner").
A. Contractor has entered into a written contract with Richmar
Builders, Inc., Owner's General Contractor, for the construction and installation of
certain site improvements on that certain premises known as Bumble Bee Hollow, as
described in Exhibit "A" (the "Real Estate") (such site improvements, and other
improvements related thereto being hereinafter referred to as the "Improvements"); and
B. It is the intention of Owner and Contractor that neither said Real
Estate, nor any subdivided portion thereof nor the Improvements erected or to be erected
thereon or installed therein shall be subject to a lien for debts due by Owner to Contractor
or by Contractor to any subcontractor for labor or materials furnished in the said
construction or installation, and that the right of anyone to claim any such lien be waived
hereby.
NOW THIS AGREEMENT WITNESSETH: That Contractor, for and in
consideration of the contract aforesaid and the consideration mentioned thereunder, as
well as the farther consideration of One ($1.00) Dollar to him paid by the Owner at or
before the sealing and delivery of these presents, the receipt of which is hereby
acknowledged, and intending to be legally bound hereby, does hereby covenant, promise
and agree, for Contractor and any and all subcontractors, materialmen, laborers and
parties acting for, through or under Contractor, that no mechanics' lien or claim or other
lien or claim of any kind whatsoever shall be filed or maintained against the Real Estate,
the Improvements or against any building or buildings, other improvements, lot of ground
or any part thereof, or the cartilage or cartilages appurtenant thereto, by anyone, and that
all subcontractors, materialmen and laborers shall look to and hold Contractor personally
liable for all subcontracts, materials furnished and work and labor done.
Contractor hereby covenants, promises and agrees that all subcontractors, material
suppliers, and laborers on the work shall look to and hold Contractor personally liable for
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all subcontracts, materials furnished and work and labor done, so that there shall not be
any legal or lawful claim of any kind whatsoever against Owner, or any other person with
an estate (including a leasehold estate) in the above-described property, for any work
done or labor or materials furnished under the Contract or otherwise.
AND this Agreement, waiving the right of lien by anyone, shall be an
independent covenant and shall operate and be effective with respect to work done and
materials furnished under any supplemental contract for extra work in the construction
and installation of the Improvements or any other improvements in the building as well as
to any work and labor done and materials furnished under the contract aforesaid.
In order to give Owner and any person having an estate in the Real Estate
(including a leasehold estate), full power and authority to protect itself and themselves,
the Real Estate, the buildings or the Improvements to be erected and constructed thereon,
and the cartilages appurtenant thereto, against any and all liens or clairn.s filed by the
Contractor or anyone acting under or through it in violation of the foregoing covenant by
Contractor, the Contractor hereby irrevocably authorizes and empowers any attorney of
any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as
attorney for it, them, or any of them, in any such Court, and in its or their name or names,
(a) to the extent permitted by law, to mark satisfied of record at the cost and expense of
Contractor or of any subcontractor, laborer or material supplier, any and all claims or
liens filed in violation of the foregoing waiver and covenant, or (b) to cause to be filed
and served in connection with such claims or liens (in the name of Contractor or any
subcontractor, laborer or material supplier, or anyone else acting under or through it) any
pleading or instrument, or any amendment to any pleading or instrument previously filed
by it or them, to incorporate therein, as part of the record the waiver contained in the
instrument, and for such act or acts this instrument shall be good and sufficient warrant
and authority, and reference to the court, term and number in which and where this
Waiver of Liens shall have been files shall be a sufficient exhibit of the authority herein
contained to warrant such action, and the Contractor for itself and or them does hereby
remise, release and quit-claim all rights and all manner of errors, defects and
imperfections whatsoever in entering such satisfaction or in filing such pleading,
instrument or amendment, or in any way concerning them. This power may be exercised
from time to time as often as shall be deemed necessary.
This agreement and Waiver of Liens is made and intended to be filed with the
Prothonotary of the Court of Common Pleas of the County of Dauphin, Commonwealth
of Pennsylvania, or other proper place in which the above-described lands are located,
within ten days after the date hereof in accordance with the requirements of law in such
case provided.
IN WITNESS WHEREOF, Contractor has executed this Agreement the day and
year above first written.
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BERKHEIMER EXCAVATION &
H U G INC.
D?-
BY:
Name: Eric Berkheimer
Title: President
COMMONWEALTH OF PENNSYLVANIA:
ss
COUNTY OF DAUPHIN
On this, the 30'h day of April, 2012, before me, the undersigned officer,
personally appeared Eric Berkheimer, who acknowledged himself to be the President of
BERKHEIMER EXCAVATION & HAULING, INC, and that he, being authorized to do
so, executed the within instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
L G?
NOTARY PUBLIC
MY COMMISSION EXPIRES:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Penny M. Shealy, Notary Public
Lower Paxton Twp., Dauphin County
My Commission Expires Sept 15, 2013
Member, Pennsylvania Association of Notaries
LEGAL DESCRIPTION
FOR
BUMBLE BEE HOLLOW
ALL THAT CERTAIN tract of land situate in the
Township of Upper Allen, County of Cumberland, Commonwealth of
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point at the intersection of the Eastern right-of-
way line of Rider Lane and the Southern right-of-way line of U.S. Route
15, THENCE by the Southern right-of-way line of U.S. Route 15, North
41 degrees 07 minutes 57 seconds East, a distance of 404.54 feet to a
point; THENCE by same, North 37 degrees 39 minutes 40 seconds East, a
distance of 327.61 feet to a point; THENCE by same, North 40 degrees
50 minutes 30 seconds East, a distance of 282.29 feet to a point;
THENCE by same, North 34 degrees 31 minutes 11 seconds East, a
distance of 200.56 feet to a point; THENCE by same, South 30 degrees
45 minutes 45 seconds West, a distance of 202.53 feet to a point;
THENCE by same, North 51 degrees 14 minutes 15 seconds East, a
distance of 155.14 feet to a point; THENCE by same, North 44 degrees
22 minutes 41 seconds East, a distance of 203.59 feet to a point;
THENCE by same, North 36 degrees 26 minutes, 59 seconds East, a
distance of 151.70 feet to a point; THENCE by same, North 32 degrees 59
minutes 37 seconds East, a distance of 101.24 feet to a point; THENCE
by same, North 16 degrees 12 minutes 03 seconds East, a distance of
106.83 feet to a point; THENCE by same, North 37 degrees 18 minutes,
39 seconds East, a distance of 259.36 feet to a point; THENCE South 35
degrees 04 minutes 30 seconds East, a distance of 94.07 feet to a point;
THENCE North 52 degrees 09 minutes 52 seconds East, a distance of
45.00 feet to a point on the westerly right-of-way line of Old Hollow
Road; THENCE by same, by a curve to the left having a radius of 741.20
feet, an arc distance of 132.24 feet to a point; THENCE by same, South
48 degrees 03 minutes 28 seconds East, a distance of 66.31 feet to a point;
THENCE by same, North 56 degrees 35 minutes 52 seconds East, a
distance of 1.32 feet to a point; THENCE by same South 48 degrees 03
minutes 28 seconds East, a distance of 141.56 feet to a steel re-bar (set);
THENCE by same, by a curve to the right having a radius of 343.27 feet,
an are distance of 164.55 feet to a point; THENCE by same, South 20
degrees 35 minutes 30 seconds East, a distance of 130.00 feet to a point;
THENCE by same, South 20 degrees 35 minutes 30 seconds East, a
distance of 219.80 feet to a point; THENCE by same by a curve to the
left having a radius of 180.00 feet, an arc length of 107.49 feet to a point;
THENCE South 20 degrees 28 minutes 15 seconds East, a distance of
63.84 feet to a point; THENCE South 27 degrees 24 minutes 58 seconds
East, a distance of 178.18 feet to a point in Bumble Bee Hollow Road;
THENCE through Bumble Bee Hollow Road and by lands now or late of
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Loring L. Thomas, South 02 degrees 35 minutes 59 seconds East, a
distance of 524.61 feet to a steel re-bar (set); THENCE by lands of Loring
L. Thomas and Grantham Heights, South 39 degrees 17 minutes 22
seconds West, a distance of 873.66 feet to a steel re-bar (found);
THENCE by land of Grantham Heights, South 89 degrees 59 minutes 47
seconds West, a distance of 398.80 feet to an angle iron (found);
THENCE by same, North 58 degrees 57 minutes 25 seconds West, a
distance of 748.13 feet to a point; THENCE South 85 degrees 07 minutes
00 seconds West, a distance of 498.35 feet to a point on the eastern right-
of-way line of Rider Lane; THENCE by same, North 41 degrees 06
minutes 29 seconds West, a distance of 52.25 feet to a point; THENCE
North 35 degrees 16 minutes 57 seconds West, a distance of 163.35 feet to
a point, the place of BEGINNING.
THE ABOVE-DESCRIBED PREMISES BEING composed of
property conveyed by (1) Bumble Bee Hollow Road Partnership to
Klipsen Enterprises, Inc. dated December 14, 1989 and recorded in
Cumberland County Deed Book I, Volume 34, Page 1135 (Tax Parcel 42-
11-0276-008); (2) property conveyed by George T. Mummau and Beth A.
Mummau, his wife, to Klipsen Enterprises, Inc. by virtue of a Deed dated
December 11, 1992 and recorded in Cumberland County Deed Book A,
Volume 36, Page 926 (Tax Parcel 42-11-0276-040); (3) property
conveyed by Deborah Eckstein Ralph formerly known as Deborah M.
Long and David E. Ralph to West Shore Golf, Inc. by virtue of a Deed
dated July 21, 2000 and recorded in Cumberland County Deed Book 225,
Page 890 (Tax Parcel 42-11-0276-008B); and (4) property conveyed by
Patricia D. Shelton., formerly Patricia D. Eckstein, and John W. Shelton to
Bumble Bee Hollow Sports, Inc. dated April 29, 1988 and recorded in
Cumberland County Deed Book 176, Page 968 (Tax Parcel 42-11-0276-
007).
Klipsen Enterprises, Inc. and Bumble Bee Hollow Sports, Inc.
were merged into Bumble Bee Hollow Golf, Inc. by Articles of Merger
filed with the Pennsylvania Department of State on May 4, 2001.
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