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HomeMy WebLinkAbout12-3868 PENNSYLVANIA Form K3 Waiver of Liens /C-"-? 3 Commonwealth of Pennsylvania 49 PA. CONS. STAT. § 1402 Payc l : i0-t1 ' IVM .30 CONTRACTOR'S WAIVER OF LIENS TO BE INDEXED AGAINST: ??VTn?? t??ontractor) AS PLAINTIFF FOR INDEX PURPOSES V. (Owner) T U'l AS DEFENDANT FOR INDEX PURPOSES - rI AND -- ?a (Tenant) -' AS DEFEND FOR INDEX PURPOSES AND -(Contractor) PLAINTIFF FOR INDEX PURPOSES V. (Owner) AS DEFENDANT FOR INDEX PURPOSES AND Tenant) AS DEFENDANT FOR INDEX PURPOSES [NOTE: COMPLETING THIS PAGE WILL FACILITATE INDEXING BY PROTHONOTARY] G1 M_Rev2_Sept0a d 7' ?L?,QItiaP.? ?(_'C9 • • PENNSYLVANIA Form K3 Waiver of Liens Commonwealth of Pennsylvania Continued - Page 2 49 PA. CONS. STAT. § 1402 WHEREAS, 1'Y?, A"r("Owner) has entere into a certain construction agreement described on Exhibit "A" hereto (the "Contract") with d, r' ("Contractor"), to provide materials and perform labor necessary for the construction of certain improv ents (the ,Improvements") as described on Exhibit "A" here- to on the property identified on Exhibit "A" hereto and further described on Exhibit "B" hereto (the 'Property"); and WHEREAS, as a condition of the Contract, Contractor has agreed to execute a waiver of mechanics' liens. NOW. THEREFORE, Contractor, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agrees with Owner and all subsequent owners of the Property as follows: Contractor, for itself and anyone else acting through or under Contractor, represents, warrants, covenants and agrees that no mechanics', materialmens' or other liens or notice of intention to file any lien has been or shall be filed or maintained by Contractor or anyone else acting through or under Contractor, against the Improvements or the Property for or on account of any work done or materials furnished under the Contract and/or by or through Contractor. Contractor for itself and anyone else acting or claiming through or under Contractor, hereby irrevocably and forever waives and relinquishes any and all rights to file a mechanics', materialmens' or other lien or notice of intention to tile such lien. This waiver is and shall be construed as a separate and independent covenant and shall be operative and effective with respect to any and all work done and materials subsequently furnished under any supplemental contract or contracts for extra; different or subsequent work and/or materials, although the covenant might rot be referred to therein, and to work and labor to be done or materials to be furnished under the Contract. Contractor, any subcontractor and any other person who shall have filed any such claim or lien shall indemnify, defend and hold Owner free and harmless against the claim or lien, and against all direct, indirect and consequential damages, claims, costs, expenses and other losses resulting in any way from the filing of any claim or lien, and shall pay or cause to be paid to Owner the amount of its loss, with interest and all expenses incident to their having dis- charged or attempting to have discharged the claim or lien, including attorneys' fees, costs and other disbursements. Contractor hereby represents and warrants that no work of any kind or nature has yet been done on the Property, under the Contract or otherwise, and no materials whatsoever have as yet been furnished to the Property by anyone under, toward or in connection with the execution or performance of the Contract and that no such work shall be done and no such materials shall be furnished until receipt of notice from Owner authorizing the same. The provisions of this Waiver of Liens are severable. Any provision of this Waiver of Liens which shall be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions shall nev- ertheless remain in full force and effect. G L. M-Re"? _Se otih • • PENNSYLVANIA Form K3 Waiver of Liens Commonwealth of Pennsylvania Continued - Page 3 49 PA. CONS. STAT. § 1402 Contractor, intending to be legally bound hereby, has executed this Waiver of Liens this day of 20 I*2- CONTRACTOR By: - -- Name: ?1n3 <• ,of?y _ __ Title: Address: ?•.. _?_?_?` fin. ?, r 7J?I ?S Lc COMMONWEALTH OF PENNSYLVANIA SS. OF LtG? % On this, the?Rv day of hU41 -, 20 L0 'before me, a Notary Public for the Commonwealth of Pennsylvania. the undersigned officer, personally appeared kA11CL' 1Z (- who acknowledged himself/herself to be the of and that he(she) as such Officer, being authorized to do so, executed the f egoing instru ent for the purposes therein contained, by signing the name of the corporation by himself/herself as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (Notarial Seal) My Commission Expires: G1 A.1_Re r2 _SeptC'4 ALL THAT CERTAIN tract or parcel of land being situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Summit Way, said point being the southern corner of Lot 24; thence North 50 degrees 00 minutes 17 seconds West., a distance of 210.24 feet to a point at the western comer of Lot 24 and the southern line of lands of others; thence South 74 degrees 31 minutes 45 seconds West, a distance of 210.58 feet to a point at the northwestern corner of Lot 22; thence along the northern line of Lot 22, South 62 degrees 23 minutes 43 seconds East, a distance of 348.44 feet to a point on the northern right-of-way line of Summit Way; thence along Summit Way by a curve to the right having a radius of 460.00 feet and an arc length of 99.48 feet to a point, the point and place of BEGINNING. CONTAINING 35,253 sq. ft. (0.81 acre) having an address of 1406 Summit Way, Mechanicsburg, Pennsylvania 17050. BEING Lot 23 as shown on the Plan entitled "Final Subdivision Plan for Hampden Summit Phase 4", prepared by R J. Fisher and Associates, Inc., recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Plan Book 94, Page 52. UNDER AND SUBJECT to an existing Storm/Sanitary Sewer Easement as shown on the above referenced Plan Construction Agreement This agreement madt `, 2012 by and between Tiday Property Management, LLC (hereinafter referred to as "Contractor") of Carlisle, Cumberland County, Pennsylvania, and Solomon Cramer (hereinafter referred to as "Buyer") of Middletown, Pennsylvania. WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the parties hereto agree to the following terms and conditions: Article 1 The Contract Documents 1.1 The Contract Documents consist of this Agreement, the Drawings, the Specifications, all addenda issued prior to and, all Modifications issued after execution of this Agreement. These form the Contract, and are all fully a part of the Contract as if attached to the Agreement or repeated herein. 1.2 The Contractor agrees to furnish all the materials, perform all the labor, pay for all subcontractors, supply all necessary supervision and any other items which may be necessary for the construction of a single family home upon the property'of Buyer, which property is located and situated at Lot 23 Hampden Summit, Hampden Township, PA. The said work shall be performed in accordance with certain plans and specifications known as Exhibit (A) Residential New Construction Specifications provided by Tiday Property Management, LLC pages 1 thru 10, Exhibit (B) Tiday to Cramer dated April 20th, 2012 and Exhibit (C) Building Plan as signed by both parties. Article 2 Contract Price 2.1 Buyer shall pay to the Contractor the sum i- in strict accordance with Article 3, herein below, and subject to additions and/or deductions by change order, as provided in Article 8 of this contract. Article 3 Payments 3.1 Buyer agrees to make an initial nonrefundable payment of $10,000 Article 4 Final Payment ?f? 4.1 Final payment constituting the unpaid balance of the Contract Price, as adjusted by Change Orders shall be due and payable when the Project is delivered to the Buyer, ready for beneficial occupancy, or when the Buyer occupies the Project, whichever event first occurs, provided that the project is then substantially completed and this Agreement substantially performed. If there should remain minor items to be completed, the Contractor shall deliver in writing, his guarantee to complete said items within a reasonable time thereafter. Further, Buyer may withhold 150% of the estimated value of the completion of the minor item. Article 5 }7 Time of Commencement and Substantial Completion 5.1 The work to be performed under this contract shall be commenced on or about April 20th, 2012. Contingent upon the obtaining of all applicable building permits, or thirty (30) days after the date Buyer has fulfilled all obligations required by Article 6 of this Contract, and except otherwise provided or permitted by the Contract, and shall be substantially completed no later than April 20th, 2012. 5.2 The date of Substantial Completion of the Contract Work is the date when construction is sufficiently completed in accordance with the Contract Documents so the Buyer can occupy the construction work. Warranties called for by this Agreement shall commence on the Date of Substantial Completion of the construction work. Article 6 Information and Services Required of the Buyer 6.1 The Buyer shall, at the request of the Contractor, furnish to the Contractor reasonable evidence that he has made financial agreements to fulfill his obligations under the Contractor. Unless such reasonable evidence is furnished, the Contractor is not required to commence the Work. Article 7 Obligations of the Contractor 7.1 The Contractor shall secure and pay for: necessary approvals; easements; assessments; building permits, fees, or licenses; charges required for the construction; and use or occupancy of permanent structures or for permanent changes in existing facilities. The Builder shall pay for easements, assessments, sewer approval, and hookup fees. 7.2 Contractor will provide all construction, supervision, inspection, labor, materials, tools equipment, and subcontracted items necessary for the execution and completion of contract work, including labor and material for sewer and water hookup. JS? 7.3 Contractor will pay all sales, use, gross receipts, and similar taxes related to the Contract Work to be provided by the Contractor, which taxes have been legally enacted at the time of execution of the agreement. 7.4 The Contractor warrants to the Buyer that all materials and equipment incorporated into the Contract Work will be new unless otherwise specified, and that all Contract Work will be performed in a good and workmanlike manner, in conformance with the Contract Documents. 7.5 Contractor shall be responsible for the acts and omissions of its employees and all subcontractors engaged by Contractor, their agents and employees, and all other persons performing any of the work under this contract on behalf of or with the Contractor. 7.6 The Contractor shall be responsible for the excavation. 7.7 Contractor will be responsible for gas, electric, and cable hook-up. Article 8 Changes 8.1 Upon reasonable request of the Buyer, Contractor. may make changes, additions, or alterations, but the Contractor shall not be required to do so until the parties have executed a written change order, which will become part of this contract. The Buyer agrees to make requests concerning any changes, additions, or alterations in the work to the. Contractor, and not to the workers, including subcontractors on the job. Article 9 Correction of Work 9.1 The Contractor shall correct any work that fails to conform to the requirements of the Contract Documents and shall remedy the defects due to faulty materials, equipment, or workmanship, which appear within a period of one (1) year from the date of Substantial Completion of the Contract. The provisions of this paragraph apply to work done by subcontractors, as well as to work done by direct employees of the contractor. This Limited Warranty shall have no force and effect until the Contractor has received full payment of the Contract Price stated above. 9.2 The Contractor assigns to the Buyers to the extent they are assignable, all rights under manufacturer's warranties on appliances, equipment, fixtures, and consumer products included in the house and located on the Owner's Property. The Contractor provides no warranties relating to manufactured or consumer products. This contract contains all of the representations, warranties, and promises of the Contractor. No agent or representative of the Contractor is authorized to make any representation or promise on behalf of the Contractor other than those contained herein and the Contractor .S,S makes no other warranties, expressed or implied, including, but not limited to, the warranties of good workmanship, habitability, and fitness of purpose. Article 10 Release of Liens 10.1 Can be supplied at settlement. Article 11 Release of Liens 11.1 All claims, disputes, and other matters in question between the parties to this Contract, arising out of, or relating to this Contractor, or any breach of this Contract, will be decided by arbitration unless the parties otherwise mutually agree in writing. 11.2 The parties agree upon one arbitrator, otherwise there shall be three, one named in writing by each party of the Contract within ten (10) days after notice of arbitration is served by either party upon the other, and a third arbitrator selected by these two (2) arbitrators within ten (10) days thereafter. No one shall serve as an arbitrator who is in any way financially interested in this Contract or in the affairs of either party hereto. 11.3 This Agreement to arbitrate shall by specifically enforceable under the prevailing arbitration laws. The award rendered by the arbitrator(s) will be final and binding and judgment may be entered upon it in accordance with the applicable law in any court that has jurisdiction over the decision. Article 12 Insurance 12.1 Indemnity. The Contractor agree to indemnity and hold the Buyer harmless from all claims for bodily injury and property damage (other than the work itself and other property insured under paragraph 12.2) that may arise from the Contractor's operations under this Agreement. 12.2 Contractor's Liability Insurance. The Contractor shall purchase and maintain such insurance as will protect it from claims under workmen's compensation acts and other employee benefit acts, from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of or result from the Contractor's operation under this Contract, whether such operations be by it or by any subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than $1,000,000.00 (One Million) single limit and shall include contractual liability insurance as applicable to the Contractor's obligations under this Agreement. Article 13 ,SD -J r Concealed or Unknown Conditions 13.1 The Contract price is for the materials and labor in construction of the Contract Work. The Owner shall pay for any additional costs involved in providing extra engineering or foundation work which may be required if the Contractor encounters abnormal or unusual subterranean conditions during the course of construction, including but not limited to: A. Cost of removal of any rock in making excavation for foundation walls, sewage or water lines, exceeding $0. B. Extra concrete block and labor necessary to install the same for the construction that may be required in excess of blue print specifications. C. The cost of labor and materials needed to divert or control surface or subsurface water found during the course of construction. 13.2 The Contract shall, before such conditions are disturbed, notify the Owner of one (1) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract or two (2) unknown physical conditions at the site of an unusual nature. The owner shall promptly investigate the conditions and if he finds that such conditions do materially so differ and cause an increase in the Contractor's costs, or the time required for performance of any part of the work under this contract, whether or not changed as a result of such conditions, a specific cost adjustment shall be made and the contract price adjusted by Change Order. Article 14 Delays and Extension of Time 14.1 If the Contractor is delayed at anytime in the progress of the construction work by any act, failure, or neglect of Buyer or by changes ordered in the Project or by labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any causes beyond the Contractor's control, or a delay authorized by the Buyer, then the date for Substantial Completion shall be extended for the period of such delay. Article 15 Rigs of Ingress and Regress 15.1 It is a covenant of the contract that the Contractor does hereby grant and convey to the Buyer, its successors and assigns, full and complete rights of ingress, regress during construction period. Article 16 Ownership of Materials Sri 16.1 It is mutually agreed that all materials delivered upon the said premises shall be regarded as the property of the Contractor until paid for the Buyer, and shall not be removed without the consent of the Contractor. Article 17 Possession 17.1 Prior to the closing, it shall be the duty of the Buyer or his agent to inspect the house in the presence of the Contractor or the Contractor's representative and to give the Contractor at that time a signed punch list of any deficiencies in workmanship or materials. 17.2 AS to any items on the list prepared by the Buyer that are truly deficiencies in workmanship and/or, materials by the standards of construction relevant in area where the property is located, the Contractor shall correct those defects at his cost within a reasonable period of time, as set forth in the. Limited Warranty. The Contractor's obligation to correct shall not be grounds for deferring the closing or for imposing any conditions upon the closing. On substantial completion of the work, Owner shall execute a Completion Certificate. Article 18 Real Estate Taxes 18.1 In the event that additional real estate taxes are imposed upon the building and the construction herein subsequent to the parties real estate settlement, and Contractor shall be responsible for the payment of any such taxes. Article 19 General Provisions 19.1 All rights and liabilities herein given to or imposed upon the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors, and assigns of said parties; and. if there be more than one Owner, they shall all be bound jointly and severally by the terms, covenants, and Agreement herein. 19.2 The Contract constitutes the entire agreement of the parties, and it may not be changed except by written agreement duly executed by the same parties. 19.3 Each provision of this Contract is separable from every other provision of this Contract, and if any provision is determined to be unenforceable or is revised, it will have no effect on the validity of any other provision. 19.4 The applicable law governing this agreement will be the law of the jurisdiction where the property is located. 19.5 The Agreement may not be assigned without the written consent of the Contractor or the Buyer which shall not be Unreasonably withheld. 19.6 Written notice shall be deemed to have been duly served if delivered in person to the Buyer, or if to the Contractor, to an officer of the corporation, or if delivered at or sent by registered or certified mail to the last business address known to him who gave the notice. 19.7 Whenever used in this agreement, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 19.8 This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and upon their respective heirs, executors, administrators, successors, and assigns. In Witness Whereof, the parties have hereunto set their hands and seals the day and year first above written. Contractor Tic,Ay,P'rgOerty Management, LLC uyer: Solomon Cramer DocuSign Envelope ID: E962BED8-D422-4F93-A423-E21336800506 BUILDER'S REP FSENTATION & LIEN SUBO"]NATION This agreement is entered into between M&T Bank ("M&T") with offices at One Fountain Plaza, Buffalo, New York 14203 and ("Builder"). In order to induce M&T Bank to enter into a construction loan with Solomon D Cramer ("Borrower") to construct improvements on real property located at 1406 Summit Way, Mechanicsburg, PA 17050 ("Properly"), Builder hereby Acknowledges and agrees as follows: 1. The Borrower obtained a construction loan from M&T Bank ("Construction Loan"). The amount of the Construction Loan available for disbursement to Borrower as construction progresses is $ 516,960.00. This loan must be paid-in-full on or before July 01, 2013. 2. The Borrower has obtained a commitment from M&T Bank to make a mortgage loan that will satisfy the Construction Loan ("Permanent Loan"). The commitment for the Permanent Loan expires on 7/31/2012 ("Expiration Date"). 3. If the Permanent Loan is not closed oli or before the Expiration Date (a) M&T Bank will have no obligation to make the Permanent Loan to Borrower; and (b) M&T Bank may agree to mare the Permanent Loan to Borrower on revised terms including, but not limited, a lower loan amount. 4. If I do not receive all amounts I am owed by Borrower, I hereby agree to hold lender harmless from any and all claims related to the Construction Loan, the Borrower, the Property. . 5. If I do not receive all amounts I am owed by Borrower, I further agree to subordinate any rights I may have to the Property, including, but not limited to, any and all lien rights I may Dave, to the lien of M&T Bank's Permanent Loan. wledged By: 1 . 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