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Home My WebLink About12-4294. Z C - ; . rr? Q "" ?.., 2 M r %= _7 IN THE COURT OF COMMON PLEAS C/) OF CUMBERLAND COUNTY, PENNSYLVANIA C" COMMONWEALTH OF _,. CIVIL DIVISION ?'' ''' • _'' PENNSYLVANIA DEPARTMENT OF n nn N 1 1? IVI ` ?? ' (4 1 GENERAL SERVICES; SHIPPENSBURG o: ` 0 UNIVERSITY OF PENNSYLVANIA, OF THE STATE SYSTEM OF HIGHER WAVER OF LENS STIPULATION B ' EDUCATION, a body corporate and politic SUBCONTRACTOR constituting a public corporation and instrumentality under the laws of the Code: Commonwealth of Pennsylvania; and Filed on behalf of: SHIPPENSBURG UNIVERSITY STUDENT SERVICES, COMMONWEALTH OF INCORPORATED, a Pennsylvania PENNSYLVANIA DEPARTMENT OF LIUIJI toll Ci)11JUraUUn, GENERAL SERVICES: SHIPPENSBURG Owners pja41n ffc Vs. Subcontractor Defendant. CERTIFICATE OF LOCATION UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION; and SHIPPENSBURG ? UNIVERSITY STUDENT SERVICES, veNCORPORATED 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 Owners/Plaintiffs Counsel of Record for Shippe. University of Pennsylvania of the System of Higher Education: Jacqueline Morrow, Esq. Pa. I.D. No. 37222 2956 North Second Street Harrisburg, PA 17110 avk%?y.ao ?A 'p-19S /I 4 WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR THIS WAIVER OF LIENS STIPULATION (this "Waiver of Liens") is mad',- on S-0.0 "2011 by, ? y? bP,r (cwo( Clnd?4C ?? o. Qe corporation, g320 ha P)4.G(41'j#,V -ship- A- (address) (hereinafter the "Subcontractor"). • ' ? 357 ' WITNESSETH:: WHEREAS, Shippensburg University of Pennsylvania of the State System of Higher Education ("Shippensburg") owns or, pursuant to an agreement with the Commonwealth f Pennsylvania Department of General Services ("DGS" ), has occupancy, custody and control f certain property located on Shippensburg's campus being partially located in both Shippensburg Township and Shippensburg Borough, Cumberland County, Pennsylvania, which is depicted o i Exhibit A (the "Property"); WHEREAS, Shippensburg University Student Services, Incorporated ("SUSSI" an together with Shippensburg and DGS, the "Owners") is or will be a tenant and/or licensee of th 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.(t* "Prime Contractor") and the Developer (the "Prime Contract"), the Prime Contractor h s agreed to supply labor, materials and services and perform certain construction and demoliti n work upon the Property (the "Work"). Terms used in this Waiver of Liens which are defined in the Pennsylvania Mechanic's Lien Law old 1963, as the same has been and may be amended fro 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 o be supplied labor, materials and services and/or perform or cause to be performed certain wo k which will be incorporated into, and form a part of, the Work (the "'Subcontract" and togeth r 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, s defined in the Mechanic's Lien Law, includes, without limitation, sub-subcontractors) In connection with the Work; and `JVHEREAS.. the Owners, Contractor and Subcontractor will benefit from the Work on tl?e Property. PHDATA 34440991 v 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 clainn 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 pard or parts thereof shall accrue or exist in the Subcontractor; that no mechanics' lien or claim ot{ mat:enalrncn'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 labZ.' tools, equipment, materials, supervision or other services furnished by Subcontractor under Subcontract or any supplements or changes thereto, written or oral, for and about the Work, th Property., the Improvements or the Interests or any parts thereof, or on credit thereof; nor shat 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 a in the name of Subcontractor. 2. This Waiver of Liens shall be an independent covenant which shall be binding oil Subcontractor, notwithstanding any breach or default under the Subcontract and shall operat? and be effective as well with respect to work done and materials and services furnished and r any supplemental contract for extra work in connection with the Work. It is the full intent of tl 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 ? r 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, a d the Work, the Property, the Improvements and the Interests against any and all claims tiled by )r in the name of the Subcontractor in violation of the foregoing covenants, the Subcontractor, f )r itself, its successors and assigns, hereby irrevocably authorizes and empowers any attorney )f any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Subcontract ir, in any such Court as Attorney for Subcontractor, and in his or its name, mark satisfied of reco , at the coNt and expense of the Subcontractor or in his or its name, any and all mechanics' lie is or claims or materialmen's liens or claims or other liens or claims of any kind whatsoever ftl d or maintained against the Work, the Property, the Improvements or the Interests or any pa s thereof or the appurtenances thereto, and for such act or acts this shall be gaud and suttici r warrant. and authority and a reference to the Court , and to the docket in which and where is instrumeat 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 'Ie event that any court of competent jurisdiction shall determine that any provision of this Wai er of Liens is void or unenforceable in accordance with its terms, the Subcontractor expres ly consents and agrees that this Waiver of Liens may be modified by said Court such that he offending provision shall be of no further force and effect, but the remainder of this Waiver ?of PHDATA 344409?! I Liens, and all other terms and conditions hereof, if any, shall continue to be binding on tbd, 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 thI 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. Thii Waiver of Liens shall be binding upon the Subcontractor, its successors and assigns, and anyon2 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 Stipulation By Subcontractor as of the date first above written. V?f l NESS: r ' f t By: C' Title: -S J -z ;d - T_ WITNESS: By: _ Title: Acknowledgement and Consent: THE UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION B ACKNOWLEDGE AND CONSEW TO THE FOREGOING WAIVER OF STIPULATION. Campus Apartments, Inc. Title: r4, Fortune-Johnson, Inc. By_` _ By. _ Title: S"1/ fqI- yZI'Z PHDATA 3444099_1 ? Y SUBCONTRAC TORS' ACKNOWLEDGEMENT STATE OF SS: COt1NTY OF r I o" BEFORE ME, a Notary Public of the in the state of ZZ - , pr,rsonally appeared ?}?eil who acknowledged himself/herself to be th mlac; l0 lit ?C: G •` of r • : .. and that he/she, as such officer, being authorized t do so executed the foregoing instrument, for the purposes therein contained by signing the nam of such corporation by himself/herself as such officer. AND, HE/SHE FURTHER ACKNOWLEDGED THAT, as of this ?_, day of t 1r"?e 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 Wo k or on or for the benefit of the Property. WITNESS: [- -? By:'- Title: SWORN TO AND SUBSCRIBED before me this + L-_ day ofj,_k; ,.2011. z 1 F YLVANIA, CQNEi41Qt?L'Ve? 0-p PAMELA r; , ubtic Caro of ' aaad Conn y N?jyCc:rl;ssic _.;ai'c?A2't,2Qt4 Notary Public My Commission Expires U i 111-1DKI'A 34440 1U