Loading...
HomeMy WebLinkAbout12-5390 > , i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I I COMMONWEALTH OF CIVIL DIVISION ' PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPENSBURG No: - .~,,,~9'v /K L-h I;fNIVF~tSPTY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER WAIVER OF LIENS STIPULA'T'ION BY EDUCATION, a body corporate and politic SUBCONTRACTOR constituting a public corporation and instrumentality under the Laws of the C°~' Commonwealth of Pennsylvania; and Filed on behalf of: SHIPPENSBURG UNIVERSITY STUDENT-SERVICES, COMMONWEALTH OF INCORPORATED, a Pennsylvania pENNSYLVANIA DEPART'MEN"1' OF nonprofit corporation, Gq~ S~y~~; SHIPPEI~SBURG Owners UNIVERSITY OF PENNSYLVAIrIIA OF Plaintiffs, T~ STATE SYSTEM OF HIGH>~R EDUCATION; and SHIPPENSBURG vs. UNNERSITY STUDENT SERVICES, ~ ~ S ~ rd~~,-~r, J ~ ~.C. INCORPORATED Subcontractor OwnerslPlaintiffs Defendant. CERTIFICATE OF LOCATION Counsel of Record for Shippensburg ' University of Pennsylvania of the State I HEREBY CERTIFY that the location of System of Hi$h$r Education: the Real Estate affected by this lien waiver Jacqueline Marrow, Esq. is: Pa. I.D. No. 37222 Campus of Shippensburg University of 2986 North Second Street Harrisburg, PA 17110 Pennsylvania, Shippensburg Township and -e3 --i Shippsnsburg Ba~gl<i, Pennsylvania ~ ~ ~r~ 18301 N ~ '~ca b ~ ...y . -~1 ~•.~F .rte 3f i i WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR i THIS WAVER OF LIENS STR'UL~A" ON (this "Waiver of Liens") is made on 201~,b , SES ~.,~/i!ro nvRt'n~q~t S' corporation, //a 8S g e.• j (address) (hereinafter the "Subcontractor'"). WITNES5ETH: WHEREAS, Shippensburg University of Pennsylvania of the State System mf Higher Education ("Shtppcuaburg"} owns or, pursuant to an agreement with the Commonwealth of Pennsylvania Department of General Services ("DGS'~, has occupancy, custody and ¢ontml of certain property located on Shippensburg's campus being partially located in both Shipfpertsburg Township and Shippensburg Borough, Cumberland County, Pennsylvania, which is d~istesl on Exhibit A (the "Property"); WHEREAS, Shippensburg University Student Services, Incorporated ("SUSSP' and, together with Shippensburg and DGS, the "Owners") is or will be a tenant and/or Iicen~ee of the Property; WHEREAS, St1SSt has entered into a development agreement relating to the ' development of the Progeny with Campus Apartments, Inc. (the "Developer"); and WHEREAS, pursuant to a contract or contracts between Fortune-Johnson, Inc.(the "Prime Co®traetor") and the Developer (the "Prime Contract', the Prime Contactor has agt+eed to supply labor, materials and services and perform certain construction and detimofition wont open tl-ic Property (the "Wor)c"). 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 as8igned 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 la>, i~iaferials and services and/or perform ~ cause to be performed cec~in work which will be incorporated into, and form a part of, the Work (the "Sui~contrad" and'together . with the Prime Contract,.coliectively, the "Contracts"); and WHEREAS, the Developer and/or the Contractor has posted or will post a bond guaranteeing payment far labor and materials provided by subcontractors (which team, as defined in the Mechanic's Lien Law, includes, wit.Ii®ut limitation, sub-subcontractors) in connection with the Work; and WHEREAS, the Owners, Contractor and Subcontractor will benefit from the Wark on the Property. i PHDATA 344~U99 l ~ i ~ I _ _ _ i NOW, THEREFOR, in consideration of the foregoing premises, the covenants and agreements contained in the Contracts, and intending to be legally bound hereby, the 5ubconraacl©r, ~©x i~elf and its successors an<l assigns, does hereby covenant, stipulate, ~eo~ise and agree as follows: I. 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 pz grist 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 firnrished by Subcontractor under the Subcontract-or any supplements or changes thereto, written of oral, for and aliout the Work, the Property, the ~m_pmvr~ag,~t& Qr the Interests or any parts thereof, or on credit thereof; nc~r 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 assiigns 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 shad vpexate and be effective as well with respect to work done and materials sad 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, deme~lition 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 Subcontrtacxor, 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 ~aaie, nnack satisf ed of record, at the cost and expense of the Subcontractor or in his or its name, any and all mechautcs' 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 ~,y 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 suff'rcieat e~etaibit of the authority herein conjtained 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 6f no furtheir f©rec and effect, but the rennainder of this waiver of i PHDATA 3444099_1 i i i . , 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 Ow+~ners. This Waiver of Liens shall be binding upon the Subcontractor, its successors and assigns, end 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. I WITNESS: f 5 ~ ~df c cSc a„~~~_ - By: ~ Title: C.~Z> WITNESS: ( 1 By: Title: Acknowledgement and Consent: THE UNDERSIGNED DEVELOI~ER AND CONTRACTOR, B3~ EXECUTION BELOW, ACKNOWLEDGE AND CONSENT TO THE FOREGOIIVG WAIVER O~ LIENS S'1'IPLTI ATION. Campus Apartments, Inc. ~ Fortune-Johnson, Inc. By: gy; Title: ~ ~ Title: ~ /''lrW s -yYZ-yZ az I PHbATA 3444099 I i 1 SUBCONTRACTORS' ACKNOWLEDGEMENT i STATE OF i~ SS: COUNTY OF ~ BEFORE ME, a Notary Public of the(l~`'in the state of , personally appeared / , ~ who acknowledged himself/kex~elf to be the of CS ~~v,~o.,~ ,and that he/she, 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 HElSHE FURTHER ACKNOWLEDGED THAT, as of this day of 20~, no work had begun upon the property of the Owners referred to in the foregoing ms ment 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. I C WITNESS: [ J t JC o ~tS ~t------` By: Title: ~ C~ ~ T SWORN TO AND SUBSCRIBED before me this ~Q~,, f~~ ,t a a~~'` My Commission Expires I i 4 PHr1ATA 34441!99_2 f I i