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Home My WebLink About12-5391 IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i COMMONWBALTH OF CIVIL DIVISION PENNSYLVANIA DBPARTMENT OF GENBRAL SERVICES; SHII'PBNSBURG N0~ l a - ~ j39~ UNIVBRSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER WAIVER OF LIENS STIPULATION BY EDUCATION, a body corporate and poliric SUBCONTRACTOR constituting a public corporation and instrumentality under the laws of the Code: Commonwealth of Pennsylvania; and Filed on bchalf af: SHIPPENSBURG UNIVERSITY STUDENT SBRVICES, COMMONWBALTH OF 1NCORPORATBD, a Pennsylvania pENNSYLVANIA DBPARTIVIBNT OF nonprofit corporation, GBNBRAL SBRVICSS; SHII'PF.1'MtSBURG Owners UNIVERSITY OF PENNSYLVANIA OF Plaintiffs, THE STATB SYSTEM OF HIGHER EDUCATION; and SHIPPSNSBLiRG vs. ~ ~ ~ ~ ~ ~ ,1i lyg,RSTTY STUDENT SERV~CES, [*l ~ ~ W ~ %coRroRATBD Subcontractor ~G Owners/Plaintiffs Defendant. CBRTIFICATE OF LOCATION Counsel of Record for Shippensburg University of Pennsylvania of the State I HEREBY CBRTIFY that the location of System of Higher Education: the Real Estate affected by this lien waiver Jacqueline Morro4v, Esq. is: Pa. I.D. No. 37222 Campus of Shippensburg University of 2986 North Second Street Pennsylvania, Shippenaburg Township and Harrisburg, PA 17110 ~ ~ Shippensburg Borough, Pennsylvania 18301 ~ ~ ~ c.R -cr c~v ~,~r. a~ ~`9 0 i r, NOW, THERBFOR, 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 claim against the Work, 5USSI's'inierest in the Property, any improvements on the Property {collectively, the "Improvemtatt~") ar the respective estates, rights, titles or interests of the Owners (collectively, "1[nt"}, dr any part or parts thereof shall accrue or exist in the Subcontractor; that no mechanics' lien ar claim or materialmen's lien or other lien ar claim of any kind whatsoever shall be filed yr mlaintained against the Work, Property, Lnprovements or Interests ar any part or parts thex~f ar the appurtenances thereto, by or in the name of the Subcontractor for work done or far 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 thereo>~; nor shall any claim or Iiability for such labor ar 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 shill operate and be effective as well with respect to work done and materials and services fumished under any supplemental contract for extra work in connection with the Work. It is the full inltent of the Subcontractor under this Waiver of Liens and tfie Subcontract, that the right to file a mechanic's lien ar 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 Wark, 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 Sub~antractar, in any such Court as Attorney for Subcontractor, and in his or its name, mark satisfied',of record, at the cast and expense of the Subcontractor or in his or its name, any and all meehaktics' liens or claims or materialmen's liens or claims or other liens or claims of any kind whatstever 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 cx~ntained to warrant such action, and the Subcontractor does hereby release all errors and defects tiwhatsoever in the entry of any such satisfaction or the exercise of the authority hereby conferrdd. 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 chat 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 PNDA'rA 3444099_! i i i WAIVER QF LIENS STIlULATION BY SUBCONTRACTOR I THIS WAIVER OF LIENS STIPULATION (this "Waiver of Liens") is made oi>~j3"2bI23@i~' bY, .~~A~ $t~F'F1gN , a corporation, 1334 St R 7'Nop4atls QAUTZ.r' Stt 1Tf 2bo(address) (her+eina the "Subeon#raeta~r"). l~i~ARRIS$u't;Q PI4 t7to9 sou~4DV~CFA ~.t4~TIhCQ~tyTaoNS fNC. WITNESSETH. WHERBAS, Shippensburg University of Pennsylvania of the State System of Higher Education {"Shippensburg") owns or, pursuant to an agreement with the Commo~tivealth of Pennsylvania Department of General Services ("DGS"), has occupancy, custody and' control of certain property located on Shippensburg's campus being partially located in both Sh~ppensburg Township and Shippensburg Borough, Cumberland County, Pennsylvania, which is depicted on Exhibit A (the "Property"); WHERBAS, Shippensburg University Student Services, Incorporated ("SLtSSI" and, together with Shippensburg and DGS, the "Owners") is or will be a tenant and/or licensee of the 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, Ine.(the `'rime Contractor") and the Developer (the "Prime Contract'), the Prime Contractor has agreed to supply labor, materials and services and perform certain construction and Demolition work upon the Property (the "Work"). 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 maybe amended from 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 defned in this Waiver of Liens; WHEREAS, Subcontractor has entered or will enter into a contract to supply or cause to be supplied labor, materials and services andlor perform or cause to be performed cerrtain work which will be incorporated into, and form a part of, the Work (the "Subcontract" avid together 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, as defined in the Mechanic's Lien Law, includes, without limitation, sub-subcontractors) in connection with the Work; and WHEREAS, the Owners, Contractor and Subcontractor will benefit from the Work on the Property. PHDATA 344d099J I I i _ _ - _ TT ~ l ~ ~ Liens, and all other terms and conditions hereof, if any, shall continue to be binding on e 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 he 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. is Waiver of Liens shall be binding upon the Subcontractor, its successors and assigns, and any e 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 Li ns Stipulation By Subcontractor as of the date first above written. WITNESS: [ -.~c~,~ l~~ 1 ~ ~ cilr~- Title: WITNESS: [ ] By: Title: Acknowledgement and Consent: TIC UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELO , ACKNOWLEDGE AND CONSENT TO THE FOREGOING WAIVER OF LIE S STIPULATION. Campus Apartments, Inc. i~Fortune-Johnson, Inc. By: By: Title: ~ Title: ~ •r 7/ ''~l LZ Z~ 2 PHDATA 3444 1 ` ~ ' SUBCONTRACTORS' ACIKNUWLEDG&MI+:NT STATB OF ~ Q SS: COUNTY OF ~ ° 1"' BBFOl2B MB, a Nomt~ry' Public of the in the state of personally appeared s~ S~<<l~ rho acknowledged himself/hetself to 6e the ov-N~t. ofSu+?ra+l~~~o ~t~•erSs~?~~~and that~fslar, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of such corporation byhimself/herself as such officer. _ AND ~sHE FUxTxaR ACKNOWLEDGED THAT, as of this ?1, ~ day of ~~_;`29~-1r, ~o work had begun upon the property of the Owners referred to in they foregoing instrument at the campus of Shippensburg University of Pennsylvania, Shippensburg'' Township and Shippensburg Borough, Cumberland County, Pennsylvania by the Subcontractor, mar 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. WITNESS: ~~Uu~~ ~h~'i~ ~l~', ~--r- Title: tv,}A~ 2.0 tl~ i SWORN TO AND SUBSCRIBED before me this {-3 day of ~tTI~- oNV~N v A NdTARUL SEAL Lt.OYD P. SCIiROFOER, NOTARY PU~iC Notary Public SUSL1UEkANNA iWP., oAUPHitJ COUNTY ~ Commission Fx Ires MY cor~~ssioN n~AV oz, tots y P 5,~, ~ t 3 i PHDATA 3444099_1 i I i