Loading...
HomeMy WebLinkAbout12-5695 _ ~ ~ _ p - ire- . ~ ~ ~ '9'? PV ~ t'*1 (1~~ IN THE COURT OF COMMON PLEAS r-~, ~ ° OF CUMBERLAND COUNTY, PENNSYLVANIA ~a x.~-, _ COMMONWEALT~-I OF . • CIVIL DIVISION PENNSYLVAN 1~EPARTMENT OF GENERAL SERV ES; SHIPPENSBURG~ No: /01- J~Co9S I~GD UNIVERSITY OF I~ENNSYLVANIA OF THE STATE SYS M OF HIGHER WAIVER OF LIENS STIPULATION BY 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 III~J,NIVERSITY STUDENT SERVICES, COMMONWEALTH OF INCORPORATED, a Pennsylvania PENNSYLVANIA DEPARTMEIv~T OF nonprofit corporation, GENERAL SERVICES; SHIPPEP1SBURG Owners UNIVERSITY OF PENNSYLVANIA OF Plaintiffs, THE STATE SYSTEM OF HIGHER EDUCATION; and SHIPPENSBLtRG vs. UNIVERSITY STUDENT SERVICES, Tdcx~S ~~~~~5 INCORPORATED 6 Subcontractor Owners/Plaintiffs Defendant. CERTIFICATE OIL ~,OCATION Counsel of Record for Shippensburg University of Pennsylvania of the State I HEREBY CERTIFY that the location of System of Higher Education: the Real Estate affected by this lien waiver Jacqueline Morrow, Esq. is: Pa. I.D. No. 37222 Campus o£ ~ip~ensburg University of 2986 North Second Street Pennsylvania, Shi~Ihensburg Township and Harrislfurg, PA 17110 Shippensburg borough, Pennsylvania 18301 ~a4loo Rn U?~ asora~s' i,., F_ 'Rr _ ~ , r WAVER OF LIENS STIPULATION BY SUBCONTRACTOR ,i THIS WA ER Of~~IENS STIPULATION this "Waiver of Liens") is made on ~ G Q 201, by a / s' corporation, aZ (address) (herein er` the "Subcontractor"). WITNESSETH: WHEREAS, Shippensburg University of Pennsylvania of the State System 'of Higher Education ("Shippensburg") owns or, pursuant to an agreement with the Commonwealth of Pennsylvania Dep ent of General Services ("DGS"), has occupancy, custody and control of certain property to ted on Shippensburg's campus being partially located in both Shippensburg Township and Shiensburg Borough, Cumberland County, Pennsylvania, which is dbpicted on Exhibit A (the "Prmperty"); WHEREAS, Shippensburg University Student Services, Incorporated ("SUSSI" and, together with Shipnsburg and DGS, the "Owners") is or will be a tenant and/or licensee of the Property; WHEREA~, SU5SI has entered into a development agreement relating to the development of thel property with Campus Apartments, Inc. (the "Developer"); and WHEREA ,pursuant to a contract or contracts between Fortune-Johnson, Inc.(the "Prime Contrac r") and the Developer (the "Prime Contract"), the Frime Contractor has agreed to supply 1 blor, materials and services and perform certain construction and demolition work upon the Pro arty (the "Work"). Terms used in this Waiver of Liens which are defined in the Pennsylvania dchanic's Lien Law of 1963, as the same has been and may be ame#~ded 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 defined in this Waiver of Liens; WHEREAS, Subcontractor has entered or will enter into a contract to supply ar cause to be supplied labor, materials and services and/or perform or cause to be performed certain work which will be incorporated into, and form a part of, the Work (the "Subcontract" and 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 m the M~~hanic's Lien Law, includes, without limitation, sub-subcontractors) in connection with thd, Work; and WHEREAS` the Owners, Contractor and Subcontractor will benefit from the Work on the Property. PHDATA 3444099 1 _ r._.. _ ____..T _ _ NOW, THEREFOR, in consideratign 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 po lien or right to file a lien or claim against, the Work, SUSSI's ;interest in the Property, any ''~ilnprovements on the Property (collectively, the "Improvements") or the respective estates, #~hts, titles or interests of the Owners (collectively, "Interests"), qr any part or parts thereof shill accrue or exist in the Subcontractor; that no mechanics' lien or claim or materialmen's lien, pr other lien or claim of any kind whatsoever shall be filed or raintained 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 furnished by Subcontractor under the Subcontract or anyl upplements or changes thereto, written or oral, for and about the iWork, the Property, the Impr©vements or the Interests or any parts thereof, or on credit thereof; nor 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 assigns by or in the name of Sub~mntractor. 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 furnished under any supplemental c~ntract for extra work in connection with the Work. It is the full intent of the Subcontractor unde~r,this Waiver of Liens and the Subcontract, that the right to file a mechanic's lien or other claim,l, finder 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 Works 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 Subconttactor, 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 Attorney for Subcontractor, and in his or its name, mark satisfied of record, at the cost and expense of the Subcontractor or in his or its name, any and all mechanics' liens or claims or materi men's liens or claims or other liens or claims of any kind whatsoever filed or maintained agai st the Work, the Property, the Improvements or the Interests or'any parts thereof or the app rienances thereto, and for such act or acts this shall be good and sufficient warrant and autho !ky and a reference to the Court and to the docket in which and ~Ivhere this instrument shall hart been filed shall be a sufficient exhibit of the authority herein contained to warrant such actin 'and the Subcontractor does hereby release all errors and defects wthatsoever in the entry of any~i, $uch satisfaction or the exercise of the authority hereby conferred. In the event that any courk of competent jurisdiction shall determine that any provision of this Waiver of Liens is void oar unenforceable in accordance with its terms, the Subcontractor expressly consents and agree that this Waiver of Liens may be modified by said Court suchh that the offending provision' shall be of no further force and effect, but the remainder of this Waiver of PHDATA 3444099 1 Liens, and all other terms and conditions hgreof, 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 WAVER OF LIENS, ~t the election of the Owners, may be filed in the office of the Proth~motary of Cumberland County, Pennsylvania, pursuant to the provisions of the Mechanic's Li ~ Law, and the receipt for such filing will be delivered to the Owners. This Waiver of Liens shall be binding upon the'Subcontractor, its successors and assigns, and anyone filing a mechanic s, Ixen or other claim in the name of or for or on behalf of the Subcontractor. IN WTTNES'S WHEREOF, the Subcontractor has duly executed this Waivet~ of Liens Stipulation By Subcontractor as of the date first above written. WITNESS: , Y Title: WITNESS: [ l By: Title: Acknowledgement jand Consent: THE UNDERSIGi~ED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW, ACKNOWLEDGEII, AND CONSENT TO THE FOREGOING WAVER OI~ LIENS STIPULATION. Campus Apartments, Inc. Fortune-Johnson, Inc. V 5~••1'~~ ~ Rscfs~., Vik y~/td' ~ p By: By; ~~~I Title: Title: _ ~ ~hc~,ic t~/ ~'7~ Y~Z y2-~'-z ~ 37y0 ~ c, t/i ~.c ~ Coves' s,r.c ~a.o ~ {f!r r PHDA'rA 3444099 1 ~ T, _ _ _ ~ _ _ _ F _ SUBCONTRACTORS' ACKNOWLEDGEMENT STATE OF ? SS: COUNTY OF ~ ~ y , Uv~ ~ BEFORE 1~TE, a Notary Public of the ~ E-- in the state of ' " pers rally ppe d _ who ac owledged himself/herself to be the rtC~ 'of ,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 assuch officer. AND HE/SI[~E FURTHER ACKNOWLEDGED THAT, as of this a~©~ day of 201 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 arough, Cumberland County, Pennsylvania by the Subcontractor, nor has the Subcontractor prov ded or supplied any labor, materials or services in connection with the Work or on or for the ben fit of the Property. WITNESS: [~I/?tifJ~~_t~(J"L~- ] Title: SWORN TO AND ~5UBSCRIBED before me this ~d day of~~ 20]~-- . Notary Public ~ , My Commission Expires NOTAAI gAl ROSEflT M YYtlgpp ~ Notary Pubik PITTSBURGH CITY. ALLE8MEN1? CR11~ ^omm~ssion Exphq PHDATA 3444099_1