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HomeMy WebLinkAbout12-5699 _ _ _ r _ ~ ~ T IN THE COURT OF COMMON PLEAS rn ~-r~_-`-`.. OF CUMBERLAND COUNTY, PENNSYLVANIA ~r .E~ ~ COMMONWEALTH OF ~ ~ CNIL DNISION y,~, ~ PENNSYLVANIA DEPARTMENT OF s GENERAL SERVICES; SHIPPENSBURG No: Io1' S(a99 ~r~ UNNERSITY OFLPENNSYLVANIA OF N THE STATE SYSTEM OF HIGHER WAVER OF LIENS STIl'ULATION EDUCATION, a body corporate and politic SUBCONTRACTOR constituting a publ~c corporation and instrumentality un~er the laws of the Code: Commonwealth ofiPennsylvania; and Filed on behalf of: SHIl'PENSBURG ~UNNERSITY STUDENT SERVICES, COMMONWEALTH OF INCORPORATED, a Pennsylvania PENNSYLVANIA DEPARTMENT OF nonprofit corporation, GENERAL SERVICES; SHII'PENSBURG Owners UNNERSTTY OF PENNSYLVANIA OF Plaintiffs, THE STATE SYSTEM OF HIGHICR EDUCATION; and SHIPPENSBIrRG vs. UNNERSTTY STUDENT SERVICES, INCORPORATED ~~s h~~~ Subcontractor Owners/Plaintiffs Defendant. CERTIFICATE OF LOCATION 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. LD. No. 37222 Campus of Sl~pjpensburg University of 2986 North Second Street Pennsylvania, Shi~pensburg Township and Harrisburg, PA 17110 Shippensburg >~orough, Pennsylvania 18301 ~aa.~ PQ e~ a~~b9 ~ .t Exhibit "K" W~ OF LIENS STIPULATO,~ BY SUBCONf~~;A THIS ~V IVER OF LIENS STIPULATION (this "Waiver of Li~a'~ is made on, I I , 201 by, Nrnt~ecks,.~+u. , a _Pz.~.,T ~ corporation, m ~ . ~ ,+s, {address) (lrerernatter the "~beoatra¢Mr"). WITNLSSETH: WHEREA , Shippensburg University of Pennsylvania of the State Syst~rm of Higher Education rg"} owns or, pursuant to an agreement with the Co~nonwealth of Pennsylvania t of Genera! Services ("DGS'~, has occupancy, custody control of cxxtain property 1 dated om Shappensburg's campus being partially located in both 'Shappensburg Towtrsl~ip and She ' burg Borough, Cumberland County, Pennsylvania, which is depicted on Exhibit A (the " p~erty"); WI'~EA i Shappensburg University Student Services, Incorporated (`gSUSSI" and, together with S ~ burg and DGS, the `~Uwnera'~ is or will be a tenant and/or licensee of the y~ WHEREA , SUSSI has errtered into a development agreement relating to the development of th~~roperty with Campus Apartments, Inc. (the "De r" ;and' v'~oPe ) WkIE1ZEA~ pursuant to a contract or contracts between Fortune-Jotahson, Inc,(the "Prime Con r") and the Developer (the "Prime Contract"}, the Prime Contractor has agt+aed to supply 1 ,materials and services and perform certain construction and demolition work upon the (the "Work"). Terms used in this Weaver of Liens which ~ defined in the Pennsylvatia ~chanic's Lien Law of 19b3, as the senu has been and may be ~ from time-to-time in fimue (the "Mechanic's Lien Law's, shall have the n~ assigned to them in the M c's Lien Law unless otherwise defined in this Waiver of Liens; WHEREA ,Subcontractor has entered or will enter into a contract to supp~r or cause to be supplied labor, aterials and services and/or perform or cause to be perfonrred', certain work which will be into rated into, and form a part of, the Work (the "Snbecrntratt"'nnd together with the Prime Co tJract, collectively, the "Contracts"); and WHE the Developer and/or the Contractor has posted or will host a band guaranteeing pa for labor and materials provided by subcontractors (which term, as defined in the M ' panic's Lien Law, uncludes, without limitation, sub-subconntractors) in connection with Wark; and WHEREAS, the Owners, Contractor and Subcontractor will benefit fmm the Work on the 5 Initial: b+A ,.3 NOW, T'I~EREFOR, in consideration of the foregoing premises, the covenants and agreements conta~ed 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 follo~rs: l . I no lien or right to file a lien or claim against the Work, SUSS`~'s interest in the Property, any I improvements on the Property (collectively, the "I~tproverre~") or the respective estates, nights, rifles or interests of the Owners (collectively, "Intera~''), or any part or pacts thereof accrue or exist in the Subcontractor; that no mechanics' lien or clean or materiahnen's li for other lien or claim of any kind whatsoever shall be Sled ~ maintained against the W Property, Improvements or interests or any part or parts tbertof or the app~utenances th , by or in the name of the Subcon#raetor for work done or for any labor, tools, equipment, ,supervision or other services furnished by Subcontract©r tinder the Subcontract or an supplements or changes thereto, written or oral, for and about the Work, the Property, the Im ' ements or the Interests or any parts thereof, or on credit therba>F, nor shall auy claim or liabil 'for such labor or materials or work performed arise, exist or b~ filed against nay of the Owners~#heir respective successors (including, successors in interest) or assigns by or in the name of Su bntraetor. 2. Thi !Waiver of Liens shall be an independem covenant which shall be binding on Subcontractor, no ' 'thstanding any breach or default u~ the Subcontract and 'shall operate and be e$ective swell with respect to work done aml materials and services furinished under any supplemental ntract for extra work in connection with the Work. It is the full intent of the Subcontractor and 'this Waiver of Liens and the Subcorract, that the right to file a mechanic's lice or other cl ' under the provisions of Acts of Assembly in such cases made end provided, for work done or materials furnished in and about the er+eetion, construction, demolition or repairs of the Wo is forever, absolutely and irrevocably hereby waived. 3. In ' er to give the Owners full power and authority to protect themselves, and the Work, the Pro rty, the Improvements and the Interests against any and all claims filed by or in the name of the $ubcontractor in violation of the foregoing covenants, the Subcontractor, far itself, its successu ;and assigns, hereby irrevocably aarthorizes and empowers an$+ attorney of any Court of Co pn Pleas of the Commonwealth ofPennsylvania to appear far Subcontractor, in any such Court 'Attorney for Subcontractor, aril iEn his or its name, mark satisfik~d of record, at the cost and ex ' nse of the Subcontractor or in his or its name, any and all panics' liens or claims or matcri en's liens or claims or other Liens or claims of any kind whomever filed or maintained agai ' the Work, the Property, the Improvements or the Interests or any parts thereof or the enances thereto, and for such act or acts this shall be goad and suffiicient warrant and ty and a reference to the Court and to the docket in which avid where this instrument shall hz ' e been filed shall be a sufficiem exhibit of the authority herein 'contained to warrant such actin and the Subcontractor does hereby release ali errors and defects whatsoever in the entry of an such satisfaction or the exercise of the auttxfrity hereby conferred. in the even that any co lof competent jurisdiction shall determine thax any provision of this Waiver of Liens is void 'unenforceable in accordance with its terms, the Sube~traat~or expressly consents and that this Waiver of Liens may be modified by said Court stuck that the offending provisio shahall be of no further force and effect, but the remainder of tl?is Waiver of fi lnipat: bi.o ~ • } r Liens, and atl other terms and conditions hereof, if any, shall continue to be binc~ng on the Subcontractor a~ a1! parties claiming in the name of or on behalf of the Subcontractor. 4. TI-~IS WAIVER OF LIENS, at the election of the Owners, may be filed in the office of the 1'mt~pnotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Mechanic's L~dn Law, and the receipt for such filing will be delivered to the Owners. This Waiver of Liens sll be binding upon the Subcontractor, its successors and assigns, and anyone filing a mechanic''' lien or other claim in the name of or for or on behalf of the Subcontractor. IN WI S WHEREOF, the Subcontractor has duty executed this Waiver of Liens Stipulation By Su ctrnr as of the date first above written. WITNESS: HershoclSs, Inc. By: ~ Tide: ~Fe:rd WITNESS: . t - Title: ~ Actrnowledgement iaad Consent: THE UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW, ACKNOWLEDG AND CONSENT TO THE FOREGOING WAIVER OF LIENS STIPULATION. Campus Apart<ne, Inc. Fortune-Johnson, Ina By: By: Title: ~ Title: s"j~ -~yL ~z ~ a spa ~r~ ~~U°SS ~ 3cas~ 7 Initial: ~o _ _ _ ~ . _ _ ~ - - T ~r ~ i S ' SUBCONTRACTORS' ACKNtI?WLCUGF,MENT STATE OF ~t`~insylvknlr. SS: COUNTY OF Uu.c~ph~,. BEFORE a Notary Public of the ~o~a~inw~er.lb, in the state of ~„,,,~hk„r~ , PcraonallY a~~ d ~ rry ~c4vr,~+ who t~cknowledged himself elf to be the ~~,f ~ of . ,and that he/~, as such officer, being lauthorized to do so, exacu#cd 'foregoing instrument for the purposes therein con#sined: by sighing the name of such corporati 'by himselflhetaeelf as such ofI•icer. ' AND HE/~~-IE FURTHER ACKNOWLEDGED THAT, as of this 1/ day of 201 no (work had begun upon the property of the Owners referred to in !the foregoing in.trument at the pus of Shipper?sburg University of Pennsylvania, Shppensb~ug Township and Shippensburg rough, Cumberland County, Pennsylvania by the Subcontractor, nor has the Sector pro 'ded or supplied any labor, materials or services in connection v~ith the Work or on or for the befit of the Property. WITNESS: HershoclSs, Inc. ' Title: ,c~ SWORN TO ANDI SUBSCRIBED before me this day of, 201. y Notary ~c 24 Zoe, My Commission Expires Ju.~twa~-y S'IMlYA ( 8 .Initial: ~o_