Loading...
HomeMy WebLinkAbout12-5700 n G..' G IN THE COURT OF COMMON PLEAS -off ~ -n OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~~r~ r" COMMONWEALTH OF ~ ~ CIVIL DIVISION ~ PENNSYLVANIA DEPARTMENT OF a" No: fa, - 59'00 /~lC~' ~ GENERAL SERVICES; SHIPPENSBURG ~ UNIVERSITY OF'',1~ENNSYLVANIA OF 3~~ THE STATE SYSTEM OF HIGHER WAIVER OF LIENS STIl'ULATIOf't± B~' EDUCATION, a bpdy corporate and politic SUBCONTRACTOR constituting a public corporation and instrumentality under the laws of the Code: Commonwealth of',Pennsylvania; and Filed on behalf of: SHII'PENSBURG !UNIVERSITY STUDENT SERVICES, COMMONWEALTH OF INCORPORATED, a Pennsylvania PENNSYLVANIA DEPARTMENT OF nonprofit corporation, GENERAL SERVICES; SHIPPENSBURG Owners UNIVERSITY OF PENNSYLVAl'~1IA OF THE STATE SYSTEM OF HIGHER Plaintiffs, EDUCATION; and SHIPPENSBU'RG vs. i ~ ~ " UNIVERSITY STUDENT SERVICES, I'1C ~jNG' IVlY4r~a?~~ GO. ~C, INCORPORATED Subcontractor Owners/Plaintiffs Defendant. CERTIFICATE O~ LOCATION Counsel of Record for Shi~pensburg University of Pennsylvania of the State I HEREBY CER'1*LFY 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 ~kip~aensburg University of 2986 North Second Street Pennsylvania, Shi~pensburg Township and Harrisburg, PA 17110 Shippensburg borough, Pennsylvania 18301 ~a4.oo ~d a~ a~~~o _ _ _ _ _ _ _ ,_.T _ i~. _ f_ . _ _ __T,~, WA~Ii ©F LlE~B S'1`~~TiQ~BY S>CJB~CUNTRARGTCI~ THIS WA R OF LIENS STIPULATION ~t~his "Waiver of Liens") is made on ; b , IMc C~~~ 1..krv~bor C~ a uI~ ~~n~c~' C corporation, ` b (address) (hereinafter the "Sabeaatrac~at'"}• WITNESSETH: WHEREA 5hippensburg University of Pennsylvania of the State System of Higher Education urg") owns or, pe~suant to an agreement with .the Convnar~wealth of Pennsylvania De nt of General Services DG,S'~, has occupancy, custody and control of certain property 1 on Shippensburg's campus being partially located in bath Shippensburg Township and Shi burg Borough, Cumberland County, Pennsylvania, which is depicted on Exhibit A (the " rty"); WI•iEREAS~ Shippensburg University Student Services, Incorporated ("SUSSr' and, together with Ship~nsburg and DGS, the "U~rners") 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 th$ property with Campus Apartments, Inc. (the "Developer"); and pursuant to a contract or contracts between Fortune-Johnson, Inc.(the °`prlme C~`~o~~~~~") and the Developer (the "Prime Contract"}, the Prirne Contractor has agreed to supply 1~1x~r, materials and services and perform certain construction and demolition work upon the..... rty (the "Work"). Terms used in this Waiver of Liens which are defined in the Pennsylvania 1Ilechanic's Lien Law of 163, as the sari has been .and may be amended frarn time-to-time in th~ future (the "Medtsnic's Lien. Law"}, shall. have the meanings assigned to them in the Mechan'ic's Lien Law unless otherwise defined in this Waiver of Liens; VVHEREA$+ Subcontractor has entered. or will enter into a contract. to supply ar cause to be supplied labor, I materials and services and/or perform ar cause to be perfartned certain work which will be inc~~!porated into, and farm. a part af, the Work (the "Subcontrstct" and together with the Prime Co~itract, collectively, the "Contracts"); and WHEREA ,the Developer and/or the Contractor has posted or will past a bond guaranteeing pa nt far lobar and materials provided by subcontractors (which term, as defined in the ~chanic's Lien Law, includes, without limitation, sub-subcontractors) in connection with Work; and WHEREASh the Owners, Contractor and Subcontractor will benefit from the Work on the Property. r~tn~+Ta saado~i_t r _ _ _ _ _ _ _ _ _ _ _ . _ T. I NOW, T'III~P.EFf)R, 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 follow: 1. "I`ha~ uo lien or right to file a lien or claim against the Work, SUSSI's interest in the Property, any iitnprovements on the Property (collectively, the "Ia~rruvtmentg") or the respective estates, ' ~hts, titles or interests of the .Owners (collectively, "Iaterestis"), ar any part or parts thereof l accrue or exist in the Subcontractor; that no mechanics' lien ox claim or matesialmen's lien mr other lien or claim of any land whatsoever shall be filed or maintained against the Work, Properly, Improvements or Interests or any. part or parts thereof or the appurtenances ther~a, by or in the name of the Subcontractor for work doh or for any labor, tools, equipment, dnlaterials, supervision or other: services furnished by Subcantractrar under the Subcontract or an}~, Supplements or changes thereto, written or oral, for and about the Work, the Property, the Imp cements or the Interests ar any parts thereof, or an credit thereofy nor shall any claim or liabih for such labor or materials or work performed arise,. exist or be filed against any of the OwnKxs,j their respective successors (including, successors in interest) or assigns by or in the name of Subcontractor. 2. T~ Waiver of Liens shall be an independent covenant .which shall be binding on Subcontractor, not~+tithstanding any breach or defauh under the Subcontract and shall operate and be effective a~ well with respect'to work done and materials and services furnished under any supplemental ,~,}mfract for extra work in connection with the Work. It is the full intent of the Subcontractor und~ this Waiver. of Liens and the Subcontract, that the right to file a mechanic's lien or other claims ender the provisions of Acts of Assembly iin such cases made and .provided, for work done or ~ taterials furnished in and about the erection, construction, demolition or repairs of the World,'' is forever, absolutely and irrevocably hereby waived. 3. In c}rjder to give the Owners full power and authority to protect themselves, and the Work, the Pro ,the Improvements and the Interests against any and aU claims filed by or in the name of the subcontractor in violation of the foregoing covenants, the Subcontractor, for itself, its suceesso and assigns, hereby irrevocably authorizes and empowers any attorney of any Court of Co n 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 ex ' nse of the Subcontractor ar in his or its name, any and .all mechtr?ics' liens or claims or mater~n's liens or claims or other liens or claims of any kind whatsoever filed or maintained st the Work, the Property, .the. Improvements ~ the Interests ar any parts thereof or the app ctenances thereto, and for such-act or acts this shall be good and sufficient warrant and autho ty and. a reference to the Court and to the docket in which and whexe this instrument shall h~~Ye been filed shad be a sufficient exlu"bit of the authority herein contained to warrant such. actio~t and the Subcontractor does hereby please all mars and defects whatsoever in the entry of and' 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 o#' unenforceable in accordance with its ferias, the Subcontractor expressly consents and agrs that this Waiver of Liens may be modified by said Court. such that the offending prov~si , .shall be of no further force and effect, but the remainder of this. Waiver of PHDATA 3444099 1 r _ - . __T__ _ _ . _ _ - - _ _ . . Liens, and all other: terms and conditions hereof, if any, shall continue to be binding on the Subcontractor anal all parties claiming in the name of or on behalf of the Subcontractor. 4. THiS WAIVER QF LIENS, at the election of the. Owaers, may be filed in the office of the Proth~a#totary of Cumberland County, Pennsylvania, pursuant to the pmvisions of the Mechanic's Lie~tt Law, and the .receipt for such filing will be delivered to the Owners. This Waiver of Liens shjaXl be binding upon the Subcontractor, its successors. and assigns, and anyone filing a mechanic's Jaen or other claim in the name of or for or on behalf of the Subcontractor. IN WITH S WHEREOF, the Subcontractor has duly executed this Waiver of Liens Stipulation By Subntractor as of the date first above written. WITH ' ' ! nJ 11~~I1..hp ~ t~ ,,-M~3G'Y ~f1 C f' f ~ gy: ` QM. Title: WITNESS: L ~ By: Title: Acknowledgemenq and Consent: THE UNDERSIt~I`+IED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW, ACKNOWLEDGl~ AND CONSENT TO THE FOREGOING WAIVER (7F LIENS STIPULATION. Campus Apartmedts, Inc. Fortune-Johnson, Inc. f gy. By: Title: -f Title: C ca ,N 3 ~ alb ~~,,y~ ~ Sw~'t i~ ~c*~' b9~ PHAATA 3444049_1 r _ r- _ _ _ _ _ _ _ _ ~ ~ . STATE OF ~ ~ j SS: COUNTY OF Cla.fYl1,~G~ BEFORE lwtE, a .Notary Public of the the state of personally appea '3" acknowl himselftlu~elf td be the ~~~2~~~w~1; of ~,~o ~a~ and that he/she, as such officer, berg authoaized to , do so, executed th~ foregoing instnimeat fox the purposes therein contained by signing the name of such coiporata~ by himselflherself as such officer. AND HF1 ~E FURTHER ACKAtORTL EAGED THAT, as of this .day of 201,, noork had. begun upon. the property of the Owners referred to ui the foregoing instrument at the pus of Shippenslwrg University of Pennsylvania, Sluppensburg; Township and 5hippensburg omugh, Cumberland County, Pennsylvania by the Subcontractor, nor has the Subcontractor prod or supplied any labor, materials or services in connection with the Work or on or for the befit of the Property. WITNESS: [ 1TCs(^`~41 i~ n'~~d , f`~, . By: ` Title: , SWORN TO ANLh SUBSCRIBED before rrie this ~ day of 241'$-r Notary Public My Commission Expires j(-~ ~Q i r~crraRU~s~ni. +NN, Y Pudic eaac~ moo, Cas~criaurd Itiy~~rnn~iaA r c~ia~r e, ~ttt PHAATA 3444099 I