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Home My WebLink About12-7450JVH EXCAVATING, INC., and IN THE COURT OF COMMON PLEAS OF Contractor CUMBERLAND COUNTY, PENNSYLVANIA -~ ,._, UPPER ALLEN PARTNERS, L.P., Owner • c r ~ f.:Y., ~ -ra ~ _. ~-3 ~-.- _ , '~r~r~i ~ r~;~-J 6 7 ,- ~ ---~ _~ WAVER OF LIENS ~ ~ ~~ y (`~i ~' `^' ~' ..,le. T~ CJ ~'~ -ry-i tJ .. E.,;, , CONTRACTOR'S WAIVER OF LIENS THIS CONTRACTOR'S WAIVER OF LIENS, made this ~ day of ~~~Q? y~ ~s~{, 2012, between UPPER ALLEN PARTNERS, L.P., a Pennsylvania limited partnership ("Owner") with offices at 4075 Market Street, Camp Hill, Pennsylvania 17011, and JVH EXCAVATING, INC., a Pennsylvania Corporation ("Contractor") with offices at 700 Ayers Avenue, Lemoyne, Pennsylvania 17043 ("Contractor"). WITNESSETH: WHEREAS, Owner and Contractor have entered into an Agreement, dated ~.,,.f~- G , 2012 (the "Contract"), covering the work involved in site development, including, inter alia, grading, installation of public sanitary sewers, and street and curb construction ("Improvements"), located in Stage 5-A, Winding Hills, a Planned Residential Development, situated in Upper Allen Township, Cumberland County, Pennsylvania (the "Property"), as more fully described in Exhibit A. WHEREAS, no authorization has yet been given by Owner to Contractor to commence its work on the Improvements or purchase of material for the same; and WHEREAS, no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any subcontractor or materialman. NOW, THEREFORE, Contractor, for itself, its successors and assigns and anyone acting or claiming through or under Contractor, in compliance with Section 402 of the Mechanics' Lien Law, Act of 1963, August 24, P.L. 1175 (49 P.S. 1402), as amended by Act 34 of 2009, P.L. 298, effective October 13, 2009, for and in consideration of the Contract and in considerations mentioned therein, and intending to be legally bound, does hereby agree as follows: a) Recitals. The recitals set forth above are incorporated herein by reference. b) Subject Real Estate. As set forth above, the Improvements are to be erected or constructed upon a 15.51 acre tract, more or less, being located in Stage 5-A, Winding Hills, a Planned Residential Development, Upper Allen Township, Cumberland County, Pennsylvania, and the Property is more particularly bounded and described in Exhibit A attached hereto and made part hereof. c) Waiver of Lien. Contractor hereby waives and relinquishes all right to file a mechanics' lien, claim or notice of intention to file any lien or claim and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or ,~~~~a7y ~~~~~ a the estate or title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the same of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen and laborers on the work shall look to and hold Contractor liable for all subcontracts, materials furnished under the Contract for and about the completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. d) Independent Covenant. This Contractor's Waiver of Lien waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the completion of the said Improvements and as to any work and labor done and materials furnished under the Contract. e) Public Notice. This Contractor's Waiver of Liens shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused this Contractor's Waiver of Liens to be executed the day and year first above written. Owner: UPPER ALLE RS, L.P. by its Gene 1 Pa r, Up r Allen Management, LLC BY~ -' ~ ~ (SEAL) Michael J. Greene, Manager ATTEST: --.~~'~- (Assistant) Secretary Contractor: JVH EXCAVAT ,INC. BY~ a° (SEAL) ice President 525823 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this the (p T ~ day of ~~Wl~,/r 2012, before me, the undersigned officer, personally appeared Michael J. Greene, who acknowledged himself to be the Manager, Upper Allen Management, LLC, General Partner of Upper Allen Partners, L.P., and that he as such Manager, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing as the Manager. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Gail J. Mahoney, Notary Public Lemoyne Borough, Cumberland County My commission expires February 19, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~l•~t_J~ Notary Publi ss. On this the T~ day of ~CPWI.b~e~/ 2012, before me, the undersigned officer, personally appeared ~Gl.t(IZeS ~ 4 rYtAh ,who acknowledged himself to be the (Vice) President„ JVH Excavating, Inc. and that he as such (Vice) President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing as the (Vice) President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notary Publi NOTARIAL SEAL Gail J. Mahoney, Notary Public Lemoyne Borough, Cumberland County My commission expires Febmaiy 19, 2014 EI~IIBIT A LEGAL DESCRIPTION OF PROPERTY (STAGE 5-A, WINDING HILLS, A PLANNED RESIDENTIAL DEVELOPMENT ALL THOSE CERTAIN two (2) tracts or parcels of land situated in Upper Allen Township, Cumberland County, Pennsylvania, lying on the southern side of Winding Hill Road (S.R. 2010) approximately 4,400 feet southeast of the U.S. Route 15/Winding Hill Road interchange, being residential Lot No. 198 through Lot No. 219 and related roadways and open space within a portion of Stage 5, Winding Hills, a Planned Residential Development, more particularly described as follows: TRACT NO. 1 BEGINNING at the southeast corner of Lot No. 195, Winding Hills Stage 2 (Instrument No. 201026588, previously Lot No. 194 P.B. 93 Page 141); thence along the eastern line of Lot No. 195 through Lot No. 197 North 20 degrees 08 minutes 50 seconds East a distance of 469.22 feet; thence along the northern line of Lot No. 197, Winding Hills Stage 2 (Instrument No. 201026588), North 76 degrees 20 minutes 00 seconds West a distance of 72.23 feet; thence along lands now or formerly of Upper Allen Partners, L.P. (D.B. 279, PG. 1255) being the eastern line of Winding Hills Stage 2, North 13 degrees 40 minutes 00 seconds East a distance of 50.00 feet; thence continuing along the lands now or formerly of Upper Allen Partners, L.P. (D.B. 279, PG. 1255), North 76 degrees 20 minutes 00 seconds West a distance of 128.00 feet; thence along the eastern line of Open Space Lot 4 of Winding Hills Stage 2 (P.B. 93 Page 141) the following three (3) courses and distances: 1. North 00 degrees 42 minutes 00 seconds East a distance of 365.21 feet; 2. North 45 degrees 21 minutes 30 seconds East a distance of 160.39 feet; and 3. South 89 degrees 41 minutes 30 seconds East a distance of 162.67 feet; Thence through the lands now or formerly of Upper Allen Investment, LLC (D.B. 279, PG. 1263) the following nine (9) courses and distances: 1. South 70 degrees 00 minutes 00 seconds East a distance of 174.45 feet; 2. South 30 degrees 15 minutes 00 seconds East a distance of 99.69 feet; 3. North 86 degrees 32 minutes 30 seconds East a distance of 273.29 feet; 4. South 47 degrees 21 minutes 25 seconds East a distance of 220.53 feet; 5. South 09 degrees 56 minutes 20 seconds West a distance of 220.54 feet; 6. South 46 degrees 42 minutes 00 seconds West a distance of 100.00 feet; 7. North 75 degrees 53 minutes 40 seconds West a distance of 115.31 feet; 8. South 29 degrees 11 minutes OS seconds West a distance of 652.11 feet; and 9. North 75 degrees 56 minutes 30 seconds West a distance of 380.00 feet to the POINT AND PLACE OF BEGINNING. CONTAINING 14.80 acres. THE ABOVE-DESCRIBED TRACT NO. 1 specifically includes (i) Lot No. 198 through Lot No. 219 [inclusive]. (ii) a portion of the legal right-of--way of Lake Drive and, (iii) the legal rights-of--way of Spring Court and Autumn Court, as shown on Sheet 5 of 17, Stage 5, Lots 198 - 219, Final Subdivision and Land Development Plan Winding Hills, dated June 1, 2012, last revised November 15, 2012, to be recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania TRACT N0.2 BEGINNING at the southeast corner of Lot No. 195, Winding Hills Stage 2 (Instrument No. 201026588, previously Lot No. 194 P.B. 93 Page 141); thence through the lands now or formerly of Upper Allen Investment, LLC (D.B. 279, PG. 1263) the following six (6) courses and distances: 1. South 75 degrees 56 minutes 30 seconds East a distance of 380.00 feet, 2. North 29 degrees 11 minutes OS seconds East a distance of 652.11 feet, 3. South 04 degrees 02 minutes 40 seconds East a distance of 54.91 feet, 4. South 29 degrees 11 minutes OS seconds West a distance of 629.27 feet, 5. North 75 degrees 56 minutes 26 seconds West a distance of 406.24 feet, and 6. North 20 degrees 08 minutes 50 seconds East a distance of 30.32 feet to the POINT AND PLACE OF BEGINNING. CONTAINING 0.71 acres. THE ABOVE-DESCRIBED TRACT NO. 2 being a portion of Open Space Lot 7 as shown on Sheet 5 of 17, Stage 5, Lots 198 - 219, Final Subdivision and Land Development Plan Winding Hills, dated June 1, 2012, last revised November 15, 2012, to be recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. THE ABOVE-DESCRIBED TRACT NO. 1 AND TRACT NO. 2 BEING PART OF THE' SAME PREMISES which Upper Allen Investment, LLC, a Pennsylvania limited liability company, by its Deed, dated November _, 2012, intended to be recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, granted and conveyed to Upper Allen Partners, L.P., a Pennsylvania limited partnership, Owner herein.