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Home My WebLink About12-7499CONTRACT SUMMARY "To 6e indexed against FORTUNE JOHNSON, INC. as plaintiff for index pugx~ses ~-. Campus .apartments, Inc. Shippensburg University Student Set~7ces, Inc. as defendant for index purposes ~1nd ~~~ Campus :apartments, Inc. Shippensburg Unite ersir5r Student Seraices, Inr_. as plaintiff for index purposes c FORTUNE JOHNSON, INC. as defendant for index purposes "-phase. Z ~ ~~, ~,~ ~~~~ ~ PHfl,i 2~14457v.4 Page 1 of 7 c. •~% "_~ ~- +'~t ~ ; „~ ^„ _ . ~=_7 ~ ~'rt _- ~~ ~~~.. 1 w <~a' ~-` -~. ., ~ ~ ~.~ '-r`7 Q~~~ at.sa~~~ C~~ 3~~f1 ~ ~ a&y 3n b This Contract Summary ("Instrument") is executed the 12th day of December, 2012 by FORTUNE- JOHN50N, INC. ("Contractor") for the benefit of Campus .apartments, Inc. and Shippensburg University Student Services, Inc. ("Owner"). WITNESSETII Contractor is prepared to undertake a contract (the "Contract") fox the procurement and construction by Contractor of improvements on a parcel of land located in Shippensburg, Cumberland County, as further described in Exhibit A attached hereto and made a part hereof 'The land and improvements to be constructed thereon axe collectively called the "Project". NOW, TF-IEREFORE, in consideration of the contact and intending to be legally bound hereby Contractor covenants, represents and warrants: 1. Contract Price will be $46,588,321.00. Monthly progress payments under the Contract, initially subject to a ten percent (10%) xetainage until final completion, and to the extent uncontested by the Owner, shall be made by the Owner to the Contractor upon the submittal by the Contractor of a valid ~ppliaition fox Payment (as defined in the Contract) not latex than the first dap of each month during the term thereof. ?. The Contractor shall provide a payment and performance bond. 3. 1~ copy of this Instrument shall be filed in the office of the Prothonotary of the Court of Cormnon Pleas of Philadelphia County, pursuant to Section 403(.0 of the Mechanics' Lien Law of 1963, as amended and currently in effect (49 P.S. 1101 et sey.) of the Commomvealth of Pennsylvania (the "Mechanics' Lien Law"). [REMINDER OF THIS Pr1UE BLANh~ Page 2 of 7 PI 3IL1 2514457x.4 IN WITNESS WHEREOF, the undersigned, [acting for and on behalf of the Contractor and all of its laborers, subcontractors, materialmen and suppliers,] has executed this Instrument as of the day and year first above written. FORTUNE JOHNSON, INC. ~\~/ $y: J • ~.~ Title: L, Lrt7 (SEAL) -; r ~~ r ~_ e h C~ EL e c~ t o COMA~F63~i'3b~°f, VANIA : ss /. COUNTY OF [~] `5~Fl'T K_ ]vr4*~,:~ On this [~] day of [~,], [~)~, a Notary Public in and for the Comm~~==~Palth of Pertr~s}+lvania, pers nally appeared [ -~ $r~~f F~+tw.~- who acknowledge himself to be the [ C ~.U ] of [ ~ ~u and that as such officer, being authorized to do so, executed the foregoing Agreement for the purposes therein contained. `~~~~1-~~tlt~ll//1~~~~ IN WITNESS WHEREOF, I hereunto set my hand and officials 1. `~~~ , •OMMISSIr~A;. fQ rf~' ~° F,~:~ f •~ qp .o; Notary Public ~ :~ 2 3 7~ y 2 74 Exhibits : i~~~~'9',1~7U'~4~a`,~~ A - Legal Description of Land Signature Page -Contract Summary Page 3 of 7 PHIL? 2514457x3 EXHIBIT A Legal Description PHASE 2 LEASE AREA DESCRIPTION TH[S SURVEY IS MADE FOR THE BENEFIT OF: MANUFACTURERS AND TRADES TKUST COMPANY BANK TRUSTEE, ITS SUCCESSORS AND ASSIGNS, SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INC., AND FIRST AMERICAN TITLE INSURANCE COMPANY. 1. HARRY M. ANDES, A REGISTERED LAND SURVEYOR IN THE STATE OF PENNSYLVANIA, DO HEREBY CERTIFY TO THE AFORESAID PARTIES, THEIR SUCCESSORS AND ASS1CiNS, AS OF THE DATE SET FORTH ABOVE, THAT I HAVE MADE A CAREFUL SURVEY OF THF; PROPOSED LEASE TRACT OF LAND (THE "PREMISES") DESCRIBED AS FOLLOWS: ALL TFIAT CERTAIN PIECE OR PARCEL OF LAND. SITLIATF. IN THE TOWNSHIP OF SHIPPENSBURG, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLi~'.ANIA, BEING ALL OF THE PHASE 2 SITE LEASE AREA AS SHOWN ON THE ATTACHED PLAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY FACE OF THE CURB LINE ON LANCAS"TER DRIVE NEAR THE POINT OF RADIUS WITH DAUPHIN DRIVE. SAID POINT BEING LOCATED FROM THE FOLLOWING COURSES: 1. FROM A CONCRETE MONUMENT SET AT A COMMON CORNER WITH THE LANDS OF SHIPPENSBURG UNIVERSITY, FORMERLY LANDS OF CAROLINE G. REISIGNGER AND LANDS NOW OR FORMERLY OF HOWARD W. LYONS, ALONG THE EASTERLY BOtJNDARY LINE OF LANDS NOW OR FORMERLY OF HOWARD W. LYONS, NORTH THIRTY FIVE; DEGREES FIFTY THREE MINUTES FIFTY FOUR SECONDS EAST (N35 53'54"E) THREE HUNDRED NINETY EIGHT AND NINETY FIVE HUNDREDTHS FEET (398.95') TO A POINT:. 2. "THROUGH LANDS OF SHIPPENSBURG UNIVERSITY' CROSSING LANCASTER DRIVE SOU"['H THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST (S39 43'34"E) FIFTY SEVEN AND TWENTY TWO EUNDREDTHS FEET (57.22') TO A POINT ON THE EASTERLY FACE OF CURB LINF, OF LANCASTER DRIVE; 3. CONTINUING THROUGH THE LANDS OF SHIPPENSBURG UNIVERSITY, ALONG THE EASTERLY FACE OF CURB LINE ON LANCASTER DRIVE, NORTH THIRTY FOUR DEGKEF.S ZERO MINUTES THIRTY FOUR SECONDS EAST (N34 00'34"E), THREE HUNDRED TWO AND FIFTY FOUR HUNDREDTHS FEET (302.54') TO THE POINT OF BEGINNING; THENCF, FROM POINT OF BEGINNING THROUGH THE LANDS OF SHIPPENSBURG UNIVERSITY THE FOLLOWING COURSES: 1. ON A CURVE; TO THE RIGHT WITH AN ARC LENGTH OF THIRTY SEVEN AND EIGHTY TWO I~UNDREDTHS FF,ET (37.82') ON A RADIUS OF TWENTY FIVE FEET (25.0') TO A POINT ON THE SOUTHERLY CURB LINE OF DAUPHIN DRIVE, SAID CURVE BEING REFERENCED WI"FIT A CHORD OF NORTH SEVENTY SEVEN DEGREES TWENTY ONE MINUTES FO17R SECONDS FAST (N77 21'04"E) THIRTY FOUR AND THIRTY TWO HUNDREDTHS FF,EI' (34.32'); 2. SOUTH FIFTY NINE DEGREES EIGHTEEN MINU"I'ES "TWENTY SIX SECONDS EAST' (S59 18'26"E) TWENTY TWO AND SEVENTY NINE HUNDREDTHS FEET (22.'79') TO A PO[NT:. 3. ON A CURVE, TO THE RIGHT WITH AN ARC LENGTH OF TWENTY AND FIFTY Y[~H,I 2574457c.~} Exhibit 3 HUNDREDTHS FEET (20.50') ON A RADIUS OF SIXTY FEET (60.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH FORTY NINE DEGREES THIRTY ONFi MINUTES EIGHT SECONDS EAST (S49 31'08"E) TWENTY AND FORTY HUNDREDTHS FEET (20.40') TO A PO1NT; 4. SOUTH THIRTY NINE DEGREES FORTY THREE MINUTES FORTY TJINE SECONDS EAST (S39 43'49"E) SIXTY THREE AND THIRTY TWO HUNDREDTHS FEET (63.32') TO A POIN"1 ; 5. ON A CTJRVF, TO THE LEFT WITH AN ARC LENGTH OF FORTY SF,VEN AND NINF,'FY NINE HUNDREDTHS FEET (47.99') ON A RADIUS OF THREE HUNDRED FEF,T (300.0') TO A POINT. SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH FORTY' FOUR DEGREES EIGHTEEN MINUTES FORTY SIX SECONDS EAST (S44 18'46"E) FORTY SEVEN AND N[NETY FOUR HUNDREDTHS FEET (47.94') TO A POINT; 6. ON A CURVE; TO THE RIGHT WITH AN ARC LENGTH OF THIRTY ONE AND TWENTY EIGHT HUNDREDTHS FEET (31.28') ON A RADIUS OF TWO HUNDRED FEET (200.0') TC) A POINT. SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH FORTY FOUR DEGREES TWENTY FOUR MINUTES FIFTY TWO SECONDS EAST (844 24'52"E) THIRTY ONF, AND TWENTY FIVE HUNDREDTHS FEET (31.25') TO A POINT: 7. SOUTH THIRTY NINE DEGREES FIFTY SIX MINUTES ONE SECONL) EAST (S39 56'01 "E) ONE FIUNDRED THIRTY ONE AND EIGHTY HUNDREDTHS FEET (131.80') TO A COMMON CORNER WITH LANDS OF THE PHASE 1 SOUTH SITE LEASE BOUNDARY; 8. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WEST (850 16'26"W) SEVENTY FIVE', AND NINE HUNDREDTHS FEET (75.09') TO A POINT; 9. ALONG THE PHASE I SOUTH SITE LEASE BOUNDARY, SOUTH THIRTY NINE DEGREES FOR"I'Y THREE MINUTES THIRTY FOUR SECONDS EAST (839 43'34"E) TWENTY THREI AND THIRTEEN HUNDREDTHS FEET (23.13') TO A POINT; ]0. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH FIFTY DEGRF,ES SIXTEEN MINUTES TWENTY SIX SECONDS WEST (S50 16'26"W) SIXTY FIVE AND NINETY SIX HUNDREDTHS FEET (65.96') TO A POINT; 11. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH TH[RTY NINE DEGREES FOR"FY THREE MINUTES THIRTY FOUR SECONDS EAST (S39 43'34"E) TWENTY FOUR AND FIFTY HUNDREDTHS FEET (24.50') TO A POINT; 12. ALONG THE PHASE 1 SOUTH SITE LEASE BOUNDARY, SOUTH FIFTY DEGREES SIXTF,EN MINUTES TWENTY SIX SECONDS WEST (850 16'26"W) ONE Ht1NDREL) NINETY SF,VFN AND NINETY ONE HUNDREDTHS FEET (197.91') TO A POINT'; 13. ALONG THE PHASE 1 SOUTH: SITE LEASE BOUNDARY, SOUTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST (S39 43'34"E) ONE HUNDRED FORTY AND THIRTY THREE HUNDREDTHS FEET (140.33') TO A POINT; 14. SOUTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WEST (S50 16'26"W) SEVEN AND FIFTY HUNDREDTHS FEET (7.50') TO A POINT; 15. NORTH THTR~I'Y NINE DEGREES FORTY THREE MINU"fES THIRTY FOUR SECONF)S WES'L (N39 43'34"W) FIFTY FIVE AND EIGHTEEN HUNDREDTHS FEET (55.18') TO A POINT; 16. ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF ONE HUNDRED FORTY E;IGH F AND SIXTY EIGHT HUNDREDTHS FEET (148.68') ON A RADIUS OF ONE HUNDRED P-ITLt 2514-~57~-.4 Exhibit A SEVENTEEN FEET (117.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF NORTH SEVENTY SIX DEGREES SEVEN MINUTES FORTY EIGHT SECONDS WEST (N76 0748"W) ONE HiJNDRED THIRTY EIGHT AND EIGHTY SEVEN HUNDREDTHS FEET (138.87) TO A POINT; 17. ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF ONE HUNDRED TWENTY NINE AND TWENTY SEVEN HUNDREDTHS FEET (129.27) ON A RADIUS OF THREE HUNDRED THIRTY FIVE FEET (33.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH FIFTY SIX DEGREES TWENTY FOUR MINUTES FORTY TWO SECONDS WEST (856 24'42"W) ONE HUNDRED TWENTY EIGHT AND FORTY SEVEN HUNDREDTHS FEET (128.47); 18. ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF N[NETY EIGHT AND ONE HUNDREDTH FF,ET (98.01') ON A RADIUS OF SIXTY SIX FEET (66.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH TWO DEGREES FORTY EIGHT MIND"TES F1F"EY SIX SECONDS WEST (802 48'56"W) EIGHTY NINE, AND TWF,NT~' FIVE HUNDREDTIS FEE1~ (89.25'); 19. SOUTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST (S39 43'34"E) ONE HUNDRED NINETEEN AND FIFTY FIVE HUNDREDTHS FEET (119.5') TO A POINT' AT THE WESTERLY FACE OF THE CURB LINE ON YORK DRIVE; 20. ALONG THE WESTERLY FACE OF THE CURB LINE', OF YORK DRIVE SOUTH FIF"1'Y DF.,GREES SIXTF,EN MINUTES TWENTY SIX SECONDS WEST (S50 16'26"W) FIFTY TWO ANU ELEVEN HUNDREDTHS FEET (52.11') TO A POINT; 21. CONTINUING ALONG THE WESTERLY FACE OF TFIE CURB LINE OF YORK DRIVi ON A CURVE TO THE RIGHT WITH AN ARC LENGTH OF EIGHTY ONE AND FORTY HUNDREDTFS FEET (81.40') ON A RADIUS OF ONE FIUNDRED FEET (100.0') TO A POINT, SAID CURVE; BEING REF'F;RENCED WLTH A CHORD OF SOUTH SEVENTY THREE DEGREES THIRTY FIVE MINUTES THIRTY SIX SECONDS WEST (873 35'36"W) SEVENTY NINE AND SEVENTEEN HUNDREDTHS FEET (79.1 T); 22. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE NORTH EIGHTY THRL'E DEGREES FIVE MINUTES FOIJRTEF,N SECONDS WEST (N83 OS'14"W) TWF,LVE AND FORTY ONE, HUNDREDTHS FEET (12.41.') TO A POINT; 23. ALONG THE.. WESTERLY FACE OF THE CURB L[NE OF YORK DRIVE ON A CURVE. TO THE RIGHT WITH AN ARC LENGTH OF FIFTY FOUR AND FORTY HUNDREDTHS FEET (54.40') ON A RADIUS OF ONE HUNDRED FEET (100.0') TO A POINT, SAID CURVE BEING REFERENCED WI"Fl I A CHORD OF NORTH SIXTY SEVEN DEGREES TH[RTY MINUTES EIGHT SECONDS WES"T (1`167 30'08"W) FIFTY THREE AND SEVENTY 'THREE HUNDREDTHS FEF~ [' (53,.73'); 24. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE NORTH FIFTY ONE DEGREES FIFTY FIVE MINUTES THREE SECONDS WEST (N51 55'03"W) TWENTY SEVEN ANU SEVINTEEN HUNDREDTHS FEET (27.17) TO A POINT; 25. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE NORTH FIFTY FIVE DEGREES THIRTY ONE MINUTES TWENTY SEVEN SECONDS WEST (N55 31'27"W) TLI[R'1'Y THREE AND NINETY TWO HUNDREDTHS FEET (33.92') TO A POINT; 26. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE ON A CE.JRVE TO THE LEFT WITH AN ARC LENGTH OF FORTY FIVE AND NINETY THREE HUNDREDTHS FEET (45.93') ON A RADIUS OF NINETY FEET (90.0') TO A POINT, SAID CURVE BEING REFERENCED WITII A CHORD OF NORTH SEVENTY DEGREES EIGHT MINUTES THIRTY NINE SECONDS WEST (N70 08'39"W) FORTY FIVE AND FORTY THREE HUNDREDTHS FEET (45.43'):. P[lll,t 2574457v.4 EshibitA 27. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE NORTH EIGHTY FOUR DEGREF,S FORTY FIVE MINUTES FIFTY ONE SECONDS WEST (N84 45'51 "W) TWENTY ONE AND SEVENTY FOUR HUNDREDTHS FEET (21.74') TO A POINT; 28. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE ON A CURVE TO 3'HE RIGHT WITH AN ARC LENGTH OF SEVENTY SEVEN AND THIRTEEN HUNDREDTHS FEET (77. ] 3') ON A RADIUS OF FIFTY FEET (50.0') TO A POINT ON THE EASTERLY FACE OF CURB LINE OF LANCASTER DRIVE, SAID CURVE BEING REFERENCED WITH A CHORD OF NORTH FORTY DEGREES THIRTY FOUR MINUTES SEVENTEEN SECONDS WEST (N40 34' 17"W) SIXTY NINE AND SEVENTY ONE HUNDREDTHS FEET (69.71'); 29. CONTINUING ALONG THE EASTERLY FACE OF THE. CURB LINE OF LANCASTER DRIVE NORTH "THREE DEGREES THIRTY SEVEN MINUTES SEVENTEEN SECONDS EAST (N03 3T 17"F,) FTFTY SEVEN AND SIXTY NINE HUNDREDTHS FEET(57.69') TO A POINT; 30. ALONG THE EASTERLY FACE OF THE CURB LINE OF LANCASTER DRIVE ON A Ci1RVF, TO THE RIGHT WITH AN ARC LENGTH OF SEVENTY FIVE AND SEVENTY SIX HUNDREDTHS FEET (75.76') ON A RADIUS OF NINETY FEET (90.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF NORTH TWENTY SEVEN DEGREES FORTY FOUR MINUTES TWELVE SECONDS EAS"C (N27 44'12"E) SEVENTY THREE AND FIFTY FOUR HUNDREDTHS FEET (73.54'); 31. ALONG THE EASTERLY FACE OF THE CURB LINE OF LANCASTER DRIVE NORTH FIFTY ONE DEGREF,S FIFTY ONE MINUTES SEVEN SECONDS EAST (N51 51'07"E) SF.,VF,NTY TWO AND FOURTEEN HUNDREDTHS FEET (72.14') TO A POINT; 32. ALONG THE EASTERLY FACE OF THE CURB LINE OF LANCASTER DRIVE ON A CURVE TO "I'IIE LEFT WITH AN ARC LENG"IH OF THIRTY EIGHT AND THIRTY SIX HUNDREDTHS FEET (38.36') ON A RADIUS OF ONE HUNDRED FELT (100.0') TO A POINT, SAID CURVE BEING REFERENCED WFfH A CHORD OF NORTH FORTY DEGREES FIFTY ONE MINUTES FORTY FOUR SF,CONDS EAST (N40 51'44"E) THIRTY EIGHT AND THIRTEEN HUNDREDTHS FEET (38.13'); 33. ALONG THE EASTERLY FACE OF CURB LINE ON LANCASTER DRIVE, NORTH T'W'ENTY NTNE DEGREES FIFTY TWO MINUTES TWENTY SECONDS EAST (N29 52'20"E) ONE HUNDRF,D EIGHTY AND SF.,VENTY HUNDREDTHS FEET (180.70') TO A POINT; 34. ALONG THE EASTERLY FACE, OF CURB LINE ON LANCASTER DRIVE, NORTH TIiIRTY E'OUR DEGRF,ES "ZERO MINUTES THIRTY FOUR SECONDS EAST (N34 00'34"E) FOUR HUNDRED ELEVEN AND TWO HUNDREDTHS FEET (411.02') TO THE POINT AND PLA(:;E OF BEGINNING. CON"PAINING 232,898 SQUARE FEET OR 5.347 ACRES OF LAND, MORF, OR LESS AS SHOVGTI. BEING PART OF THE SAME PREMISES FROM DEED FROM SOPHIA S1vIITH, WIDOW, AND JACOB M. SMITH, UNMARRIED, HEIRS OF SAMUEL SMITH, DECEASED, DATED NOVEMBER 30, 1926 AND RECORDED JANUAKY 17, 1927, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, iN DEED BOOK I-10, PAGE 585. Yf~ II .l ~514457a.4 Exhibit A