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HomeMy WebLinkAbout13-12251N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHII'PENSBURG UNNERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION, a body corporate and politic constituting a public corporation and instrumentality under the laws of the Commonwealth of Pennsylvania; and SHIPPENSBURG UNNERSITY STUDENT SERVICES, INCORPORATED, a Pennsylvania nonprofit corporation, Owners Plaintiffs, vs. No: !3~ I~-3~' m~~ WAVER OF LIENS STIPULATION BY SUBCONTRACTOR Code: Filed on behalf of COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPP>rNSBURG UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION; and SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INCORPORATED ~*~ Owners/Plaintiffs Subcontractor Defendant. CERTIFICATE OF LOCATION Counsel of Record for Shippensburg University of Pennsylvania of the State System of Higher Education: I HEREBY CERTIFY that the location of the Real Estate affected by this lien waiver is: Campus of Shippensburg University of Pennsylvania, Shippensburg Township and Shippensburg Borough, Pennsylvania 18301 Jacqueline Morrow, Esq. ~ °- Pa. I.D. No. 37222 ``* 2986 North Second Street ~ Harrisburg, PA 17110 ~'~ ~ cn z s vC .~- -~.~ tv -~- -- z --~ r+'t '~ as o° -~ a ~~ x~ °rn ;~ ~~ ~~. y. U© ~ d c4 s~ ~<~ CNIL DNISION Initial: tV Exhibit "K" WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR THI WAIVER OF LIENS STIPULA~ON (this "Waiver of Liens' is made on~f , 2QN by, a l11'15~~VQ/'~ i 4, corporation, ~~ (address) (hereinafter the "Subcontnctor'~. /r? l ~p I WITNESSETH: WHEREAS, Shippensburg University of Pennsylvania of the State System of Higher Education ("Sbippensburg") owns or, pursuant to an agreement with the Commonwealth of Pennsylvania Department of General Services ("DGS"), has occupancy, custody and control of certain property located on Shippensburg's campus being partially located in both Shippensburg Township and Shippensburg Borough, Cumberland County, Pennsylvania, which is degicted on Exhibit A (the "Property'; WHEREAS, Shippensburg University Student Services, Incorporated ("SUSSI" and, together with Shippensburg and DGS, the "Owners") is or will be a tenant anrUor licensee of the Property; WHEREAS, SUSSl has entered into a development agreement relating to the development of the Property with Campus Apartments, Inc. (the "Devebper"); and WHEREAS, pursuant to a contract or contracts between Fortune-Johnson, Inc.(the "Prime Contractor") and the Developer (the "Prime Contract"), the Prime Contractor has agreed to supply labor, materials and services and perforn~ certain construction and demolition work upon the Property (the "Work"). Terms used in this Waiver of Liens which are defimed in the Pennsylvania Mechanic's Lien Law of 1963, as the same has been and may be amended from time-to-limo in the future (the "Mechanic's Liea 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 or cause to be supplied labor, materials and services andlor 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 andlor the Contractor has posted or will post a bond guaranteeing payment for labor and materials provided by subcontractors (which term, as defined in the Mechanic's Lien Law, includes, without limitation, sub-subcontractors) in connection with the Work; and WHEREAS, the Owners, Contractor and Subcontractor will benefit from the Work on the Property. NOW, THEREFOR, 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 follows: 1. That no lien or right to file a lien or claim against the Work, SUSS1's interest in the Property, any improvements on the Property (collectively, the "Improvements") or the respective estates, rights, titles or interests of the Owner, (collectively, "Interests"), or any part or parts thereof shall accrue or exist in the Subcontractor; that no r-xchanics' lien or claim or materialmen's lien or other lien or claim of any kind whatsoever shall be filed or maintained 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, equiprrarnt, materials, supervision or other services furnished by Subcontractor under the Subcontract or any supplements or changes thereto, written or oral, for and about the Work, the Property, the Improvements 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 Subcontractor. 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 shall operate and be effective as well with respect to work done and materials and services furnished under any supplerr~ntal contract for extra work in connection with the Work. It is the full intent of the Subcontractor under this Waiver of Liens and the Subcontract, that the Initial: `(1`- right to file a mechanic's lien or other claim, under 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 Work, 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 Subcontractor, for itself its successors and assigtts, hereby irrevocably authorizes and empowers any attorney of any Court of Conunon Pleas of the Commonwealth of Pennsylvania to appear for Subcontractor, in any such Court as 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 ar claims or materialmen's liens or claims or other liens or claims of any kind whatsoever filed or maintained against the Work, the Property, the Improvements or the Interests or any parts thereof or the appurtenances thereto, and for such act or acts this shall be good and sufficient warrant and authority and a reference to the Court and to the docket in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Subcontractor does hereby release all errors and defects whatsoeverin the entry of any 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 or unenforceable in accordance with its terms, the Subcontractor expressly consents and agrees that this Waiver of Liens may be modified' by said Court such that the offending provision shall be of no further force and effect, but the remainder of this Waiver of Liens, and all other terms and conditions hereof, 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 WAIVER OF LIENS, at the election of the Owners, may be filed in the office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Mechanic's Lien Law, and the receipt for such filing will be delivered to rho Owners. This Waiver of Liens shall be binding upon the Subcontractor, its successors and assigns, and anyone filing a mechanic's lien or other claim in the name of or for or on behalf of the Subcontractor. IIV WITNESS WHEREOF, the Subcontractor has duly executed this Waiver of Liens Stipulation By Subcontractor as of the date first above written. WITNESS: ~,~ WITNESS: ~5,,... ~. By: _ Title:.___ By: L___.____ _____ .._ _.~ Title: - -_ __ Acknrn ~j`i~ltitiir..n.r~...~ By -----------. By: Title: ~~ '- _ _ _ _.. Title: ~` ___. 1A3a .iitIRATOM THE ~~ SAND ONTRACTOR, BY EXECUTION BELOW, ACKNOWLEDGE AND ,'~ y a~ ~3N1~ R OF LIENS STIPULATION. Camp BIDS .[ il~? 8sc~yw! no#2aunma~ Y~ Fortune-Johnson, Inc. Initial!! SUBCONTRACTORS' ACKNOWLEDGEMENT STATE OF ~,~YtG~ ~t,b~rl~d ss: COUNTY OF BEFORE ME, a Notary Public of the ~~ the state of ~~~ ersonally appeared # , who acknowledged himselflherself to be the 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 himselfrherself as such officer. AND HE/SHE FURTHER ACKNOWLEDGED THAT, as of this _ 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 Borough, Cumberland County, Pennsylvania by the Subcontractor,. nor has the Subcontractor provided or supplied any labor, materials or services in connection with the Work or on or for the benef t of the Property. WITNESS: f ~.~.......~._.------ gy. uaf °'''-~' Title: ~ _ ._._.` SWORN TO AND SUBSCRIBED before me this + ~ Sf day o 20 Notary Public My Commission Expires ~ ~~ ,ZD~~ ~~ NQ1~IAl lEAL 0!lOIIMi L q~lN~la L111NB1 ALt,Hil T~~., Its ~1'IC Ml- ~ fM 1, ~'li Initial ~~"~' 03~06~2013 1.a:2" FAQ 71.74.77017?. ~J0002~0002 Eicb~~bit 2 TbtE PROJECT The Project wilt be located in Shippensburg, Pennsylvania at the campus of Shippensburg University of Pennsylvania (the "University") consisting of approximately 922 beds ("Improvements"), and the demolition of certain occupied premises ("Demolished Occupied Premises"). Phase 2 of the Project will be located on the site known as the "south site" in the University's Master Plan comprising 3 buildings of approximately 298,700 sf. The building program (the "Improvements") shall include 4-story wood structures with terrace level designed with alive-learn environment that will consist of building amenities such as, central common azeas on each floor, study lounges, recreational spaces and laundry facilities.