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HomeMy WebLinkAbout13-1226IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPENS$URG UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION, a body corporate and politic constituting a public corporation and instrtunentaiity under the laws of the Commonwealth of Pennsylvania; and SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INCORPORATED, a Pennsylvania nonprofit corporation, Owners Plaintiffs, vs. No: j.3 -- ~ a o~- ~ /~ L~ WAVER OF LIENS STIPULATION BY SUBCONTRACTOR Code: Filed on behalf of: COMMON WEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION; and SHIPPEIJSB,IRG UNNERSITY STUDENT SERVICES, INCORPORATED ~*~ Subcontractor Defendant. CERTIFICATE OF LOCATION 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 Owners/Plaintffs Counsel of Record far Shippensburg University of Pennsylvania of the State System of Higher Education: c ~ Jacqueline Morrow, Esq. -+c~ ~ "' Pa. I.D. No. 37222 2986 North Second Street r- i Harrisburg, PA 17110 -G ~~ -,~ ~- -< "" r, --~ rnr= -t~ o° ~° Qc'~ --~~" CIVIL DIVISION C~a~s ~ Initial: Z ~, t Exhibit "K" WAIVER OF LIENS STIPULATI©N BY SUBCUNTRACTBR 2013 THIS \VAIVER OF LIENS STIPULA'f10N (this "~Yalver of Liens") is made on ll'Ittt'ch 4~1• by, 7.nthary Gitdc~ i Picz, a The 1Berg Cttrporat~n corporation, 2519 WHitena Ave, BaHimore, MD (address) (hereinafter the "Subcontractor"). ~2(d~ 3 3?33 WiTNESSETH: \VIIL'ItEAS, Shippensburg University of Pemm>,sylvania of the State System of Higtrer L'ducation ("S6ipperbburg"} owns or, pursuant to an agreement with the Commom~~caith of Pennsylvania Ikpartment of taeeneral Services. ("AGS"}, has occupancy, custod)~ and control of certain property located on Shippensburg's campus being partially located. in both Shippensburg Township and Shippcnsburg Bormtgh, Cumberland County, Pennsylvania, ~vhicsh is depicted on Exhibit A (the "Property"); WHEREAS, Shippensburg University Student Services, lncorporate+d ("SUSSI" and, together with Shippensburg and 17GS, the "Owners") is or will be a tenant and/or licensee of the Prapctty; WHER)AS, SUSSit has entered into a development agreement relating to the development of the Property t~hth Campus Apartments, Tnc. (the "Developer"); and \\'HERIsAS, pursuant to a contract or contracts between Fortune-Johnson, inc.(the "Priate Contractor") and the Developer (the °`Prime Contract"), the Prime Contractor has agreed to supply labor, materials and services and perform certain construction and demolition ~~~ork upon the Property{the "Wont"). Ternrs u~d in giis Waiver of Liens which are defined in the Pennsylvania Mechanic's Lien Larv of 1963, as.Uu same has been and may be amended from time-to-time in tfie future (the "Mechanic's Lien Law"}, shall have the meanings assigned to them in the Mechanic's Lien Laiv unless athen~nse 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 and/or perform or cause to be performed certain work which grill be ittc~rporated into, and form a pars of, the Work (the "Subcontract" and together with the Prime Contract, coltcctivcly, the "Cdntmcts"); and \VHEREAS, the Developer and/or the. Contractor has posted or will post a bond guaranteeing payment for labor and materials provided by subcontractors {~~fiich term, as defined in the Mechanic's Llen Law, includes, without limitation, sub-subcontractors) in connection with the Work; and 1VHERF.AS, the Owners, Contractor and Subcomractor iviil benefit from the 1Vork on the Property. NO\Y, TNl'sREFOR, 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: i. That no lien or right to file a lien or claim against the V-~orl:, SUSSCs interest in lire Property, any improvements an the Property (rnltectit~ely, the "Improvements"} or the respecti~~ estates, rights, titles ar interests of the O~~~ners (collectively, "Interests"), or any part or parts thereof snail accrue or exist in the Subcontractor; that no mechanics' lien or claim ar materiahnen' s lien or other lien or claim of any kind ~vhatsoevta' shall be filed or maintained against the Work, Property, improvements or Interests or any part or parts thereof or the appiurtenances thereto, by or in the name of the Subcontractor foe work done or for any labor, tools, equipment, materials, supervision or other services furnished by Subcontractor under the Subcontract or any supplCments or changes thereto, «mitten or oral, for and about the Work, the Property, the Improvements ar the Interests or any parts thereof, or on credit thereof; nor shall any claim or liability for such labor or materials or i~rork performed arise, exist or be filed against any of the O~~ners, their respective successors (including, suceessors in interest) or assigns by or in the name of Subcontractor. 2. This Waiver of Liens shall be an independent covermm -vhich shall be binding. on Subt:omractor, notwithstanding any breach or default under the Subcontract and shall operate and be effective as ~rteli ~~hth respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the Work. It is the full intent of the Subcontractor under this \Yaver of Liens and the Subcontract, that the Initial: ~1 ~, right to file a mechanic's lien or other claim, under the provisions of Acis of Assembly in such cases made and provided, for work dorm or materialsfurnished in and about the erecCton, construction, demolition or repairs of the 1Vork, is forever, absolutely end irrevocably hereby waived. 3. In order to give the Owners foil pat~rer and authority to protect thentaelves, and the Work, the Property, the Improvements and the Interests against any and all claims filed by or In the name Qf the Subctuthactor in violation of the foregoing covenants, the Subcontracwr, for itself, its suc~xssors and assigns, hereby. irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commomvealth, of Pemrsylvartia to appear for Subcontractor, in any such Court as Attorncp for Subtontractor, and in his or its name, mark satisfied of record, at the cost and expense of the Subcontractor or in his or its narrrc, any and all mechanics' liens or claims or materiattrten' s liens or claims or other liens or claims of any kind whatsoever filed or maintained against the \York, the Property, the improvements or the Interests or any parts thereof or the aplwrtennnces thereto, and for such act or acts this shall be good and sufficient warrant and authority .and a referentx to the Court and to the doc~ct in which and where this instrument shall have been filed shall be a suifcient exhdtit of the authority .herein contained. to warrant such action, and the Subcontr~tar does hereby release alt errors and defects whatsoever in 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 arty provisitrn of this Waiver of Liens is void or unenfonceable in accordance with its terms, the Subcontractor expressly consents and agrees that this Waiver of Liens may be mo,d{fled 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 anti conditions. hereof, if any, shall continue to be binding on the Subcontractor and all parries claiming in the name of or on behalf of the Subcontractor. 4. THIS WAIVER OF LIENS, at the election of the Ourmrs, may be flied in the office of the Prothonotary of Cumberland County, Pcnasyivania, pursuant to the pmvisions of the Mechanic's Lien Laty, and the receipt for such filing will be delivered to the Owners. This Waiver of Liens shall be binding upon the Subtontraeibpr, its successors and assigns, and anyone filing a mechanic's lien or other claim in the name ofor for or on behalf of the Subcontractor. IN WITNESS WHEREOF, the Subcontractor has duly executed this \Vaiver of Liens Stipulation By Subcontractor as of the date first above written. WITNESS: \VITNESS: ~ The Berg Corporation ~ ; President By: Title: Acknowledgement and Consent: THE UNnERSIGNED DEVELOPER AND CON'T'RACTOR, BY EXECUTION BGL01V, AGKNOiVLL'•DGL' AND CONSENT TO'1'HF. FOREtTOING \\'AIVL'•!t OF LIENS STIPULA'T'ION. Campus Apartments, Inc. Fortune-Johnson, inc. 't'itle: ,-1" _ Title Initial: _~i 1 G SUBCONTRACTORS' ACKNOVVLEDGEl1~NT STATE OF COUNTY OF SS: BEFORE ME, a Notary Public of the Ca~~anwealthn the state of Fan~t~tvaaia , personally appeared zachary Gillen ~vho acknowledged himself/herself to be the President o f The Herg CorporatioA 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 hiinself/herself as such officer. AND HE/SHE FURTHER ACKNOWLEDGED THAT, as of this 4th day of March 201 , nv work had begun upon the property of the Owners referred to in the foregoing instrument at the campus of Shippensburg University of Pennsylvania, Shippent~urg Township and Shippensburg Borough, Cumberland County, Pennsylvaaia by the Subeontt~ctor, nor has the Subcontractor provided or supplied any labor, materials or services in connection with the Work or on or for the benefit of the Property. WITNESS: ~ The Berg. Corporation ~ By: Title: P t SWORN TO AND SUBSCRIBED before methis y ~' day oi~ 2013. r ~ S~ ~ Notary Public t,`w ~. My Commission Ex Tres p ~J Nor,aRV r~''` ~ 4 L ~, 2~i~ Z-Ot5 PUQLIC ~ MAk)'L/1ND/ y~ .../ `' ~'yOR E ~~J Initial: Z ~~ ~ E~chibit 2 THE PROJECT The Project will 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.