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HomeMy WebLinkAbout13-1227IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION, a body corporate and politic constituting a public corporation and instrumentality under the Iaws of the Commonwealth of Pennsylvania; and SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INCORPORATED, a Pennsylvania nonprofit corporation, Owners Plaintiffs, vs. No: ~ ~ " f a- a--7 ~ L `-> WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR Code: Filed on behalf of COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPEN~BURG UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION; and SHIPPENSBU>~G UNIVERSITY STUDENT SERVICES, INCORPORATED ['`l 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/Plaintiffs Counsel of Record for Shippcnsburg University of Pennsylvania of the State System of Higher Education: c Jacqueline Morrow, Esq. n ' ~ s Pa, LD. No. 37222 ~~ ~, ~ 2986 North Second Street -:~~ ~ Harrisburg, PA 17110 ~o ~o ~.,, ~ r -~ -- --~ m ~'' r -~o -7; cc~-, z~ ca ~?~F~oo p~ P/r~~' ~ asG, ~~ as7 3rl CIVIL DIVISION Initial: Exhibit "K" • HIS W IVBR OF IENS STIPULATION (th "Waiver i is made on ~ f ~~P~ 3 ~'s /s'1'a~ Ai' ~ ratIony, (address) (herei the Su tractor"). ~ , /~r+/~ple~its v/ts~~ ~ ?~?78~ WITNESSETH: WHEREAS, Shlppensburg University of Pennsylvania of the State System of Higher ;Education ("Shipp~aburg") owns or, Pursuant to an agreement with the Commonweahh of Pennaylvan~ Deprjrgtmat of General Sarvlcxs ("DGS") has occupancy, custody and control of certain s being partWly locked in both Sh Townshi and 3h1 ~~ ~~ ~ ~~ s Pennsylvania, which is depicted on Exhibit AiP (t~heb'property");P p~p°"'sburg Borough, Cumberland County, WHERBAS, Shippensburg University Student Services, Ir-carporaed ("SUSSC" and, together with Shippensburg and DOS, the "Owners") is or will be a tenant and/or lic~see ofthe Property; WHEREAS, SUSSI has entered into a developmcet agreement rolating to the development of the Property with Campus Apardnents, Inc. (the "Devebper"); and WHEREAS, pursuant to a contract or contracts between Fortune-Johpsoa, I~.(the "prl~pe Co~tnetor") and rho Developer (the "Prime Contract"), the Prime Contractor has agreed to supply labor, materials end services and perform certain oonatruction and demolition work upon the Properly (the "Work"}. Terms used in this Waiver of Liens which are ckfineel in the Pennsylvania Mechanic's Lien Law of 1963, as the same has bean and may be amended from time~o-time is the future (i~he "Me~ci~aaic': I~iaa Law"}, shall have the meanings assigned to them in the Mechanic's Lien Law unless otherwise defined in this Waiver of Liens; WHEREAS, Subeorriractor has entered or will enter into a contract to supply or cause to ba supplied labor, nlaterlals and services and/or perform or cause to be performed certain work which will be incorporated into, and form a part of, the Work (the "Subeontract" and together with the Prime Contract, collectively, the "Coettraets"); and WHEREAS, the Developer and/or the Contractor has posted or will post a bond guaranteeing payment for labor and ma0erials provided by s~contractors (which term, as daSned in the Mechanic's Lien Law, includes, without liraiiativn, sub-subcontraactora) In connection with the Work; and WHEREAS, the Owners, Contractor and Subcontractor will benefit from the Work on the Property. NOW, THEREFOR, in consid~atlon of the foregoing premises, the eoven~ts and agroemmuta contained in the Contracts, and intending to be legally bound bereby, the Subcontractor, for itself and its successors and' assigns, doe hereby covearnt, stipukte, Promise and agree es follows: 1 • That no lien or right to file a lien or claim against the Work, SUSSI's interest in the Property, any improvements on the Property (collectively, the "Improvemrats'~ or the rospoctive estates, rights, trtks or'interests of the Owners (colledively, "Interest:"), or any part or parts tbeceof shall accrue or exist in the Subcorrtraator; that no mechanics' lion or claim or materialraan' s lien or other lip or claim of any kind whatsoever khdl be tiled or maintained against the Work, Property, Improvements or Interests or any Part or parts thereof or the fees thereto, by or in the name of the Subcontractor for work done or for any labor, tools, equipmatt, materials, supervision or other services furnished by Subconractor under the Subcontract or any supplements or changes theroto, written a oral, for and about the Work, the Property, the Improvements or the Interests or any parts ther+cef, or on credit !hereof; nor shall any claim or liability for such labor or rruueriala or work performed arise, exist or be filed against any of the Owners, their respective suoaesaors (including, successors in interest) or assigns by or in the name of Subcontractor. 2. This Waiver of Liens shall be an independent covonarrt which shall be binding on Subcxrdtractor, notwithstanding any breach or default under the Subcontract and shall operate and be ef'bctive as weal with'. respect to work done and maUerials and services famished ands any supplemental contract for extra workk in c~rlneetion with the Work. It is the full intent of the Subcontractor under this Waiver of Liens and the Subcontract, that the Initial: , right to file a mechrwic's Gen or other olalm, under the provtaiona of Acts of Asrarnbly in each aaaoe made aad provided, ~r work done or materlaia 11n^ahdred in cad about the erection, corsewodon, dsmolttloa or repairs of the Work, la kraver, abaotutraiy and htevocatbiy herby waived. 3, la order to Siva the Owaert tbll power and awthorlty to protoct thearaslvea, and tl#a Work, the Praparly, tba lmwramw~a and the Interatps aaaiau aay and all alairra filed by or in the name of tbs Shrboot>t~ctor in violatloa of the breooia~S oovenanta, ~s Ste, !br half. its etiooattoa sad aaiSaa, hanb~ inravooably suiborlr3oa and aapowecs any attorney of aay Corot of Conrtnon Pleas of the Catarroawealih of Fa~asylwris b agpaa flat Bulr~raotor, ht arty ttwh Court as Atuoraey for Snbaoatractor, and hr hie or ita acme, merit aed~led of rsoard. at the Doer and eurpaaae of file $uboontraotar ar in h€a or Ns name, arq cad rdl meohantet' liaa ~, ar ohdau or mrderWmen' a Ike or ohrhna or other tiara or claims of atq+ klad whataoaver flied or tnahrtait-ed aphwt firs W!ark, the Propargr, rite Improvsmart: or the Intact or any pate thereof or the ~ tharebo, and kK wah eat or eats title aha11 be Sood and autflclent wtunr~ and authorky add a rsfiret-oe to the Court and to rite docket irr whkh mtd whore thin taNrnmart shalt have been Bled ahaU be a auffioiarrt exhibit of the qty herdn pordair~f bu vnarrarrt aastt atdton, cad the $uboontracbor dose har+eby rakaae all arrort and deflrob ~ In thi ot'aay such ©n or the aaaroiae of the ardhorlt~r hereby oani~d. In tie sver-t that any color of ocrt jurkdiotion than dagrmhte thtt cry pravi~on of thin Watver of Llara k vokt a unanRorcaibk In aoodrdants with its terrna, the 8uboorttaecoor exprealy cmnsenta and agree drat this Waiver of Llent may be modified by add Cpu~t ouch that the offing provision shall be of no fiatlrer tbrca and oflleat, but the romainda of tbi: WtdtMer of Lidos, and all ether terms turd oonditiaeui hereof, if aay, shall coathrue to be bindhrg on the Subcorrtrac~ar acid all pattlea aIatmh~ fi the arena of or on behalf ofthe Subcontractor. 4, THIS WAiVSR OF LIBNS, at the election of the Owners, Wray be 8kd k the atHae of the Prvkoaotary of Cumberland County, t?eanaylvaala, pursuant to the provialons of ~ ivieohaaia'a Lkn Law, and' the reee~t ibr :tmh flies wilt 6e dellveted to the Owaara. Thla Waiver of Lkna shall be bitulhtg upon .the ~, is nsooeasora and aaaigas, and anyaae filing a nteahania's lion or odher aWrn in rho Hoare of or far or an behalf of the 3ubaontraabor. IN WITNESS WHEREOF, rho Subcontractor has duly executed this Waiver of Liana Stipulation By Subcoatraotor as of the data Brat above written. W1TN ~ ~ S . o. ~ - ~+•, -.- By: ~..?t ~.i.d A i.. Cts tR t~,+f3 S Title: N ~"' WITNESS: AckaowledSonumt and Consent: By: Title: THE UND13R8iONED DEVELOPER AND CONTRACTOR, BY EXBCtJTitNd BELOW, ACKNOWLEDGE AND CON$ENf TO THE POREGOINO WAIVER OF LIEN$ STIPULATION. Campus Apartments, Ina Fortuna-Johnson, inc. By. s~~ By. ~ •,, Title isle: Initial: STATE OF / f ~~rb SS: COUNTY OF ~~ BEFORE ME, a Notary P blic of the ~ in the static of appvsrod rs who acknow ged hirnseifl6etself be the ' of , .. ' that hdahe, as such oT~c~r, lx~ing authorized to do so, executed the foregoing rostrum nt for the pukposes theroltt contained by signing the name of suet corporation by himseif/hcraelf as such officdr. A~IE/SHE FURTHER ACKNOWLEDIGED THAT, as of tiais _,~~ day o~ /~ , no work had begun upon the property of the Ovmera reiismed to in the,.. forogoing ~~~ at the cam of 3hi Univ pus ppensburg ers~tY of Pennsylvania, Slrfppa~sburg Tpwn~itip and Shippeusbucg Borwgh, Cumberland Courty, P4nnsyivania by the Sttbcontraotior, r~or has fire Subconteactior provided or suppiied any iabor, materials or sorvioes in connection with the Work or an or for the bantriRt of the Property. wrlrrESS: -~~ SWORN TO AND SUBSCRIBED before me this By: t~J«w ~..~,,Ars~tdS Tltie: MA-~C.i~ ~ t,~, _--~ ~l~day of 2931.,0 f 3 Notary Public -~ Iviy Commission Expires Y DE~a~K. PRICE ~~ Cow., M~ 4 My Oomrn.',egps.,Hn.19,ZOt4 InIWd:J~E~= Exhibit 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 areas on each floor, study lounges, recreational spaces and laundry facilities.