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HomeMy WebLinkAbout13-1229IN 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 laws of the Commonwealth of Pennsylvania; and SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INCORPORATED, a Pennsylvania nonprofit corporation, Owners Plaintiffs, vs. [*] No: /~ ~~~ WAIVER OF LIENS SUBCONTRACTOR Code: Filed on behalf of: /IlG.~ STIPULATION BY COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF GENERAL SERVICES; SHIP'FENSBURG UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION; and SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INCORPORATED Owners/Plaintiffs Subcontractor Defendant. CERTff KATE OF LOCATION Counsel of Record for Sluppensburg 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 CIVIL DIVISION Jacqueline Morrow, Esq. Pa. I.D. No. 37222 ~ o 2986 North Second Street '~~ ';" Harrisburg, PA 17110 r'~-a ~ i~ -.~ ~ -c -- --,~ --~ ~~ r*t~, ~~ ~~ _° c:r-,~ o~ --~ ~ :~ ~~~. ~o ~d~~~~ ea~~ ~~ ~~ ~3 7 3 Initial: m~/ Exhibit "K" WAIVER OF LIENS STIPULATION $Y SUBCONTRACT®~ 3 THIS WAIVER OF LIENS STIPULATION (this "Waiver ~ Liens") is made on, ~'j - 3/ , 2011 by, mt~aMaL 1/Ecsk , a 1~/l I~.~IDF1L, corporation, 63 ke~'rotn tHdyF prtausx~+ ~ (address) (hereinafter the "Subcontractor"). ~ , ~~. WITNESSETH: WHEREAS, Shippensburg University of Pennsylvania of the State System of Higher Education ("Shippenaburg") owns or, pursuant to an agrament with the Commonwealth of Pennsylvania Depsrdnem 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 Coumy, Pennsylvania, which is depicted on Exhibit A (the "Proptrty"); WHEREAS, Shippensburg University Student Services, Incorporated ("SUSSI" and, together with Shippensburg and DGS, the "Owners") is or will be a tenant and/or licensee of the Property; WFIEREAS, SUSSI has entered into a development agreement relating to the development of the Property with Campus Apartments, Inc. (the "Developer"); and V~i~IiEREAS, pursuant to a contract or contracts between Fordrne-Johnson, Inc.(the "Prhae Contractor") and the Developer (the "Prime Contract"), the Prime Contractor has agreed to supply labor, materials and services and perform certain cott~ttction and demolition work upon the Property (the "Work"). Terms used in this Waiver of Liens whicdi are defined in the Pennsylvania Mechanic's Lien Law of 2963, as the same has boon and may be amended from time-tatime in the future (the "Mechanic's Lien Laws"}, shall have the meaaings~ assignad to them in the Mechanic's Lien Law unless otherwise defined in this Waiver of Liens; WHEREAS, Subcontractor has entered or will cuter into a contract to supply or cause Tb be supplied labor, materials and services and/or perform or cause to be performed certain work which will be incorporatied into, and form a part of, the Work (the "Subcontract" and together with the Prime Contract, collectively, the "Contracts"); and WHEREAS, the Developer and/or the Contractor has posted or will post a bond guaranteeing paymern 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 forgoing 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, SUSSI's interest in the Property, any improvements oa the Property (collectively, the "Improvements") or the respective estates, rights, titles or interests of the Owners (collectively, "Interests"), or any part or parts thereof shall accrue or exist in the Subcontractor, that no mechanics' lien or claim or materialmen' s lien or other lien or claim of sny kind whatsoever shall be filed or maintained against the Work, Property, Improvemerns 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, egµipment, materials, supervision or other services fiuaished by Subcontractor under the Subcontract or any supplpmeats or changes thereto, written or oral, for and about the Work, the Property, the Improvements or the Interests dr 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 arty 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 welt with 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 Waiver of Liens and the Subcontract, that the Initial: f'~w"~- 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, constnrction, demolition ~ repairs of the Work, is for~wer, absolutely and irrevoc;abty 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 itsali; its successors and assigns, hereby irrevocably authorises and empowers any attorney of atr}r Court of Common .Pleas of the Comtnonweahh of Pennsylvania to appear for Subcontractor, in any such Court as Attorru;y 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' lien or claims or maixrialracn' s liemc or claims or other liens or claims of any kind whatsoever filed or maintaio¢d against the Work, the Property, the Improvements or the Interests or any parts thereof or the appurtettances there~l, sad for such act or acts this shall be good and sufficient vvarrarrt sod 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 a~ority herein contained to warrar-t such action, and du Subconhactor does hereby release all errors and defects whatsoever in the entry of any such satisf~tion or the exercise of the authority hereby conferred. In the event that any ceurt 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 alai conditions hereon if any, shall continue to be binding on the Subcontractor and all parties claiming in the name of ~ on behalf of the Subcor~actor. 4. THIS WAIVER OF LIENS, at the election of the Owners, may be filed in the office of the Prothonotary of Cumberland Coumy, Pennsylvania, pursuant m the provision of the Mechanic's Lien Law, and the receipt for such filing will be delivered to the Owners. This Waiver of Lien 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. IN WITNESS WI~REOF, the Subcontractor has duly executed this Waiver of Liens Stipulation By Subcontractor as of the date first above written. WITNESS: R~ f hr r. sTton~6 D,R a= Pe.~i ?~ ~,KT wITNESS: a.~. KRErOdn ~ Suff+ Z.~+C Title: _~2 a s ~Da„rr By: Title: Acknowledgement and Consent: THE UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW, ACKNOWLEDGE AND CONSENT TO THE FOREGOING WAIVER OF LIENS STIPULATION. Campus Apartments, Inc. Fortune-Johnson, Inc. BY~ By: ~' ~.~ Title:_1"i2 Title: (/L Initial: !yi w SUBCONTRACTORS' ACKNOWLEDGEMENT STATE OF COUNTY OF SS: BEFORE ME, a No Public of the ~~tmntdr~.,~.~(Ui the state of~ ;~,, Wally appeared who acknowledged himselfihexself t be the of ~iZ,1Cse.;c~e.r~~,lnc, 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 himseIf/herself as such officer. AND HE/SHE FURTHER ACKNOWLEDGED THAT, as of this~_ day of ~~~201~3no work had begun upon the property of the Owners referred to in the foregoing m ent 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 benefit of the Property. WITNESS: ~ i~ of ~Ro1 M 4M T ~.iZ.kAESVa~c ~ ~..~c. 1 By: ,~l'1~,~~~ Title: Ja~s~.~r..-t SWORN TO AND SUBSCRIBED before me this ~ day o 201 ~. `'~Y ~ _; Notary Public '-----~~ My Commission Expires . ~, ~ sort ~+_~__+Y~vanlu noarw sad MkfieMe L Wader, Nppky puWk SoWt LgWondeay 7Mip., Wt~repn Gou~,ty Initial: 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 azeas on each floor, study lounges, recreational spaces and laundry facilities.