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HomeMy WebLinkAbout13-1230IN 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: ~.3 "" ~ ~ J ~ ICI G 1~ WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR Code: Filed on behalf of: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIIPPEN~BURG UNIVERSITY OF PENNSY~.VAN1A OF THE STATE SYSTEM OF HIGHER EDUCATION; and SHIPPEIrISBURG UNIVERSITY STUDENT SERVICES, INCORPORATED ~"~ Subcontractor Defendant. 1 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 Shippensburg University of Pennsylvania of the State System of Higher Education: Jacqueline Morrow, Esq. c ~ ~;, Pa. LD. No. 37222 2986 North Second Street z ~ ,, ~ Harrisburg, PA 17110 ~~ , ~ c~ ~ n ~ o ~,. ~ ~ .r- .. ---t N -~ ~; ~r- o -tp ~~ ~~ ~ c} ('rt T~ ...;. CIVIL DIVISION ,~2c~. oo ~d Pi~~ ~~sh Initiate Exhibit "K" WAIVER OF LIENS STLPt1LAT101V BV St[_-~nN~r~c-rnQ T IS WAIVER OF LIENS STIPULATIOthis "w ver of Liens") is made on ~~' , 20g by, a L`•vn- ~~e~ ' corporatiext, '~ address) thereinafter the ~ "). Z t $5 Cou-~out~ I~ tq-tl{. u-~- C4~Q,~v, eYsbu.~g 1~ 1'llo I wtTrltssl~'tI: WHEREAS, Shippcnshurg Uni~rsity of Pennsylvania of the State System of Higher Edut~tion ("Siippe~rbura) awns or, pursuant to an agreement with the Commonwealth of Peru~ylvar~ia Deparanent of General Services ("DGS"), has occupancy, custody and cattrol of certain property hued pn Shippratsburg's campus being partially located in both Shippettsbtrrg Township and Shippensburg Borough, Cumberland County, Pennsylvania, which is depicted on Exhibit A (the "Rtoperty"); WHEREAS. Shgrpensburg University Student Services, Incorporated ("SU5SI" attd, togcttxrr with Shippertsburg arul DGS, the "Owners") is or will be a tenant and/or licensee of the Property; WHEREAS, SUSSI has entered into a development agrex;mcnt relating w the dcvelopnx;nt of tlx: Property. with Campus Apardnents, Inc. (the "Developer"); and WHEREAS, purauam to a contrae:t or contracts between Fortune-Johrrson, lnc.(the "Prinz Co~atrador") and the Devebper (the "Prlttae Contract" f, the Prime Contractor has agroed to supply labor, materials ami services anti pcr[txm exrtain wnstruction and demoFition work upon the Property (the "Work"). Ternts ulmc! in this Waiver of Liens which are defined in the Pennsylvania Meclumic's Lien Law of 1963, as the same has hero and may be amender! from time-to-time in the future (the "Mechanic's Lien Law"), shall have the monologs s~cigned to therm in thr Mechanic's Lien Law unless otherwise defined in this Waiver of Liens: WHEREAS, Suhoontrat~or has entered or will enter into a contract to supply or cause to~be suppliexi lalwr, materials and services and/or perform or cause to be performed certain work wh~lt call! be incca'rlwratesd into, anti form a part of, the Work (the "Subcontract" and together with the Prime Contract, rnllectively.'the "Contrada ): and WHEREAS, tlu: Developer and/or tlx: Contractor has posted or will post a bcx-d guarantex;ir~ payment for labor and materials provided by subcontractors (which term, as defined in the Mechanic's Lien Law, includrs. without limitation, sub-suboantractors) in connection with the Work; and WHEREAS, the Owners, Contractor and Subcontractor will bcnc:Ctt from the Work on the Property. NOW, THEREFOR, in e:orueitkration of the foregoing premises, the covenants and agrecrments contained in the Contracts, and interring to be h:gally hound Hereby, the SubtrontracWr, for itself and its suce:essson and assign:, doer herre~y covenant, stipulate, promise and agree as follows: 1. That to lien or right to file a lien or claim against the Wank, SUSSI's interest in the Property, any improvements on the Property (collectively, the "Iatprovemeds") or the respecitive estates, right, tith:s or interests of the Owners (cdhxtively, "Interests"), or any part or parts thereof shall accnre or exist in the: 5ubcatttacmr, that no mechanics' lien or c~im ex materialmen' s lien or other lien or claim of any kind whatsocvcr shall btr Ghrd or maintairred against the Work, Property, Improvements or Interests or any part or parts thereof or the appuricnancca tben:w, by or in tlx: rwme of the Subcontractor for work done or for any labor, tools, cqu~pment, materials, superrvision or other services furnished by Subcontractor untkr the Subcontraet or any srrppler4sctrls eu changers therreta, wriucn or oral, for ark shoes the Work, the Property, tlx: Improvements or tlx: Interests or, any parts thextrot, or un exe:dit therex~f; nor shall any claim or liability for such labor or materials or wtxk pcrfornxxl arise;, exist or Ixr Ghscl against any of the Owners, their respective stxxxsssors (including, suaxrssors in interest) or assigns by or in the name of Subcontractor. ?. This Waiver of Liens shall be an independent covenant which shall be binding on Subcontractor, notwithstanding any bnrach or default under the; Subcontract and shall operate and be c[fixtive: as weU wuth respe~e.~ to work done and materials and services furnished unek;r any supplemental contract [or extra work in conntxtion with the; Work. It is the full intent of tMr Subcontractor under this Waiver of Liens and the; Subcontract, that then Initial: ,~ right to file a mechanic's lien or other claim, under the provisions of Acts of Assembly in such ~tsees made and provided, for work done or materials furnished in and about the erection, construction, dcrrwlition ex repairs of tla: Work, is forever, ahsolutely and irn;voc~ably lx;reby waivexi. 3. In order w give the Owners full power anti authority to protex;t tlx;msclvcs, and the Work, the Pn~x:rty, the lmprovcmcnts and the lnten~ts against any aril ail chums Clod by or in the nanm of tM: Subcontracwr in violation of the foregoing oovcnants, the Subcontractor, for itself, its sttcxxssots and assigns, hereby irrcvoc~bly uuthonce~ and empowers any attorney of any Court o[ Common Pleas of the Commonwealth of Pcnrgsylvania to appear Car Stdte:ontracxor, in arty such Court as Attorney for Subcontractor, and in hhe or it4 , mark satisfivKl of rescord, at the cost srd expense of the Subcontractor or in his or its name, any and all mechanics` liens or claims or materalmen' s liens or claims or other liens or claims of any kind whatsaw;r filed ar maintained agairt~ the; Work, the Property, the Improvements or tM; (nlenxsts or any parts thcnxtf or the appurtenances tlx;rcw, and for such ~:t or acts this shall Ix: good and sufficient warrant anti authority and a rcfen:ner: W the: Court and to the dodaet in which and where this inswntent shall have been filed shall be a suffuient exhibit of the authority lk;rein contained w warrant sue:h acticxy and the Stdx:ontraeKor dots hereby release a!I errors and dcfeects whatsocvcr in the: entry of any such satisfaction or the exercise of the authority hereby cwtfern;d. In the event that any court of cx>n~etent jurisdiction shall determine that any provision of this Waiver oC l.icns ~ void or unertforueablc ~n aocordancc with its terms, the Subcontractor expressly consents and agrees that this Waiver of Liens may Ix: modlifted by said Court such that the ofkrdir~ provision shall be of no fiutlter forrx; and effect, but the romainder of thik Waiver of Liens, and all other tcrttts and corrditior~ hereof, if any, shall continue to be binding on the Subextrttrae;tor and all panics claiming in the name of or on behalf of the Subcontractor. 4. THIS WAIVER OF DENS, at the elex~ion of tlu: Ownetx, may M: filed in the offiex: of the: Protlwnotary of Cumber~atd County, Pennsylvania, pursuant to the provision of the Mechanic's Lien Law, and tM: rex:eipt for such filing will be dcliver~ed to the Owners. This Waivex of Liens shall be binding upon the Subcaontractor, tts successors and assigns, and anyone filing a mechanic's lien or other claim in the name of or for or on behalf of tlx: Subcontractor. IN WITNESS WHEREOF, the Subwntrador has duty executed this Waiver o[ Liens Slipuiation By Sutx:ontr~KOr as o[ the date first above; writle:n. WITNESS: 1`~~r~tl~n!Cs-~ ~~t'1~'R'iIC~ ~~ By: _ ~" t WITNESS: By: Title: Ackrtowledgenx;nt and Consent: THE UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW, ACKNOWLEDGE AND CONSENT TO THE FOREGOING WAIVER OF LIENS STIPULATION. Campus Apartrtx:nts. lnc. By: Tit e: Fortune; Johnson, Inc. By: ~~ Title: _ ~- ~~ f~ Initial: ,,~ SUBCONTRACTORS' ACKNOWLE ,EMFN'I' STATE OF ~enr1S+~~Ua~~ a COUNTY OF F~--~~~C.-1`n SS: BEFORE ME, a Notary Public of the ~~ ~ `WC..L1l.O in the state of ~_ , pe'r~slonally appeared '~,~ ~- who acknowledged himself/hers~lf to be the rl~~ o , , and that helshe, as such officer, berg authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of such corporation by himself/herself as such officer. AND HEJSHE FURTHER ACKNOWLEDGED THAT, as of this ~ day of 2013, no work had begun upon the property of the Owners referred to in the foregoing instrument at the campus of Shippensburg University of Pennsylvania, Shippedburg 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: By. __ Title r _ SWORN TO AND SUBSCRIBED before me this ~ day of 2013. caa~a~~ ~o~~sr~v+~w- BGNiEK~ItE~ ~ Paac ~» F OaOnlia-~i ~i- X114 Notary Public My Commission Expires tnitial: Each 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.