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HomeMy WebLinkAbout13-2744 C1� i H `P ROTNOtf C Z MAY 1S X112 1 4 / CU p 8 ERL Arr'D WAIVER OF LIENS ST4fflW SUBCONTRACTOR ` THIS WAIVE OF LIENS STIPUL,�T10 is aiver of Liens "') .is made on r, f0, 2013 by, //40 _Z� corporation, lr (address) (hereinafter the ttbcontra r "). WITNESSETH: WHEREAS, Shippensburg University of Pennsylvania of the State System of higher Education ( "Shippensburg ") 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 depicted on Exhibit A (the "Property "); WHEREAS, Shippensburg University Student Services, Incorporated (" SUSSP' and, together with Shippensburg and DGS, the "Owners ") is or will be a tenant and /or licensee of the Property; WHEREAS, SUSSI has entered into a development agreement relating to the development of the Property with Campus Apartments, Inc. (the "Developer "); 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 perform certain construction and demolition work upon the Property(th'e "Work "). Terms used in this Waiver of Liens which are defined in the Pennsylvania Mechanic's Lien Law of 1963 as the same has been and maybe amended from time -to -time in the future (the "Mechanic's Lien Law "), shall have the meanings assigned to them in theMechanic'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 and/or 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 and/or 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 Prclierty. 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 eovenarrt, stipulate, promise and agree as follows: 1. That no lien.or right to -file a lien or claim against the Work, SbJSSI's interest in the Property, any improvements on 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 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 Iabor, tools, equipment, 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, successoii 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 well 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 Subcontrae% that the ��� S 3�� 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 assigns, hereby irrevocably authorizes and empowers any attorney of any Court of Common 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 or claims or materialmen' s liens or claims or other liens or claims of any land 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 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 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 the 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. IN WITNESS WBEREOF, - the Subcontractor has duly executed this Waiver of Liens Stipulation By Subcontractor as of the date first above written. • V C.�O�i alc By Title: WITNESS- l B y: 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. B . By. Title:_ / � Title: /y1,4,M 3` R SUBCONTRACTORS' :ACKNOWLEDGEMENT CMIADNAAM Of PBiB WMM STATE-OF ?enhsyIV cL"; A �ini+r " L SS: No"Pok COUNTY OF 'Dace K, n M0KE OwK M0 8AMM COUNTY P Ay Comm E10" Oaf 20. ;0/8 eon „ BEFORE ME, a Notary Public of the in the state of . S ..t. p ersonally appeared .) d, ' , uk / o, , who acknowledged ' himself/herself to be the of and that he/she, as such officer, being authorized to do so, executed th foregoing i the - purposes therein contained by sighing the :name of such corporation by-himself/herself as such officer. AND HE/SHE FURTHER ACKNOWLEDGED THAT, as of this - a - d y-4 M dr L12, 20113no 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,, Curnberland County, Pennsylvania by the Subcontractor, nor has the; Subcontractor provided or supplied any labor, materials or services "in connection, with the Wo k or. on or, for the benefit of the Property. WITNESS: A., By. Title;' j: SWORN TO AND'SUBSCRiBED:hefore ime this day;of,,201.: ;Notary Public M Commission,Expires. Exhibit ,, Piro7JECT 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 a live -learn environment that will consist of building amenities such as, central common areas on each floor, study lounges, recreational spaces and laundry facilities.