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Home My WebLink About13-4831 IN THE COURT OF COM -MON PLEAS c ; OF CUMBERLAND COUNTY, PENNSYLVANIA Z3 _. COINWONIVEALTH OF f .r� PENNSYLVANIA DEPARTMENT OF CIVIL DIVISIONa to r C-3 t { << GENERAL. SERVICES; SHIPPENSBURG No: � 3 , L� �' ��. � � � cry UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF.HIG14ER WAIVER OF LIENS STIPUL �N X EDUCATION, a body corporate and politic SUBCONTRACTOR constituting a public corporation and instrumentality under the laws of the Code: Commonwealth of Pennsylvania; and SHIPPENSBURG UNIVERSITY Filed on behalf of- STUDENT SERVICES, INCORPORATED, a Pennsylvania. COM1�10N�VEALTH 4F nonprofit corporation, PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPENSBURG Owners UNIVERSITY OF PENNSYLVANIA OF Plaintiffs, THE STATE SYSTEM OF HIGHER VS. EDUCATION; and SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INCORPORATED Subcontractor Owners /Plaintiffs Defendant. CERTIFICATE OF LOCATION Counsel of Record for Shippensburg ` University of Pennsylvania of the State I HEREBY CERTIFY that the location of System of Higher Education: the Real Estate affected by this lien waiver is: Jacqueline Morrow, Esq. Pa. I.D. No. 37222 Campus of Shippensburg University of 2 986 North Second Street Pennsylvania, Shippensburg Township and Harrisburg, PA 17110 Shippensburg Borough, Pennsylvania 18301 Exhibit "K" WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR THIS WAIVER OF LIENS STIPULATION (this "Waiver of Liens ") is made On Augu i , 201 by, ThyssenKrupp Elevator 519 8th Ave. New York, NY 10018 a New York Corporation, (address) (hereinafter the "Subcontractor'). WITNESSETH: WHEREAS, Shippensburg University of Pennsylvania of the State System of Higher Education ( "Shippensburg ") own or, pursuant to an agreement with the COmmomvealth 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 ( "SUSSI" 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 For•ttme- 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 tine Property (the "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 may be amended from. time -to -time in the future (the "Mechanic's Lien Law "), shall have the meanings assigned to them in the )Mechanic'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 set•Vices 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 /o• 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 oil the Property. PHBATA 34440991 NOW, THEREFOR, in consideration of the foregoing premises, the covenants and agreements contained in the Contracts, and intending and agree as follows: to be legally bound hereby, the Subcontractor, for itself and its successors and assigns, does hereby covenant, stipulate, promise I. 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 respective estates, rights, titles "Improvements ") or the 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 labor, tools, equipment, materials, supervision or other services fin 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 prts any claim or liability for such labor or materials or w oak per orme�d arse, exist or be filed against any 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, not any breach or default under the Subcontract and shall operate and be effective as 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 Subcontract, that the 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 fill) 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 Conunon weal th 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 Of claims or materialmen's liens or claims or other liens or claims of an i or maintained against the Work, the Property, the Improvements or the Interests a or any filed thereof or the appurtenances thereto, and for act or acts this shall be good and sufficient warrant and authority and a reference to the Court and to the (locket 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 hereb n ferred event that any court of competent jurisdiction shall determine that any prov siontOf 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 PHDATA 3444099 ► 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 ofhce of the Prothonotary of Cumberland CotuIty, 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 WHEREOF, the Subcontractor has duly executed this Waiver of Liens Stipulation By Subcontractor as of the date first above written. WITNESS: By:� Tit e: st, K WITNESS: 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. i By: Title: S' By: Title: llaT. Ntgt„�Q}G PHDATA 34440991 SUBCONTRACTORS' ACKNOWLEDGDi ,NT STATE OF Qe— t' COUNTY OF Sv - 1-- SS: BEFORE ME, a Notary Public of the in the state of �� ,� CAcZA<.___., personally appeared Rodney Toussaint who acknowledged himself/herself to be the Reg Acct Analyst of ThyssenKrupp Elevator , 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 himself /herself as such officer. AND I-IE /SIZE FURTHER ACKNOWLEDGED THAT, as of this 1st 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, 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: Type Subcontractor Name here Thyss'!""upp valor B } Till . Region ccountAnalyst SWORN TO AND SUBSCRIBED before me this 1st day of Aug , 201 3 ota y Public My nnnission Ex pr °K[ TEN L. CONKLIN Notary Public • State of New York No. 01006241313 Qualified in Suffolk County My Commission Expires May 16, 2016 PHDATA 34440991