HomeMy WebLinkAbout13-6216 IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF CIVIL DIVISION
PENNSYLVANIA DEPA.RTMI',NT OF '3 —011b m �J
GENERAL SE.R.V ICES; S.HII .PENS:BURG No:
UNIVERSITY OF PENNSYLVANIA OF
THE STATE SYSTEM OF HIGHER WAIVER. OF LIENS STIPULATION BY
EDUCATION, a bode corporate and politic SUBCONTRACTOR
constituting a pciblic corporation and
i.ristrurnentality under the laws of the Code:
Commonwealth of :Pennsylvania; and Filed on behalf of:
SII.IPP.ENSBURG IJN:IV:I RS.ITY
STUDENT SERVICES, COMMONWEALTH OF
INCORPORATE D, a Pennsylvania PENNSYLVANIA DEPARTMENT OF
nonprofit corporation, GENERAL SERVICES; SHIPPENSBURG
Owners UNIVERSITY OF PENNSYLVANIA OF
T.uE STATE 'SYSTEM OF I IIGI -tER
Plaintiffs
vs, EDUCATION, and SHI:P.PENSBURG
UNIVERSITY STUDENT SERVICES,
I. *.l INCORPORATED
Subcontractor Owners /.Plaintiffs
Defendant.
(: ER °I�IF °IC: �Th O1� LOCA University of Record for Shippensburg
Un.iversitti of Pennsylvania of the State:
I .HEREBY CER "fIFY that the location of System of Higher Education:
the Real Estate affected- by this lien waiver Jacqueline Morrow, Esq.
is: Pa. I.D. No. 37222
2956 North Second. Street r ��
Campus of Shippensburg University of Plan °isbur�7, 'PA 171 'I O � �'
1 .�
ennsylvania, Shippensburg Township and
Shippensburg Borough, Pennsylvania r
18301 r —z
�-� Tyr -•'•' -,
N)
,��C/• oaPc�
Exhibit ".K"
WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR
THIS WAIVER OF LIENS STIPULATION (this "Waiver of Liens ") is made
2013 b "'
.......... _ Y, . �!!�fca ._._.._._.........._._ _�. corporation,
aaddress) (hereinafter the "Subcontractor ")
WITNI;SSETIt:
WHEREAS, Shippensburg University of Pennsylvania of the State System of Higher
Education ("Ship pens buirg'') 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 Shippensbttrg's campus being partially located in both Shippensburg
'Township and S1lippensbl.lfg .13orot1L;lr, Cumberland County, Pennsylvania, which is depicted on
Exhibit A (the "Property"),
WHERF,AS, 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 Fortune- Johnson, Inc.(t:he
"I'rirnc Contractor ") and the Developer (the "Prime Contract "), the Prime Contractor has
a;:.rrecd to supply labor, materials and services and perform certain construction and dernolition
work upon the :Property (the "Work "). '.Terns used in this Waiver of Liens which are defined in
the Pennsylvania Mechanic's lien .L,aw of 1.963, as the same has been and may be amended from
tine -tine in the future (the "Mechanic's C,ien Law "), shall have the meanings assigned to
then in the Mechanic's Lien. I.,avi 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 worl�
which will be incorporated into, and fora a part of, the Work (the "Subcontract" and together
with the Prince 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 Licrr Law, includes, without: limitation, sub - subcontractors) in
connection with the Work; and
WHEREAS, the Owners, Contractor and Subcontractor will benefit trom the Work on the
Property.
1 FIDATA 3444099_1
NOW, - rflCREFOR, 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 covenant, stipulate, promise
and agree as follows:
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 "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
materi.ahnen'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 furnished by Subcontractor under the
Subcontract or any ar:r.pplena.ents or changes thereto, written or oral, for and about the Work, the
Property, the Improvements or the Interests or any hurts thereof, or on credit thereof; nor shall
any claim or liability for such Labor or materials or work. performed arise, exist or be fled 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, notwithstanding any breach or default. Minder 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 hull intent of the
Subcontractor under this Waiver of Liens and the Subcontract, that the right to ff.le a mechanic's
lien or other claim, under the provisions of Acts of Assembly in such cases rnade 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 cinpowers 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 clai:nzs or materialnren.'s liens or claims or other liens or claims of any kind whatsoever fled
or maintained against the Work, the Property, the Inprovements 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 anal 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
ill 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 I_Jens 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
PIIDATA 3444099,1
i
Liens, and all other terms and co.rlditions .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, Penfnsylvania, 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 shrill be binding upon the Subcontractor, its successors and assigns, and anyone
tiling; a mechanic's lien or other claim in the .na�une of ol or on behalf of the Subcontractor.
IN WITNESS Wl- REOF, the Subcontractor has duly executed this Waiver of Liens
Stipulation By Subcontractor as of the date first above written,
WITNESS: i E' tl .. / � { .� c >r�� �✓1c.,
a
I
By:
Teti
WITNESS:
..............
By:
Title:
I
Ack.nowledbernent and Consent:
r
THE UNDERSIGNED DEVELOPER AND CONTkACTOR, BY EXECUTION BEI..,OW,
ACKNOWLEDGE ANT) CONSENT TO TUE 'FOREGOING WAIVER OF LIHNS
STIPUL,.ATION.
i
Campus Apartments, Inc. Fortune- Joh:n'son, Inne.
I
By: _ By. ....................
Title: , sK _ _ _.. Title:
PHDATA 3444099
�J
STATE OF h1trw..'_
SS:
COUNTY OF
BEFORE 0E u Notary Public of the in the state of
personally appeared who acknowledged birnau|Vhumdf to be the
of_{,~^� / _ .... - and fbadbn/xhe, as such officer, being authorized to
do am, executed the fhrogo\ugiuntruc000t for tbopurposes 0zczcio contained by dguioQ the uumc
o[ such corporation bybiousclf/bemc}fus such officer.
AND HE/SHE FURTHER ACKNOWLEDGED T"/\T, as of this day o[
20l3Loowock.buUbegunnpumdkepropoMyoftheOvvnnszo{entdtoiutbeforogoiog
instrument at the cunupox of Sbipponabura University of Pennsylvania, Sbippenohurg Tovvomhip
and ShippensburgBorough, Cuniber County,.Pennsylvania by the Subcontractor, nor has tile
Subcontractor provided or supplied any |uhnr, materials or services in connection with the Work
oronor for the benefit ofd/cProperty.
WITNESS: T Snbcookautozl�uozchere
0 AND � ��
SUBSCRIBED before mcthis day of 64- ,201 ?
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`Pub|ic '
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Mv Commission Expires