HomeMy WebLinkAbout13-6217 13 - 1�7m
Exhibit "K"
T 22 At
WAIVER OF LIENS STIPULATION BY SUBCONX CT0R
a T�� IVER OF LIENS STIPULATION (this "Waiver LX iens ") is ma e n " L , 2�H� by,
corporation,
f3$6 (address) (hereinafter the "Subcontractor ").
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 ( "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.(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 (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 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 Property.
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 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 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 labor, 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, 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 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
�jq 0 O'
5 oe?,S
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 kind 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 WHEREOF, the Subcontractor has duly executed this Waiver of Liens Stipulation By
Subcontractor as of the date first above written.
WITNESS:
By:
Title:
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.
By: By:
Title: Title: i
6
SUBCONTRACTORS' ACKNOWLEDGEMENT
STATE OF �� ��J�/1 ✓ 1�
SS:
COUNTY OFD C
BEFORE ME, N& ry Public of the in the state of
persona. lly appeared �-J 4ho acknowledged himself /herself to be the
V r Z, , of g? L LL' ,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 HE /SHE FURTHER ACKNOWLEDGED THAT, as of this / day of
f19 , 201 /Ao work had begun upon the property of the Owners referred to in the foregoing
t m
insent 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: [ ]
54&'k By:
Title: v�
SWORN TO AND SUBSCRIBED before me this / ,AA day of 1'fj, 2013.
�- c� Z'-
Notary Public
My Commission EX89 ONWEALTH OF PENN S Y LVANIA
Notarial Seal k
Theresa M. Poole, Notary Public
City of Lancaster, Lancaster county
My Commission Expires Oct. 27, 2016
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIF*.
7