The URL can be used to link to this page

Home My WebLink About04-6514 Waiver of Liens/ Stipulation Against Liens P & P Partners, a Pennsylvania Limited Partnership, Owner : In the Court ofConnnon Pleas of : Cumberland County, Pennsylvania and P & P Enterprises Inc., a Pennsylvania Corporation, Tenant: vs. : No. () '/. (. ') I 'f fY1 t f} 77........ Arthur Funk & Sons, Inc., a PennsywaniaCorpomtion, Contmctor The instrument (so~tirn;~ called "Waiver of Liens", "Stipulation Against Liens" or "Agreement") executed this ~ day of December, 2004 by Arthur Funk & Sons, Inc. ("Contractor''), a Pennsylvania corporation, in mvor ofP & P Partners ("Owner"), a Pennsylvania Limited Partnership, and P & P Enterprises Inc. ("Tenant"), a Pennsylvania Corporation. WITNESSETH: A. Contmctor is a contmctor within the meaning ofthe Mechanics' Lien Law of1963. B. Owner is the fee owner of that certain premises located at 6695 Carlisle Pike (Lot No. 1, Woods Drive Industriall'ark), Mechanicsburg (Silver Spring Township, Cumberland County), PA 17050, together with all improvements, if any, thereon (the "Property"), and has entered into a certain construction contract dated December 10, 2004, between Contmctor and Owner (the "Contmct") for certain improvements in and about the Property (collectively herein the "Improvements"). The Property is more particularly described in Exhibit A annexed hereto and by this reference incorporated herein. The Improvements are part of the Property. C. Tenant is the intended Lessee of the Property and Improvements pursuant to a certain Letter ofIntent, and a Lease which is to be hereafter drawn and executed, with Owner, as "Lessor". D. Contractor has, by this instrument and the premises contained herein, covenanted, promised and agreed that no mechanic's or materialmen's liens shall be filed or maintained against the Improvements, the Property or the estates, rights, titles or interests of Owner (or the Tenant) in the Property or any part thereof, or the appurtenances thereto, either by itself or anyone else acting or claiming through or under it (including, but not limited to sub-contractors, suppliers, material men, workmen or any other person or entity) for or on account of any work, labor or materials supplied in the performance of the work constituting the Improvements, or under any supplemental contract or for extra work, or in the erection, construction or completion ofthe Improvements on the Property or any appurtenance thereto. NOW, THEREFORE, in consideration of the Contract and the covenants of Owner (and Tenant) therein contained, and the sum of One and 00/100 Dollar ($1.00) paid in hand to Arthur Funk & Sons, Inc., the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby: 1. Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanic's or materialmen's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the Improvements, the Property or the estates, rights, titles or interests of Owner in the Property, or any part thereof, or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman or laborer acting or claiming through or under Contractor for work done or materials furnished in connection with the Improvements or under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof. 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the Improvements to the same extent as any work and labor done and materials furnished in connection with the Improvements or under the Contract. 3. In order to give Owner and Tenant full power and authority to protect themselves, the Improvements, the Property, the estates, rights, titles and interests of Owner and Tenant therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attorney for it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where this Agreement shall have been filed shall be conclusive evidence of the authority herein contained to warrant such action, and Contractor, for itself and for them, hereby remises, releases and quitclaims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. 4. In the event any part of this Waiver of Liens / Stipulation Against Liens is determined to be illegal or unenforceable, it shall be deemed stricken or reformed and the remainder of this instrument shall be unaffected and remain in full force and effect. IN WIlNESS WHEREOF, Contractor has executed this instrument as of the day and year first above written. Attest: ~cL~ . l(", "VI tt-h A. Foi111' Its 4.!' S fc Sc </rv,.., ( By: (print) (title) (print) (title) (Corporate Seal ) Commonwealth of Pennsylvania County o!~h~-?W'"' : ss. BE IT REMEMBERED THAT on the /,{T/-I day of December, 2004, personally appeared before me ;/e"'e;rr cr. ,r.z,NK , who is aE$/D€..r of Arthur Funk & Sons, Inc. and acknowledged that he executed and/or is authorized to execute the foregoing Waiver of Liens / Stipulation Against Liens and desires the same to be filed of record. Sworn to and subscribed before me this //.;w day of December, 2004. '--4 ;.;:/ . // "~;'J9J MyCommissionExpires: .~~ Ob., 02006. Notarial Seal . Robert A, Long. Notary Pubhc South Lebanon Twp.. Lebanon County M Commi..lon E. ire' Ma 6. 2006 be'. PennllVlV8nlaAsoacllllOn Notan.. EXHIBIT "A" ALL THAT CERTAIN lot and parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania and being known as Lot #1 on the the Preliminary Final Subdivision Plan for Woods Drive Industrial Park recorded in the Recorder of Deeds Office in Plan Book 89, Page 87, more particularly bounded and described as follows, to wit: BEGINNING at a point located on the southem right-ol-way line of U.S. Route 11 (SR 0011) at a common corner between Lot Nos. 1 and 2 on the plan herein referred to; thence along the dividing line between Lot Nos. 1 and 2 South 17 degrees 16 minutes 45 seconds East a distance of 378.72 feet to a point; thence continuing along said dividing line South 39 degrees 08 minutes 46 seconds East a distance of 141.54 feet to a point on the northern line of Doria Drive; thence along the northern line of Doria Drive along a curve to the left having a radius of 780.00 feet and an arc length of 241.18 feet to a point; thence continuing along the northern line of Doria Drive South 33 degrees 08 minutes 15 seconds West a distance of 67.12 feet to a point of the curvature connecting Doria Drive and the eastern relocation line of Woods Drive; thence along a curve to the right having a radius of 25.00 feet and an arc length of 39.27 feet, a chord bearing of South 78 degrees 08 minutes 15 seconds West a distance of 35.36 feet to a point on the eastern relocated line of Woods Drive; thence along the relocated line of Woods Drive the following four courses and distances to wit: 1) North 56 degrees 51 minutes 45 seconds West a distance of 117.41 feet to a point; 2) thence along a curve to the right having a radius of 670.00 feet and an arc length of 436.42 feet to a point; 3) thence North 19 degrees 32 minutes 30 seconds West a distance of 121.37 feet to a point; 4) thence North 02 degrees 39 minutes 58 seconds West a distance of 51.67 feet to a point on the southern right-of-way line of U5. Route 11 (SR 0011); thence along the same the following 3 courses and distances: North 72 degrees 43 minutes 15 seconds East a distance of 47.21 feet; North 17 degrees 16 minutes 45 seconds West 10 feet; North 72 degrees 43 minutes 15 seconds East 413.18 feet to the point and place of BEGINNING CONTAINING 6.10 acres or 265,912 square feet, more or less. BEING the same premies which Mark X. and Susan K. DiSanto, husband and wife, and John M. and Maria T. DiSanto, husband and wife, by Deed dated August 26, 2004 and recorded August 27, 2004 in the Office of the Recorder of Deeds of Cumberland County, PA, at Deed Book 264, Page 4619, granted and conveyed unto P & P Partners. "'" - " . "" ;:: \.u. "-'~ ~. t ~~! \ \ t ~. ~\\ r~ - l>-> "" ...,. '-I I.r, "<> ..;,. ..:, ~ \>.l --:, \' ~~ J -tt :p o s; qJfF ?~("' U1 ", -"~ ".-; r-::~ ..c'_. *~~~ FC '7 ~ .., "- er, '2.. ....., = "'" JC" C) rn c-> 1') C1J ~ ,-< ~:n r-- :9~ _d ."'! ~." .'\ I ~() -,.1""'l" __>-_"""T-' r,;<!c.) Om -A ~D ,< -TI ::J: r. w