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HomeMy WebLinkAbout14-3560 1 )� WAIVER OF LIENS Application No. 2014-3/MOLLYPIT THIS AGREEMENT made and concluded this 90P4_day of , 20A, between Molly Pitcher Il, L.P., party of the first part (hereinafter called Ovner), AND Tuckey Restoration, Inc., a Pennsylvania corporation, Kenneth L. Tuckey, President, party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, the said parties have a by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the construction and/or rehabilitation of a housing project upon the real estate located at 15 S. Hanover Street, Unit #2, 4th & 5th Floors, Carlisle, Cumberland County, Pennsylvania,more specifically described in the attached"Exhibit A". WHEREAS, Orrstown Bank, Pennsylvania Housing Finance Agency and Borough of Carlisle (collectively "Lenders") have agreed to lend and advance certain funds to owner to finance such rehabilitation of the housing project in consideration of the execution of this waiver. NOW THIS AGREEMENT WITNESSETH: The Contractor for and in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise. AND, in order to give the Owner or Lenders full power and authority to protect itself/himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name against building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day and year first above written. ATTEST: Molly Pitcher II, L.P., a Pennsylvania limited partnership By: MP2 Development,LLC, a Pennsylvania limited liabili company, General Partner AL-A By: Step en G. Landis, Manager of MP2 Development, LLC Tuckey Restoration, Inc., a Penn ylva is corporation INVAIASNN3d is nn 0NV1838wn'_) By: Kenneth L. Tuck resid t :C Gid Z I NAP [fl C7 71 J,.J.: G /9s-; 9 rfr 0 7vp/dam EXHIBIT"A" LEGAL DESCRIPTION ALL THAT CERTAIN condominium unit in the property known, named and identified in the Declaration of Condominium referred to below as Molly Pitcher Condominium, located in the Borough of Carlisle, Cumberland County, Commonwealth of Pennsylvania, which has heretobefore been submitted to the provisions of the Uniform Condominium Act, 68 Pa.C.S. §3101 et seq. (the "Act"), by the recording of a Declaration of Condominium for Molly Pitcher Condominium dated January 23, 2014 and recorded January 31, 2014 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, as Instrument No. 201402424, being designated on the Declaration Plans attached thereto, as Unit 2, and more fully described in said Declaration and Declaration Plans, together with a proportionate undivided interest in Common Elements of 37.4 percent. KNOWN AND NUMBERED as 15 South Hanover Street- Unit# 2 - 4th & 5th Floors, Carlisle, Pennsylvania 17013. BEING A PORTION of the same premises which James C. Costopoulos, by deed dated and recorded January 14, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 267, Page 807, granted and conveyed unto Hanover Street Senior Apartments, L.P.