HomeMy WebLinkAbout05-2856
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$>tipulation ~gainst Jriens
HOLY SPIRIT CORPORATION, a Pennsylvania
non-profit corporation,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Owner
v.
NO.
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MILLER & NORFORD, INC., a Pennsylvania
corporation,
Contractor
WHEREAS, HOLY SPIRIT CORPORATION, a Pennsylvania non-profit corporation, of 503 North 21st
Street, Camp Hill, Pennsylvania, owner of the hereinafter described tract of land (hereinafter called "Owner"), is
about to execute contemporaneously herewith, a Standard Form of Agreement Between Owner and
Contractor for Construction Projects of Limited Scope/STIPULATED SUM with Miller & Nortord, Inc" a
Pennsylvania corporation, with its principal place of business at 700 Ayers Avenue, Lemoyne, Cumberland
County, Pennsylvania (hereinafter called "Contractor"), for the construction of (i) renovations to a portion of the
second floor of the Commercial Office Building known as "American Office Center," (ii) replacement of the
existing roof, (iii) modification of the electrical system and (Iv) modification of the existing heating, ventilating
and air conditioning system, together with other improvements specifically pertaining to the American Office
Center, 423 North 21" Street, Camp Hill (East Pennsboro Township), Cumberland County, Pennsylvania.
Said construction with respect to the American Office Center, as described above, shall occur on the following
tract of real estate situate in East Pennsboro Township, Cumberland County, Pennsylvania being more
particularly bounded and described as follows:
All THAT CERTAIN lot situate in East Pennsboro Township, Cumberland County,
Pennsylvania, being more particularly bound and described as follows:
BEGINNING at an iron pin on the southern line of property now or formerly of Holy
Spirit Hospital of the Sisters of Christian Charity at the northeast corner of Tract No.3;
THENCE along the southern line of property now of Holy Spirit Hospital of the Sisters
of Christian Charity, North 77 degrees 45 minutes 00 seconds East, a distance of
247.59 feet to an iron pin at the western line of lands now or formerly of Albert
Nations; THENCE along the same, South 13 degrees 07 minutes 00 seconds East, a
distance of 276.50 feet to a point on the northern legal right-of-way of Camp Hill
Bypass (L.R. 770); THENCE along the same, South 49 degrees 01 minutes 00
seconds West, a distance of 287.13 feet to a point at the southeast corner of Lot No.
1-B, Final Resubdivision Plan for Prosperity Development Company (Plan Book 51,
Page 136); THENCE along the eastern line of said Lot No, 1-B, North 12 degrees 14
minutes 47 seconds West, a distance of 82.48 feet to a point at the southeast corner
of the above-described Tract No.3; THENCE along the eastern line of said Tract No.
3, North 12 degrees 14 minutes 59 seconds West, a distance of 332.04 feet to a point
on the southern line of lands now of Holy Spirit Hospital of the Sisters of Christian
Charity, the point and place of BEGINNING.
CONTAINING 1.984 acres, more or less.
HAVING ERECTED ON a three (3) story commercial office building together with other
improvements,
BEING Lot No.2, Final Subdivision Plan for Prosperity Development Company, dated
February 13, 1984, recorded in the Office of the Recorder of Deeds of Cumberland
County, Pennsylvania, in Plan Book 45, Page 102.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That Contractor, for and in consideration
of the sum of One ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof is hereby
acknowledged, together with other good and valuable consideration, for Contractor and Contractor's
subcontractors, and all parties acting through or under Contractor and Contractor's subcontractors, covenant
and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the
above-described real estate for or on account of any work done or materials furnished by them or any of
them in connection with the construction, as described above, pertaining to the American Office Center,
together with other improvements, or otherwise, for, towards, in, or about the completion of said construction
activities, as described above, on the tract of real estate described above and said Contractor, for itself, its
subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and
maintain any mechanics' liens or claims against the real estate above described, and agree that by this
instrument, waiving the right of lien, which shall be an independent covenant.
[THIS SECTION LEFT BLANK INTENTIONALLY]
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WITNESS, our hands and seals this 3/ ,f day of M Cu.(
,2005.
Owner:
Holy Spirit Corporation
By:.A ~ ~Uf ~ ~\'--1
G. Randall Newhouse, President
Contractor:
Miller & Norford, Inc.
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By:
-1:l L. e Ie e, President
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