The URL can be used to link to this page

Home My WebLink About05-3390 STEVENS & LEE, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 25 North Queen Street Suite 602 P. O. Box 1594 Lancaster, PA 17608-1594 Attorneys for Plaintiff D.P. PARTNERS 200 North Third Street Suite 1402 Harrisburg, PA 17101 Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO.: 05-- 337.0 /V)Li:J .J~ v. A.P. WILLIAMS, INC. 3035 North Progress Avenue Harrisburg, PA 17110 Defendant. CONTRACTOR'S WAIVER OF LIENS PURSUANT TO 49 P.S. SECTION 1402 bHtn THIS AGREEMENT made and concluded this _ day of June, 2005, between D.P. Partners of200 North Third Street, Suite 1402, Harrisburg, Pennsylvania ("Owner") and A.P. Williams, Inc. of 3035 North Progress Avenue, Harrisburg, Pennsylvania ("Contractor"). THE BACKGROUND ofthis Agreement is as follows: A. By a duly executed written agreement bearing even date herewith (the "Contract") Owner and Contractor have contracted for the erection, construction and completion of the construction of a Border Tenant Fit Out - Carlisle Logistic Center (the "Improvements") to be erected on real estate described in Exhibit "A" attached (the "Property"). B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's lien or claims would be filed or maintained in the SLl 547680.1/64470,007 Property or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the Improvements on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: I. The Contractor, for himself and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished 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, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for al subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 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 SLl 547680vl/64470.007 under any supplemental contract for extra work in the erection, construction and completion of the Improvements as to any work and labor done and materials furnished under the Contract. 3. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHERE OF the said parties have hereunto set their hands and seals dated the date and year first above written. A.P. Williams, Inc. (Contractor's re Typed) By; A/--{rfi-- (Signature) Name; Paul Williams (PrintIType) Title; President (PrintIType) NOTARIAL SEAL .WE M.A8MMO. NallIIyNllc Cllrot~. Oq;'1Iri Countv My Ca..... IlIA EJjlhs Ibat ft, 21107 d~ fY1.L2briwnu- I..JJ/()Lj los- SLl 547680v1/64470,007 '. All that certain lot or tract of land being situated on the east side of Meadowbrook Road, T -706, the south side of the Pennsylvania Turnpike, Interstate 76, the west side of Dyarman Road, T -483 and the north side of Logistics Drive (unimproved) in the Township of North Middleton, Cwnberland County, Pennsylvania, said lot being more particularly bounded and described as follows: Beginning at a concrete monwnent on the southern right-of-way line of the Pennsylvania Turnpike, Interstate 76 (200' wide right-of-way), said point being the northwest comer of the hereon described lot and a comer of land about to be conveyed to the Pennsylvania Turnpike Commission; thence along the southern right-of-way line of the Pennsylvania Turnpike, along a curve to the left, having a radius of38,297.20 feet, an arc distance of 1,647.01 feet, and a chord bearing of North 80 degrees 50 minutes 28 seconds East a chord distance of 1,646.88 feet to a point near the centerline of Dyarman Road, T-483, to be vacated (33' wide right-of-way); thence along the centerline of Dyarman Road the two following courses and distances: 1) South 24 degrees 59 minutes 23 seconds East a distance of7.66 feet to a point; 2) along a curve to the left, having a radius of240.50 feet, an arc distance of 281.10 feet, and a chord bearing South 58 degrees 27 minutes 51 seconds East a chord distance of 265.37 feet to a point, said point being a comer of lands of John M. and Beulah B. Lippert; thence along lands of John M. and Beulah B. Lipper the two following courses and distances: 1) South 63 degrees 23 minutes 37 seconds West a distance of 198.20 feet to a concrete monwnent; 2) South 27 degrees 06 minutes 10 seconds East a distance of 834.14 feet to a concrete monwnent, said monwnent being the northern right-of-way line of Logistics Drive (60' wide right-of-way); thence along the northern right-of-way line of Logistics Drive the three following courses and distances: 1) along a curve to the right, having a radius of 35.00 feet, an arc distance of 59.55 feet, and a chord bearing South 21 degrees 38 minutes 16 seconds West a chord distance of 52.62 feet to a point; 2) along a curve to the right, having a radius of 270.00 feet, an arc distance of 47.47 feet, and a chord bearing South 75 degrees 24 minutes 56 seconds West a chord distance of 47.41 feet to a concrete monument; 3) South 80 degrees 27 minutes 10 seconds West a distance of 1,931.48 feet to a concrete monwnent, said monwnent being the point of beginning for a curve connecting the northern right-of-way line of Logistics Drive to the eastern dedicated right-of- way line of Meadowbrook Road, T -706; thence along said curve to the right, having a radius of 35.00 feet, an arc distance of 57.24 feet, and a chord bearing North 52 degrees 41 minutes 44 seconds West a chord distance of 51.07 feet to a point on the eastern dedicated right-of-way line of Meadowbrook Road (25' from centerline); thence along the eastern dedicated right-of-way line of Meadowbrook Road, North 05 degrees 50 minutes 38 seconds West a distance of 440.55 feet to a point, said point being a comer of lands about to be conveyed to the Carlisle Suburban Authority; thence along lands about to be conveyed to the Carlisle Suburban Authority the three following courses and distances; 1) North 24 degrees 24 minutes 45 seconds East a distance of 69.46 feet to a point; 2) North 05 degrees 50 minutes 38 seconds West a distance of 50.00 feet to a point; 3) South 84 degrees 09 minutes 22 seconds West a distance of 35.00 feet to a point, said point being a comer of lands about to be conveyed to the Pennsylvania Turnpike Commission; thence along lands about to be conveyed to the Pennsylvania Turnpike Commission the two following courses and distances: 1) North 03 degrees 52 minutes 36 seconds East a distance of 378.19 feet to a point; 2) North 06 degrees 54 minutes 22 seconds West a distance of 141.17 feet to a concrete monwnent on the southern right-of-way line of the Pennsylvania Turnpike, the point of beginning. Containing an Area Of 46.079 Acres. SLl 54857Ovl/64470,OO7 ~ ~ ~(\~ ~ V-l --- 6"- \.1., ~ VI "<\ .......... ~ w ...... 0.a , :-~ I:~;" ." .' " ~i~:: !::C) %(~) c: z =< \ o C- o',,, ....., c=> co c.n <-- ,- r- I U1 ;:r.. :x o -n :t:n ~:: F;; r?\ 5}~ Ie? 0'" _.~(.., ~-m ~ ~ -< en u1