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Home My WebLink About05-4109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THF SILVER SPRING DEVELOPMENT, L.P., CIVIL DIVISION a Missouri limited partnership, Owner, vs. REAM ROOFING ASSOCIATES., INC., Contractor. Certificate of Location I hereby certify that the property which is the subject of this No-Lien Agreement is located in the Township of Silver Spring, Cumberland County, Pennsylvania. ((()~~~ ROBERT J. GARVIN, ESQUIRE Attorney For Owner THF Silver Spring Development, L.P. No. ()S - ,{,f{()'1 fl1iJJ l&~ NO-LIEN AGREEMENT Filed on behalf of Owner, THF Silver Spring Development, L.P., a Missouri limited partnership Counsel of Record for this Party: ROBERT J. GARVIN, ESQUIRE PA 10 #38598 GOLDBERG, KAMIN & GARVIN P A Firm #497 1806 Frick Building 437 Grant Street Pittsburgh, PA 15219 (412) 281-1119 (412) 281-1121 (Fax) iI WAIVER OF LIENS This instrument is executed this 18th day of July, 2005, by Ream Roofing Associates, Inc. (hereinafter referred to as "Contractor") in favor of THF Silver Spring Development, L.P., a Missouri limited partnership (hereinafter referred to as "Owner"). WITNESSETH: A. Contractor is a contractor within the meaning ofthe Mechanics Lien Law of 1963. B. Owner and Contractor intend to enter into a certain contract (hereinafter referred to as "Contract") in connection with the construction of improvements more specifically described as roof replacement of approximately 9,759 square feet Silver Spring Commons Shopping Center located in the Township of Silver Spring, Cumberland County, Pennsylvania as described on Exhibit A attached hereto (hereinafter referred to as "Property"). C. Contractor has, by this instrument and the promises contained herein, covenanted, promised and agreed that no mechanics' or materialmen's liens shall be filed or maintained against the estate or title of Owner in the Property or any part thereof, or the appurtenances thereto, either by itself or anyone else acting or claiming through or under it for or on account of any work, labor or materials supplied in the performance of the work under the contract or under any supplemental contract or for extra work. NOW, THEREFORE, in consideration of the Contract and the covenants of Owner therein contained, and the sum of one dollar ($1.00) paid in hand to Contractor, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby: I. Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' 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 estate or title of Owner in the Property or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialmen or laborer acting or claiming through or under for work done or materials furnished in connection with the Contract or by any other party acting through or under them or any of them for and about the property or any part of it. 2. This agreement waiving the right of lien shall be an independent covenant by Contractor and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in connection with the above-described project on the Property to the same extent as any work and labor done and materials furnished under the Contract. 3. To give Owner full power and authority to protect itself, the property, the estate, or title of owner 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 Cormnonwealth of Pennsylvania (i) 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 materialmen, any and all lien or liens, filed in violation of the foregoing covenant, or (ii) to 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 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. In the event anyone acting through or under Contractor shall so file a lien in violation of the foregoing covenant, Owner may not exercise its rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been received by Contractor. 4. Owner and Contractor hereby covenant that each party has the express authority to enter into this Agreement. Owner and Contractor hereby covenant that the execution of this Agreement is not in violation of any Bylaws, Charters, or other restrictions imposed upon their respective entities. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written, with the express intention to be legally bound hereby. Contractor: Attest: Ream Roofing Associates, Inc. By /'--~.('--c~ "'- Name: ~-tft.,.<- E ."'..-.... Title: Pr< <; ~ ~ t- Owner: Witness: THF Silver Spring Development, L.P. ~ IYtW~ By: THF Silver Spring R P~rtner By: ST ATE OF MISSOURI ) ) SS. ) COUNTY OF ST. LOUIS On this 90\. day of ~J '-'~ , 2005, before me appeared Michael H. Staenberg, to me personally known, 0, being by me duly sworn, did say that he is the President of THF Silver Spring Realty, Inc., a Missouri corporation, the general partner of THF Silver Spring Development, L.P., a Missouri limited partnership, and said Michael H. Staenberg acknowledged that he executed this instrument on behalf of said corporation by authority of the Board of Directors of said corporation and said Michael H. Staenberg acknowledged said instrument as the free act and deed of said corporation and said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid on the day and year above written. My Cormnission Expires: ~~~~ ~. CX\4--['OD1f}--" STATE OF PENNSYLVANIA COUNTY OF YORK ) ) SS. ) On this 1 s t day of Augus t , 2005, before me appeared M" t t h"w E. Ream ,to me personally known, who, being by me duly sworn, did say that he is the _ Dr,,"'; ne>nt of Ream Roof i ng ,a Penna. corporation, and saidMa tthew F. "Rp" m acknowledged that he executed this instrument on behalf of said corporation by authority of the Board of Directors of said corporation and said Ma t thew E. Ream acknowledged said instrument as the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid on the day and 7~. ~ above written. 12 Whl~j} /f;;(MNaV}- N~tary Pub!" ( v COMMONWEALTH OF PENNSYLVANIA Seal WeT'dy S. Brashears, Notary Public YorI< Twp., York County My Commission Expires Apr. 15.2008 Member, Pennsylv8nia Association Of Notaries My Commission Expires: , EXHIBIT "A" as fOllo~~: Property in the above referenced No-Lien Agreement is more particularly described LOT NO.2 ALL THA T CERTAIN lot, tracI or parcel. of land siwa(ed in Silver Spring Township, Cumberland County, Pennsylvania; bounded and described as follows BEGINNING al a point on the eastern right-of-way Ime of S.R 0114, said point being located and referenced one hundred eighty and fifty-six hundredths feet north of the northern eastern right-of-way intersection of the Carlisle Pike (S.R 0011) and SR. 0114; thence from said point of Beginning, by the eastern right-of-way line of S.R. 0114, the followmg four (4) courses J) in a nonherly directton by a curve curving to the left, having a radius of nine hundred twenty-eight and fifty-one hundredths feet (R=928.5 I '), and an arc distance of forty-six and nine hundredths feet (AfL=46.09'), 2) North nineteen degrees, seventeen minutes, thirty seconds West (N 190 17' 30" W) a distance of one hundred forty-two and seventy-six hundredth feet (\42.76'), 3) North ten degrees, forty-five minutes, thirty-nine seconds West (N 10045' 39" W) a distance of two hundred two and twenty-four hundredths feet (202.24'), 4) North nine(een degrees, seventeen minutes, thirty seconds West (N 190 17' 30" W) a distance of two hundred forty feet (240.00') to a point; thence by the southern right-of-way line of Sporting Green Drive, the following five (5) courses J) North sixty-eight degrees, fifteen minutes, seven seconds East (N 680 15' 07" E) a distance of one hundred sixteen and sixty-seven hundredths feet (11667'). 2) by a curve to the left, having a radius of tlu'ee hundred thirty feet (R=330.00'), an arc distance of two hundred four and thirty-one hundredths feet (204.31 '), 3) North thil1y-five degrees, founeen minutes, ten seconds East (N 350 14' 10" E), a distance of two hundred twenty-five and six hundredths feet (225.06'), 4) North twenty- nine degrees, thirty-one minutes, thirty-two seconds East (N 290 31' 32" E) a distance of fifty and twenty- five hundredths feet (50.25'), 5) by a curve to the left, having a radius of three hundred twenty-five feet (R=325.00'), an arc distance of two hundred seventeen and thirty-four hundredths feet (217.34') to a point; thence by the eastern right-of-way line of Sporting Green Drive and by Lot No. 1 North three degrees, four minutes, forty-five seconds West (N 030 04' 45'" W) a distance of four hundred four and forty-six hundredths feet (404.46') to a point; thence by Lot No. I the following five (5) courses: l) by a curve to the right, having a radius of twO hundred sevenly-five feet (R=275.00') an arc distance of sevenly-nine and fifty-two hundredths feet (NL= 79.52'), 2) Due East (N 90" 00' 00" E) a distance of two hundred fony-one and ninety-nine hundredths feet (241.99'), 3) South forty-three degrees, forty-two minutes, twenty-five seconds East (S 430 42' 25" E) a distance of one hundred twenty and ten hundredths feet (120.10'), 4) South eighty-six degrees, twenty-four minutes, forty-five seconds East (S 860 24' 45" E) a distance of one-hundred seventy-four and ninety-two hundredths feet (174.92'), (enoneously shown as North eighty-six degrees, twenty-five minutes, fony-eight seconds East a distance of one-hundred seventy-four and ninety-one hundredths feet), 5) North eighty-four degrees, twenty-two minutes. seven seconds East (N 840 22' 07" E) a distance of two hundred twenty-seven and thirty-seven hundredths feet (227.37') to a poim at or near the top of bank of the Conodoguinel Creek; thence down said creek South sixty degrees, two minutes, two seconds East (S 600 02' 02" E) a distance of eighty-six and fifty-three hundredths feet (86.53") to a point: thence by land now or late of CIu'istian and Sara Thomas South zero degrees, fifty-nine minutes, four seconds West (S 000 59; 04" W) a distance of three hundred thirty-eight and fifty hundredths feet (338.50') to a point 9n the southern l;ighl-of-way line of Creek Drive: thence by said right-of-way the following twO (2) courses'. \) North eighty-three degrees, thirty-five minutes, (hirty- nine seconds Ea$( (N 830 35' 39" E) a distance of (hree hundred sixty-four and nineteen hundredths feet (364.\9'),2) North seventy-eight degrees, fony-tlu'ee minules, fifty-one seconds East (N 780 43' 5 I" E) a distance of Ihirty-one and forty hundredths feet (3140') (0 a point; thence by the western right-of-way LEGAL DESCRIPTION LOT NO.5 (TACO BELLIFLOWERAMA) ALL THAT CERTAIN lot, tract or parcel of land situated in Silver Spring Township, Cumberland County, Pennsylvania; more particular bounded and described as follows: BEGINNING at a point on the Northern'right-of-way line of the Carlisle Pike, said point being located and referenced 455.80 feet East of the Northeast right-of-way intersection of S.R. 0 1]4 and the Carlisle Pike (S.R. 00] I); thence along Lot #3 of Silver Spring Commons, North 04 degrees 29 mnutes 30 seconds West, a distance of 180.00 feet to a point, on the southell1line of a 50-foot wide access easement at Lot #2 of Silver Spring Commons; thence along the aforementioned access easement and Lot #2 and Lot #7, North 85 degrees 30 mnutes 30 seconds East, a distance of 284.06 feet to a point; thence along a 92.00' wide access easement for the entrance to Silver Spring Commons from the Carlisle Pike, South 04 degrees 29 minutes 30 seconds East, a distance of \60.00 feet to a point; thence on a curve, curving to the right, having a radius of 50.00 feet and an arc length of 78.54 feet to a point on the Northell1 right-of-way of the Carlisle Pike; thence along the Northern right-of-way line of the Carlisle Pike, South 85 degrees 30 mnutes 30 seconds West, a distance of 142.22 feet to a point; thence along the same, North 04 degrees 29 minutes 30 seconds West, a distance of 30.00 feet to a point: thence along the same, South 85 degrees 30 minutes 30 seconds West, a distance of 91.84 feet to a point, said point being the place of BEGINNING. CONTAINING 56,361.3] square feet or 1.294 acres BEING KNOWN AS Lot #5 as shown on the Final Resubdivision Plan of Lots #3, #4 and #5, Silver Spring Commons. Being Tax Parcel 7-459-48 LEGAL DESCRIPTION LOT NO.6 (FULTON BANK) BEGINNING at a point on the N~rthem right-of-way line of U.S. Route] I at the Southwestell1 corner of land now or late of Richard L Radabaugh; thence along the Northern right-of-way line of U.S. Route ] I by a curve, curving to the left, having a radius of 5,779.65 feet and an arc length of 146.79 feet to the line of land of Lot #7; thence along Lot #7 by a curve, curving to the right, having a radius of 50.00 feet and an arc length of 77 .63 feet to a point; thence continuing along same, North 04 degrees 29 mnutes 30 seconds West, a distance of 160.97 feet to a point; thence continuing along same, North 85 degrees 30 minutes 30 seconds East, a distance of 165.3] feet to a point: thence continuing along same South 42 degrees 22 minutes 10 seconds East, a distance of 74.10 feet to the Northwest comer of lands now or late of Richard G. & Adrienne C. Wright: thence along lands of Wright, South 00 degrees 59 minutes 04 seconds West, a distance of 157.69 feet to a point, said point"being the place of BEGINNING. CONTAINING 41,797.63 square feet or 0.959 acres Being Tax Parcel 7-459-49 line of Silver Drive South thirteen degrees, thirty-three minutes, five seconds East (S ]30 33' 05" E) a distance of three hundred six and two hundredths feet (306.02') to a point; thence by a portion of Lot No. 2 conveyed to Lot No.7 the following five (5) courses: I) Due West (N 90000' 00" W) a distance of one hundred ninety-nine and fifty-eight hundredths feet (199.58'), 2) Due South (S 00" 00' 00" W) a distance of one hundred twenty-nine and thirty hundredths feet (\29.30'), 3) Due West (N 90" 00' 00" W) a distance of three hundred seventeen and nine hundredths feet (317.09'), 4) Due South (S 00" 00' 00" E) a distance of fifty-eight and twenty-seven. hundredths feet (58.27'), 5) South eighty-five degrees, thirty minutes, thirty seconds West (S 850 30' 30" W) a distance of six hundred nine and sixty hundredths feet (609.60') 6) South four degrees, twenty-nine minutes, thirty seconds East (S 04" 29' 30" E) a distance of seven hundred three and eighty-seven hundredths feet (703.87') to a point on the line of Lot No.5; thence by Lot No.5 and Lot No.3 South eighty-five degrees, thirty minutes, thirty seconds West (S 850 30' 30" W) a distance of two hundred thirty-four and twenty-seven hundredths feet (234.27') to a point: thence by Lot No.3 South eighty-five degrees, eighteen minutes, forty-five seconds West (S 85" 18' 45" W) a distance of two hundred forty-seven and seven hundredths feet (247.07') to a point on the eastern right- of-way line of S.R. 0114, the place of Beginning. CONTAINING ],252,916.28 square feet or 28.763 acres. Being all of the remaining portion of Lot NO.2 as shown on a "Final Subdivision Plan for Lot 2 and Lot 7 of Silver Spring Commons" as recorded in Plan Book 86, Page 96 et. seq. Being Tax Parcel 7-459-45 LEGAL DESCRIPTION LOT NO.3 (OLIVE GARDEN) BEG INNING at a point, said point being the intersection of the Northern line of the Carlisle Pike (S.R. 0011) with the Eastel11 line of S.R. 0114; thence in a Nonherly direction along the Eastel11 line of S.R. 0114, by a curve, curving to the left having a radius of 928.51 feet and an arc length of 180.56 feet to a point, said point being the intersection of the Southern line of a 50' right-of-way and the Eastel11 line of S.R. 0114; thence along the Southel11 line of the 50' right-of-way the following two (2) courses and distances: 1. North 85 degrees 18 minutes 45 seconds East, a distance of 247.07 feet to a point; 2. North 85 degrees 30 minutes 30 seconds East, a distance of 228.78 feet to a point: thence along the Western line of Lot #5, South 04 degrees 29 minutes 30 seconds East, a distance of 180.0 feet to a point on the Northel11 line of the Carlisle Pike, thence along the Northern line of the Carlisle Pike, South 85 degrees 30 minutes 30 seconds W,,:st, a distance of 455.80 feet to a point, said point being the place of BEGINNING. CONTAINING 83,224.37 square feet or 1.911 acres Being Tax Parcel 7-459-46 \.) p ~ ~ \t w ..0 ~ "-.t. --. " -:z Vv ~ -0 ~ - ~ 8 ~ :p -r- 4-y\ 'fi; 0' 'r~~~ L. :-~ { ~.~'~~ ~; ...( VJ ~ ~ (; C2 (,;; ~:,_.. ~ '", ~ .~ C- G"') q, ..... :I:::J:"! (1'r:::: 1j8 ...,1... '.:-~-1Sf, -~ ~"'\ "{:).6 "~rf' ~. :e ~ - - ""'" -:;:J:. <.? o CI -