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Home My WebLink About05-5035 STIPULATION AGAINST LIENS DAVID A. YOUNG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Owner v. NO. MLD 2005 - 503:) ALLIED ROOFING AND SHEETMETAL, INC. Contractor WHEREAS, Owner and Contractor entered into an agreement for roof deck remediation work and roof replacement on the office building known as "Atrium West" located at 3461 Market Street, Camp Hill, Pennsylvania ("the Premises") under the terms and conditions set forth on the Agreement dated August 29, 2005 (the "Contract") identified as Exhibit "A" attached hereto ("the Project"); and WHEREAS, in consideration for the agreement, Owner has required Contractor to waive any claim which it has or may acquire, on behalf of itself, its subcontractors, and suppliers, with regard to the Project. NOW THEREFORE, Contractor agrees as follows: 1. Neither Contractor nor any of its subcontractors or suppliers shall file any Mechanic's Lien against the Owner and/or its agents, successors and/or assigns or against the Premises on account of the performance of any labor or the furnishing of any materials with regard to the Project. 2. Contractor shall inform all subcontractors and material suppliers with regard to the Project that Contractor has waived any rights which they may have to file a lien against the Owner and/or its agents, successors and/or assigns or against the Premises. 3. This agreement is an independent covenant, and shall operate and be effective regardless of Owner's performance under the agreement. Furthermore, this Agreement shall extend to and be effective with regard to any supplemental agreement for extra work to be performed relative to the Project. ~ , 4. In order to fully protect the Owner and the Premises against any Mechanic's Lien claim which may be filed by Contractor or its subcontractor or supplier in violation of the covenants contained herein, Contractor, for itself, its subcontractor, and suppliers, hereby irrevocably authorize and empowers any attorney of any court of record in and for the Commonwealth of Pennsylvania to appear for it, them, and any of them in any of the Courts of Common Pleas of the Commonwealth of Pennsylvania as Attorney for it, them or any of them and, in the name of any claimant who files a lien against the Owner and/or its agents, successors and/or assigns or against the Premises, mark "Satisfied" any such lien at the cost and expense of the Contractor and of any such Mechanic's Lien claimant. For such action, this instrument or a true and correct copy hereof shall be sufficient warrant. This warrant of attorney shall not be exhausted by any single exercise, but may be re-exercised from time-to-time at any time that a Mechanic's Lien has been filed against the Owner and/or its agents, successors and/or assigns or against the Premises. By furnishing labor or materials with respect to the Project, each subcontractor and material suppler of Contractor is expressly agreeing to the terms of this instrument an authorizing the exercise of this warrant of attorney against it. 5. Any legal fees, court costs, or other expenses incurred by Owner with regard to a Mechanic's Lien filed by Contractor or any of its subcontractors or suppliers, shall be payable by Contractor to Owner upon demand. 6. Contractor agrees to accept as payment in full the payment made by the Claims Office pursuant to the Order in the cases captioned at 96-10069-MLW and 96-10656-MLW in the U.S. District Court for the District of Massachusetts. Contractor shall seek no payment from Owner, and no payment at all beyond that payment(s) made by the Claims Office as set forth in the aforesaid Order. IN WITNESS WHEREOF, Co~rfctor, intending to be legally bound hereby, has caused this instrument to be duly signed this :; J :::;..-- day of ~~ar " 2005. OWNER: DAVID A. YOUNG By ()Q Ll(-cl Q &M-O' CONTRACTOR: ALLIED ROOFING AND SHEETMETAL, INC. By ./~7/~ ,. ALL THAT CERTAIN tract ofland situate in the Borough of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follo\\:s: BEGINNING at a point on the southern right-of-way line of Market Street, Camp IIillBorough, said point being the northeast corner of Tract No.2 offinal Subdivision Plan of Francis C. McNaughton dated November 15, 1985; thence along said !\larket Street, N 880 26' 00" E, a distance of214.66 feet to a nail; thence along the western boundary of Lot No. I-A S 100 34' 00" East, 155.00 feet to a monument; thence along the dividing line between Lots I-A and 113, N 880 26' 00" E, a distance of 100.00 feet to a monument; thence along lands now or formerly of Thomas & Patricia A. Rowland, SOlO 34' 00" E, a distance of 145.00 feet to an iron pin; thence along an alleyway knO\vn as Chestnut Street, S 88026' 00" W, a distance of264.48 feet to a point, said point being the eastern boundary ofa 12' alley running in a northerly direction along the \vestern line of Tract No. 201' said subdivision; thence N 11003' 45" W, a distance of 304.17 feet to a point on the southern boundary of Market Street, the point and place of BEG INNING. BEING Tract No.2 and Lot No. 1-13 on the Final Subdivision Plan of Francis C. !\1cNaughton dated November 15, 1985 and prepared by BISCON Land Surveying Co., Inc. and recorded in Plan Book 49, Page 113, in the Office of the IZccorder 01' Deeds in and for Cumberland County, Pennsylvania. 13UNCi the same premises which I Ial1lpden Industrial Development Authority by Deed dated November 21,2000 and recorded in the Ol'lice of the Recorder of Deeds in and for Cumberland County in Deed Book 237, Page 305, gr:l!1ted and conveyed unto Francis C. McNaughton and Peter.r. Ressler, partners t!c\ib/a ivlid Penn Estates. UNDER AJ\:D SUBJECT, nevertheless, to all casements, restrictions, encllmbrances and other matters of n:cord or that which a physical inspection or survey of the premises would reveal. Grantors hereby covenant and agree that Grantors \vill warrant SPECIALL Y the property hereby conveyed. - 2 - 5QO~ 267 PME1854 _ _"__'n_, ." ) '- . AI . . . -- ..... A 1-'-11:: U AGREEMENT ROOFING AND SHEETMETAL, INC, DATE: August 29, 2005 SUBMrITED TO ! Mr. Jim 's.~~yens I. c/o David A. Young __._ . .. .__ 1605 Range End Road DillsEurg PA 17019 ..__._....._~Q.RK TO BE PERFORMED AT: -------, --~ Atrium West Market Street Camp Hill PA : Furnish all labor, material and equipment to re'roof the..it'bove referenced building as follows: 1. Remove all existing ballast and haul to site designated by Mr. Young. 2. Remove the entire existing roof system including the 2.4 phenolic Insulation to tIle deck and legally dispose of all debris. 3. Perform deck remediation as required by the Final Order of the United States District Court for the District of Massachusetts under Civil Action No. 96-lQ069-MLW and Civil Action No. 96-10656-t-1LV/ filed against Beazer East, [nc., Defendant ('"Final Order"). Building owner will accept payment from the Claims Office created by the Final Order for the deck remediation work and will forward payment to Allied Roofing & Sheetmetal Inc. based upon the payment schedule set forth In the Final Order. 4. Allied Roofing & Sheetmeta\ Inc. guarantees compliance with the requirements of the Final Order in performing the deck remediation work. Allied Roofing & Sheetmetal Inc. further agrees to accept payment in full for the deck remediation work performed as paid by the Claims Office under the terms of the Final Order. 5. Apply 3.25 R-20.1Q polyisocyanurate insulation mechanically attached with screws and plates. 6. Install the 60-mill fully adhered EPD,,"' roof system over the entire area. 7. Work with HVAC contractor to coordinate replacement of several existing units and movement of others that are sitting loose on the system. 8. Flash all curbs, pipes, skylights, drains, pitch pockets, and parapets to manufacturer's specifications, 9. Fabricate and Install all new .040 pre-finished alumInum coping caps at existing. 10. Upon completion, furnish the manufacturer's lS-year watertight and 20-year membrane warranties. 11. Allied Roofing & Sheetmetal Inc. agrees to pay the owner $75/hr for use of crane and operator. TOTAL: $49,150 PLUS DECK REMEDIATION AJI mate'r(alls guaranteed to 6'eas specified and the above"work to be performed",ri" a workman like "manner for the sum of' .. FORTY NINE THOUSAND ONE HUNDRED FIFTY DOLLARS ($49,150) PLUS DECK REMEDIATION with payment to , :, be according t.o..terms below. .. .-1 ACCEPTANCE OF AGREEMENT: .- .- Ii The above prices, specifications and conditions are satisfactorY and are hereby"accepted. You are authorized-to complete this l contract as specified. ~. , By my signature below, I hold hlSrmle5S Allied Roofing and Sheetmetal Inc. and Its employecs, owners and , heirs for any current or future mold related roblems. ..... . "_ . . Date of Acceptance: ," _" .. --.>'. p..ayment from..o..wner of rOOfjn~ and deck r~m. edlation du..e upon com.Pletio~n Payment Term,~: . _ . .. Custom~.r Name: (p:.!nted) D a \.f Cd )). y. 0 UYl (.) .. - - ~ - .- Customer Sjgnature: . .---1 'j I Allied Representative: f-'--" . 340 PLeASANT VIEW ROAD NEW CUMBERLAND, PA 17070.2738 (117) 774--6476 FAX (717) 77~6477 WEB SITe ADDRESS: www..aIliQd.roofing-lnc.com E_MAIL.:sale8@nllled-roofing-lnc.com Exhibit "A" ~ <:;:- ~ c. ~ o -rr :r:- ~ - '-1\ -0 ~ J::... ~ ? -3' ..-------------------- o c .-;'" -.:> 'c:? % if> (n ...''"'.:.J ~ o o "'" ~ ;':<'l'jJ \ \ 'C~ -0 t;:\ ~,,)),-( ,:.~,q _.,,~"' ~ ~ \ "\""-' cP "'" (---, ;..-:-:, :(~(\ -.'....... ,;:~-"'\ '.~ ....';~~ ,..-'" ..-:? c:? s:- .----------