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HomeMy WebLinkAbout05-5380 HARRISBURG AREA YOUNG MEN'S CHRISTIAN ASSOCIATION, Owner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 2tD,) - 5080 ;[nU> LOBAR )iSSOCIATES, INC. Contractor : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS 2005 ',HIS AGR.EEMENT made this /'In.. jay of Od"be,-- --J x~ between Harrisburg Area Young Men's Christian Association, located at 123 Forster Street, Hi:lrrisburg, PA 17102 ("Owner"), and LOBAR ASSOCIATES, INC. ,--4 with an addressof,~Barlo Circle, Dillsburg, PA 17019 ("Contractor"). WHEREAS, 'oy a duly executed written Construction Agreement dated 10 '-/~I -oS- . (the "Contract"), Owner and Contractor have contracted for the c0nstruction and completion of alterations, additions and improvemenrs to its West. Shore Br2nch facility, Jccording to plans and specifications made a part of 1:"\e Contract (the "Imprc.vements") on the Property known as 410 Fallowfield Road situate in the Township of Hampden, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly rlescribed in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS. no authorization has yet been given by Owner to Contractor to comme",ce its wcrk or purchase materials for same; and WHEREAS, no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any sub-contractor or materialman. NOW, THFREFDRE, the Contractor, for itself, its successors and assigns and anyone else acting or claiming through or under it, for and in [rJnsideration of the Contract and the considerations mentioned therein, and intending to be legally bound herebY, does hereby agree as follows: 1. Waiver of Lien. Contractor hereby waives and relinquishes all rights 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 5148/J7\ kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owner in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or by or in the name of any subcontractor, mcterialmen 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 Contrector personally liable for all subcontracts, materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under ':'flY cO'1tract for extra work, or for work supplemental thereto, or otherwise. 2. Indeoendent Covenant. 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 under any supplemental contract for extra work in the erection, construction and completion of the said Improvements and as to any work and labor done and materials furnished under the Contract. 3. P:jwer of Attorney. In order to give OWner full power and authority to protect itself, the Property, the estate or title of OWner therein, and the appurtenances thereto, ag<Jinst any and all liens filed by Contractor or anyone acting under or through them ill violation of the foregoing covenant, Contractor hereby irrevocably authorizes and el'lpowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as attorney for it, them or any of them, in any such Court, and in his or their narne or names, to the extent permitted by law, mark satisfied of record at the co~t and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or (ii) cause to be filed and server! in connection with such lien or liens any pleading or instrument, or any amendment to ar.y 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 suc,", 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 iJ.::en filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for '[self and for them, hereby remises, releases and quit-claims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing s...ch 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 IOJegoirg 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 Contrartor. - 2 - Ii. Public Notice. This Agreement shall be filed in the Cumberland County Pmthonotary's Of.9ce as public notice hereof. IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, have caused this Contractor's Waiver of Liens to be executed the day and year first above written, (A&Si2~ ((V OWNER: HARRISBURG AREA YOUNG MEN'S CHRISTIAN ASSOCIATION By~.l]Z:' ~ (SEAL) -- Richard A. Curl, President Al fEST: WITfIlE~S/ATTEST: By~~ CONTRACTOR: By: ~/- ,. (SEAL) Title: Wendie L. Haring, Corp S'rftle: Lee E. Eichelberger, President - 3 - . ~ b 101CT-ll~WQn'C1nly Deed-ShOl'I FOl'm__Ad 1909-Double Sheel 1 ~ - Henry HoII. Inc_. Ind'C1nCl, PA """.....-.. s. / 9, 17 L. I cr. 17 TJ ~~'f OQ4 N 012l~ b~lb,t A WlJili mttb f OOll~qO MADE THE ICj .7I.L, day of AJ~ , in the year of our Lord one thousand nine hundred, eighty-six (1986) .,./ BETWEEN Mark F. Eckhart;' Single man, of Fairview Township, York County, Pennsylvania, '-~~-/ Grantor The Harrisburg Area Young Men's Christian Association, a non-profit corporation, created ~dd existing under the laws of the Commonwealth of Pennsylvania, Grantee WITNESSETH, that in consideration of One ($1 OO)----------------------------------~----------------___________DoUa~, in hand p~id, the receipt whereof is he~eby acknowledged. the said grantor does hereby grant and convey to the said grantee . I ALL THAT certain lot or tract of land situate in the T<twnship of Fairview, County of York and State of pennsylvania more partlcUlW"ty Bounded and described as follows: BEGINNING at a pOint on line of lands owned by Mark Eckhart; thence South 40 degrees 39 minutes 04 second East 210.20 feet to a point; thence South 38 degrees 16 minutes 00 seconds East 324.37 feet to a point; thence North 80 degrees 56 minutes 00 seconds East 316.46 feet to a point; thence along the lands of Earl Hain North 14 degrees 13 minutes 00 seconds West 329.50 feet to a point; thence along lands owned by Harrisburg Area Young Men's Christian Association, North 12 degrees 21 minutes 00 seconds West 169.12 feet to a point; thence along lands of the Harrisburg Area Young Men's Christian Association, South 77 degrees 17 minutes 00 seconds West 546.65 feet to a point, the place of Beginning. CONTAINING 4.753 acres. BEING Parcel A, Subdivision for Mark Eckhart and YMCA, dated October 11, 1985, and recorded in the Office of the Recorder of Deeds of York County in Plan Book FF, Page 926. ? ~!fo ' &- '1ICUllQ..L IO-/L:{-u53/-C2IJ ot2/6/1Vf/'L J,.} 3MI!' OfP<JNrIi'IfA THIS DEED MADE this 91;); day of March, Two Thousand (2000) by and between: LAUREL OFFICE ASSOCIATES, a Pennsylvania general partnership, of3705 Trind1e Road, Camp Hill, Cumberland County, Pennsylvania, party of the first part, hereinafter "Grantor" AND HARRISBURG AREA YOUNG MEN'S CHRISTIAN ASSOCIATION, a Pennsylvania non-profit corporation, party of the second part, hereinafter "Grantee" THAT in consideration of the sum of One Hundred Seventy Thousand and No/IOO Dollars ($170,000,00) in hand paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged by the said Grantor, the Grantor hereby grants and conveys unto the said Grantee, its successors and assigns: ALL TIIOSE CERTAIN tracts or parcels ofland located in Hampden Township, Cumberland County, Pennsylvania being shown as Lot 2 and Lot 2-A on a plan ofland entitled Pre1iminaryIFina1 Resubdivision for Two Lots owned by PHEAA, prepared by Hartman & Assoc" Inc" dated December 23, 1993, last revised January 21, 1994 and recorded with the Cumberland County Recorder of Deeds Office in Plan Book 67, Page 77, being more particularly bounded and described as foilows: LOT 2 LAW OFFiCES SNELBAKER, BRENNEMAN & SPARE BEGINNING at a point on the northern right of way line of March Street, said point being located at its intersection with the Borough of Camp Hill and Hampden Township boundary lines; thence along lands now or formerly ofPHEAA (being Lot 3), South 71 degrees 19 minutes 00 seconds West a distance of210,21 feet to a point, said point being on the eastern right of way line ofFallowfield Road; thence along said right of way line North 15 degrees 32 minutes 00 seconds West a distance of242,58 feet to another point being on the eastern right of way line; 800K 21'1 PA~F 7J7 thence along lands now or formerly ofPHEAA (being Lot 1) North 72 degrees 19 minutes 00 seconds East a distance of 196.91 feet to a point, said point being on the Hampden Township and Borough of Camp Hill boundary line; thence along said boundary line by lands now or formerly of Snyder, Stinnett, Myers and lJvick South 18 degrees 41 minutes 00 seconds East a distance of 238.78 feet to a point, the place of BEGINNING. The parcel described above contains 48,963.96 square feet or 1.21 acres. LOT 2-A BEGINNING at a point on the western right of way line ofFallowfield Road, said point being located directly opposite the northwt:st corner of Lot 2 as described above; thence along said right of way line South 15 degrees 32 minutes 00 seconds East a distance of 114,00 feet to another point on said right of way line; thence by said right of way line by a curve to the right having a radius of 10,00 feet and an arc length of 15,71 feet to another point on said right of way line; thence by said right of way line by a curve to the left having a radius of 60,00 feet and an arc length of94.25 feet to a point on the eastern right of way line of the cul-de-sac at the end of Fallowfield Road; thence along lands now or formerly ofPHEAA (heing Lot 3), South 74 degrees 28 minutes 00 seconds West a distance of8,98 feet to a point; thence along lands now or formerly ofIndustria1 Development Authority North 07 degrees 27 minutes 50 seconds West a distance of 183.83 feet to a point; thence along lands now or formerly ofPHEAA (being Lot 1- A) North 72 degrees 19 minutes 00 seconds East a distance of53.21 feet to a point, the place of BEGINNING, The parcel described above contains 8,630.56 square feet or 0,20 acres, BEING the same premises which Pennsylvania Higher Education Assistance Agency, by its deed dated May 7, 1996 and recorded May 10, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 138, Page 1171, granted and conveyed unto Laurel Office Associates, Grantor herein. UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. Grantor hereby convenants and agrees that Grantor will warrant specially the property -2- LAW OFFICES SN2L8AJ<ER, BRENNEMAN Be SPARE 800K 217 PAtE 718 ~ - c- ...0 (J - n ('- ~ ""\ '-!\ " CJ - ..--';) ~ ~ ~ ~ 5> '"'\ i ~ 1/\ 0 C ~' ~' ....' <~,:::) C~':) cfi C.J c; --;j n ~:1 --' ~ r';'1;1 c-C--:,f2J, , <~) crt :c:- ~(:) .__..')f" .~~ ~ 0'-'