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Home My WebLink About05-5545 )tYJ) -5S'f~ WAIVER OF LIENS - DESIGN SERVICES AND CONSTRUCTION ADMINISTRATION KNOW ALL MEN BY THESE PRESENTS, That contemporaneously with the execution hereof, an agreement has been entered into between CONIFER GENEVA GREENS APARTMENTS, L.P., a Pennsylvania limited partnership, with a principal place of business at 2101 Peninsula Drive, Erie, Pennsylvania 16506, ("Owner"), AND STUART & ASSOCIATES ARCHITECTS, INC., a Pennsylvania corporation, with a principal place of business at 48 N. Christian Street, Lancaster, Pennsylvania 17602 ("Architect"), relating to the planning, designing and construction contract administration of a housing project upon the real estate located at Geneva Drive, Upper Allen Township, Cumberland County and described in Exhibit A, attached hereto and made a part hereof (the" Agreement"); and, WHEREAS, PENNSYLVANIA HOUSING FINANCE AGENCY has agreed to lend and advance certain funds to Owner to finance such construction in consideration of the execution of this Waiver. NOW, THEREFORE, intending to be legally bound hereby, at the time of and immediately before the execution of the Agreement, and before any authority has been given by Owner to Architect to commence work on said housing project, for and in consideration of the making of the Agreement with Owner, Architect does hereby, for Architect and any and all subcontractors, material suppliers and parties acting or claiming for, through or under Architect, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, covenant and agree with Owner and PENNSYLVANIA HOUSING FINANCE AGENCY that no mechanics' liens or claims shall be filed or maintained by Architect, or any of them, against the real estate described in Exhibit A attached hereto, or the buildings thereon, for or on account of any work done or materials furnished under the Agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the planning, designing, construction and completion of the housing project, or otherwise; and Architect, for Architect and any and all subcontractors, material suppliers and parties acting or claiming through or under Architect, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against the real estate or buildings. This Waiver waiving the right of lien shall be in 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 planning, designing, construction, construction contract administration, and completion of the housing project as to any work and labor done and materials furnished under the Agreement. Waiver ofLieus - Construction Administration/Design/PennHOMES Project: GENEVA GREENS APARTMENTS (0-889) Page I 00 In order to give Owner and PENNSYLVANIA HOUSING FINANCE AGENCY full power and authority to protect the real estate and buildings against any and all mechanics' liens or claims filed by Architect or anyone acting or claiming for, through or under Architect or in violation of the Agreement or this Waiver, Architect, for itself and all subcontractors, material suppliers and parties acting or claiming for, through or under Architect, including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any court or jurisdiction there or elsewhere, to appear in any court or jurisdiction for Architect, and mark satisfied of record, at the cost and expense of Architect, or any such subcontractor, material suppliers or party including, inter alia, any mechanical or electrical engineer, construction engineer or civil engineer, any and all claim or claims, lien or liens filed by or for Architect, in its or their name against the real estate, buildings, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court, term and number or place in which the Agreement and this Waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and Architect, for itself and all such parties, does hereby remise, release and quit-claim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each of their attorneys any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. The Agreement and this Waiver are made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County or other proper place in which the above-described lands are located. It is expressly understood that this Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of PENNSYLVANIA HOUSING FINANCE AGENCY and Owner of said premises. In the event Architect 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 "Architect" shall mean all or some or any of them. For the purposes of the Agreement and this Waiver, 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. Waiver of Liens - Construction Adrninistration/Design/PennHOMES Project: GENEVA GREENS APARTMENTS (0-889) Page 2 of3 . . . . IN WITNESS WHEREOF, Architect with intent to be legally bound hereby, has hereunto signed and sealed these presents this JL day of August ,2005. ~SS(ATTEST) By: STUART & ASSOCIATES ARCHITECTS, INC., a Pennsylvania corporation By: -.. . COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF DAUPHIN On this, the ..1L day of Au~st personally appeared Deborah Stuart according to law, deposes and states that he/she is President of STUART & ASSOCIATES ARCHITECTS, INC., a Pennsylvania corporation, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she, being authorized to do so, executed the same for the purpose therein contained, and desires the same to be recorded as such. , 2005, before me, the undersigned officer, , who being sworn IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ .A (}.~ , 0 ary Pubhc (SEAL) NOTARIAL SEJ.I.. KAnlRVN E.ADAMS, ~iIlIc EIIz8beIh Twp., Ix.c II'IT My Conn'III-, ExpiIe Sept. 30, Waiver of Liens - Construction Administration/Design/PennHOMES Project: GENEVA GREENS APARTMENTS (0-889) Page 3 00 . Description of Real Property ALL THAT CERTAIN tract or parcel of real estate situa1e in Upper Allen Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point on the southern legal right-of-way line of Geneva Place at the northwest comer of Lot No.2 of the hereinafter described PreliminarylFinal Resubdivision Plan for Geneva Place; thence along Lot No.2, 1he existing building of Geneva Place South 37 degrees 23 minutes 30 seconds East for a distance of306.74 feet to a point, 1hence along same North 52 degrees 36 minutes 30 seconds East for a distance of ] 14.30 feet to a point on the western line oflands now or formerly of Octagon Associates, thence along said western line South 37 degrees 23 minlltes 30 seconds East for a distance of 270.00 feet to a point, thence along the northern line of the following tracts, lands now or formerly of David K. and Marietta Wilgus, now or formerly of Barry J. Basom n, now or formerly of Kimberly K. Schaeffer, and land now or formerly ofJoOO P. and Alice D. Voris South 52 degrees 36 minutes 30 seconds West for a distance of753.56 feet to a point on the eastern line of land now or formerly of Mea do wood Associates, thence along said eastern line, North 20 degrees 59 minutes 00 seconds West for a distance of 598.97 feet to a point on the southern right-of-way of Geneva Drive; thence along said southern right-of-way line in an easterly direction on an arc of a curve, curving to the left having a radius of825.00 feet, an arc length of 473.5 I feet, having a chord ofNonh 52 degrees 27 minutes 07 seconds East and a length of 467 .04 feet to a point; thence along same on an arc of a curve, curving to the right, having a radius of775.00 feet, an arch length 00.16 feet, having a chord of North 36 degrees 07 minutes 38 seconds East for a distance of3. I 6 feet to a point the Point of Beginning. Said premises also being Lot No. J, Preliminary/Final Resubdivision Plan for Geneva Place, dated August 12, 1996, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 76, Page 9. Tax Parcel No. 42-24-0792-042 C:\WINDO\\'S\Loc;;.] Setting5\Temporary Inlernel File~\OLK J4A \_ ucc 5ched.doc ~ 0 - ~ -, ~ -C -C. -- ~ --..\ ~ \;A.. \J\ I) o ~ r' t- ...... ..- '" "1 SL ~ ~ \:,.. ~ '\ f"'"' e.... U' ~, ' r."',' ....:..>