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HomeMy WebLinkAbout02-0993IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TIGER HAYES CONSTRUCTION, L.P. 2610 Westview Drive Wyomissing, Pennsylvania 19610 CONTRACTOR VS. TECH PARK ASSOCIATES, L.P. 5001 Louise Drive, 2nd Floor Meehanicsburg, Pennsylvania 17055 OWNER TECH PARK ASSOCIATES, L.P. 5001 Louise Drive, 2nd Floor Mechanicsburg, Pennsylvania 17055 OWNER VS. TIGER HAYES CONSTRUCTION, L.P. 2610 Westview Drive Wyomissing, Penn.~lvania 19610 CONTRACTOR COMMONWEALTH LAND TITLE INSURANCE COMPANY DSC:850236.1/ADV046-152040 WAIVER OF LIENS THIS INSTRUMENT is executed this _2~[_ day of Febp,ary, 2002, by TIGER HAYES CONSTRUCTION, L.P., a Pennsylvania limited partnership ("Contractor"), for the benefit of TECH PARK ASSOCIATES, L.P. ("Owner"), a Pennsylvania limited partnership, its successors and assigns. WITNESSETH: A. Owner and Contractor have entered into or shall enter into an Abbreviated Form of Agreement Between Owner and Contractor (1987 Edition), with general conditions and addenda incorporated therein (the "Contract"), which provides for the construction of certain buildings and improvements (collectively, the "In-~provements") to be located on premiss owned or to be owned by Owner known as Lot 1 and located in Cumberland Technology Park, Hampden Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). B. Contractor has covenanted, promised and agreed that no mechanics' or m, te 'nalmeffs claim or lien would be filed or maintained against the Property or the Improvements, or any part of any of the foregoing, or any interest or estate of Owner therein, or the appurtenances thereto, either by itself or anyone else for or on account of any work or labor done or materials furnished in the performance of the Contract, or under any supplemental contract or for extra work, or in the design, erection, eonstmetion or completion of the Improvements on the Property or any appurtenance thereto. NOW, THEREFORE, in consideration of the Contract and the covenants of Owner, therein comained, and intending to be legally bound hereby, Comractor agrees as follows: 1. Waiver of Liens. Contractor, for itself, its subcontractors, materlalmen, suppliers, consultants, laborers, employees and anyone else acting or claiming by, through or under it, them or any of them does hereby waive and relinquish all right to file any claim for a mechanics' or matefialmen's lien, or notice of intention to file any claim for a lien, and does hereby covenant, promise and agree that no claim for a mechanics' or materialmen's lien or other lien of any kind whatsoever shall be filed or maintained again.qt the Property, the Improvements or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman, supplier, consultant, laborer or employee for work done or materlal.q furnished under the Contract or by any other party acting by, through or under it, them or any of them for and aborn the Improvements, the Property, or any part of any of the foregoing. 2. Independem Covenant. This ln.qtmment waiving the right of lien shall be an independent covenant, shall operate and he effective irrespective of Owner's performance under the Contract and shall operate and be effective as well with respect to work and labor done and materials furnished under any supplemental contract for extra work in the design, erection, construction and completion of the Iraprovements as to any work and labor done and materiatq furnished under the Contract. DSC:850236.1/ADV046-152040 - 2 - 3. Removal of any Lien. If any such mechanics' or materlalmen's claim or lien or other claim or lien of any kind whatsoever shall be filed or maintained against the Property, the Improvements, or the estate or title of Owner therein, Contractor promptly and at its expense shall cause such claim or lien to be removed or satisfied, and shall indeim-dfy, defend and hold b_mmless Owner therefxom and all costs and expenses incurred by Owner in connection therewith (including attorney's fees and costs). 4. Power of Attorney to Satisfy Lien. In order to give Owner full power and authority to protect itself; the Improvements, the Property, the estate or title of Owner therein, and the appurtenances thereto, against any and all claims or 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 Conai~onwealth of Penn~lvanla, irrespective of whether a demand has been made of contractor that it cause such claim or lien to be removed or satisfied at its expense, 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, to have marked satisfied of record any and all lien or liens, filed in violation of the foregoing covenant, or to cause to be filed and served in connection with such lien or liens, any pleading or insi~oment previously filed by it or them, to incorporate therein, as part of the record, the waiver contained in this lnstrnment, and for such act or acts this Instrument shall be good and sufficient warrant and authority, and a reference to the court, term and number in which and where this Instrument shall have been filed shall he conclusive evidence of the authority herein contained to warrant such action, and Contractor for itself and for them does hereby remi~, release and quitclaim all rights and all manners of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning then~ 5. Work Not Commenced. Contractor hereby represents and warrants that no work of any kind or nature has yet been done on the Property and no labor or materials whatsoever have as yet been furnished to the Property by anyone under, toward or in connection with the execution or performance of the Contract and that no such work shall he done and no such materials shall be furnished until receipt of notice t~om Owner. 6. Filing with Prothonotary. This instrument is made and intended to he filed in the Office of the Prothonotary of the County in which the Property is located, in accordance with the requirements of Section 1402 of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania. 7. Successors and Assi~.tms. This inst~t shall bind Contractor, and each subcontractor, materialman, supplier, consultam, laborer, employee of Contractor, and anyone else acting or claiming by, through or under it, them or any of them, and their respective successors and assigns, and shall inure to the benefit of Owner and its successors and assign.q and to all present and future mortgagees and transferees of Owner's estate in the Improves and the Property. 8. No Change in Scope of Work. Nothing contained herein is intended to modify or extend the scope of work and services to be provided by Contractor as set forth in the Contract. DSC:850236.1/ADV046-152040 - 3 - 9. Independent Provisions. The provisions of this Waiver of Liens are severable. Any provisions of this Waiver of Liens which shall be invalid, void or illegal shall in no way affect, irrq~air or invalidate any other provision hereof; and the remaining provisions shall nevertheless remain in full force and effect. IN WITNESS WHEREOF, the undersigned Contractor has executed this Instnm~nt as of the day and year first above written. TIGER HAYES CONSTRUCTION, L.P., a Pennsylvania limited parmership By: Tiger Hayes Construction, Inc., its sole general partner ~ne: -~- ~' nnxn Robert ~ ~e~ Title: President DSC:850236.1/ADV046-152040 - 4 - COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF : SS ON THIS, the o9'7 ~ day of Febmary, 2002 before me, the undersigned officer, personally appeared got~ear g, ~e~ls~, who acknowledged himself/herself to be a pRESt~s,q" of TIGER HAYES CONSTRUCTION, INC., a Pennsylvania corporation, the sole general parmer of TIGER HAYES CONSTRUCTION, L.P., a Pennsylvania limited partnership, and that he/she as such officer of the general partner, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the limited partnership by himselffnerself as such officer of the general partner of the limited partnership. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. [NOTARIAL SEAL] My Commission Expires: NOTARIAL SEAL ~ JO ANN DOWDNG, Notary Public [ Wyomissing, Berks County My Commission Expires 10-10-2005 DSC:850236.11ADV046-152040 - 5 - ALL THAT CERTAIN parcel of land situate in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania, being more particularly bounded and described in accordance with an ALTA/ACSM Land Title Survey of Lot 1 (Revised) located at Cumberland Technology Park dated 2/15/2002 and recorded in Plan Book __ page as prepared by Biscon Land Surveying Company, Inc. as follows, to wit: BEGINNING at a point, said point being the fight-of-way intersection of the northern right-of-way of Patriot Drive and the western right-of-way of Technology Parkway; thence along the northern right-of-way line of Patriot Drive, in a southwesterly direction, along an arc of a curve, curving to the right, having a radius of 45.00 feet, an arc length of 78.69 feet, the chord of which being South 56 degrees, 05 minutes, 06 seconds West, for a distance of 69.04 feet to a point; thence, along same, on an arc of a curve, curving to the fight, having a radius of 125.00 feet, an arc length of 145.46 feet, the chord of which being north 40 degrees, 28 minutes, 47 seconds West, for a distance of 137.39 feet to a point; thence along same, North 07 degrees, 08 minutes, 33 seconds West, for a distance of 144.07 feet to a point; thence along same, on an arc of a curve, curving to the fight, having a radius of 15.00 feet, an arc length of 15.12 feet, the chord of which being North 21 degrees, 44 minutes, 31 seconds East, for a distance of 14.49 feet to a point; thence along same, on an arc ora curve, curving to the lett, having a radius of 60.00 feet, an arc length of 175.83 feet, the chord of which being North 33 degrees, 19 minutes, 36 seconds West, for a distance of 119.33 feet to a point; thence along lands of Patriot News Co., the following four courses; (1) North 27 degrees, 16 minutes, 48 seconds West, for a distance of 100.00 feet; (2) North 57 degrees, 31 minutes, 46 seconds West, for a distance of 329.46 feet; (3) North 09 degrees, 41 minutes, 25 seconds East, for a distance of 150.00 feet; (4) South 71 degrees, 01 minutes, 25 seconds West, for a distance of 34.19 feet to a point; thence along lands of Mt. Zion EUB Church, North 09 degrees, 41 minutes, 25 seconds East, for a distance of 835.01 feet to a point; thence along other lands of Mt Zion Associates, L.P., Lot 4A, South 80 degrees, 18 minutes, 35 seconds East, for a distance of 541.57 feet to a point; thence along same, North 77 degrees, 11 minutes, 13 seconds East, for a distance of 79.62 feet to a point on Technology Parkway; thence along said right-of-way, the following five (5) courses; (1) on an arc ora curve, curving to the left, having a radius of 535.00 feet, an arc length of 151.53 feet, the chord of which being South 20 degrees, 55 minutes, 17 seconds East, for a distance of 151.02 feet to a point; (2) South 29 degrees, 02 minutes, 08 seconds East, for a distance of 190.09 feet; (3) on an arc ora curve, curving to the right, having a radius of 660.00 feet, an arc length of 272.26 feet, the chord of which being South 17 degrees, 13 minutes, 05 seconds East, for a distance of 270.33 feet; (4) North 84 degrees, 35 minutes, 58 seconds East, for a distance of 10.00 feet; (5) thence, in a southerly direction, along an arc ora curve, curving to the right, having a radius of 670.00 feet, an arc length of 237.81 feet, the chord of which being South 04 degrees, 46 minutes, 04 seconds West, for a distance of 236.56 feet to a point; thence along land now or formerly of DDG Properties, Inc., the following four (4) courses; (1) North 75 degrees, 03 minutes, 51 seconds West for a distance of 447.94 feet to a point; (2) South 09 degrees, 11 minutes, 25 seconds West, for a distance of 119.92 feet to a point; (3) South 20 degrees, 13 minutes, 57 seconds East, for a distance of 430.95 feet to a point; (4) South 03 degrees, 37 minutes, 50 seconds East, for a distance of 31.20 feet to a point on the western right-of-way line of Technology Parkway; thence along said right-of-way South 42 degrees, 57 minutes, 52 seconds West, for a distance of 14.15 feet to a point; thence along same, on an arc of a curve, curving to the left, having a radius of 390.00 feet, an arc length of 251.70 feet, the chord of which being South 24 degrees, 28 minutes, 32 seconds West, for a distance of 247.35 feet to a point, the point of beginning. CONTAINING 20.33 acres of land. Together with the rights, easements and privileges set forth in that certain Street and Construction Driveway Easement Agreement by and between Mt. Zion Associates, L.P. and Tech Park Associates, L.P. dated / /2002 and recorded / /2002 in Misc. Book page