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HomeMy WebLinkAbout02-1648IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMIR KHANAHMADI, a Sole Proprietor doing business as SUBWAY, Subtenant and SUBWAY REAL ESTATE CORPORATION, a Delaware Corporation doing business as SUBWAY, Tenant and CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut Corporation, Owner and HAROLD R. LOEW, a Sole Proprietor doing business as LOEW'S GENERAL CONSTRUCTION COMPANY, Contractor Filed: O'. 4- o a... , 2002 No. o.a-o 16'/1' tm Lo ~ PRAECIPE FOR INDEXING TO THE PROTHONOTARY: Please index this Stipulation Against and Waiver of Right to File Mechanics' Lien in the names of the (1) Subtenant, (2) Tenant and the (3) Owner, as Plaintiffs and Defendants, and cross-index the Stipulation Against and Waiver of Right to File Mechanics' Lien in the name of the Contractor as Plaintiff and Defendant. Dated: ~. . ,2002 JOHNSTON & DIAMOND, P.C. Suite 100, 150 Corporate Center Drive Post Office Box 98 Camp Hill, Pennsylvania 17001-0098 (717) 975-5500 (J/AMES A. DIAMOND ~ Pa. I.D. No. 43902 Attorneys for Connecticut General Life Insurance Company, Owner -2- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMIR KHANAHMADI, a Sole Proprietor doing business as SUBWAY, Subtenant and SUBWAY REAL ESTATE CORPORATION, a Delaware Corporation doing business as SUBWAY, Tenant and CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut Corporation, Owner and HAROLD R. LOEW, a Sole Proprietor doing business as LOEW'S GENERAL CONSTRUCTION COMPANY, Contractor : Filed: No. ; ,2002 STIPULATION AGAINST AND WAIVER OF RIGHT TO FILE MECHANICS' LIEN WITNESSETH: WHEREAS, HAROLD R. LOEW is a Sole Proprietor doing business as LOEW'S GENERAL CONSTRUCTION COMPANY (the "Contractor") who has a business address at 1120 Wenrich Street, Harrisburg, PA 17112; and WHEREAS, AMIR KHANAHMADI is a Sole Proprietor doing business as SUBWAY (the "Subtenant") who has an address at 4830 Hampton Center, Carlisle Pike, Mechanicsburg, PA. 17055, and who is a subtenant of SUBWAY REAL ESTATE CORPORATION, doing business as SUBWAY (the "Tenant"), a Delaware Corporation authorized to do business in Pennsylvania, with a business address at 325 Bic Drive, Milford CT 06460; and WHEREAS, CONNECTICUT GENERAL LIllE INSURANCE COMPANY, a Connecticut Corporation (the "Owner"), is the owner of the shopping center commonly known as the "Camp Hill Shopping Mall," located at 32nd Street and Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011, and of that certain tract of real estate (the "Property") upon which the said shopping center is located, which Property is more particularly described in the Deed dated November 10, 2000, and recorded in the Cumberland County Recorder of Deeds Office on or about November 15, 2000 at Deed Book 233, Page 1104, conveying the said Property from Mid-Island Properties, Inc., to Owner, and in the property description that is attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, Contractor and Subtenant entered into a certain agreement dated April 2, 2002 (the "Contract"), relating to the perfomsance by Contractor of certain work (the "Improvements") with respect to complete interior renovation and remodeling of the retail space (to completely finish to business use as a restaurant) designated as Space Number L-9 (of the enclosed mall) erected as part of the said shopping center on the Property of Owner; and WHEREAS, the said retail store designated as Space Number L-9 is leased by Tenant -2- from Owner, and is in turn subleased by Subtenant from Tenant. NOW, THEREFORE, in consideration of the execution and delivery of the Contract, and in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Contractor, for himself, and his heirs, personal representatives, agents, servants, employees, representatives, assigns and successors, and all such persons, and all subcontractors and other parties acting through or under Contractor, does hereby covenant, promise and agree that no mechanics' lien or claim of any kind shall be filed or maintained against the Improvements or the Property, or any part or parts thereof, or the appurtenances thereto, by Contractor or by any subcontractors, materialmen, laborers or others, for work done or for any tools, equipment, materials or supervision, or other services furnished under the Contract or any subcontract or supplements thereto, written or oral, or by any other party acting through or under them, or any of them, for and about the Improvements, the Property, or any parts thereof, or on credit thereof. And this Stipulation Against and Waiver of Right to File Mechanics' Liens shall be an independent covenant and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the construction of the Improvements as to any work and labor done and material furnished under the Contract. And, in order to give the Subtenant, Tenant and Owner full power and authority to protect themselves and the Improvements and the Property against any and all claims filed by the Contractor, or by any subcontractor or anyone acting under or through the Contractor in violation of the -3- foregoing covenant, Contractor, for himself, his heirs, personal representatives, agents, servants, employees, representatives, assigns and successors, and all such persons, hereby irrevocably autho- rizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for it, them, or any of them, and in his, its or their name or names, to mark satisfied of any such mechanics' lien or claim, at the cost and expense of the Contractor, or his heirs, personal representatives, agents, servants, employees, representatives, assigns and successors, against the Improvements or the Property, or any parts thereof, and for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court and to the docket in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor, for himself, and his heirs, personal representatives, agents, servants, employees, representatives, assigns and successors, does hereby release all errors and defects whatsoever in the entry of any such satisfaction or the exercise of the authority hereby conferred. THIS WAIVER OF LIENS will be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Act of August 24, 1963, P.L. 1175, No. 497, as supplemented and amended, and the Prothonotary is required to index this Stipulation and Waiver in the name of the Contractor both as Defendant and as Plaintiff, and in each of the names of the Subtenant, the Tenant and the Owner both as Defendants and as Plaintiffs, in accordance with the Mechanics' Lien Law of 1963, the Act of August 24, 1963, as aforesaid, the receipt of such filing to be delivered to the Owner. -4- WITNESS the due execution hereof, with the intent to be legally bound, this q['l[o t. day of ,2002. Witness: HAROLD R. LOEW, a Sole Proprietor doing business as LOEW'S GENERAL CONSTRUCTION COMPANY, Contractor: Print Name: Title: By: Print Name: Title: Commonwealth of Pennsylvania County of C~,,~t~-~c,.,d SS. On this, the day of .i:~TO~ O~ , 2002, before me, the undersigned officer, personally appeared HAROLD R. LOEW, own to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Stipulation Against and Waiver of Right to File Mechanics' Liens, and he acknowledged that he executed the same for the purposes therein contained for the purposes therein. IN WITNESS WHEREOF, I hereunder set my hand and Official Seal. (Notarial Seal ) Notary/P~bli{/:' - My Commission Expiresi _o~/k ~~ ] -5- "EXHIBIT A" Property Description - Camp Hill Shopping Mall ~BIT A LECAL DESCRIPTION ALL THAT CERTAIN tr~ of ~un/-~it~mt~ ~n ~h¢ Borough of Camp Hill and the TownsMp of ~ per~sboro, County ~f Cipher[and md Commor~wealfl~ of Permsylvani~. bounded and d~x/b~/ss follows, to wit: BEOLNNING ~ a po'u~ ~skl point b~ng ~ fig,,of-way ~on of ~ ~ut~m way lh~ ~fT~n~ ~ ~ t~ ~m ~of-~y ~ of ~ 32~a ~eet~ w~ dght~f-~y ~ of So~ 32~ 8~L mu~ ~ de~:~ 33 mi~t~ ~ seco~s · m~ of 1~4.~1 ~e~ ~ a pol~; ~e ~ong ~e ~ mut~ 10 d~g~es 26 minutes 00 ~n~ ~. a ii.ce of 46i.~4 f~ ~ n ~ ~ along ~e s~e~ ~u~ 1 ! ~ 48 mi~s ~ e~onds e~ a d~e of 870.92 feet m ~ ~i~; ~nce alo~ ~ of ~n~l~ of P~lv~ ~ ~' H~b~ Exp~uy ~ follo~n~ seven co~: (l) sou~ 78 de~ 12 m~ ~ ~ ~, a ~ of ]4.00 feet m ~ point; th~ (2) on au ~c ora ~e ~8 m ~b~ ~ ~n8 a ~i~ of 394.00 f~t, ~11.1~ f~t to a ~ ~o (4) so~ 5G d~ ]9 minu~ ~ ~on~ ~ 198~6 ~ ~ a ~ ~ (5) along ~ ~ oF a cu~ ~ m ~e ~t ~v~nS a ~l~ of 3~.~ ~ ~ ~ ~ of 247.77 F~ ~ n ~ ~ (6) m~ 05 ~ ~ ~ $ ~i~ of 16.~ f~ to a ~i~ ~en~ (7) ~ 84 ~s 41 minutes 00 ~ ~ n ~ of ~.92 f~t ~ s point; (2) ~ ~ 65 ~s I 1 ~nu~s O0 ~o~- ~ a d~ of 303.09 b~ M a polntt ~ ~Jon8 ~ ~, I~ now or I&~ of ~ I~m~ De~lop~t A~ ~ 1~ now or ~ of C~I~ ~er no~ 2~ de~ 4~ ~nutes 00 ~on~ ~ a ~s~ of 1~33.31 f~l to 21 ~nu~ ~ ~ ~ a dt~ of I,~ 84.06 feet to ~ po~ ~ ~t of BEO~G. B~G ~ ~ P~S~ w~ ~p Hill Sho~ ~, ~., n Pe~tylvania ~~ Co~ PA ~ R~ ~k U, Vol~e 23, P~ BEING TH~ SAME PREMISES which Theodore S. Halteman, Sylvan M. Co n. Sack Farber, WBlhm P,. Dimel~n~, ~ J, Korn~n, Morris A. Kravitz, Marvin Orleans md Martin O. Be ~r~. as Trustees trader Trust Indenture lest amended ~ restated December 17, t971 ~ ~ord~ in Mont6omery County, Penz~ylvania in Deed Book 37~7, Page 307, d~ignated ~s Pcrmsylvnnh R~al F. statc In~rr~nt Trust, conv~cd umo MM-lslt~t Properties, h~., ~ Pennsylvania corporation, by deed dated September 23, 1954 and reoord~l October 2, 1984, in · e Recorder'-* Office i~ ~ for Cumberland CounV/, PA in Record Book X, Volume 30, ?age 532.