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HomeMy WebLinkAbout02-3196Valenti Mid-Atlantic Realty, LLC, Sub-Sublessee Valenti Mid-Atlantic Management, LLC, Contractor : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT is made this 26th day of June, 2002, between Valenti Mid-Atlantic Realty, LLC, a Pennsylvania limited liability company, with its offices at 1770 Moriah Woods Boulevard, Suite 10, Memphis, Tennessee 38117 ("Valenti") and Valenti Mid- Atlantic Management, LLC, a Pennsylvania limited liability company, with a mailing address at 1770 Moriah Woods Boulevard, Suite 10, Memphis, Tennessee 38117 ("Contractor"). Recitals WHEREAS, by a duly executed written agreement dated June 26, 2002 (the "Contract"), Valenti and Contractor have contracted for the construction and completion of Wendy's Old Fashioned Hamburgers restaurant, and all matters pertaining thereto in accordance with the Contract (the "Improvements") on the Property situate in Cumberland County, Pennsylvania (the "Premises"), said Premises being more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, no authorization has yet been given by Valenti to Contractor to commence its work or purchase materials for same; and WHEREAS, no work has commenced on the Premises and no labor or materials have been delivered to the Premises or furnished for the Improvements by Contractor or any sub-contractor or materialman. NOW, THEREFORE, the Contractor, for itself, its successors and assigns and anyone else acting or claiming through or under it, for and in consideration 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 kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Valenti in the Premises as described in Exhibit "A", by or in the name of Contractor or by or in the name of any subcontractor, materialmen 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, the Premises 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 Contractor personally liable for all subcontracts, materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. Independent 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. Power of Attorney. In order to give Valenti full power and authority to protect itself, the Property, the estate or title of Valenti and Owner therein, and the appurtenances thereto, against any and all 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 Commonwealth of Pennsylvania to (i) 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, mark satisfied of record at the cost 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 served in connection with such lien or liens any pleading or instrument, or any amendment to any 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 such 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 been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for itself 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 such 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 foregoing covenant, Valenti 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 Contractor. 4. Public Notice. This Agreement shall be filed in the Cumberland County Prothonotary's Office 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. WITNESS: OWNER: VALE N'~q+--...~ V ALEN'~T~,,~NTIC By:~,...~ ~ REALTY, LLC Name: .-~I'A.~ E..cuPO~-~c.~ Title: ~. U. ¢. ~'rt~c--,~.~-~l~ ~ 'J~ Date: WITNESS: CONTRACTOR: VALENTI ,MJ~ATLANTIC MANAGE~, LtC. By: ~,....."~'=='~ Name: Title: Date: ~ EXHIBIT A LEGAL DEscIPTION LEASED OUTPARCEL #2A ~ CUMBERLAND RUSiNESS PARK UPPER ALLEN TOWN.SHIP, CUMBERLAND COUNTY, PA JMB PROJECT ;FZ,~-C ~ Eo~IN. NIN.? at a co~:~ete monument, said monument heir,- -, e~ on me northern right-of-way line ofthn r~o~,.,..~.~ ..'-'~_,~-'" o,,uU,~d.~ property CO.er o! ~ ~4 and ........ ,~,~ oufvlCe Road es shown on t~e revised Final Land Deve~'opment / Subdivision Plan (Site), sheet 2 of 15, pml~red by J, Ml~.,hael Brlll & ,a~................~o cia t es, Inc., dated Aptit 1, 1998, last revised on July 9, 19g1~; thence along the northem right-of-way line of said Relocated S?vlce Road and the southern property itne of Lot ~ North 75 degrees 32 minutes 20 seennds West a d~stanc? of 53.74 feet to a polnt; thence along a curve to the dght having a mdlus of 1,175,00 feet. an arc length of 40 46 feet, the chord of the last described arc be~ North 74 degrees 33 minutes 08 seconds West , d Stance el' 40 46 feet to e point, thence North 73 degrees 33 minutes 57 esesnds West a distance of 7.5.84 feet to a point, said Pelat being the southeast properly comer of Leased OUt@ar~el #2B, thence along the northern right-of-way of the Reloc.~ed 8elvice Road and the southem prope~yiine off Leased Ol~arcel #29 North 73 d.,~ree~ 33 minutes 57 seconds West a distance of' 232.30 feet to a point, said poiut being the esutheast pr°party Comer of Lessed Outpamel #-./A and else bei thePO said point of beginning along the .sou~em i~ror~,+,, n ..... ~r?~ --. INT OF BEGINNING; thence from . ,-, ...,~= ,m= u, ~.uase~ uutpemel ~ and along the northern right-of way line of the aforemer;tioned Relocated Service Road Nort~ ?3 degrees 33 minutes 57 seconds West a distance of 211.85 feet to a point, said point being a ;on~'ete monument located on the southwest p, ropert~ comer of Leased Outparcel #2~; thence from said c~ncrete monument along t~e western property seconds East a -- - ~.~.,., ..... e m~l sa~ pofnt North 49 degrees 24 minutes 17 distance of 39.53 fe~ to a point, ~ ~o]r~ being the northwest i)roperb/corner of Leased O a oe ...... , - ,,-,~,-,~. um sa~ po]tit ale the . __ ia utp rcel #2A and the southern ,~-,~,..-*. ........ ng no,hem, properlylme of Lsesad CommisSion Interchanoe No ~';=~:~*~'~<"x ,.,u er maes r~w or mrmedy of the Pennsylvania Turn e ............. 3S dngme~ 2¢ mi a point; thence from autos 30 se.~oads East a distance of' 7e.28 feet to sale point ~outh 83 degrees 24 minutes 30 seconds ~<, a distance o! 128~.4 t;est to a poir~, said point being the nortbeast Property COmerofLeased Outpam~[~ thence lmm said point along the eastern property line of Leased Outpar~l #2A ;led the $o~.. 1 e. degrees 26 minutes 03 seconds ~*,--.~ ..... ~__em property tine m Leased Outparcst sol~lloastern o e .,~n ~ uk.'~arlce 0~'281 O~ feet to a ! · pr p rtycomer~Le~sedC~,,,~,.~.~., ....... ". . Pent, said point belng the --',~--.,-~, .-~.~.ur~ also enlng ~le POINT OF BEGINNING. Leased O~parcel ~ as described herein, corrtales 56,333.02 square feet or 1.34 ac~s.