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HomeMy WebLinkAbout94-04387 ., . '14- - If 38'7 m LD ~rv>>-I ~/o,-Pd. ~, ell\'/t"""". "0, KBCBAHICS LIEN WAIVER THIS MECHANIC'S LIEN WAIVER is entered into this ~ day of July, 1994, with ~ACB/CK, I.C., a Pennsylvania corporation ("Contractor") which is to provide materials and perform labor necessary for the construction of an air emission testing facility and related improvements (the "Project") on the property particularly described on bhibit "A" attached hereto and made a part hereof (the "Property"), pursuant to the terms and conditions of that certain contract dated April 15, 1994 (the "Contract") by and between Contractor and D1VIROTBST ~ARTHBRS, a Pennsylvania partnership formerly known as ENVIROTEST/SYNTERRA PARTNERS ("Owner"). WHEREAS, by the terms of the Contract, the Contractor covenanted, promised and agreed that no mechanics' or materialmen's liens or claims would be filed or maintained against the Property, either by himself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract. NOW, THEREFORE, intending to be legally bound hereby, it is stipulated and agreed for the consideration therein set forth the Contractor does hereby waive and relinquish all right to file a mechanic's lien or notice of intention to file any lien or claim, and neither the Contractor nor any subcontractor, supplier or materialman, nor any other person furnishing labor, equipment or materials to the Contractor under the contract, shall file a claim or lien, commonly called a mechanic's lien or notice of intention for same, within the meaning of Pennsylvania Statutes 49 51101, ~ ~., for work done or materials furnished to the Project, related improvements or any part thereof. This stipulation and agreement waiving the right of lien shall be an independent covenant and shall also operate and be effective with respect to work done and materials furnished under any supplemental contract or arrangement for extra work in connection with the improvements at the Project. In the event any mechanic's lien or notice of intention or claim is filed by the Contractor, or any person, firm, entity or corporation claiming under, through or against the Contractor, the Contractor for itself and all such persons, firms, entities or corporations shall indemnify, defend and hold Owner and any mortgagee secured by the Property harmless from any and all claims, expenses, losses or damages and hereby irrevocably waives any right to jury trial in any action to strike or discharge the lien. If the Contractor or any person, firm, entity or corporation claiming under, through or against the Contractor files a mechanic's lien, notwithstanding this waiver, Owner or any mortgagee shall have the right to discharge the lien by appropriate legal proceedings and to retain, out of any payment then due or thereafter to become due to the Contractor, an amount sufficient to .~ .. oompl.t.ly r.imbur.. and ind.mnify OWn.r or any mortgag.. again.t all .xp.n... and 10.... re.ulting from .uoh li.n. Such .xp.n... and 10.... .hall includ., without limitation, any attorn.y'. f..., .ur.ty bond pr.miUlll. and oth.r oo.t. incurr.d in att.mpting to di.charg. or r.mov. .uch li.n, and any damag.. or oth.r 10.... r..ulting from .uch li.n, all of which the Contractor agr.e. to pay. If any paym.nt then due to the Contractor by OWn.r i. not .ufficient to reimburse and indemnify OWner or any mortqagee by way of off-..t a. aforesaid, the Contractor aqr.es to pay the amount of .aid differ.nce to Owner or any mortgaqee upon demand. Each of the terms, provisions, covenants and conditions of this agreement and stipulation shall, as the case may be, be binding upon and inure to the benefit of owner, the Contractor, and each party acting for, throuqh or under the Contractor and their respeotive successors and assigns. IN WITNESS WHEREOF, the said party, actinq by its duly authorized officers, and intending to be legally bound, has hereunto set its hands and seal as of the day and year first above written. CONTRACTOR: PACE/CM, INC. BY: Name: Title: (SEAL) " 0' COMMONWEALTH OF PENNSYLVANIA . . . . aa COUNTY OF I On thia (Z~ day of' U 199!(, before .e, the underaigned Notary Publ for~e a county aa aforeaaid, peraonally appeared . , who acknowledged hi.aelf/her.elf to be the t of PACE/CM, INC., a penn.ylvania corporatio , and that he/ahe aa auch officer executed the foregoing inatrument for the purpoae. therein contained. IN WITNESS WHEREOF, I have aeal. is and official C Noc8I1al SeAl o IC~ MyComrrission~~99/l .P ~ . ~ ' . BXHIBIT "A" ALL that certain tract or parcel of land situate in Hampden Township, CUmberland County, Pennsylvania, more particularly identified as Lot No. 2 on that certain final subdivision plan for William Foust dated September 12, 1986 (revised October 29, 1986), of C.W. Junkins Associates, Inc., recorded with the Recorder of Deeds of Cumberland County in Plan Book 52, page 2, and being more particularly bounded and described as shown on that certain survey prepared by CPS Surveys, Inc., dated June 7, 1994, as follows: BEGINNING at a point on the Silver Spring Road (Legislative Route 21051) at the northwestern corner of Lot No. 3 on the aforementioned subdivision plan; thence, through and across said Silver spring Road North 09 degrees 02 minutes 02 seconds West, a distance of 256.27 feet to a PK nail on the southern line of lands now or formerly owned by John B. Sieck; thence, along the same and along the southern line of other lands of William Foust, the following courses and distances: North 73 degrees 24 minutes 49 seconds East, a distance of 628.95 feet to an iron pin on the western line of other lands of William Foust; thence, along the same South 09 degrees 02 minutes 02 seconds East, a distance of 232.78 feet to an iron pin on the northern line of Lot No. 3 aforesaid; thence, along the same South 71 degrees 18 minutes 13 seconds West, a distance of 632.46 feet to the point and place of beginning. CONTAINING 3.500 acres more or less. EXCEPTING AND RESERVING 0.256 acres for the right-of-way caused by L.R. 21051, with a remainder of 3.244 acres. Cumb 1 I' t-ba ,~ -:. !I' l- a--'" -\ -\\. ~~ ~ . ... ",>- " .- l&J"-~ '2~"~:f f.a,.C;;;u,.... ~il:'Q:! ,').-:?j;.! "'~~.~ J.. .~;' ,:.; ; ~.: !:t~..' s= ~ - ~ ...~ ~ . .....