The URL can be used to link to this page

Home My WebLink About95-04416 ~.? '- 0 6 -: d L/ /,(, / .IUJ KINNEY SERVICE CORPORATION Owner IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA and SYSTEMS PLUS OFFICE SERVICE INC. No. qs.- 4~/(P Contractor WAIVER OF LIENS CONTRACTOR'S WAIVER OF !.IENS THIS CONTRACTOR'S WAIVER OF LIENS. made this IL day of August, 1995. between KINNEY SERVICE CORPORATION, with offices at 3543 Simpson Ferry Road, Camp Hill, Pennsylvania 17011 ("Owner") and SYSTEMS PLUS OFFICE SERVICE INC. ("Contractor") with offices at 5871 Larue Street. WITNESSETH WHEREAS. Owner and Contractor have entered into a Standard Form of Agreement Between Owner and Contractor. dated August 1'3, 1995 (the "Contract"). for the installation of (144) Hayworth work stations (supplied by owner) and the tear down and reinstallation of (I 79) Steelcase workstations (supplied by owner) on the second floor of the Susie Building. the 1979 Annex Building (the "Improvements"), on Owner's ten acre tract, more or less. situate in industrial park property north of Simpson Ferry Road. Hampden Township, Cumberland County. Pennsylvania (the "Property"), which said improved real estate is more particularly bounded and described in Exhibit" A" attached hereto and made part hereof; and WHEREAS. no authorization has yet been given by Owner to Contractor to commence its work on the Improvements or purchase of material for the same; and WHEREAS. no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any subcontractor or materialman. NOW, THEREFORE. Contractor, for itself. its successors and assigns and anyone else acting or claiming through or under Contractor. for and in consideration of the Contract and in considerations mentioned therein. and intending to be legally bound hereby. does hereby agree as follows: I. Recitals. The recitals set forth above are incorporated herein by reference. . , --.. " 2. Subject Real Estate. As set forth above. the Improvements arc to be erected or constructed upon a 10 acre tract. more or less. being located north of Simpson Ferry Road. Hampden Township. Cumberland County. Pennsylvania. and the Property is more particularly bounded and described in Exhibit" A" attached hereto and made part hereof. 3. Waiver of Lien. Contractor hereby waives and relinquishes all right to file a mechanics' lien. claim or notice of intention to file any lien or claim and docs 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 Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or 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 or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen and laborers on the work shalllook to and hold Contractor liable for all subcontracts. materials furnished under the Contract for and about the completion of the Improvements. or under any contract for extra work. or for work supplemental thereto, or otherwise, 4. Independent Covenant. This Contractor's Waiver of Lien 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 completion of the said improvements and as to any work and labor done and materials furnished under the Contract. 5. Public Notice. This Contractor's Waiver of Liens shall be filed in the Cumberland County Prothonotary's Office as public notice hereof. IN WITNESS WHEREOF, The parties hereto. intending to be legally bound. have caused this Contractor's Waiver of Liens to be executed the day and year first above written. ATTEST: Owner: KINNEY SERVICE CORPORATION B~~"EAL) Contractor: / SYSTEMS PLUS OFFICE SERVlqES INC. EAL) EX II IBIT "A" , . , DESCRIPTION OF PROPERTY ALL TIIAT CERTAIN improved real eslale siluale in Hampden Township. Cumberland Counly. Pennsylvania, being more particularly bounded and described as follows: BEGINNING al a point in a southerly line of lands ofThe Pennsylvania Railroad Company at the northeast comer of other lands of Owner (containing 11.68 acres. more or less). a distance of 75 feet southwardly at right angles from said center line of said Railroad Company, known as the Cumberland Valley Branch, Philadelphia Division. said beginning point also at the distance of 968.16 fect bearing North 76 degrees 07 minutes East along the southerly line of the lands of the Railroad company on a line parallel with and distant 75 feet soulhwardly at right angles from said center line of the Railroad from the center line of St. John's Church Road; EXTENDING from said beginning point the following five courses and distances: (I) North 76 degrees 07 minutes East, along the southern line of the Railroad Company on a line parallel and distant 75 fect southwardly at righl angles from said center line at the Railroad. 669.53 feet; (2) South 13 degrees 53 minutes East crossing the northerly line of Simpson Ferry Road, 33 feet wide. 650,61 feet to the center line of said Simpson Ferry Road which is coincident with the line dividing the Township of Hampden on the north from the Township of Lower Allen on the south; the following two courses and distances being along said center line of Simpson Ferry Road which is coincid4;nt with said Township dividing line: (3) South 76 degrees 07 minutes West 660.24 feet to an angle point; (4) South 80 degrees 30 minutes West 9.32 feet to the southeast comer of other lands of Owner (containing 11.68 acres, more or less); and (5) North 13 degrees 53 minutes West, along the easterly line of other lands of Owner (containing 11.68 acres. more or less). 650.61 feet to the place of BEGINNING. (',,' CONTAINING 10.00 acres. more or less. "d: J . 7 j r 'J '-..,) ~ ~ 1'.;;e:; 1L C"' . :5 ;!.:z: 0 ::t C- Ut,,,,::"'):! r- ., uz:o~ 0 ~ i: oc,>...t CO .., ......t;C.:l> !:! 10....%....... 0 cJ ~ . r:...c>- :~.......: -JUl - h.'Jl. ':-z ] J c:c _I..1t.L1Z .rtj ::\ '.a~ " L CI ...::> ::> 0'-' -= I . . ,