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HomeMy WebLinkAbout95-06463 " II :</, Project Name: AMERICAN HOUSE WAIVER OF LltN~. DESIGN,jE8VltE$ ~l'tll CONSTRUPION CON1.'RACT ADMljIIIST~TION ~R(;HIT':CT KNOW ALL MEN BY THESE PRESENTS, That contemporaneously with the elCecution hereof, an agreement has been entered Into between AMERICAN HOUSE LIMITED Pt\RTNERSI-DP, a Pennsylvania limited partnership, with a principal place of business at 1514 DeITY Street, Harrisburg. Pennsylvania 17104. ("Owner"). AND COHEN ASSOCIATES. INC" a Pennsylvania corporation, with a principal place of business at 927.929 N. Second Street. Harrisburg. Pennsylvania 17102, ("Architect"). relating to the planning. designing and construction contract administration of a housing project upon the real estate located at 20.26 Market Street. Mechanlcsburg, Cumberland County, Pennsylvania, and described In EKhlblt A.. all ached hereto and made a part hereof (the" Agreement"); and. WHEREAS. PENNSYl V ANlA HOUSING FINANCE AGENCY has agreed to lend and advance certain funds to Owner to finance such construction In consideration of the execution of this Waiver. NOW. THEREFORE. Intending to be legally bound hereby, at the time of and Immediately before the execution of the Agreement, and before any authority has been given by Owner to Architect to commence work on said housing projer.t. for and In consideration of the making of the Agreement with Owner. Architect does hereby, for Architect and any and all subcontractors. material suppliers and parties acting or claiming for. through or under Architect, Including. Inter alia. any mechanical or electrical engineer. construction engineer or civil engineer. covenant and agree with Owner and PENNSYLVANIA HOUSING FINANCE AGENCY that no mechanics' liens or claims shall be tiled or maintained by Architect. or any of them. against the real estate described in Exhibit A auached hereto. or the buildings thereon, for or on account of any work done or materials furnished under the Agreement or under any supplemental contract, vllrbal or wrillen, or contract for elCtra work in or about the planning, designing, rehabilitation and/or construction and completion of the housing project. or otherwise; and Architect. for Architect and any and all subcontractors. material suppliers and parties acting or claiming through or under Architect, including. inter alia. any mechanical or electrical engineer. construction engineer or civil engineer. hereby expressly waives and relinquishes the right to have. file or maintain any mechanics' liens or claims against the real estate or buildings, Waiver of LienslDeslgn and Construction Architect Project: American House (0-37\) Page \ of 3 , This Wliver wlivlng the rillht of lien shall be In In Independent covenlnt and shill operlte Ind be effective IS willi wilh respect to work done and materials furnished under Iny supplemental contrlct for eKtrl work In the pllnnJnll. deslllnlng. rehlbllltatlon and/or construction. construction contrlct Idminlstrltlon. Ind completion of the housln8 project II to any work and labor done Ind mlterills furnished under the Allreemenl In order to give Owner and PENNSYLVANIA HOUSINO FINANCE AGENCY full power and luthority to protect the real estate Ind buildings Igllnst Iny Ind III mechanics' benl or c1aiml Illed by Architect or anyone acting or c1llming for. through or under Architect or In violation of the Agreement or this Waiver. Architect, for luelf and III subcontractors. materill suppliers Ind parties actlnll or claiming for, through or under Archltect. Includlns. inter Ilia, Iny mechlnlcal or electric II engineer. construction engineer or civil engineer. hereby Irrevocably authorizes Ind empowers any Illomey of IllY Court of Common Pleas of the Commonwealth of PennsylvlnJa or Iny allorney of Iny court or juri~dlctlon there or elsewhere, to Ippear In any court or jurildictlon for Architect. Ind m.:k satlslled of record, It the co~t and expense of Archltect, or Iny such subcontractor. material suppliers or party including. Inter alia, any mechanic II or electrical enslneer. construction engineer or civil engineer, any and all claim or claims, lien or liens filed by or for Archltect, In lu or their name against the real estate, buildings, or any part thereof. and. for such act or aell this shall be a good and sufficient warrant Ind authority, Ind a reference to the Court, tenn and number or place in which the Agreement and thls Waiver shall have been Illed shllll be sufficient exhibit of the authority herein contained to warrlntsuch action; and Architect, for luelf and all such parties, does hereby remise. release and quit-claim unto Owner and PENNSYLVANIA HOUSING FINANCE AGENCY and each of their luomeys any and all manner of errors. defects and imperfections whauoever In entering such satisfaction or anywise touching or concemlng the same, The Agreement and this Waiver are made and intended to be flied with the Prothonotary of the Court of Common Pleas of the County or other proper place in which the above.described lands are located. It is eKpressly understood that this Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of PENNSYLVANIA HOUSING FINANCE AGENCY and Owner of said premises, In the event Architect consists of more than one person, linn or corporation. the undertakings hereunder of each of such persons. linns or corporations shall be joint and several, and the word "Architect" shall mean all or some or any of them. For the purposes of the Agreement and this Waiver. the singular shall be deemed to Include the plural. and the neuter shall be deemed to include the masculine and feminine, as the context may require, I Waiver of Lien sIDe sign and Construction Architect Project: Americln House (0-371) Page 2 of 3 . . , IN WITNESS WHEREOF. Architect whh Intent to be legllly bound hereby, hll hereunto lijp1eeland lIaleeltheae presentathll.E...L day of UtiilE""&/r- . 1995, WITNESS ,4J01LA. , )11 LI -?t.2" .-JlIII</' By: 2 "', Thle:'..rP"f"P~~ COMMONWEALTH OF PENNSYLVANIA: :ss COUNTY OF ~ViJ/L'~1 , On thll, the ~ day of lY~y ,1995, before me, the undersigned officer, perlonally appeared '/-I""'K ~ I ~FN C", "iN ,who being Iworn according to law. depoleland Itatel that he il . "', <> NT of COHEN ASSOCIATES, INC., a PeMlylvanll corporation. known to me (or satisfactorily proven) to be the person whale name Illubscrlbed to the within instrument and acknowledged that he, being authorized to do la, executed the lame for the purpollthereln contained, and desirelthe lame to be recorded al such, IN WITNESS WHEREOF. I hereunto let my hand and officiallell. j 1~"{;.b1. ~ L NO T AlltAl SEAl STrVfN C ENGLE. ~ry Plilllc Carl'l} 11,11, Cumoerland COUllY (SEAL) My Commission unlrllli Oct. :Ii, f9Q6 Waiver ofLlenslDelisn and Conltruction Architect Project: American HOUle (0-371) Pllie 3 of 3 LEGAL DESCRIPTION ................................................................. 111 THAT CERTAIN lot of ground situate on the east aide of North Market Street, Borough of Mechanicsburg, county of cumberland, commonwealth of pennsylvania, bounded and deecribed in accordanoe with a Survey flat of "American Hou.... dated November 9, 1993 and reviled May 11, 1994, prepared by Reed I!ngineering, Inc., as folloWS I ~M at a set drill. hole at a corner of building line of North Market Strset and Strawberry Alley, thence along the building line on the South side of said alley north seventy (70) degrees zero (0) minutos zero (0) seconds east a distance of eighty-nine and twenty-two hundredths (89.22) feet to a set re-bar in the center line of a twelve (12) foot wide private alley, thence by the center line of said private alley south twenty (20) degrees thirty- two (32) minutes ten (10) seconds east a distance of seventy-seven and ninety hundredths (77.90) feet to a set. drill hole at the property line now or formerly of Thomas D. Sllngrey and Aimee I. Sangrey I thence along lots noW or formerly of Sangrey, Hulse Associates, Inc., and Stansfield-Hulse Associates, Inc., south sixty-nine (69) degrees thirty-seven (37) minutes fo~ty-seven (47) seconds west a distance of sixty-four and forty-seven hundredths (64.47) feet to a point on the lot line of a lot now or formerly at John B. Turol thence along said lot now or formerly of John B. Tl.Iro north twenty (20) degrees thirty-two (32) minutes ten (10) seconds west a distance of eight and sixteen hundredths (8.16) feet to a point I thence along same south seventy (70) degrees zero (0) minutes zero (0) seconds west a distance of twenty- four and seventy-five hundredths (24.75) teet to a set drill hole at the corner of the brick building on the land herein conveyed, thence along the building line along North Market Street north twenty (20) degrees thirty-two (32) minutes ten (10) seconds west a distance of ssventy and sixteen hundredths (70.16) feet to a set drill hole, the place of BEGINNING. _~~M THEREON ERECTED a three (3) story hotel building known aa the American House Hotel, and a two (2) story brick building numbere~ 20 North Market Street. l'.IIlIBIT A "3 'f ~ ~ - ~ 'I, fY) rJi ~'~ ~ II.... ". I 1"- ,. , ~c)) ~ 9 'I' ~~ ',1-, ~ ~ , '" ,/; ,'j- ~ "') .Q 6~ .' \'''''' 'TI').. , '. I i#'; " , I ,- . I I , " " ,I ,I " , , I, " , I " 'I " " .' " "