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Home My WebLink About95-06510 fFGfS" 05/0 - \N 0.\ vtr 0.(: l, O\S ': I 101 " " . , (Jj) 1\1,) 'I" ) lI' I) Il' "\\.l) WAIVER OF LIENS 11-IIS AGREEMENT made alld concluded tills lJlh dny of Novcmber, IlJlJS, bctwocn DICKINSON GREENE LIMITED MIrJ'NEltSI1II1, II PClIlIsylvalllllllmlled pllrtncrshlp with nn office lit 413 Jolu\son Stl'Cl:l, Sullc 210, Jenkhllown, 11A IlJU46 ("Owncr") Md BOYD E, DILLER, INC., 11 PCMsylvwlla corporation, with all office Ul6K20 Wertzville Rand, Enolll, PA 17025 ("Contrllctor"), 11fE BACKGROUND of this Agrccmcnlls 114 followH: A, By 11 duly cllcculcd wrillen IIgn.'cment bearing evell datc herewitll (thc "Contract") VIUlilUllrd . Homcs, IIIC, ("Gcneral Contractor") WId Contractor hav(\ contracted lbr EXCAVATION, EROSION & SEDIMENT CONTROL, SANITARY SEWER CONSTRUCTION, STORM DRAINAGE CONSTRUCTION, WATER LINE CONSTRUCTION, AND STREET CONSTRUCTION for PHASE I ofthc DICKINSON GREEN SUBDIVISION (the "Work") to be pcrfomled 011 and Witll respect to thc real csllllC described In Exhibit" A" allachcd hcrcto (the "Propcrty"), B, By tllC tcrnls of the Contrnct, Conlrnctor hll5 covcnanted, promised, IUld agreed that no mochnnics' or IllIlterialmen's IIcn or claims would bc HIed or maintained In the Propcrty or any pllrt thcreof, cltllcr by Contractor of nnyonc clse for or on nccount of wlY work, labor, or materialH supplied In the perfunnwlcc of the Contract, or under WIY supplcmcntal contract or for cxtm work, in thc complction of the Work, C, OWllcr is tllC fec or bcneficial owner of tile Propcrty. NOW, TIiEREFORE, the partics hereto, In consideration of the foregoing WId the following mutual covcnants nnd Intending 10 be legally bound, hcrcby agrce lI5 follows: I. Contractor, for itself and wl)'one else ncling or claiming through or undcr it, for nnd in considcmtlon of the Contract Md the considemtions mentionedthercin, and inlcndingto be legally bound hereby, docs hereby walve nnd relinquish 1111 right to me a mechMics' lien, eovenwlt, promise WId agree thllt no mechanics' lien or claim or other lien or claim of WlY kind whatsocver shall bc filed or Innintnined against thc Work or the eslnle or tille of Owner or MY person or enlity having MY litle or illterest in IllI or MY pllrt of the Property, or iIB successors, or curtllages appurtenant thereto, by or In the nwnc of Contractor or MY subcontraclor, matcrialmen, or laborer for work done or materillls furnished under the Contract or by nny other party actingthroullh or under them or WI)' of thcm for WId about the Work or tJlC Property or MY part thereof, Md thllt all subcontractors, materiahncn, Md Illborcrs on the Work shall look to Md hold Contractor personally liable for all subcontmcts, matcrials furnished Md work WId labor done, so that there shall not bc WlY legal or lawful claim of MY kind whatsoever against Owncr, nny partners in Owncr, or MY pcrson or cntity hllving MY title or intcrcst in all or MY part of thc Propcrty for allY work done or labor or matcrials furnished undcr the Contract for and about the completion of the Work. 2, This AgtCement waiving the right of lien shall be WI indepcndent covennnt Md shllll opernte nnd be effective 114 well with rcspcctto work donc WId materials furnished under MY supplemcnllll contract for VHGC. Il.IH . . elllrll work In the cOlllllletlon of Ihe Work lIS to BlI)' work IUld labor dOlle Blld IIll\lerlals furnished undLlr the COlllrlltl, 3. III order to Ilive Owner, the partners In Owner, or BlIY per~oll or enllty have BIll' Ihle or IlIteres! in all or any part of the Property full powcr IlIId authority to protcetthemsdves, the Work, Ihe Property, tho catale oflille ofOwller. or nny person or enlity havirlll nny title or Intcrcst III all or BlIY part of IJroperty nnd the curtllalle nnd curtllalles appurtennlllthcreto, allalnsl BIll' nnd all liens or chllms flied by the Conlrlltlor or nnyone IItllng under or throullh It In violation of the forelloinll covennnt, Contractor hereby Irruv0C4bly authorl1Jls Blld cmpowers IIlIY Allorncy llf allY Court of Comlllon Plroa of the COl1llllonwcnlth of Pellllsylvnnla, to lI8 Attorney for the Conlractor, Ihcm, or lUll' of thclll, In nny such Court, nnd In Ita or their IIlIIIle or nallles (a) to the cxlcJlt pennillcd by law, lIlark satlstled of rccord at the cost nnd expense of Contractor or of lUll' subcontractor or matcriahllcn, lUl)' Blld all claim or claims, lien or liens, flied in violation of the forcllolnll covcnant, or (b) enusc to be mcd lUId served In name of Contrllttor or nny subconlraclor or nnyone dse aClhl1l ullder or Ihrough II lUll' plendlng m InslnJlllcnt, or lUll' BlnenWnenllo any plending or Instmmcnt previously flIcd by It or them, 10 IncorpolUtc herein, lI8 part of the record, the waiver contained In this Instmmcnt, lUld for such nets or acts this instmlllent slmll be 1l00d Bllll sufficlenl warrantlUld aUlhority, and a reference to the Court, Tenn and NUlllber In which lUId where this Agrcclllent , shall have bcen med shall be a sufficient exhibit of the authority herein contallled to warrBllt such net ion, and the Contmctor for itsclf and for them docs hercby rcmlse, relcnse, Blld qultclalrn all righls and IllI rnnnner of errors, defects. and Impcrfcctions wharsoever III elltering such satlsfaclion or ill tlllnll such plendlng, Instrument or anlcndmcnl, or In any way concerning thclII, 4, In the cvcnt Contmctor conslsls of more than one person, tlnll or corporation, the undertakings hereunder of each of such pcrsons, finlls, or corpomlions shall be jointlUld several, and word "Contraclor" shnllmenll nil or some of lUll' of Ihcm, For purposes of tltls Allrccmcnt, the singular shall be dcemed to include the plural, IUld the neuter shall be dcemed to include rhc mBSculine and feminine, lI8 tile context may inquire, IN WITNESS WHEREOF the parties hereto have executed this Waiver of the Liens the day and yenr first above wrlllen, OWNER: DICKINSON GREENE LIMITED PARTNERSHIP BY: ELO, INC" general partner BY~b'(t-'ATr"'T .A,.) :---<~ ,., l.\-s~lr f-f.t.!J , CONTRACTOR: BOYD E, DILLER, INC. /J BY: I' /;/. t/(~)"/ " 'd. , / ) , , Page 2 '\ . . .. ............................._.....~....N......~........................ I!:XIIIDIT ^ DESCRIPTION and RECITAL ALL THAT CSRTAIN parcel of land situate in Carliole Borough, Cumberland County, Pennsylvania, designated as Dickinaon Green - Phase I on "Final subdivision Pli:ln for Phaae I Dickinaon Green" by H. Edward Slack and Associatea, P.C" dated July 17, 1996, recorded in Plan Book / page and described as follows, to witl BEGINNING at a point, said point being located on the northern right-of-way line of a public street, thence continuing along lands of the Walnut Court Development by lands now or formerly of Gary L. and Eldora Blacksmith, Jr, i William E. and Patricia A. McDonald, Larry W. and Patricia H, Owen/ and ands of Patrick M. and Portia A. Roberts, by a bearing of North 14 degrees 10 minutes 56 secondo West, a distance of 611,61 feet to a pointl thence continuing along lands of Walnut Court, Phase III, by a bearing of North 13 degrees 40 minutes 09 oeconds West, a distance of 441.81 feet to a pointl thence continuing along lands of the same and landB of Dickinson College by a bearing of North 13 degrees 20 minutes 40 seconds West, a distance of 254.16 feet to a pointl thence continuing along lands of Diokinson Green Phaae II, by boaring of South 69 degrees 57 minutes 53 seconde West, a distance of 199.97 feet to a point; thence continuing along landa of Dickinson Green Phase II, by a bearing of South 03 degrees 35 minutea 10 secondo West, a distance of 206.96 feet to a pointl thence continuing along same South 76 degrees 19 minutes 51 oeconds West, a diatance of 44.86 feet to a pointl thence continuing along Dame South 14 degrees 10 minuteo 56 seconde West, a diatance of 60.00 feet to a point; thence continuing along Phalle II of Dickinson Green by a bearing of South 76 degrees 19 minutes 51 seconds West, a distance of 14,98 feet to a point; thence continuing along same South 09 degrees 46 minutes 50 seconde East, a distance of 129.77 feet to a pointl thence continuing along lande of Dickinson Green Phase III South 25 degrees 09 minutes 50 seconds East, a distance of 77.08 feet to a point; thence along same South 13 degrees 40 minutes 09 seconds East, a distance of 85.00 feet to a point; thence continuing along ~ame North 76 degrees 19 minuteo 51 seconds East, a distance of 95,50 feet to a pointl thence continuing along same South 13 degreee 33 minutes 53 seconds East, a diatance of 60.00 feet to a pointl thence continuing along same South 76 degrees 19 minutes 51 seconds Weet, a distance of:125.15 feet to a point; thence continuing along same South 13 degrees 40 minutes 09 oeconds East, a distance of 94.61 feet to a point; thence continuing along lands of Dickinson Green Phases III and IV South 14 degrees 10 minutes 56 seconds East, a distance of 489.20 feet to a pointl thence continuing along same North 75 degrees 49 minutes 04 seconds East, a distance of 145,00 feet to a pointl thence continuing along same South 14 degrees 10 minutes 56 seconds East a distance of 60.00 feet to a pointl thence continuing along same North 75 degrees 49 minutes 04 seconds East, a distance of 60.00 feet to a point; thence continuing along same South 14 degrees 10 minutes 56 seconds East, a distance of 64.99 feet to a point; thence continuing along a public right-of-way and lands now or formerly of Eugene S. and Ethel S, Schlosnagle, North 65 degrees 24 minutes 17 seconds East, a distance of 147.43 feet to a point, said point being the place of BEGINNING, and containing 9,04 acres. PA 3