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HomeMy WebLinkAbout96-01665 ~ \ . 'tl 9't . I ~ft,j- ILlL 0 WAIVER OF LIENS ~ THIS AG~EEMENT is made this ~~ day of ,I1!J"....'~ ,1996, between pennsylvania Coupon Redempt ion Services, Inc, ("Owner"), a Pennsylvania corporation, with an address at 1029 Mumma Road, Wormleysburg, pennsylvania 17043, and LeRoy Roofing Company ("Contractor"), a Pennsylvania corporation, with an address at 4099 York Street, Harrisburg, pennsylvania 17111, BACKGROUND A, Owner is the legal owner of certain real property located at 1029 Mumma Road, Borough of Wormleysburg, Cumberland County, Pennsylvania and the improvements thereon, more particularly described in Exhibit "A" attached hereto (the "Property"), and having Uniform Tax Parcel No, 47-19-1.590-107, B, Owner and Contractor have entered into that certain Contract dated ~/~~ ,1996, for certain materials and/or work relating to rep'<liring, restoring and enhancing the roof of the building located on the Property (the "Contract"), C, contractor has covenanted, promised and agreed that no mechanics' or materialmen's lien or claim shall be filed or maintained in the property or any part thereof, either by itself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract for extra work, or in any other erection, construction, completion, or renovation of improvements to the Property, D, This Waiver of Liens is intended to benefit and protect both Owner and its successors and assigns, l>GREEMENT THEREFORE, in consideration of the above Background, herein incorporated by reference, and for other good and valuable consideration received, Owner and Contractor agree as follows: 1, The Contractor, for itself and anyone else acting or claiming to act through or under it, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby stipulate, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained again.~ any improvements or the estate or title of Owner in the property" 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 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 and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under the Contract, or under any contract for extra work, or for work supplemental thereto, or otherwise, 2, 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 to the Property as to any work and labor done and materials furnished under the contract, 3, In order to give Owner full power and authority to protect itself and the Property against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor herehy irrevocably authorizes and empowers any Attorney of any Court of Conunon Pleas of the Conunonweal th ofPennsyl vania, to appear for it in any of the Courts of Conunon Pleas as Attorney for it and in its name, mark satisfied of record at the cost and expense of Contractor or any subcontractor, materialman or laborer, any and all claim or claims, lien or liens, filed by or for the Contractor, or any subcontractor, materialman or laborer, or in its or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient ",arrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and Contractor for itself does hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise concerning the same, 4, In the event that Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them, For purposes of this Agreement, 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. S, If any provision of this instrument shall be deemed by judicial determination or legislative action to be invalid or unenforceable I only such provision so declared invalid or unenforceable shall be affected, and all other provisions not inconsistent therewith or directly dependent thereon shall remain in full force and effect. 6, The execution and delivery of this instrument shall not be deemed to imply that any right to a lien otherwise 2 If) . . ~. ir', ." , " '..t* ~'" \,'1' , .. ~ -,q .' " I:: ' , " '-,. .-) , ! (;",' ,,'.j ; , ,\ L~ , ,'" , L , ) . ~, " . , . ~ ~ -J F <::J l .. ''C) '-, , , ~ c:) ...... '" .rt ~ ~ ~ ~ (\~ ~~.~ -... '::J , ;'1 I,.'