HomeMy WebLinkAbout96-01813
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Project Name: AMEIUCAN HOllSE
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KNOW ALL BY THESE PRESENTS, Thai contemporaneously wilh th~ e~~ulio~
heleof, an agreemenl has been enteml illlo between LOBAR ASSOCIATES, INC" a
PeMsyllianJa corporatIOn. with a principal place of business at 4 Barlo Circle, P,O, Box 432.
DillsburU, PelUlsylvania 17019,0,132, ("Contractor"),
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WAIV[R OF ur.NS. SUBCONTRACroR
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AND
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business at \>0<..\ o......~ c..\"'l-t.'.."""'~ ~... (e~,'!:..\,I:."', \>P\ \,Ol'b ,
("Subcontractor") relating to the construction andlor rehabilitation of a housing project upon the
real estate IOC~~~.26 Market Street, MechanJcsburg. Cumberland County, PeMsylvania and
demibed in . , allached hereto and made a part hereof (Ihe · Agreemenl") owned by
AMERICAN HOUSE LIMITED PARTNERSHll', a PeMsylvania limited pannership, wilh
offices at 1514 Derry Street, Harrisburg, PCMsylvania 17104.
NOW, THEREFORE, illlcnding to be legally buund hereby. at the lime of and
lnunediately before the Cl\ecution of lhe Allfecment, and before any authority has been given by
Contractor to Subcontractor to commence work on said housing project, for and in consideration
of lhe making of the Agreement with Contractor, Subcontraclor does hereby. for Subcontractor
and any and all subconlractors. malerial suppliers and partics aCling or daiming for, through or
under Subcontractor, including, inter alia, any mechankal or electrical engineer, construction
engineer or civil engineer, coyenant and agree with Owncr anti PENNSYLVANIA HOUSING
FINANCE AGENCY lhal no mechanics' liens or cluhns shall be tiled or maintained by
Subcontractor. or any of them, against the real estate described in Exhibit A attached hereto, or
the buildings thereon, for or on account of any work done 01 materials furnished untler the
Agreement or under any supplemental conlract, verbal or wnl1en, or contract for extra work in or
abouI the rehabilitation andlor construction and completion of ~aid project, or otherwise; and
Subcontraclor, for Subcontractor and any anti all subconnactors, material suppliers and parth:s
acllng or claiming through or under Subcuntractor, them or any of them, including, inter alia, any
mechanical or electrical engineer, construction engineer or civil engineer. hereby expressly waives
and relinquishes the right 10 have, file or maintain any mechanics' liens or claims against the real
estate or buildings, '
This Waiver waiving the right of lien shall be an independent covenant and shall operate
and be effective as well with respect 10 work done and malenals furnished under any supplemental
con1r8ct for extra work in the rehablliration. construction amI completiun of the huusing prolect
as to any work and labor done and materials fumish~d under the Agreement.
Waiver ofUens-SubcontraClor
Project: American House (0.371)
Page I of 3
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In order to give Owner, PENNS\1.VANIA HOUSING FINANCE AGENCY and
Contractor lUll power and authority to prot(ct the Ical e$we and building~ atlllin~1 any and all
mechanics' liens or claims tiled by Subconlractol or anyone aClillll or claiming for. through or
under Subcontractor or In violation of the Agreemenl or thi~ Waiver, Subcontracror, for Ilself and
ill subconrractors, malerial suppliers ilI1d panics aCling or cluhning for, Ihrough or under
Subconrracror, Including. Imer alia, any mechanical or eleclrical cnllinm, conlt/uction engineer
or civil engineer, hereby ilTevocably authurizes and empuwers any allul/ley of any Co un of
Common Pleas ofthe Cummonwcahh uf Pennsylvama 01 any anmney of any court or jurisdiction
there or elsewhere, to eppeul in an)' coun or jurisdiction for Subcuntractor, and mark satisfied of
record, lit lhe COlt and expense of Subcuntractor, or any such subcontractor, material suppliers or.
party including. Inrer alia, any mechanical or eleclrical en!llneer. constlUclion engineer 01 civil
engineer, any and all claim or claims. litm or liens filed by or for Subcunrracror, or in its or rhelr
name aaalnstthe real estate, bUIldings, or any panlhereof, and, for such aCI or acu this shall be a
good and sufficient WlUTant and authority, and a reference lU the Coun. Icnn and number or place
in which the Agreement and this Waiver shall have been liIed shall lJe sllflicicnt exhibit of the
iuthority herein contained to warrant such action; and Subcontractor, for i1self and all such
panics, does heleby remise. release and quit.claim unlo Owner and PENNSYLV ANlA
HOUSING FINANCE AGENCY and each oftheir alloroeys any and all manner of enors, defects
and imperfections whatsoever in entenng such satisfaction 01 anywise touching or concerning the
same
The Agreement and this Waiver is mude and intended 10 be filed wilh the Prothonotary of
the Court of Common Pleas of the CouRly or olher proper pluce in which the above.described
lands arc located,
It Is expressly undculood thuI this Wlliver 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 plemim
In the even1 Subcontractor consists of more than une penon, filll1 or corporation, the
undenaklngs hereunder of each of such per SOilS, fim1S or corporal Ions shall be joint and several.
and the word .Subcontractol" shall mean all or some or any of them, For the purposes ur the
Agreement and thil Waiver. the singular shall be dcemlld 10 include the plural. IInd the neuler shall
be deemed to include Ihe masculine and femininll. as Ihe context tIIay require.
IN WITNESS WHEREOF, SubcoRlraclor with iRlent to be legally bound hereby, has
hereunto signed and sealed these presenlsthis _LJ.. day of _tl.eLLL-.-, 199'
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Waiver of Liens. Subcontractor
Project; American Huuse (0.171)
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COMMONWEAl.T11 OF PENNSYLVANIA
COUNTY OF C U'" x.,.. \ r. ,', (~ ,.__
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On this, the ...:L day of~\ V.-, I~ 199', befure me, a Nutary Public, the undersigned
officer. personally appeared ._" , " " " \:) I r~- , __ of
-l~\\\. 0(' O"""~" \.,~ '-, . known to me or satisfactorily proven) \0 belhe person whose
name 15 subscribed to the within Waiver or Liens and acknowledged that he/she, being authorized
to do so. executed the sallle for the purposes therein cont:1intd, and desires the 5IU11e to be
recorded 1$ such.
IN WITNESS WHEREOF, I hereun!o set my hand and notarial seal.
Notar1a1 Boal
10<0811 A. Jones, Notary Public
NOI1h MWoton l\Ip., Cumll8i1Md Coony
My Commltalon EllpIros NaY. 11, 1996
Member, Pennsylvania "!Soclaffnn of Notaries
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NOlary Public \
(SEAL)
Waiver ofLlens,Subcolltractol
Project, American lIuuse (o.n I)
Page 3 of 3
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