Loading...
HomeMy WebLinkAbout96-01813 . IIpr, 2.1');1; I :~Of~,! l ',: ,t ", ..' . .'r." r., ..,1 " :4 \ ~l . .:. .' t, 1 , # 720 % . ;j'13 IV\. ,-0 -rp..-.- Project Name: AMEIUCAN HOllSE ,., 1.1' I '" "11 ".1 , , :-.1 ,,') \.\1 I 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"), ro,' ,fJ .lllcY' -Q~' WAIV[R OF ur.NS. SUBCONTRACroR I AND ~,~~... ~'LIt.' ):~s.a ~"'-'"'''~,\\~t_."(",l~.!..2C,(,\io\,,,,",ilh a plincipal place of 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 .--.1 . r.H, L IY% I :HitM II ". ~': ~ ~ t. L ) t I\~. 1\:' ~\ .,11 : .. - 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' , 'i ("././ . I); /] v~} , ;..t Y/~ 4L / (11,1 tJ'!'1 ~('I/ k. Waiver of Liens. Subcontractor Project; American Huuse (0.171) l'alle 2 of 3 . ~ t ;, I I " " ,. ... - COMMONWEAl.T11 OF PENNSYLVANIA COUNTY OF C U'" x.,.. \ r. ,', (~ ,.__ SS, I .1 " I , I :i ., , ;. , ( I i I I ': '~1 :' 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 --,~, ,."" ~.C\(m'," NOlary Public \ (SEAL) Waiver ofLlens,Subcolltractol Project, American lIuuse (o.n I) Page 3 of 3 1 1 ~