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HomeMy WebLinkAbout00-01656 . ,I 00- t~bb fYl)."U 'T~ BWI No. 99141-024 CONTRACTO~SUBCONTRA~TOR Standard Form 393 CIS .. WAIVER OF RIGHT TO FILE MECHANICS LIENS KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS. on the 14th day of September, 1999 , Nineteen Hundred and Ninety-Nine, a contract was entered into and executed by and between BARCLAY WHITE INCORPORATED, 22 Cassatt Avenue, Berwyn, PA 19312, "Contractor", and Eastern States Paving, Inc., P.O. Bcix 40, Slatington, PA 18~80. hereinafter designated as the "Subcontractor", for th,e construction of P,avers work and all work incidental thereto (all hereinafter referred to as the "Building Construction Work") on the ,. ,.' ' \. premises more particularly located at . Pinnacle Outpatient Health Center, 2025 Technology Parkway, Mechanicsburg, PA 17055, and WHEREAS, said premises are owned by Pinnacle Health Hospitals and WHEREAS, by the terms of said contract, the Subcontractor agrees that no liens would be filed by him or anyone else .for any work, .Iabor or materials supplied in the performance of said contractor under supplemental contract, or for extra work, in performing all the work necessary and incidental to the Building Construction Work, on the premises or lot of ground above described, or the curtil~ge appurtenant thereto. , . NOW, THEREFOHE, THIS AGREEMENT WITNESSETH: 1. The Subcontractor intending. to be legally bound hereby and for and in consideration of the sum of .oN.E DOLLARS ($1.00) paid to him by the Contractor, the receipt whereof is hereby acknowledged as-well as in consideration of the entry by the Contractor into said contract, does hereby, for itself, and any .and all sub-subcontractors and parties acting for, through or under it, them or any of them, covenant and agree by and with the Contractor that no mechanics' lien or claims shall be filed or maintained by the said Subcontractor or any sub-subcontractors or other party acting through or under it, them Or any of them against the aforesaid building andlor the lot of ground of curtilage appurtenant thereto, or against the interests of the Owner on account of any . work done or materials furnished by it, them or any of them either under the aforesaid contract or under any supplement thereto otherwise, for, toward, in or about the Building Construction Work on the lot of gr')und hereinbefore described, or any work or material therefore, and the said Subcontractor for itself and his sub-subcontractors and all persons acting for or under him, them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics claim or liens against the. said building andlor the lot of ground hereinbefore described or curtilage appurtenant thereto, or the interest of the Owner. /~l_ ~llllwO\i!!;1l.~:illti~'~"-~,;;&~j'",';;!~~<i\'\~,~~f~"'''''",-jL~'i''",_,)~(.l'HIIMN';1illlW~~.lWiilDIiitli_.iIiiJJl..LL1 ~;g:iIM~J-"'~"- ,..;J.~""... - U ..III!iL1III1I ~ Waiver of Right to File Mechanics Lien RECEIVED FEB 0 2 2000 BARCLAY WHrrE INCORPORAT€D ... . - 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 and labor done and materials furnished under any supplemental contract or contracts for extra work in the Building Construction Work on the lot of ground hereinbefore described, although not therein referred to as work and labor done and materials furnished under the aforesaid contract. 3. In order to give Owner full power and authority to protect the sail real estate, buildings and improvements, or any of them against any and all mech" nics' liens or claims filed by Subcontractor or any one acting for, through or under pubcontrac;tor, or in violation of this Agreement, Subcontractor, for itself and all such aforesaid sub-subcontractors, . materialmen and parties acting for, through and und~r Subcontractor, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any other court of jurisdiction there or elsewhere, to appear for Subcontractor in any of said courts of jurisdiction for Subcontractor, them or any of them, and mark satisfied or record, at the cost and expense of Subcontractor, or any such subcontractor, materialmen or party and all claim or claims, lien or liens, filed by or for the Subcontractor, them or any of them, or in its of their name against the said real estate buildings and improvements, or any part thereof, and for such act or acts this shall be a good and sufficient exhibit of the Authority' herein contained to warrant such lease and quit-claim unto Owner and each of their certain attorney or attorneys any and all manner of error and errors, defects and imperfections whatsoever in entering such satisfaction or anyone touching or concerning the same. This Agreement and Waiver is made and intended to, be filed with the Prothonotary of the Court of Common Pleas of the County or other proper place in which the above described lands are located. 4. The Subcontractor hereby declares and warrants that no work of whatsoever . kind or nature has as yet been done and that no materials or supplies whatsoever have as yet been furnished by anyone under, for, toward or in connection with the execution elf performance of the aforesaid Building Construction Work contract or otherwise. IN WITNESS WHEREOF, the said Subcontractor has signed these Pr~en~and fully i~tends that this Contract and Waiver to be sealed instruments this 4 ~y cffi. Na!'f n ,1999. ;zgj ~ ,;f;:n Eastern States Paving. Inct5'i ::;~g8 ;::;5 Q.h s:: -0 ~.,~ .-./ ..../ , ~'~ ~~ i5~ ATTEST: :,A ~ t 17 0.... By: ~ ~J:-;z. c' j,:' iSf'''' ~ - /c:> ~ - t..:> -< (SEAL) Title President p g t'~$ &"<)\J./f:..i;::~~ _ \' 8 -e . ~ -J~ P:3ge2 ~~. . I