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HomeMy WebLinkAbout00-02533 BWI No. 99141-036 CONTRACTOWSUBCONTRACTOR Standard Form 393 CIS 7W,(J'V. JI{ 33,1\1 L..tI T~ WAIVER OF RIGHT TO FILE MECHANICS LIENS KNOW ALL MEN BY THESE PRESENTS, THAT: , I I I i' { Ii , j:: !'i WHEREAS, on the 22nd day of February, 2000, a contract was entered into and , executed by and between BARCLAY WHITE INCORPORATED, 22 Cassatt Avenue,. Berwyn, PA 19312, "Contractor", and Grim Tile & Carpet, Inc. 570 Lancaster Avenue York PA 17403 , hereinafter designated as the "SubcOntractor", for the construction of CSC TFO Ceramic Tile work and all work incidental thereto (all hereinafter referred te as the "Building Construction Work") on the premise~ more particularly located at Pinnacle Outpatient Health Center, 2025 Technology Parkway, Mechanicsburg, PA 17055, and r !' ,. I i~! , I; I WHEREAS, said premises are owned by Pinnacle Health Hospitals and '" ,. Ii I; I I WHEREAS, by the terms of said contract, the Subcontractor agrees that no liens would be filed by him or anyone else for any work, labor or materials supplied. in the performance .of said contract .or under supplemental contract, or for extra work, in performing all the w/lrk necessary and incidental .to the Building Construction Work, on the premises or lot of grownd above described, .or the curtilage appurtenant thereto. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: 1. The Subcentractor intending to be legally bound hereby and fer and in cdnsideration of the sum of ONE DOLLARS ($1;00) paid te him by the Contractor, the receipt whereofis~ereby acknewledged as well asiri'consideratien .of the entry by the Centracter inte said cory tract, does hereby, for itself, and any and all sub-subcontractors and parties acting fer, through or under it, them or any of them, covenant and agree by and with the Contractor that no mechcmics'lien or claims shalrbe filed or maintained by the said Subcontracter '.or any sub-subcontractors or ether party acting through .or under it, them or any .of them against the 'aforesaid building' andlo~ 'the let of grouhd of curtilage appurtenant thereto, or against the interests of the Owner 911:<il/~o~nt .of any work dpne or materials furnished by it, them or any of them either under.:.tf:l~ 'iilPt~.~ contract orun~er any suppl'l:lment therete otherwise, for, toward, in or abouf'~!ie"BiliiOn~ '. Censtructief!1f.Wprk en the let .of ground hereinbefere described, or any j wqfk ,'or mat<<i~1 therefore, aneHhesaid Subcentractor for itself and his sub-subcontractors antii alliPwsori9 actin!j1 for or under him, them or any of theil), hereby expressly waives and relinqe.is~li:sth~ri~i'lf)e .... have, file .or maintain any mechanics claim .or liens against the said building::il~GI;:;t6~,jEi1f,it)f ' ground hereinbefere described .or curtilage appurtenant thereto, or the interest ofth€jt):^,'~er.. .'.' Page 1 " ~" ., " ", .", ~, ." _I~,'ft;\'r,.,..~--~ Waiver of Right to File Mechanics Lien 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 said real estate, buildings and improvements, or any of them against any and all mechanics' liens or claims filed by Subcontractor or anyone acting for, through or under Subcontractor, or in violation of this Agreement, Subcontractor, for itself and all such aforesaid sub-subcontractors, materialmen and parties acting for, through and under 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, l'r 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 at\Orneys any and all manner of error and errors, defects and imperfections whatsoever in enlering 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 fumished by anyone under, for, toward or in connection with the execution of performance of the aforesaid Building Construction Work contract or otherwise, IN WITNESS WHEREOF, the said Subcontractor has signed t~~se presentsAnd fullv intends thatthis,Contractand Waiver to be soaled instruments this .~'YJ-"_;day of ;,. 'PD1_,- r 2000. Grim Tile & Car et, Inc. A::4/t)d(J1d~, c~~ !. {~I"A.! ,," ..,..~., .....r' ii L (~ ~ "".) n e2 C~(':.: ;,:-- r~ '" ~d ;:: .... ~ Notarial Seal . Tresa Mitzel, Notary PkUCbhC ..." , Garden Twp., Yor OU"" MyS8~~gmiSSion Expires Feb. 12, 2001 M b Pennsylvania Association of Notanes em er. - ,.....:;:, 0::. .-'-- ,.,-, ~ .. - ? g ,r ~ r " -, -_ ,'" "~~"7"~" . '" __. ~ ""~, ,,~~ ~'!I1iI~~ft__"'i("""'j>"'~>l<"~'!'<'I"'i!'l~~~i>r~-'"'f~tlJlmr _l~~~!flE1"!'lJ!iFf1W,~!!fl!lImlll'llll!lOOI~I_"'