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HomeMy WebLinkAbout02-5403WAIVER OF LIENS This instrument is executed this 23rd day of October, 2002 by High Associates, LTD. with an office at 1853 William Penn Way, Lancaster, PA 17605-0008 ("Contractor"), in favor of Lancaster Development Co., with an office at 1853 William Penn Way, Lancaster, PA 17605-0008 ("Owner"). W1TNESSETH: A. Contractor is or may be a contractor within the meaning of the Pennsylvania mechanics" Lien Law of 1963, as the same may be amended from time to time (the "Mechanics Lien Law"). B. Owner is the owner of those certain premises more particularly described at 5000 Ritter Road, Lower Allen Township, Cumberland County, Pennsylvania (the "Property"). Any and all construction improvements on the Property or thereto or therein are hereinafter collectively referred to as the "Improvements". C. Owner and Contractor have entered into or intend to enter into a certain Design/Builder's Agreement (the "Contract") in connection with the alterations and improvements of Suite #205 for Ivy Mortgage. D. Contractor has, by this instrument and the premises contained herein, covenanted, promised and agreed that no mechanics' or materialman's liens shall be filed or maintained against the improvements or the estate or title of any Owner in the Property or any part thereof; or the appurtenances thereto, either by itself or anyone else acting or claiming through or under it for or on account of any work, labor or materials supplied in the performance of the work under the Contract, or under any supplemental contract or for extra work in the erection, construction or completion of the improvements or any appurtenance to the improvements or Property. 1. Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' or materialmen's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanics' lien or other lien of any kind whatsoever shall be filed or maintained against the improvements or the estate or title of Owner in the Property or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman, laborer or consultant acting or claiming through or under Architect for work done or materials furnished in connection with the improvements or under the Contract or by any other party acting through or under them or any oftham for an about the improvements, the Property, or any part thereof. 2. This Waiver of Liens 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 in the design, erection, construction and completion of the improvements to the same extent as any work and labor done and materials furnished in conneetion with the improvements or under the Contract. 3. In order to give Owner full power and authority to protect itself, the improvements, the Property, the estate or title of Owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenants, Contractor, knowing and upon advice of separate counsel, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Common Pleas of the Commonwealth of Pennsylvania, to appear as Attomey for it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of the Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenants, or cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as part of the record, the waiver and release contained in this instrument, and for such act or acts this instrument or a copy thereof shall be good and sufficient warrant and authority. A reference to the court, team and number in which and where this instrument shall have been filed shall be conclusive evidence of the authority herein contained to warrant such action, and the Contractor, for itself, and for them, hereby remises, releases and quit-claims all rights and all manner of error, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. 4. This instrument is made and may be filed with the Prothonotary of Cumberland County in accordance with the requirements of the Act. 5. In the event any part of this Waiver of Liens is determined to be illegal or unenforceable, it shall be deemed stricken or reformed and the remainder of this instrument shall be unaffected and remain in full force and effect. IN WITNESS WHEREOF, Contractor has executed this instrument on the day and year first above written. CONTRACTOR: Title: STATE OF ,d,'~,,,4/,A/.Iy,] }'/,~/A/I'.~- : COUNTY OF ~,,~ : SS ON THIS, the Ot~' ~d~ay of ~"~/.~Z",,4~ , 20~, ~f~e me, a Not~ ~blic, ~e ~d~si~ed office, p~sunally appe~~ffW~[~ , who ac~owledged ~sel~erselfto · e~ ~ ~d~g ~fHi~ Associates, LTD. ~d *at (s) he, as such office, berg au~iz~ so to do, ex~ut~ ~e foregoing ins~ent for ~e p~ose th~ein contahed by si~hg ~e nme of the co~atim by him~l~lfas such office. ~ ~ESS W~OF, I have h~e~to s~ my h~d ~d official s~l. Notary Public My Commission Expires: ~a~o C. S~si~r. Notav/F'ut~ic ~.~. ~,!~mpeter Twp., Lancaster Counly ,Wy ~"~nmlsslo~ Expires June ~9 200~ J ~Viembe~ Per~nsytvania Assod, atio~ Of