The URL can be used to link to this page

Home My WebLink About00-03412 , ,,' 1-.. ,--".~"". z --" -" , ,c", _. , _".. ",', -~,,;:~ ,C;:'-~', '_ -# 0J0c()-311c2 /VlLj) ~ ',^,', ;,,; ~; \ BWI No. 99141-037 CONTRACTO~SUBCONTRACTOR Standard Form 393 CIS WAIVER OF RIGHT TO FILE MECHANICS LIENS . - ,-' ..,' , -- ,-; r ' i : ",~ :-: -' KNOW ALL MEN BY lHESE PRESENTS, THAT: '( 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 Dupont Flooring Systems 2731 Turnpike Industrial Drive Middletown PA 17057, hereinafter designated as the "Subcontractor", for the construction of CSC TFO Carpet & VCT work and all work incidental thereto (all here.inafter referred to as the 'Ni.-:'" "BuHding ,Construstion "'JerkJ-') on.--the premises more---particular!y tosat.ed-:;at.,PInnao.le:O,utpat~t 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 forany work,laborormaterialssuppliedinthe,performance of said contract or under supplementalconfrad, orfdr extrci work, in performing all the work nep9sl:/a,ry ,andi[lcid,enJaUo theB\Jilc!ilJg c;Qrlstruc;tion"Work, on the, premises or lot of ground ab6)1~p,~~Cdbed;o~;UieC~~)r~Qe~ppuHe~~r,~'t~~~eta, '".' ','c':' " ',; ""', .' . NOW, THEREFORE, THIS AGREEMENT WITNESSETH: {' h: Ii 1. The Subcontractor intending to be legally bound hereby and for and in consideration of the sum of ONE DOLLARS ($1.00) paid to hini 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-subCClJ:ltractors or other party acting through or under it, them or any of thaill against the aforesaid buUalng and/or the lot of ground of curtilage appurtenant thereto, or against the interests of the Owner on account of any work done or materials fumished 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 ground 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 and/or the lot of ground hereinbefore described or curtilage appurtenant thereto, or the interest of the Owner. - ~i Page 1 l ;-k"" " '~",;'i ",.)iO~ --' . ;....~ ....;..~ '-~ i:~M 0" ~i1 -'-;;1 , I I i l_~ '~'iHI~~I;q . '"'ilillliF -,~ -"""" 1ifI1l_i!lbllilMl~~~~ ~-','. , ,..,. IillIill ~- " ~- ~ ,,:",~ "", -.~,- Ill""'';''';''; c -,m";'billlil!lj 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 bibor 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 a':1 attorney of any other court af jurisdic;tion 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 orany 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 of performance of the aforesaid Building Construction Work contract or otherwise. IN WITNESS WHEREOF, the said Subcontractor has signed these Presents and fully r intends that this Contract and Waiver to be !"ealed instruments this> __~~dey of /vItvf ' 2000. Dupont Flooring Systems By: ~'~;L BA '. A. HAAS Title BRANCH VICE PRESI~ ATTEST: E. DIANE SHOLLY, (SEAL) Page 2 (") 0 0 c 0 'n :\; ^' ~ $; <- ....; J':~ -00:1 ~ T_ nlm 0;;: f!l.JJ Z::rJ - r- zS;: I '09 ~~ F?7 Ui :i,J '<: 1..'5 ~::1(j ;I:>> }~=H ~~ ~c :x . ,~- -=0 '70 Pc \D Om ~ Q ~ -< t'F.L. , ~. ,.,_~ ~{;