HomeMy WebLinkAbout97-01328
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AGREEMENT ANI> WAVIER OF LIENS
(for Contractor)
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, SHANE CONSTRUCTION GROUP ("Contractor"), has
entered into a construction contract to supply labor and matcrials undcr date of NDV. 27 , 1996,
(as the samc may be amended from time to time, the "Agreement") with SZELES BUILDING
AND LEASING COMPANY, a Pcnnsylvania limited liability company ("Owner"),lcllal and/or
equitablc owner of the rcal estatc located at in Lowcr Allcn Township. Cumbcrland County,
Pcnnsylvania, as is more particularly described in Exhibit "A" allachcd hcreto ("Premises"), for
the erection and construction of a singlc story officc buildinll and parking area
("Improvements") located on the Premises; and
WHEREAS, it is thc intcntion of Owner and Contractor that (a) ncither thc Premises, the
cstatc or titlc of Owner in thc Premiscs, thc Improvemcnts. erected or to bc crectcd thcreon, nor
the curtilage or curtilages appurtcnantthereto (all of the aforcsaid hereinafter referred to as thc
"Projcct") shall now or hereaftcr be subject to a lien of any kind for any debt or debts due by
Owner to Contractor or for any debt or debts due by Owner or Contractor to any subcontractor,
materialmcn, laborer or other party (Contractor and all other subcontractors, materialmen,
laborers and other parties are hereinaticr individually and collcctivcly referred to as the
"Waiving Parties"), whcther such dcbt or dcbts be for contracts or subcontracts executed or for
materials, labor, work, superintendcncc, Iloods or services furnishcd or supplicd in conncction
with thc erection and construction ofthc Improvcmcnts; and (b) thc right ofanyonc, includinll all
Waivinll Parties, to claim any such lien bc waivc hcrcby;
NOW, THEREFORE, Contractor, intendinllto be lellally bound hereby. in
consideration of the sum of Onc Dollar ($1.00) to Contractor in hand paid, thc receipt of which is
hcrcby acknowlcdlled, as well as for and in consideration of the entry by Owncr into thc
Allreemcnt and for the benefit of Owncr does hereby, for Contractor and any and all of the othcr
Waivinlll'arties. cxpressly waivc and rclinquish all rillhtto file a mechanics' lien, claim, or
notice of intention to filc any lien or claim and does covenant and allree that no mechanics' Iicn,
U' I. WORK' REAL' <1022147 A_ WI'I)
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claim, or intention to filc any Iicn or claim shall be filed or maintained by or in thc name of
Contractor or any of the other Waivinll Parties alluinstthe Project, or any intcrest of Owncr
thcrein, for or on account of uny work done or matcrials furnished under the Allrccmcnt or under
any supplcmental contract, vcrbal or wrillen, or contract for extra work tor or aboutthc
manallemcnt, superintendcnce, erection, construction, alteration, repair and completion of the
Projcct, or any partthercof, or preparation thcrcfor, or any of thcm or othcrwisc, and all of thc
Waivinll Partics (other than the Conlractor) shall look to and hold Contractor pcrsonally Iiablc
for all contracts, subcontracts, matcrials furnished and work and lubor done, so that there shall be
no legal or lawful claim of any kind whatsoever against Owner for any work done or lubor or
materials furnished undcr the Agrccment or undcr any supplemental contracts, vcrbal or wrillen,
or contracts for extra work for or about the managcment, supcrintendence, erection, construction,
alteration, repairs and completion of the Project, or any part thereof, or preparations therefor, or
any of them or othcrwisc.
THIS AGREEMENT waivinllthe rillht of lien shall be an independent covenant. In
order to givc Owncr full power and authority to protect the Project allainst any and all mechanics'
liens, claims, or intentions to file liens or claims filed by any of the Waiving Partics or in
violation of this Agreement, Contractor, for Contractor and all other Waiving Partics hercby
irrevocably authorizes and cmpowcrs any allorney of any Court of Common Picas of the
Commonwealth of Pennsylvania or any allorney of any other court or jurisdiction thcrc or
e1scwhcre, to appear in any said courts or jurisdiction for Contractor, and all Waiving Parties, or
any of them, as many times and as often as Owner deems necessary, and to mark satisfied of
rccord, at the cost and cxpense of Contractor, or any such subcontractor, materialmen, laborer or
other party, any and all claim or claims, lien or liens, or intention or intcntions to file a lien or
claim filed by or for them or any of them, or in his, its or their name against the Projcct, or any
part thereof, and, for such act or acts this shall bc a Ilood and sufficient warrant and authority,
and a reference to the Court term and number or place in which this Allrcemcnt and Waiver shall
have been filed shall be a sufficicnt cxhibit of the authority herein contained to warrant such
action; and Contractor, for Contractor and all Waivinll Parties. does hereby remise, rcleuse and
quit-claim unto Owner, Owner's successors and assigns, and their certain attorney or allorncys,
any and all manner of error and errors, defects and imperfcctions whatsocver in enterinll such
satisfaction or any wise touching or concerning thc same.
This Agrcement and Waiver is made and intendcd to be filed with the Prothonotary of the
Court of Common Pleas of Cumberland County, the coonty in which the Project is situate, in
accordancc with the requirements of Section 402 of the Mechanics' Lien Law of 1963 (49
() '.LWORK'RI:AI:C;022197A.WI'D
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