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HomeMy WebLinkAbout97-01446 DAUPHIN DEPOSIT BANK AND TRUST COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Owner V. NO.: 91 - /AI"II.:. rrlJ...D EICHELBERGER CONSTRUCTION, INC, Contractor WAIVER OF LIENS qContrattor's Baiber of 1Liens THIS AGREEMENT made this 18th day of March, 1997, between Dauphin Deposit Bank and Trust Company, a Pennsylvania Banking Corpomtion, with its principal office located at 213 Market Street, Harrisburg, Pennsylvania ("Owner") and Eichelberger Construction, Inc., a Pennsylvania corpomtion, with its offices located at 124 West Church Street, Dillsburg, P A 17019 ("Contractor"), WHEREAS, by a duly executed written Agreement dated March 12, 1996 (the "Contract"), Owner and Contractor have contmcted for the erection, construction and completion of a branch bank building and related improvements all in accordance with the Contract (the "Improvements") on the Property known and numbered as 1200 Market Street, Borough of Lemoyne, Cumberland County, Pennsylvania currently owned by West Shore Plaza, Inc. c/o Smith Land & Improvement Corp, (the "Property").; and WHEREAS, no authorization has yet been given by Owner to Contractor to commence work or purchase materials for same; and WHEREAS, no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any subcontractor or materialman. NOW, THEREFORE, the Contractor, for itself, its successors and assigns and anyone else acting or claiming through or under it, for and in considemtion of the Contmct and the considemtions mentioned therein, and intending to be legally bound thereby, does hereby agree as follows: I. Waiver of I.ien. Contractor hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of intention to file any lien or claim and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owner in the Property as described in Exhibit "A" or the curtilage appurtenant thereto, by or in the name of the Contractor or by or in the name of any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for supplemental thereto, or otherwise, 2. Independent Covenant. This Agreement 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 extm work in the erection, construction and completion of the said Improvements and as to any work and labor done and materials fumished under the Contract. _...J 3. Power of Attorney, In order to give owner full power and authority to protect itself, the property, the estate or title of owner therein, and the appurtenances thereto, against any and all liens tiled by the Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as attorney for it, them or any of them, in any such Court, and in its or their name or names,to the extent pennitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, tiled in violation of the foregoing covenant, or (ii) cause to be tiled and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or instrument previously tiled by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument; and for such act or acts this instrument shall be good and sufficient warranty and authority, A reference to the Court,tenn and number in which and where this agreement shall have been tiled shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for itself and for them, hereby remises, releases and quit-claims all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way conceming them. In the event anyone acting tluough or under the Contractor shall so file a lien in violation of the foregoing covenant, owner may not exereise its rights under this Paragraph 3 unless such lien has not been stricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notice of such lien shall have been received by Contractor. 4. Public Notice, This Agreement shall be filed in the Cumberland County Prothonotary's Office as public notice thereof, IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, have caused this Contractor's Waiver of Liens to be executed the day and year first above written, A TrEST: OWNER: DAUPHIN DEPOSIT BANK AND TRUST COMPAN e. .JforL Jc~ ..(Jit.:nt ) ~"'~rotftry , , By: (SEAL) ATrEST CONTRACTOR: :~~E~crI0N' BY;~i:lI) Presi~ent ~ - ~::...c C~ G .) Secretary (SEAL) 7V ~ (') ...~ '.) ~:..; -.J ~TI ~ C -;:;i.' .' :) 2:." J ~, :D , 't- O , N 'l71 -<- I!: (-, ' ") C- I':: ~;6 ..0 :.. -j r",j , -. 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