HomeMy WebLinkAbout97-01447
DAUPHIN DEPOSIT BANK AND TRUST
COMPANY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Owner
V.
NO.: q? - /~^l7 /?7, J....f:J
EICHELBERGER CONSTRUCTION, INC,
Contraetor
WAIVER OF LIENS
qContrador'~ Daiber of 1Lien~
THIS AGREEMENT made this 18th day ofMareh, 1997, between Dauphin Deposit
Bank and Trust Company, a Pennsylvania Banking Corporation, with its prineipal office located at
213 Market Street, Harrisburg, Pennsylvania ("Owner") and Eichelberger Construction, Ine., a
Pennsylvania corporation, 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 contracted 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 4909 Louise Drive, Rossmoyne Business
Center, Lower Allen Township, Cumberland County, Pennsylvania (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 consideration of the Contract and the
considerations mentioned therein, and intending to be legally bound thereby, does hereby agree as
follows:
1. Waiver of Lien. 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 mechanies' 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 Contraetor
or by or in the name of any subcontractor, materialmen or laborers for work done or materials
furnished under the Contraet 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 extra work in the erection, construction and
completion of the said Improvements and as to any work and labor done and materials furnished
under the Contract.
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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 filed 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 permitted 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, filed in violation of the foregoing covenant, or (ii) 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 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, term and number in which and where this
agreement shall have been filed 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 concerning them, In the event anyone acting
through 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 ofa bond or other means) for a period often 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
COMPANY
By: ~ Iv~
~(Vice) Presi ent
(~~.~,1~
(SEAL)
ATrEST
CONTRACTOR:
EICHELBERGER CONSTRUCTION,
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/ .(V;~~) PresIdent
~ C.~
6J'''''I. .)
t.) Secretary
(SEAL)
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