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Home My WebLink About97-02378 . . AGREEMENT AND WAVIER OF LIENS (for Contractor) KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, FOLK AND GARBER, INC. ("Contractor"), has entered into a construction contract to supply labor and materials under date of .3./!>/97 , (as the , I same may be amended from time to time, the "Agreement") with SZELES BUILDING AND LEASING COMPANY, a Pennsylvania IimitcJ liability company ("Owner"),legal owner of the real estate located at in Lower Allen Township, Cumberland County. Pennsylvania, as is more r;!lrticularly described in Exhibit "A" attached hereto ("Premises"), for certain work (as described in the Agreement) in the erection and construction of a single story office building and parking area ("Improvements") located on the Premises; and WHEREAS, it is the intention of Owner and Contractor that (a) neither the Premises, the estate or title of Owner in the Premises, the Improvements, erected or to be erected thereon, nor the curtilage or curtilages appurtenant thereto (all of the aforesaid hereinafter refcrred to as the "Projcct") shall now or hereafter be subject to a lien of any kind for any debt or debts due by Owncr to Contractor or for any debt or debts due by Owner or Contractor to any subcontractor, materialmen, laborcr or other party (Contractor and all other subcontractors, materialmen, laborers and othcr parties are hereinafter individually and collectively referred to as the "Waiving Partics"), whether such debt or debts be for contracts or subcol1tracts exccutcd or for rnatcrials, labor, work, superintendcncc, goods or services furnished or supplied in connection with the erection and construction of the Improvements; and (b) the right of anyone. including all Waiving Partics, to claim any such lien be waive hereby; NOW, THEREFORE, Contractor. intending to be legally bound hercby, in consideration of the sum of One Dollar ($1.00) to Contractor in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration of the entry by Owner into the Agreement and for the benefit of Owner does hereby, for Contractor and any and all of the other Waiving Parties, expressly waive and relinquish all right to file a mechanics' lien, claim, or notice of intention to file any lien or claim and does covenant and agree that no mechanics' lien, c:\l. WORK\R!:Al.\Go.t2QQ7U. wrD - 2- claim, or intention to file any lien or claim shall be filed or rnaintaincd by or in the name of Contractor or any of the other Waiving Parties against the Project. or any interest of Owner therein, for or on account of any work donc or materials furnished under the Agreement or under any supplemental contract, verbal or written, or contract for extra work for or about the management, superintendence, erection, construction. alteration, repair and completion of the Project, or any part thereof, or prcparation therefor. or any of them or otherwise. and all of the Waiving Parties (other than the Contractor) shall look to and hold Contractor personally liable for all contracts, subcontracts, materials furnished and work and labor done, so that there shall be no legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under the Agreement or under any supplemental contracts, verbal or written. or contracts for extra work for or about the management. superintendence, ercction, construetion, alteration, repairs and completion of the Project, or any part thereof, or prcparations therefor, or any of them or otherwise. THIS AGREEMENT waiving the right of lien shall be an independent covenant. In order to give Owner full power and authority to protect the Projcct against any and all mechanics' liens, claims. or intentions to file liens or claims filed by any of the Waiving Parties or in violation of this Agrcernent, Contractor, for Contractor and all other Waiving Parties hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any other court or jurisdiction there or elsewhere, to appear in any said courts or jurisdiction for Contractor, and all Waiving Partics. or any of them, as many times and as often as Owner deems necessary, and to mark satisfied of rccord, at the cost and expense of Contractor, or any such subcontractor, materialmen. laborer or other party, or any part thereof, and, for such act or acts this shall be a good and sufficient warrant and authority, and a reference to the Court term and number or place in which this Agrccment and Waiver shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action; and Contractor. for Contractor and all Waiving Parties, does hereby remise, release and quit-claim unto Owner, Owner's successors and assigns, and their certain attorney or attorneys, any and all manner of error and errors, defects and irnperfcctions whatsoever in entering such satisfaction or any wise touching or concerning the same. AND FURTHER in the evcnt any claim or claims. lien or liens, or intention or intentions to file a lien or claim is filed by or for the Waiving Parties or any of them, or in his. its or their name against the Project, Contractor shall indcmnify and hold Owner harmless therefrom and from all costs, claims, demands, and expenses, including attorncy's fees of Owner incurred or paid by Owner with respect to such claim or claims, lien or liens. or intention or intentions to file C:'.I, WORKI.REAl.'G04299711. \\'PI) - 3 - a lien or c1uim und thc disputc, uclcnsc or rcmovulthcrcof hy Owncr or othcrwisc. This Agreement und Wuivcr is lIIudc und intcndcd 10 hc IiIcd with thc Prothonotury ofthc Court of Common Pleus orCulllhcrlu!lu County,thc county in which thc Project is situulc, in accordance with the requirclllcnls of Scction 402 of thc Mcchunics' Licn Luw Ill' 1963 (49 Pa.C.S. Section 1402), All of the forcgoing wuivcr provisions und rcmedies hercin contllincd shull hc uvuiluhlc to und for the protcction of Owner und Owncr's successors unu ussigns. "luC IN WITNESS WIIEHEO.... thesc prcscnls hul'c hecn duly cxcculcd this t'X day of r'AA'f ,1997. ATTEST: FOLK AND GARBER. INt'. aJ~ Name: GAf!. ,4. 6AI!cl Ete- Title: 5t:tU:titlt'::'j C:\J.W(lIU\\IU:AI,\(;042'N711 WII,) -4. . EXHIBIT A ALL that certain tract or parcel of land located in the Township of Lower Allen, County of Cumberland. and State of Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at an existing monument marking the most westerly corner of Lot A-3, a portion of Rossmoyne Business Center (formerly Rossmoyne Industrial Park) as set forth in Cumberland County Plan Book 52, Page 61 (as revised in Plan Book 53, Page 128); thence by the northerly boundary line of Lot A-3 North 51 degrees 50 minutes 23 seconds East a distance of232.00 feet to a point; thence South 38 degrees 09 minutes 37 seconds East a distance of 124.37 feet to a point; thence South 51 degrees 50 minutes 23 seeonds West a distance of232.00 fcct to a point on the westerly boundary line of Lot A-3; thence North 38 degrees 09 minutes 37 seconds West a distance of 124.37 feet to an existing monument, the point of BEGINNING. CONTAINING 28,853.84 square feet or 0.6624 acres. BEING all of Lot A-3B on that certain preliminary/final subdivision plan of Lot #A-3 dated October 4, 1996, as recorded in Cumberland County Plan Book 73, Page 115. BEING the same premises which Szelcs Real Estate Development Company. a Pennsylvania general partnership, by its Deed dated March 13, 1997, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 154, Page 455, granted and conveyed unto Szeles Building and Leasing Company. C:\l WORK\REAL\G042997D. wrD - 5 -