HomeMy WebLinkAbout97-02379
AGREEMENT AND WAVIER OF LIENS
(for Contractor)
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, R. L. SNYDER ELECTRIC, INC. ("Contractor"). has entered into a
construction contract to supply labor and materials under date of . (as the
same may be amended from time to time, the "Agreement") with SZELES BUILDING AND
LEASING COMPANY, a Pennsylvania limited liability company ("Owner"). legal owner of the
real estate located at in Lower Allen Township, Cumberland County,Pennsylvania, as is more
particularly described in Exhibit "A" attachcd 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 intcntion of Owner and Contractor that (a) neither the Premises, the
estate or title of Owner in the Premises, thc Improvements, erected or to be erected thereon, nor
the curtilage or curtilagcs appurtenant thercto (all of the aforesaid hercinaller referred to as the
"Project") shall now or hereafter be subject to a Iicn 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,
materialmen, laborer or other party (Contractor and all othcr subcontractors. materialmen,
laborers and other parties are hereinafter individually and collcctively rcfcrred to as the
"Waiving Parties"), whether such debt or debts be for contracts or subcontracts executed or for
materials, labor, work, superintendence. goods or services furnished or supplied in connection
with the erection and construction ofthc Improvcrncnts; and (b) the right of anyone, including all
Waiving Parties. to claim any such lien bc waive hereby;
NOW, THEREFORE. Contractor, intending to be legally bound hereby. 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 und in consideration of the entry by Owner into the
Agreement and for the benefit of Owncr does hercby, for Contractor and uny and all of the other
Waiving Parties, expressly waive and relinquish all right to file a mcchanics' lien, claim, or
notice of intention to tile any lien or claim and does covenant and agrec thatnn mechanics' lien,
(':\1. W(JltK\RI~^I.'(;O"2QY7^. WI'I)
- 2.
claim, or intention to filc any lien or claim shall be filed or maintained by or in the name of
Contractor or any ofthc othcr Waiving Parties against the Project, or any interest of Owner
thcrein, for or on account of any work done or materials furnished under thc Agreement or undcr
any supplcmental contract, verbal or writtcn, or contract for extra work for or about the
management, superintendencc. erection, construction, alteration, repair and completion of the
Project, or any part thereof, or preparation 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. rnatcrials furnishcd 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, erection, construction,
alteration, repairs and completion of the Projcct, or any part thcreof, or preparations therefor, or
any of them or otherwise.
THIS AGREEMENT waiving thc right of lien shall be an independent covenant. In
order to give Owner full power and authority to protect the Project 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 Agreement, 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 cuurt or jurisdiction there or
elsewhere, 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 dcems necessary, and to mark satisfied of
record, 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 refercnce to the Court term and number or place in which this
Agreement 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, rclease 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 imperfcctions
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 filc 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 hannless therefrom and
from all costs, claims. dcmands, and cxpcnses, including attorncy's fccs of Owner incurrcd or
paid by Owner with respcctto such claim or claims, licn or licns, or intention or intentions to filc
C.' I. WORK' REAl.' (iW2997A. WI'Il
- 3-