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HomeMy WebLinkAbout97-04168 \ AGREEMENT AND WAVIER OF LIENS (for Contractor) KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS. Jack Barton Construction. Inc.. a business corporation ("Contractor"), has entered into a written contract dated July 28, 1997 (as the same may be amended from time to time. the "Agreement") with Occucenters, Inc.. a business corporation ("Tenant"). occupying or about to occupy a potion of the real property at 4910 Ritter Road. Mechanicsburg. Lower Allen Township. Cumberland County. Pennsylvania. owned by Szeles Building and Leasing Company, a limited liability company ("Landlord"; Tenant and Landlord being hereinafter referred to collectively as "Owner"). as more particularly described in Exhibit" A " attached hereto ("Premises"). for the erection and construction of certain interior and other improvements for Tenant ("Improvements") to be located on the Premises; and WHEREAS. it is the intention of Owner and Contractor that (a) neither the Premises. the estate or title of Ov.ner in the Premises. the Improvements. erected or to be erected thereon. nor the curtilage or curtilages appurtenant thereto (all of the aforesaid hereinafter referTed to as the "Projeet") shall now or hereafter be subject to a lien of any kind for any debt or debts due by Tenant to Contractor or for any debt or debts due by Tenant or Contractor to any subcontractor. materialmen, laborer or other party (Contractor and all other subcontractors. materialmen, laborers and other parties are hereinafter individually and collectively referred 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 of the Improvements; and (b) the right of anyone. including all Waiving Parties. to c:1aim any such lien be wah-e 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 and in consideration of the entry by Tenant into the Agreement and for the benefit of Owner. does hereby. for Contractor and any and all of the other Waiving Parties, expressly wah-e and relinquish all risht to file a mechanics' lien. claim or notice of intention to file any lien or claim and does covenant and aarce that no mechanics' lien. claim or intention to file any lim or claim shall be filed or maintained by or in the name of Contractor or any of the other Waiving Parties apinst the Project. or any lnltfcst of~1\er therein. furor on actoUftt of II\Y work done or materiJis furnished under the AJf~(nlCflt or under any suppIemcnta1 (' H_ti,.u "m,..,. "'1'1) -2- contract, verbal or written, or contract lor extra work for or about the management, superintendence, 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, 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. erection, construction, alteration. repairs and completion of the Project. or any part thereof, or preparations 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 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 court 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 deems necessary, and to mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialmen, laborer or other party, any and all claim or claims, lien or liens. intention or intentions to file lien or claim filed by or form them or any of them. or in his. its or their name against the Project. 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 tenn and number or place in which this Agreement and Waiver shall have been filed shall be a sufficient exhibit to 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. ~ner's successors and assigns, and their certain attorney or attorneys any and all manner of error and errors. defects and imperfections whatsoever in entering such satisfaction or any wise touching or concerning the same. AND FURTHER in the event 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 indemnify and hold ~11er harmless therefrom and from all costs. claims. demands, and expenses. including attomey's fees of~'tlCf incurred or paid by Owner ~ith I6pect to such claim or claims, lien or liens. or intention or intentions to tile a lien or claim and the dispute. defense or remo\llI thereofby ~'tlCf or otherwise. This ^arcement and Wai\'tt is made and intended to be filed with the Prothonotary of the Coun of Common Pleas ofl'uJnbmand County. Pennsylvania. the county in which the Project is (' -nwllG' UAl am,."" "1'0 - 3 - situate, in accordance with the requirements of Section 402 of the Mechanics' Lien Law of 1963 (49 P.S. Section 1402). All of the foregoing waiver provisions and remedies herein contained shall be available to and for the protection of Owner and Owner's successors and assigns. IN WITNESS WHEREOF, these presents have been duly executed this 31 st day of July, 1997. ATTEST JACK BARTON CONSTRUCTION, INC. By: e: Jack Barton Itle: Secretary [SEAL] e: Jack Barton itle: President ~ C _UAlGl'm,,_ .4. . ~ ~ r-, .n } ,- n 1 .' -..j ", .... "1'1 ~. ~ r" -. -" ) , .~j 1 ~') ~ . - ~ '~ -. : tJ t ~ \ ,~, - " - .::'] l-I ..") ~ ~ .,J -. '_J,a (\ I - -' ~ -; .--'" r" --) ...... ~ ~ - ..>;~ "-~.-. -~,- .or .... A'