The URL can be used to link to this page

Home My WebLink About97-04713 '11I\1.. ',. ,. HAMPDBN INDUSTRIAL DBVBLOPMENT, AUTHORITY and HARRISBURG AREA '/MCA , IN THB COURT OF COMMON PLBAS OF CUMBERIJ\ND COUNTY, PBNNSYLVANIA Owner NO., 'I) {.. 'lll,~ 1'1 I VUw, v. LANDIS "STABFA, INC., Contractor WAIVBR OF LIENS CONTRACTOR'S WAIYER OF LIENS '" ~ THIS AGREEMENT made this .lti..- day of , 1997, betwsen Harrisburg Area YMCA, a Pennsylvania not-for-profl corporation, and Hampden Industrial Development Authority, an instrumentality of the Commonwealth of Pennsylvania, with its offices on Sporting Hill Road, Mechanicsburg, Pennsylvania ("Owner") and Landis" Staefa, Inc" 5060 C Ritter Road, Suite 8, Mechanicsburg, Pennsylvania (IIContractorll). WHEREAS, by a duly executed written agreement dated ~~ IOJ, 1'197 (the "Contract"), Owner and Contractor have contracted for the ligiiP1ng retrof it and HVAC improvements (energy saving measures) and all matters pertaining thereto, all in accordance with the Contract (the" Improvements") on the Property situate in Silver Spring Township, Cumberland County, penneylvania (the "Property"), said Property being more particularly described in Exhibit "A" attached hereto snd by this reference incorporated herein; snd WHEREAS, no suthorizstion hss yet beerl given by Owner to Contractor to commence its work or purchase materials for sarne; and WHEREAS, no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvaments by Contractor or any sub-contractor or materialman. NOW, THEREFORE, the Contractor, for itself, its successors and aseigns 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 hereby, does hereby agree as follows: 1. Walver of Lien, Contractor hereby waives and relinquiBhes 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 estata or title of Owner in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or by or in the name of any subcontractor, materialmen or laborere 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 subcontra(~tors, 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 work supplemental thereto, or otherwise, 2, Indeoendent Cove'lJilll;.. This Agreement waiving the right of lien shall be an independent covensnt 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 materlals furnished undar the Contract, 3. Power of Attornev, 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, agalnst any and all liens filed by Contractor or anyone acting under or through It in nolation of the foregoing covenant, Contractor hereby irrevocably authorlzes 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 satlsfled of rBcord at the cost and expense of Contractor or of any subcontractor or matenalman, any and all hen or liells. filed in violation of the foregolng covenant, or (il) cause to be filed and served in connoction 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 thia instrument I and for such act or acts this instrument shall be good and sufficient warrant 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 hersin to warrant such action, and Contractor. for itself and for them. hereby remises, releases and quit-claims all rights and all manner of errorB. defectB and im~erfectione whetsoever in entering Buch satisfaction or in filing such pleading. instrument or amsndment, or in any way concerning them. In the event anyone acting through or under contractor shall so file a lien in violation of the foregoing covenant, owner may not exercise ite rights under thiB Paragraph 3 unless such lien has not been stricken cr discharged (by payment. posting of e 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 hereof, 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. OWNER: HAMPDEN INDUSTRIAL DEVELOPMENT AUTHORITY By: ~~~~~. ~G AREAu:QO " 0 (..u...) resident By: C0 ("/ /' (ABBt,) secreta~~ (SIAL) By: ~~ {!Iu~l IABet Se retary (SEAL)