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HomeMy WebLinkAbout98-00036 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO.L1EN AGREEMENT NO/I.I .jl, /)'1/ 0 ..,-;.-- CONTRACTOR: RE Grant Co., Inc. 342 Walton 51. Lemoyne, PA 17043 AND Of,I)^,e/L L.B. Smith Land & Improvement Company 2001 State Road Camp Hili, PA 17001 Waiver of Lien Aareement WHEREAS, the parties RE Grant Co.. Inc. and L.B. Smith Land & Improvement Company_hereto did on the 1st day of July, 1997 ,enter into an agreem'3nt (hereinafter the .Contract"), therein and whereby said Contractor undertook and agreed to furnish all materials, labor and equipment, etc., to complete the work of Constructing the Tenant Fit Out more particularly described as follows: Work to be in accordance with the Standard Form of Agreement between Owner and Contractor dated July 1, 1997 Said parcel of ground is located 12th & Market Streets, Lemovne. Pennsvlvania. NOW, THEREFORE, the Contractor for itself and any and all subcontractors, material men and parties acting for, through or under the Contractor or for, through or under any of them, does covenant and agree that it will not at any time suffer or permit any mechanics' lien or any other lien, attachment or other encumbrance, under any laws, regulations, or orders, Federal, State or local, or otherwise by any person or persons whomsoever, to be put or remain on the building or premises, into or upon which any work is done or labor or materials are furnished under this Contract, for such work, labor or material, or by reason of any other claim or demand against the Contractor, and the Contractor has not obtained absolute title; and the Contractor agrees, further, that any mechanics' lien, material men's lien or any other lien, attachment or other encumbrance or claim of a third party, however arising (whether through the Contractor's, Tenant's, or Owner's or any other persons action or inaction, and whether valid or invalid), until It is removed shall preclude any and all claim or demand for any payment whatsoever under or by virtue of the Contract, and in the event that same Is not removed, the Tenant and Owner at its discretion may remove same at the expense (including legal fees) of the Contractor, and without regard to the validity or invalidity thereof. The Contractor expressly agrees further, that no lien shall attach to the real estate, building, structures, or any other improvement to the Owner either on behalf of the Contractor herein or on behalf of any subcontractor, mechanic, journeyman, laborer, . ( I' , , , ,I I i , , material men or person performing Improvement of premises of said Owner, or on behalf of said Tenant or on behalf of any other person. Neither the Contractor or any other person supplying 'lny materials, equipment, machinery or other property, or performing work or labor In or upon the building or the work, Included In this Contract shall have the right to file a mechanics' lien against the building or premises, , ,\ Contractor warrants and represents that at the time of execution hereof no work of any kind has been done and no materials of any kind have been furnished, delivered or ordered In connection with the performance of the Contract of any supplemental contract for extra work. i I tINt'" 1.11 ~/",j This stipulation and waiver Is made and Intended to be flied with the BI.~,!I.in Co~~ty Prothonotary within ten (10) days of the dated hereof, In accordance with the requirements of Act of Assembly of Pennsylvania, Section 402 of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania (49 P.S. Sec. 4702). In WITNESS WHEREOF, we have hereunto set our hands and seals, intending thereby to become legally bound this 1't day of August 1997 PROPERTY OWNER: L.B. Smith Land & Improvement Inc. ~ - CONTRACTOR: j ATTEST: ~ -.it. . . \ I' ;:: II- J ~ ~ ~ '" l"" <r' - ~ ~ ,l, ~ ,:.oM ?i . "'- I:) ::. 5.... uJ_o oE) O~2 -.- u/ If:r; 0:: .j' ~O ~1> g: IJ') .,..i3 I ::IZ cELu .~ c-....:; F ..~(. LUliJ -, t)~a. u.. co ...~ 0 :::> en U . , ..