HomeMy WebLinkAbout00-06806
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WAIVER OF LIENS
WHEREAS, High Construction, Inc. (Contractor) has entered into a contract dated 08/15/00
with High Hotels, Ltd. (Owner) for the construction of a building addition to the existing Homewood
Suites Hotel and other improvements upon Lancaster Development Company Lot B-4 (described in Plan
Book 55, Page 122), located at 5001 Ritter Road, Lower Allen Township, Cumberland County,
Pennsylvania and
WHEREAS, it is the intention of Owner and contractor that neither said lot of ground nor the
improvements erected or to be erected thereon shall be subject to a lien for debts due by Owner or
Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or
construction, and that the right of anyone to claim any such lien be waived hereby.
NOW TillS AGREEMENT WITNESSETH: That Contractor, for an in consideration of the
contract aforesaid and the considerations mentioned thereunder, as well as the further considerati. J~
One Dollar ($1.00) to it in hand paid by the Owner at or before the scaling and lelivery of the ~ ats,
the receipt of which is hereby acknowledged, and intending to be legally bou'd hereby, dOf .rF
covenant, promise and agree, for Contractor and any and all subcontractors. ,natFrialmer, Jor J and
parties acting for, through or under Contractor, that no mechanics' lien or claim against the property or
other lien shall be filed or maintained against the building, improvements, lot of ground or any part
thereof, or the curtilings or curtilages appurtenant thereto, by anyone, and that all subcontractors,
materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts,
materials furnished and work and labor done.
AND this agreement, waiving the right of lien by anyone, shall be an independent covenant and
shall operate and be effective with respect to work done and materials furnished under any supplemental
contract for fXtra work in the erection, construction and completion of the building as well as to any
work and lab'br done and materials furnished under the contract aforesaid.
AND, in order to give the Owner full power and authority to protect Owner and the building,
improvements and lot of ground against any and all claims filed by Contractor or anyone acting under or
through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and
empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear
for Contractor in any of the said Courts of Common Please as Attorney for Contractor and in
Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or any
subcontractor or materialman, any and all claims, against the property, liens or lien, filed by or for the
Contractor, or any subcontractor or materialman, or in the name of anyone or more of them against the
building, improvements, lot of ground or any part thereof, and, for such act or acts, this shall be good and
sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this
instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant
such action, and the Contractor does hereby remise, release and quit claim all rights and all manner of
errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or
concerning the name.
IN WITNESS WHEREOF, Contractor has executed this instrnment this 2nd day of
October 2000. ~ L. ~
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