HomeMy WebLinkAbout01-5831CONTRACTOR:
OWNER:
PROJECT:
PREMISES:
WAIVER OF MECHANICDS LIENS
Gateway Construction, Inc.
5 Raydom Street
P.O. Box 247
Summerdale, PA 17093
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02117
Liberty Mutual Insurance Company
Tenant Fit-out
5021 Louise Drive
Upper Allen Township
Mechanicsburg, PA 17055
WHEREAS, on September 11,2001, Owner and Contractor entered into an
agreement for the above-referenced Project, which is located on the parcel of property
set fourth on Exhibit "A" attached hereto (the "Premises"); and
WHEREAS, in consideration for the contract, Owner has required Contractor to
waive mxy claim which it has or may acquire, on behalf of itself, its subcontractors, and
suppliers, with regard to the Project.
NOW THEREFORE, Contractor agrees as follows:
1)
Neither Contractor nor any of its subcontractors or suppliers shall file any
Mechanic's Lien against the Project or against the Premises on account of the
performance of any labor or the furnishing of any materials with regard to the
Project.
2)
Contractor shall immediately inform all subcontractors and material suppliers
with regard to the Project that Contractor has waived any rights which they may
have to file a lien against the Project or the Premises.
3)
This Waiver is an independent covenant, and shall operate and be effective
regardless of Owner's performance under the agreement between Owner and
Contractor. Furthermore, this Waiver shall extend to and be effective with
regard to any supplemental contract for extra work to be performed relative to
the Project.
4)
In order to fully protect the Owner and the Premises against any Mechanic's
Lien claim which may be filed by Contractor or its subcontractors or suppliers in
violation of the covenants contained herein, Contractor, for itself, its
subcontractors, and supphers, hereby irrevocably authorizes and empowers any
attorney of any court of record in and for the Commonwealth of Pennsylvania to
appear for it, them, and any of them in any of the Courts of Common Pleas of
the Commonwealth of Pennsylvania as attorney for it, them or any of them and,
in the name of any claimant who fries a lien against the Project or the Premises.
mark, Satisfied, any such lien at the cost and expense of the Contractor and of
any such Mechanic's Lien claimant. For such action, this instrument or a true
and correct copy hereof shall be sufficient warrant. This warrant of attorney
shall not be exhausted by any single exercise, but may be re-exercised from
time-to-time at any time that a Mechanic's Lien has been flied against the
Project or the Premises. By furnishing labor or materials with respect to the
Project, each subcontractor and material supplier of Contractor is expressly
agreeing to the terms of this instrument and authorizing the exercise of this
warrant of attorney against it.
5)
Any legal fees, court costs, or other expenses incurred by Owner with regard to a
Mechanic's Lien fried by Contractor or any of its subcontractors or suppliers,
shall be payable by Contractor to Owner upon demand.
IN WITNESS WHEREOF, Contractor, intending to be legally bound hereby, has caused
this instrument to be duly signed this 11th day of September, 2001
Owner: Liberty M~d~sv~Comp any
Sidled: ~/'/~/~ )/~~/ \~l~')
By: Mike Kearns, Design Project Manager
Contractor:
Gateway Construction, Inc.
By: Mark A. Simpson, Vice President
Exhibit A
~ cr~ o[ the. prcse~t~, thc rcvript ~h~rco[ it hercbg acl;nowlc~cd, ha s
h,trg~incd, toed, alicncd, c ¥ coffcd, rclcaztd, conueEcd w~d confirmed, and b~ the~c
kook 2~6, p~ge 447,