Loading...
HomeMy WebLinkAbout01-03508 '" ';",~, ,< " O/-JS'or fh/-J) y~ WAIVER OF LIENS [COMMONWEALTH OF PENNSYLVANIA] WHEREAS, the undersigned Owner,!fn,. ~ <<-4 !',e/f'q..Jk,~has entered into a certain construction agreement described on Exhibit 'A" hereto (the " ontract") with the wldersigned Contractor, /J;n Ilt4 ~ t.&,h>nbM . (~e ."Contractor"), to pro~de materials and perform labor necessary for the construction of certain Improvements as descnbed 011 Exhibit "A" hereto on the property identified on Exhibit "A" hereto and which is further described on Exhibit "B" hereto (the "Property"); and WHEREAS, as a condition of the Contract, Contractor has agreed to execute a waiver of mechanics' liens. NOW, THEREFORE, Contractor, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, agrees with Owner and all subsequent owners of the Property, as follows: Contractor, for itself and any laborers, workers, subcontractor(s) and anyone else acting through or under it, represents, warrants, covenants and agrees that no mechanics', materialmens' or other liens, encumbrances or claims shall be or have been filed or maintained by it, them or any of them, against the improvements which are the subject of this waiver or the Property, for or on account of any work to be done or materials furnished under the Contract and/or by or through Contractor. Contractor, for itself and any laborers, workers, subcontractor(s) and anyone else acting or claiming through or under it, hereby irrevocably and forever waives and relinquishes any and all rights to file a mechanics', materialmens' or other lien, encumbrance or claim or notice of intention to file any of the foregoing. This waiver is and shall be construed as a separate and independent covenant and shall be operative and effective with respect to any and all work or labor done and materials subsequently fumished under any supplemental contract or contracts for extra, different or subsequent work and/or materials, although the covenant might not be referred to therein, as well as to work and labor to be done or materials to be furnished under the Contract. In order to give Owner full power and authority to protect itself and the Property and the work against any and all liens or claims filed by Contractor or any laborers, workers, subcontractor(s) and anyone else acting under or through it or them in violation of this waiver, Contractor, for itself and for any and al11aborers, workers, subcontractor(s) and anyone else acting under or through it, as well as their respective heirs, personal representatives, successors and assigns, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it, them or any of them, in any such Court and, in its name or their names mark satisfied of record, at the sole cost and expense of Contractor and of any others filing such lien or claim through LNI 20629vl 04/21/00 ,.,.- "~,-~~ -""'~, ,"- - , . .~~ =- -~~~"-""- " ,< Contractor, any and all claim or claims, lien or liens filed in violation of this waiver or caused to be filed in connection with such claim or claims, lien or liens (in the name of Contractor or any laborer, worker, subcontractor or anyone else acting under or through it), any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein as part of the record this waiver and for such act or acts this waiver shall be good and sufficient warrant and authority, and Contractor for itself, and for them, does hereby forever remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment or in any way concerning them. Owner shall have the absolute right in its name or in the name of Contractor, or any subcontractor, or any other person who shall have filed a claim or lien, to cause any and all such claims or liens to be discharged by any other instrument, pleading or proceeding permitted by equity. Contractor, any subcontractor and any other person who shall have filed any such claim or lien shall indemnify, defend and hold Owner free and harmless against the claim or lien, and against all direct, indirect and consequential damages, claims, costs, expenses and other losses resulting in any way from the filing of any claim or lien, and shall payor cause to be paid to Owner the amount of its loss, with interest and all expenses incident to their having discharged or attempting to have discharged the claim or lien, including attorneys' fees, costs and other disbursements. Contractor hereby represents and warrants that no work of any kind or nature has yet been done on the Property, under the Contract or otherwise, and no materials whatsoever have as yet been furnished to the Property by anyone under, toward or in connection with the execution or performance of the Contract and that no such work shall be done and no such materials shall be furnished until receipt of notice from Owner authorizing the same. , Contractor, intending to be legally bound hereby, has executed this Waiver of Liens this 3L d'yof ""';. ?M. ~ OWN', ~ ~ NatIJ.4s)' ,,' ~~-Ktv\ Address: 5Ft- lNes+ (.)i'0p C;i- , E?h6/tl, P.+ (7.6.;.;:)" Attest: [Corporate Seal] CO~ 1.", I/~ By: /!'~ Name: tJ/1V/tJ 7hOM~SO"v Title: !?/#6n ' Address: ItO?( 3R /L;;t/,{STo.ev/U /7t>?Z. ! Lt tf f7dcl 5' ~ /)y.., ~ltrle, f-?41700 1f7 -6 t'f/ - 0'2. q S- LN I 20629v 1 04/21/00 ,'-;i~ ,< ~,,"l", ~- . , ~," First American Title Insurance Company Commitment 1';0.10592 SCHEDULE C ALL T~AT CERTAIN lot or tract of land situate in East Pennsboro To~~ship, Cumbe~land County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern dedicated right-of-way line of Sandy Court CuI-dc-sac at the dividing line of Lot #17 and Lot ~16, said point also being located 220.02 feet north of the northern ~xtremity of an arc connecting the eastern dedicated right-of-way line of Sandy Court and the northern dedicated right>of-way line of Veronica Lane: T'rlENC~ by the northern right-of-way line of Sandy Court Cul-de-sac by a curve to the left having a radius of 60.00 feet and an arc length of 52.94 feet, said curve also having a chord bearing and distance of South 74 degrees 58 minutes 39 seconds West 51,24 feet to a point at the dividing line of Lot #15 and Lot #16; Thence by line of Lot #15 North 40 degrees 18 minutes 00 seconds East 120.14 feet to a point; Thence by same South 68 degrees 10 minutes 27 seconds West 58,18 feet to a point; Thence by line of Lot #14 North 19 degrees 27 minutes 20 seconds West 168.35 feet to a point; Thence by line of land now or formerly of Robert M. Gates North 70 degrees 32 minutes 40 seconds East 198.30 feet to a point; Thence by line of land now or formerly of Thomas J. Gates and Bernard A. Lovendusky South 36 degrees 17 minutes 47 seconds East 165.24 feet to a point at the dividing line of Lot #17 and Lot #16; Thence by line of Lot #17 South 68 degrees 10 minutes 27 seconds West 24.02 feet to a point; Thence by same South 10 degrees 15 minutes 18 seconds West 141.65 feet to a point on the norchern right-of-way lne of Sandy Court Cul-de-sac, the place of beginning. CONTAINING 48.480 square feet. BEING Lot #16 on the final subdivision plan for Westwood Rills, Phase IIA, recorded in Plan Book 83. Page 32. BEING SUBJECT to a 30 root wide Sanitary Sewer Easement and various Drainage Easements and Wetlands as shown on the above mentioned subdivision plan. BEING part of the same premises which DeLuxe Development Corp. a domestic corporation, by its Deed dated June 17, 1998 and recorded July 6, 1998 in the Office of the Recorder of Deeds in and far Cumberland County, Pennsylvania, in Deed Book 180, page 936, granted and conveyed unto Westwood Hills Associates , LLC, a Pennsylvania limited liability company grantor herein. PA-3 ':,~ .-< ~ " '. ~ -.~ ~---~-""~~ - ~ (:J '1Q (" 0' If:. 0 ....... ?3 0 --.. ~ - ,.J:' d...J "" I' ....... ~ r p 1 I , r-.... I I b I I f i , I i -C , , I f i ! ~ 8 , ~ j , ~ , ~ I , i i~ , ~ :; " "I '1 'I ;1 ii 8 0 '"0 fiE '- !pm ~{; I ;::$",;: ....} ~~ ~. oS 8 -". ~ -. r '-., ?: .:e 5:i? l.O " c- ,~~!~ .~~2 ()~ ~?"o om 5>! ::J:J -<; -:r,_. "' ~", .-,-,~_",_~,e,.,.,JFI~'i -- 1, "'1,c.",.~ '""" "J, ,;,,)~~J:J ~-i'i""''''-'''''n~''''~,~-''''''-'''' ' ,"}"l_,,'W1!<Wl\1I!1'i1ilil~,~~~_~,,' '"~'*'~~~"