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HomeMy WebLinkAbout01-05786 ill THE SHIPPENSBURG UNIVERSITY FOUNDATION, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Owner v. ; NO.: o/-67ri.P MLj) CRABTREE, ROHRBAUGH & ASSOCIATES, INC" Architect : WAIVER OF LIENS ARCHITECT'S WAIVER OF LIENS Tms AGREEMENT made this ~ day of Oa..i:cbe.,-. ,2001, between The Shippensburg University Foundation, with its offices in Shippensburg, Pennsylvania 17257 ("Owner") and Crabtree, Rohrbaugh & Associates, Inc" a Pennsylvania corporation, with its offices at 20 North Market Street, Harrisburg, Pennsylvania l710l ("Architect"). WHEREAS, by a duly executed written Agreement dated Mod , /~ .;?o" I (the "Agreement"), Owner and Architect have contracted for the design of a new 17,58 sq, ft, multi- story facility to house corporate offices of Shippensburg University Foundation and also provide additional rental space of approximately 2,938 sq. ft, as defmed in the Agreement (the "Work"), all in accordance with the Agreement on a acre tract or parcel of land in Shippensburg Township, Cumberland County, Pennsylvania, IBQN llamee.llldy IkseHeell ifl. gxillBit "}." atta"lJetI Ii6rete aHd By t1,i, refen:n<A: lllt..Ulporated hereiR-(tiI.e '~It)'''); :t.Je. #-J' ~ WHEREAS, no authorization has yet been given by Owner to Architect to commence the Work; and WHEREAS, no Work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Work by Architect. NOW, THEREFORE, the Architect, for itself, its successors and assigns and anyone else acting or claiming through or under it, for and in consideration of the Agreement and the considerations mentioned therein, and intending to be legally bound hereby. does hereby agree as follows: 1. Waiver of Lien. Architect hereby waives and relinquishes all rights to file an architect's lien, claim or notice of intention to fIle any lien or claim and does hereby covenant, 398340.1 ':;'''''''i'~"_ ,,~> . 0<1 , ',- - . - ~ ': . . 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 estate 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 Architect or by or in the name of any subcontractor, materialmen or laborers for work dOM or materials furnished undet the contract or by any other party acting through or under them or any of them for and about the Property or any part thereof, or on credit thereof. 2. Inde.pendent Covenant. This Agreement waiving the righl: of lien shall be an independent covenant and shall operate and be effective as, well with respect to work done and materials ti:Irni$bed under any supplemental contract for extra work as to any work and labor done and materials furnished under the Agreement. 3. Public Not~. This Waiver of LiellS shall be filed in the Cumberland County ProthonotarY's Office as public notice hereof. IN WITNESS WHEREOF, the said panies, intending to be legally bound hereby, have caused this Architect's Waiver of Liens to be executed the day and year first above written. ATrEST: OWNER: THE SIDPPENSBURG FOUNDA y ~~ (SEAL) ATrEST: ARCInTECT: CRABTREE, ROHRBAUGH & ASSOCIATES, INC, ~~~ B~u.OO- President (SEAL) ^d"f'~'rnI'." ~ "'" .' - ~.'r- ~. ~..-" '~"'''~I\\'-'"", ,,-" ^--.. ., "" ~I ~--. <--, ,~ < Exhibit "A" (to be attached later) i!! .~ ~~l!I"il1nl!! 'w."~_ lJ"il,J.~~r~ lJ, .. . """"", ~-'~ ,- ,-,,",, .,.. .,., ". 1'",~,,"~",>'~k', '-r"":'JJi~Ti"Yli:(':!\11~'-: ~'t~ 't':'_(_7_;"':'~<~".' '''"'~T'~J'1(~~i'':;'~t'WQ~;''~-'I~ . Ph. ~~ , - 8 -l LN ~ - ~ ~ J ~ ~- a -~ r ~ l. ~~~ll!Wi~~1'jii!~l1!l~(!j!:'~\?,2':;'~""':ij<.i'\!'i""i"-~""_r;;f'<~"'-;" """F "f,"j"'~~~?m~WIIW!!R!'~~~,";",,,,,,,;J_"1 ~~ ....~ r'" rj"'ti' ~/~ r-:: ,~ "::', - ~"> ." ""1 u. ,(,. '.,.' .- {'.:". ._J