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Home My WebLink About99-03410r W-,3-<11o 07kb WAIVER OF LIENS THIS AGREEMENT, made and concluded this 4°i day of June, 1999, between 1-81 CARLISLE FUEL STOP, INC. of 1550 Harrisburg Pike, 1-81 Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Owner"), and A. P. WILLIAMS, INC. OF 3035 North Progress Avenue, Harrisburg, PA 17110 (hereinafter "Contractor"). THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement beating even date herewith (the "Contract") Owner and Contractor have contracted for the construction of a mini-market convenience store and fuel service facility (the "Improvements") said Improvements to be constructed on real estate located at 1550 Harrisburg Pike, Middlesex Township, Carlisle, Cumberland County, PA, as more fully described in Exhibit "A" attached (the "Property"). B. By the temts of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's lien or claims would be filed or maintained in the Property or any pan thereof, or the curtilage or curtilages appurtenant thereto, either by himself or anyone else for or performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction, alteration, renovation or completion of the Improvements on the Property or any of the curtilages appurtenant thereto. 139142 NOW THIS AGREEMENT WITNESSETH: 1. Waiver of Hens. The Contractor, for himself and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby covenant, 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 improvements or the estate or title of Owner in the Property or the cutilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialnnen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the Property or in connection with the Improvements shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. Independent Covenants. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and 1) 139142 i completion of the Improvements as to any work and labor done and materials furnished at the Property or under the Contract. 3. Warrant of Attorney.ln order to give the Owner full power and authority to protect itself and the Property and all of the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or violation of the foregoing covenant, the said Contractor for himself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for him, her, them, it or any of them, in any of the said Courts of Common Pleas as Attorney for him, her, them, or it and in his, her, their, or its name mark satisfied of record at the cost and expense of the Contractor or orally subcontractor or materialmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any subcontractor or materiaiman, or in his, her, its or their name against said improvements, Property, building or buildings, lot or lots 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, Teri and Number in which and where this Agreement 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 same. This warrant shall not be exhausted or released by any single exercise hereof but shall remain in full force and effect. 4. interpretation. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, fines or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purp6ses of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. 3 13914; 5. Filing of Stipulation. This stipulation is made and intended to be filed with the Cumberland County Prothonotary within ten days after date, in accordance with the requirements of The Mechanics Lien Law of 1963, Act of August 24, 1963 P.C. 1175, No. 497, 49 P.S. 1101 et seq., in such case provided, as it is presently in effect or as it may be amended. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. OWNER: I-81 CARLISLE FUEL STOP, INC. By: y: Title: eS. CONTRACTOR: A. P CO., INC. Title: V P COit 4 139142 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF C"Otd:? ^744 Nv On this, the 4'I' day of June, 1999, before me, the undersigned officer, a notary public in and for said county and state, personally appeared /6ts? igl S. 6i?'iris/ , known to me or satisfactorily proven to be the person whose name is subscribed on the within instrument who acknowledged himself to be a duly authorized officer of I-81 CARLISLE FUEL STOP, INC. and that he as such officer being duly authorized to do so, executed the foregoing document for the purposes contained therein by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ?y?.tG2?a.-Grp Notary Public NolarlaIS eal Marlin R. Mccaleb, Notary PPanty COMMONWEALTH OF PENNSYLVANIA Mechanicsbur?Bor0. 1 Dec 1a 2002 My Commission Exp SS. COUNTY OF r??«?i? ?L ?N? Member. PennsyNaMa ASSalebon of Nola es On this, the e day of June , 1999, before me, the undersigned officer, a notary public in and for said county and state, personally appeared AAd"uj S. CUiI/cars known to me or satisfactorily proven to be the person whose name is subscribed on the within instrument who acknowledged himself to be a duly authorized officer of A,A.71?1t4n+AIf; IA),-. , and that he as such officer being duly authorized to do so, executed the foregoing do ment for the purposes contained therein by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public Notarial Seal Marlin R. McCaleb, Note rryy Public Mechanicsburg Born, CumbeAand County My Commission Expires Dec. 14, 2002 Member, Pennsylvania Association of Notaries 138142 ? r u C CJ??.:: ii. cL .l .J V ir J ?('i_1 ' r li ?J ? ? n 1 `f ?i Lf. O Ol 6? j U