HomeMy WebLinkAbout99-057111
i
BWI No. 99141-007
CONTRACTOR/SUBCONTRACTOR
Standard Form 393 C/S
-0-gf-57/f M,L6,
WAIVER OF RIGHT TO FILE MECHANICS LIENS
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, on the 16th day of August, 1999 , Nineteen Hundred and
Ninety-Five, a contract was entered into and executed by and between BARCLAY
WHITE INCORPORATED, 22 Cassaft Avenue, Berwyn, PA 19312, "Contractor", and R
& R Roofing, 117 Wainutdale Road, Shippensburg, PA 17527 , hereinafter
designated as the "Subcontractor", for the construction of Roofing & Waterproofing
work and all work incidental thereto (all hereinafter referred to as the "Building
Construction Work") on the premises more particularly located at Pinnacle Outpatient
Health Center, 2025 Technology Parkway,
Mechanicsburg, PA 17055, and
WHEREAS, said premises are owned by Pinnacle Health Hospitals and
WHEREAS, by the terms of said contract, the Subcontractor agrees that no liens
would be filed by him or anyone else for any work, labor or materials supplied in the
performance of said contract or under supplemental contract, or for extra work, in
performing all the work necessary and incidental to the Building Construction Work, on
the premises or lot of ground above described, or the curtilage appurtenant thereto.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
1. The Subcontractor intending to be legally bound hereby and for and in
consideration of the sum of ONE DOLLARS ($1.00) paid to him by the Contractor, the
receipt whereof is hereby acknowledged as well as in consideration of the entry by the
Contractor into said contract, does hereby, for itself, and any and all sub-subcontractors
and parties acting for, through or under it, them or any of them, covenant and agree by
and with the Contractor that no mechanics' lien or claims shall be filed or maintained by
the said Subcontractor or any sub-subcontractors or other party acting through or under
it, them or any of them against the aforesaid building and/or the lot of ground of
curtilage appurtenant thereto, or against the interests of the Owner on account of any
work done or materials furnished by it, them or any of them either under the aforesaid
contract or under any supplement thereto otherwise, for, toward, in or about the
Building Construction Work on the lot of ground hereinbefore described, or any work or
material therefore, and the said Subcontractor for itself and his sub-subcontractors and
all persons acting for or under him, them or any of them, hereby expressly waives and
relinquishes the right to have, file or maintain any mechanics claim or liens against the
said building and/or the lot of ground hereinbefore described or curtilage appurtenant
thereto, or the interest of the Owner.
Waiver of Right to File Mechanics Lien
2. This Agreement waiving the right of lien shall be an independent covenant and
shall operate and be effective as well with respect to work and labor done and materials
furnished under any supplemental contract or contracts for extra work in the Building
Construction Work on the lot of ground hereinbefore described, although not therein
referred to as work and labor done and materials furnished under the aforesaid
contract.
3. In order to give Owner full power and authority to protect the said real estate,
buildings and improvements, or any of them against any and all mechanics' liens or
claims filed by Subcontractor or any one acting for, through or under Subcontractor, or
in violation of this Agreement, Subcontractor, for itself and all such aforesaid
sub-subcontractors, materialmen and parties acting for, through and under
Subcontractor, hereby irrevocably authorizes and empowers any attorney of any Court
of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any other
court of jurisdiction there or elsewhere, to appear for Subcontractor in any of said courts
of jurisdiction for Subcontractor, them or any of them, and mark satisfied or record, at
the cost and expense of Subcontractor, or any such subcontractor, materialmen or
party and all claim or claims, lien or liens, filed by or for the Subcontractor, them or any
of them, or in its of their name against the said real estate buildings and improvements,
or any part thereof, and for such act or acts this shall be a good and sufficient exhibit of
the Authority herein contained to warrant such lease and quit-claim unto Owner and
each of their certain attorney or attorneys any and all manner of error and errors,
defects and imperfections whatsoever in enterin satisfaction or anyone touching
or concerning the same. Ed This Agreement and Waiver is rrWe in be filed with the
Prothonotary of the Court of Common Plea3 of tjte County or proper place in
which the above described lands are IocatedN ` T k ry
m
4. The Subcontractor hereby declares and warrants t nQ ork of atsoever
kind or nature has as yet been done and that no materials or supplls who a ave?c
as yet been furnished by any one under, for, toward or in connection with t ?xesytioiti'5''
of performance of the aforesaid Building Construction Work contract or oth ivlse s i
IN WITNESS WHEREOF, the said Subcontractor has signed these
fliliv intends that this Contract and Waiver to be sealed instruments this _
1999.
ATTEST:
(SEAL)
day
Page 2