HomeMy WebLinkAbout03-3719SAV, LTD,
Owner
R.S. MOWERY & SONS, INC.,
Contractor
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: WAIVER OF LIENS
CONTRACTOR'S WAIVER OF LIENS
THIS AGREEMENT made this 1~' day of August, 2003, between SAV, Ltd. ("Owner")
and R.S. MOWERY & SONS, INC. (Contractor").
WHEREAS, by a duly executed written agreement dated this 23rd day of July, 2003
(the "Contract"), Owner and Contractor have contracted for the construction of a car wash
addition, and all matters pertaining thereto in accordance with the Contract (the
"Improvements") on the Property situate in 4434 Carlisle Pike, Hampden Township (Camp
Hill), Cumberland County, Pennsylvania having located thereon a Porsche automobile
dealership (the "Property"); and
WHEREAS, no authorization has yet been given by Owner to Contractor to
commence its work or purchase materials for same; and
WHEREAS, no work has commenced on the Property and no labor or materials have
been delivered to the Property or furnished for the Improvements by Contractor or any sub
contractor or materialman.
NOW, THEREFORE, the Contractor, for itself, its successors and assigns and anyone
else acting or claiming through or under it, for and in consideration of the Contract and the
considerations mentioned therein, and intending to be legally bound hereby, does hereby
agree as follows:
1. Waiver of Lien. Contractor hereby waives and relinquishes all rights 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 curtilage or curtilages appurtenant thereto, by or in the name of
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Contractor or by or in the name of any subcontractor, materialmen 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 work shall look
to and hold Contractor personally liable for all subcontracts, 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 Covenant. 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 completion of the said Improvements and as to any work and labor done
and materials furnished under the Contract.
3. Power of Attorney. In order to give owner full power and authority to protect
itself, the property, the estate or title of owner therein, and the appurtenances thereto, against
any and all liens filed by Contractor or anyone acting under or through it in violation of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of
any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as attorney
for it, them or any of them, in any such Court, and in its or their name or names, to the extent
permitted by law, mark satisfied of record at the cost and expense of Contractor or of any
subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing
covenant, or (ii) cause to be filed and served in connection with such lien or liens any
pleading or instrument, or any amendment to any pleading or instrument previously filed by
it or them, and to incorporate therein, as part of the record, the waiver contained in this
instrument; and for such act or acts this instrument shall be good and sufficient warrant and
authority. A reference to the court, term and number in which and where this agreement
shall have been filed shall be conclusive evidence of the authority herein to warrant such
action, and Contractor, for itself and for them, hereby remises, releases and quit-claims 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. In the event anyone acting through or under contractor shall so file a lien in violation
of the foregoing covenant, owner may not exercise its rights under this Paragraph 3 unless
such lien has not been stricken or discharged (by payment, posting of a bond or other means)
for a period of ten days after notice of such lien shall have been received by Contractor.
4. Public Notice. This Agreement shall be filed in the Cumberland County
Prothonotary's Office as public notice hereof.
IN WITNESS WHEREOF, the Contractor, intending to be legally bound hereby, has
caused this Contractor's Waiver of Liens to be executed the day and year first above written.
ATTEST/WITN ESS:
CONTRACTOR:
R.S./~WERY & SONS, INC.
Donald H. Mowery, ~E
Title: President