HomeMy WebLinkAbout03-5142WAIVER OF MECHANIC'S LIENS
CONTR3~CTOR: Gateway Construction, Inc.
5 Radam Street
P.O. Box 247
Summerdale, PA 17093
OWNER:
Lemoyne Square Plaza Properties
One Lemoyne Square
Lemolrne, PA 17043
AGENT FOR THE
OWNER: Property Management, Inc,
140 Market Street
Lemoyne, PA 17043
PROJECT:
PREMISES:
Roof & Dryvit Work
One Lemoyne Square
Lemoyne, PA 17043
WHEREAS, on 8/1/03, A~3ont for the Owner and Contractor entered
into an agreement for the above-referenced Project, which is located
on the parcel of property set fourth on Exhibit hA" attached hereto
(the ~Premises"); and
WHEREAS, in consideration for the contract, Agent for the Owner
has required Contractor to waive any claim which it has or may
acquire, on behalf of itself, its subcontractors, and suppliers, with
regard to the Project.
1)
NOW THEREFORE, Contractor agrees as follows:
Neither Contractor nor any of its subcontractors or suppliers
shall file any Mechanic's Lien against the Project or against the
Premises on account of the performance of any labor or the
furnishing of any materials with regard to the Project.
2)
Contractor shall inform all subcontractors and material suppliers
with regard to the Project that Contractor has waived any rights
which they may have to file a lien against the Project or the
Premises.
3)
This agreement is an independent covenant, and shall operate and
be effective regardless of Owner's performance under the
contract. Furthermore, this Agreement shall extend to and be
effective with regard to any supplemental contract for extra work
to be performed relative to the Project.
4)
In order to fully protect the Owner and the Premises against any
Mechanic's Lien claim which may be filed by Contractor or its
subcontractor or supplier in violation of the covenants contained
herein, Contractor, for itself, its subcontractor, and suppliers,
hereby irrevocably authorize and empowers any attorney of any
court of record in and for the Commonwealth of Pennsylvania to
appear for it, them, and any of them in any of the Courts of
Common Pleas of the Commonwealth of Pennsylvania as Attorney for
it, them or any of them and, in the name of any claimant who
files a lien against the Project or the Premises, mark
"Satisfied" any such lien at the cost and expense of the
Contractor and of any such Mechanic's Lien claimant. For such
action, this instrument or a true and correct copy hereof shall
be sufficient warrant. This warrant of attorney shall not be
exhausted by any single exercise, but may be re-exercised from
time-to-time at any time that a Mechanic's Lien has been filed
against the Project or the Premises, By furnishing labor or
materials with respect to the Project, each subcontractor and
material suppler of Contractor is expressly agreeing to the terms
of this instrument an authorizing the exercise of this warrant of
attorney against it.
Any legal fees, court costs, or other expenses incurred by Owner
with regard to a Mechanic's Lien filed by Contractor or any of
its subcontractors or suppliers, shall be payable by Contractor
to Owner upon demand.
IN WITNESS WHEREOF, Contractor, intending to be legally bound
hereby, has caused this instrument to be duly signed this 1st day
of August, 2003.
-A<3cnt Pot
The Owner:
Contractor:
Title:
GatewayS. Inc.
By: ~
Perry L. Smith, President
\\SBSERVER\dot\Word\Waivers\Lemo}~ne sq. roof.doc
3,¢' ! S
='- 2 ~ c~ Agr~emerfc of Sa~ and PurChase' ~Esd' M~h' 16,?.1~82, ~f~
' _ .. ~/~ Pen~ylva~a Supply Comp~ (Pe~sylva~a..Supply Company, .
~o ' ~ ~d ~. the Dep~m~bf,~s~kte"6f~th4"Co~onw'eal~h~df ...~