HomeMy WebLinkAbout07-613807 - ~ ~ 38 ML,D
'~" WAIVER OF LIENS
WAIVER OF LIENS
Three copies of a Waiver of Mechanics' Lien are attached. They are to be signed before
a Notary Public and taken to the Cumberland County Courthouse County Clerk's Office
to be filed before the start of the work. 1 Courthouse Square, Carlisle, PA 17013, 717-
240-6250. NOTE: ORIGINAL SIGNATURES MUST APPEAR ON ALL THREE
COPIES. THE COUNTRY CLERK'S OFFICE WILL NOT ACCEPT WAIVERS
WITH PHOTOCOPIED /FAXED SIGNATURES. Filing the Waiver at eh
Courthouse County Clerk's Office is the Contractor's responsibility under the terms of
the contract.
The County Clerk's Office will stamp all copies and retain one copy for their records.
One of the remaining copies is to be retained by the Contractor with the final copy to be
submitted to the Mall Management Office.
1. Affiant holds the position of y«F_,'~¢,~~ r,~,,~-
of ~ci ~.~rL~ ~-~c~t~ .~~-Mr~TC ,(herein called
"Contractor" for purposes of convenience) and is authorized to give this Waiver
of Liens of behalf of said entity.
2. This Waiver of Liens is given to Capital City Mall, and the partners therein, and
their agents (individually and collectively herein the "Owner"), for the benefit of
Owner and Owner's lenders and their respective title companies (herein
sometimes called "Beneficiaries"), with the understanding that they rely of this
Waiver of Liens.
3. On or about the date of this Waiver of Liens, Contractor has contracted for certain
labor and / or other services, supplies, machinery, fixtures and / or other materials
and / or for the alteration, improvement and / or other work in connection with a
portion of certain real property (the" Premises") more fully described in Exhibit
"A" annexed hereto and incorporated herein by reference, being known as
Capital City Mall,. 3506 Capital City Mall Drive, Camp Hill, PA 17011
(herein sometimes called the "Shopping Center").
4. Contractor has not entered into any other contract, written or oral, with Owner in
connection with the Premises. Contractor agrees that neither it nor any
subcontractor or material man doing and /or famishing work, labor and / or other
services or materials by, through or under Contractor shall file any lien or assert
any lien, right or claim against the Premises or any portion thereof including
Owner's interest therein, and, further Contractor hereby waives any liens or
assertion of any lien, right or claim which it has or may have against the premises
or any portion thereof including Owner's interest therein under the Mechanic's
Lien Law of the State of New Jersey, or at common law which may arise or which
could be perfected or created by reason of any and all work, labor and / or other
services, supplies machinery, fixtures and / or other materials furnished in
connection with the Premises. This Waiver of Liens shall be independent
covenant and shall also operate and be effective with respect to work, labor and /
or other services done and materials furnished under any supplemental contract or
arrangement for extra work in the erection, construction, completion, or other
work to or for any building, buildings or improvements of the Premises or any
portion thereof.
WAIVER OF LIENS (continued)
5. Prior to permitting any subcontractor or material men to perform services or
furnish material or do any other work, Contractor will obtain and ~~'' - to
Owner an executed Waiver of Liens, from each suh~^-~ al men
the form annexed hereto as Exhibit "B" any" ~~na ~ ~ a nce.
b~
6. Contractor agrees to defend, hold harmless ~ Owner,
its lenders and their respective title companif 'ons,
demands, cost and expenses whatsoever inclu
reasonable attorney's fees at trail, on appeal a;
relating to any breach of this Waiver of Liens.
7. This waiver of Liens shall be binding upon Contractor, its heirs, sucxessors an
assigns thereof, and shall inure to the benefit of each Owner, each of the other
Beneficiaries and their respective successors, heirs and assigns and grantees.
8. For the purpose of effecting the Waiver of Liens contained herein, such Waiver of
Liens shall be deemed a part of the Contractor's contrail as described in
Pazagraph 3 hereof.
9. In the event of any lien, despite this Waiver of Liens, contrailor hereby
irrevocably waives any right to a jury trial in any action to strike or dischazge the
lien.
10. In the event of any lien, despite this Waiver of Liens, any one of the beneficiazies
or the representatives of any one of the Beneficiaries shall have the right to
dischazge the lien by appropriate legal proceedings and shall have the right to be
completely reimbursed and otherwise indemnified by Contrailor against expenses
and losses resulting from such lien. Such expenses and losses shall include any
attorney's fees, surety bond premiums and security bond, and other costs incurred
in attempting to discharge or remove such lien and any damages or their losses
resulting from such lien, all of which contractor agrees to pay.
11. Contractor hereby warrants and represents that at the time of execution hereof, it
shall be conclusively presumed that no work, labor or other services of any kind
have been done and not materials or supplies of any kind have been furnished for
or in connection with work in and /or on the Premised by, through or under the
Contractor.
IN SITNES WHERE OF, the undersigned has hereto set its hand and seal as of
~~hP r lf~ 20~~
CONTRA OR:
If Contractor is a Corporations: BY:
Title:
(CORPO.itATE SEAL
If Cont~artor is an individual or Attest:
Partnership
By: _
Signed, Sealed & Delivered
In the Presence of:
~. ,d~~
.~~ .b NCieMelte ~roM
e ~~ Arch. iee~ • She ~,d
Ca.labres
~~ ~ ~l ~~~ ~ ~ ,,~lEd
~S Exh~b;t B.
~J~B
- ~__.
STATE OF [INSERT STATE]
SS.
COUNTY OF
BE TT REMEMBERED.THAT on the /~~ day of ~~TO,eF2
~ ~O ~ ,personally appeared before me rn~e~-~rtE ~ c /~ SoLT
Who is Ut~E c~ e~~ , of ~~~A SRr~~' Gaol A~ „Te~7`,r ~ ands
Acknowledged that he executed and / or is authorized the annexed Waiver of Lines and
desire(s) the same to be recorded.
WAIVER OF LIENS (continued)
~e ~,~s y ,~ v~J .vr~
~/,1/vCrA/'Tf /~
Sworn to and subscribed before me this~n` day of /9~ i~J~~/1
Doi ,
NOTARY PUBLIC
My Commission Expires:
O1lJ~ ~°/U
Of
NOTr'~fil~L SE.~L
MICHAEL DIORiO, i~atary Pi
per leacock Twp., Lancaster I
h- Commission Expires lane I,
~ ~ o
R SU °-'' `' ~ ~'
~ I + ;13'n"t
O ..
rr,. ~
~LJ _zJ~
'
~ ~ ~ ~ i . , ~ C~
.~
~ ~
m '~
D ~_~ ~~
n
p
lP •~ o -.C