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HomeMy WebLinkAbout07-6925~> ~7_ ~~~ ~~ Law O,~ces IRR'IN 8~ McI1VIGHT 60 Rest Pomfret Street, Casttste, Pennrytvwnta 17013-3222 WAIVER OF LIENS iH THIS AGREEMENT, made and concluded this ~ ~ day of October, 2007, by and between CUMBERLAND COUNTY HISTORICAL SOCIETY, of 31 West High Street, Cazlisle, PA 17013, parties of the first part (hereinafter called Owner), AND DUNNING QUALITY BUILDERS, with its principal offices located at 22 Ivy Terrace, Carlisle, PA 17015, parry of the second part (hereinafter called Contractor). WHEREAS, the said pafies have by a duly executed agreement under seal, dated 2007 , entered into a written contract for remolding 29-35 West High Street, Carlisle, Cumberland County, Pennsylvania , as recorded in Cumberland County Deed Book 2bb, Page 4461 NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, 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 said building or buildings or the cartilage or cartilages appurtenant thereto, by Contractor or by any sub-contractor, mateaiahned or laborers for work done or materials furnished under said contract or by any other pasty acting through or under them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials famished 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 said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or otherwise. AND 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 said building or buildings as to any work and labor done and materials furnished under the contract aforesaid. and all cl qND~ ~n ~ to Owner ems fil b'~ve the Pl motor pelf a Co ~ fUll ~ for hi n~tor Power Pleas ~ Ate C°,nmonW~~1~ sely~ ;~el>y h °ne a~g ~~u~lorjtY to ~ or Qf ~f. . 1°°Y f4r Mme. °f P~ns~ri.. . ~'Y ~~. °r ~ir~~~~, , , ~ • AND, in order to give the Owner full power and authori to and all claims filed b the Con ~' ~°t~ himself and the lot or lots of ground a Y tractor or anyone acting under or ~.°ugh him or it in violation of the foregoing covenant, the sa d Contractor for himself, themselves, itseliy hereby irrevocably authorizes and em Pleas of the Commonwealth of Pennsylvania, to p°W~ any Attorn Pleas as Attorney for him, them or it and in his the~ir~ n ham, ~ eY of any Court of Common em, it, or any of them, in any of the said Courts of Common or of any Sub-Contractor or Materialman, or M~~~ m~ ~ ~ttsfied of record at the cost and expense of the Contractor Contractor, or any Sub-Contractor or Material man, or in his or the nee ~s or claim, lien or liens, filed by or for the ground or any part ~~f and for such act or acts this shall be gaanst said building or buildings, lot or lots of Court, Term and Number in which and where this A good and sufficient warrant and authority, and a reference to the herein contained to ~ 8reemerat shall have been filed shall be a sufficient exhibit of the Authority warr`uat such ~Ori and the Contractor for himself, themselves, itself, do b claim all rights and all manner of errors, defects and im ~Y remise, release and quit- touching or concerning the same l~ections whatsoever in entering such satisfaction or in any- wise hTi WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the da and written. Y year first above WITNESSES PRESENT; CUMBERLAND COUNTY ffiSTORICAL SpC~Ty b: (SEAL) G2'~ (SEAL) DUNNIlVG QUALITY BUII.DER3 by: ~~--~ G UIVNING ~ (SEAL) Contractor 2 ~~ Q ~ ~ ~ ~ `C'r ~ ~ J`> ' " i ~ ~~ ~ ~ e.TM" "'