HomeMy WebLinkAbout04-1078RELEASE AND WAIVER OF MECHANICS LIEN
The undersigned, with intent to be legally bound, and in consideration of the sum of One
($1.00) Dollar to it in hand paid and other good and valuable consideration, the receipt of which
is hereby acknowledged, for itself, its respective subcontractors, materialmen and all Persons
acting through or under it, covenants and agrees that no mechanics' claims or liens shall be filed
or maintained by it, any of them, or anyone whatsoever against all or any portion of the premises
known as CAMP HILL MALL - GIANT FOOD STORE #269 located at Camp Hill Mall,
32nd Street and Trindle Road, Camp Hill, Pennsylvania and owned by CEDAR-CAMP HILL,
LLC, (collectively with their successor and assigns, The "Owner") and more particularly
described in that certain Construction Contract to be executed by and between CEDAR-CAMP
HILL, LLC and the undersigned, and (the "Premises) any buildings or other improvements
thereon, for or on account of any work to be done, labor to be performed or materials to be
furnished by it or any of them. The undersigned, for itself, its subcontractors, materialmen and
others under it, hereby expressly waives and relinquishes the right to have, file or maintain any
mechanics' liens or claims against the Premises. This instrument waiving the right to 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 (whether
written or oral) for extra or additional work at the Premises or any portion thereof. The neuter,
as used herein, shall be deemed to include feminine and masculine where applicable.
In order to give Owner full power and authority to protect itself and the lot or lots of
ground with the buildings and improvements thereon to be erected against any an all claims filed
by the Contractor or anyone acting under or through him, her or it in violation of the foregoing
covenants, the said Contractor for himself, herself, themselves and itself, hereby irrevocably
authorizes and empowers any attorney of the Court of Common Pleas of the Commonwealth of
Pennsylvania, to appear for him, her, them, it or any of them, in any of the said Courts of
Common Pleas as attorney for him, her, them, it, or any of them and in his, hers, their, or its
name, mark satisfied of record at the cost and expense of the Contractor or any subcontractor or
materialman or materialmen, any and all claim or claims, lien or liens filed by or for the
Contractor, or any subcontractor or materialman or in his, her, its or their name against said
building or buildings, lot or lots of ground or any part thereof, and for such act or acts this shall
be good and sufficient warrant and authority, and a reference to the Court, Term and Number in
which and where this Waiver shall have been filed shall be a sufficient exhibit of the authority
herein contained to warrant such action, and the Contractor, for himself, herself, themselves or
itself, does hereby remise, release and quitclaim all rights and all manner of errors, defects and
imperfections whatsoever in entering such satisfaction or in any way touching or concerning the
same.
This Release and Waiver of Lien is made by the undersigned with full knowledge that it
shall be relied upon by CEDAR-CAMP HILL, LLC and by any of its lenders and with the
express agreement that this document and the terms and conditions hereof shall not be amended,
modified or withdrawn without the prior written consent of Owner.
This stipulation is made and intended to be filed with the Office of the Prothonotary of
Cumberland County in accordance with the requirements of Section 402 of the Mechanics Lien
Law of 1963 of the Commonwealth of Permsylvania in such case provided. No claim shall be
filed by anyone.
1N WITNESS WHEREOF and intending to be legally bound, the undersigned has caused
this instrument to be duly executed and effective as of this 1'7-+~ day of ~'~ ,
20ot.
Ames Construction, Inc.
Steven A Burridge
Attest: ~ ~~d~
STATE OF PENNSYVANIA
COUNTY OF LANCASTER
SS.
On this, the ~7-?~ day of ~qx,,~ (~x _ 2004, before me appeared STEVEN A.
BURRIDGE, to me personally known, who being duly sworn did say that he is a representative
of AMES CONSTRUCTION, INC, and that the seal affixed to the foregoing instrument is the
seal of the corporation and that the instrument was signed and sealed on behalf of the corporation
by authority of its Board of Directors, and STEVEN A. BURRIDGE acknowledges the
instrument to be the free act and deed of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
My commission expires:
Notarial Seal
Rebecca L. Adams, Notary Pu~blic
E~mla Twp., kanea.~ P~x~y
My Commission E. xptr~ July 5, 2006