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HomeMy WebLinkAbout08-4996~. 08 - ~ qQ` rn~ `z~ SECTION 00870 WAIVER OF LIENS THIS AGREEMENT made and concluded this 26th day of J~ , 20 ~ between the Cumberland County Commissioners, Carlisle, Pennsylvania, party of the first part {hereinafter called Owner), and ~ ~ ~r- party of the second part (hereinafter caned Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, entered into a written contract for additions and renovations t,o the Cumberandd County Prison, Cari{sle, Pennsylvania; WHEREAS, by the terms of the Contract aforesaid the Contractor covenanted, promised, and agreed that no mechanics' of materialmen's lien or claims would be filed or maintained against the said building or buildings or any part thereof, or the cartilage or cartilages appurtenant thereto, either by himself or anyone else for or on account of any work, labor, or materials supplied in the performance of the said Contract, or under any supplemental Contract or for extra work, in the erection, construction, or completion of the said building or buildings or any of the cartilage appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: That the Contractor, for himself and anyone else acting or claiming through or under him, for and in consideration of the Contract aforesaid and the considerations of the Contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One ($1.00) DoAar 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 waive and relinquish ail right to file a mechanics' lien, claim, or notice of intention to file any lien 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 said building or buildings or the cartilage or cartilages appurtenant thereof, by or in the name of Contractor or any subcontractors, materialmen, or laborers for work done or materials famished under said Contract or by any other party acting through or under them or any of them for and about said building or buildings or any part thereof, or any part thereof, or on q'edit thereof, and that all subcontractors, rrraterialmen, and laborers on said work shall look to and hold Contractor personally liable for all subcontracts, 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 tabor or materials famished under said Contract for and about the erection, construction, and completion of said buildings as aforesaid, or under any Contract •for extra work or for work supplemental thereto, or otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall opera#e and be effective as well with respec# to work done and materials famished under any supplemental Contract for extra work in the erection, construction, and completion of the said building or buildings as to any work and Tabor done and materials famished under the Contrail aforesaid. Additions and Renovations to 00870 -1 Cumberland County Prison -Phase 1 Waiver of Liens CRA Project No. 1818 Febniary 11, 2008 AND, in order to give the Owner fuN power and autiiority to pr~ect himself, the lot or lots of ground, and the building or buildings, and the cartilage or cartilages appurtenant thereto, against any and all Dens or claims feed by the Contractor or anyone ailing under or through him or if in violation of the foregoing covenanrt, the said Corrtrador for himself, themselves, itself, hen3by irrevocable authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as Attorney for him, them, it, or any of them, in any such Court and in his or their name or names, mark satisfied of record at the cost and expense of the Corractor or of any Subcontractor of Materialman, any and ail claim or claims, lien or liens, filed in violation of the foregoing covenant, or cause #o be filed in connection with such claim a claims, Gen or liens rn the Hams of the Contractor of any Subcontractor of anyone else acting under or through hlm) any pleading or instrument, or any amendment to any pleading or instrument previously filed by him or them, to incorporate therein, as part of the record the waiver contained in this instrument, and for suds act or acts this instrument shall be good and suffident warrant and authority, and a reference to the Court, Term, and Number in which and where this Agreement shall have been filed shall be a suffkient exhibit of the authority herein contained to warrant such action, and the Contractor for himself and for them does hereby remise, release, and quit-claim all rights and aG manner or errors, defects, and imperfections whatsoever in entering such satisfaction or in fling such pleading, instrument, or amendment, or in anyway concerning them. IN WITNESS WHEREOF the sal a ' ve reunto set their hands and seats dated the day and year first above written. COMMISSIONERS .- ~.1 i~G~-'7SEAL) CONTRACTOR Robert A. Wagner, Vice President P~dditions and Renovations to 00870 - 2 Curr~riand County Priest -Phase 1 Waiver of Liens CRA Project No. 1898 February 11, 2008 7 '~ l`'' t c --c `•(\hY~. V ~`~ ~ --r~ .„r.y q-w.~ 4+." ~ 7" ) ( l C am, f`- ~ ~ ~'C~4 _, ^, ~~ ~c `~' ~:, ~ -~ ~. i ATTACHMENT TO WAIVER OF LIENS CUMBERLAND COUNTY PRISON PROJECT The real estate to which this Waiver of Liens is applicable is the Cumberland County Prison which is located on all that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described pursuant to a certain land development plan entitled: "Additions and Renovations for Cumberland County Prison" and recorded as Instrument Number - 200820552 in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania.