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HomeMy WebLinkAbout09-5995dq - y,?-yS' mL-b Susquehanna Area Regional Airport Authority Contract No. 2007-015 CAPITAL CITY AIRPORT REHABILITATE ACCESS ROAD (LIGHTING) PHASE 11 WAIVER OF LIEN This instrument executed the - Second day of September , 2009 by Edwin L. Reim Company (the "Contractor"), for the benefit of the Susquehanna Area Regional Airport Authori ("Owner"), a Municipal Authority organized and existing under the laws of the Commonwealth of Pennsylvania. WITNESSETH A. Owner has entered into an Agreement with Contractor for Contract No. 2007-015 (the "Contract") to/for REHABILITATE ACCESS ROAD (LIGHTING) PHASE II B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's liens will be filed or maintained against the Project or the estate or title of owner in the Project or any part thereof, or the appurtenances thereto, either by itself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, or in the erection, construction or completion of the Project or any appurtenance thereto. NOW, THEREFORE, in consideration of ten dollars, the receipt of which is hereby acknowledged, and in further consideration of the covenants contained in the Contract and other lawful consideration the receipt of which is acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows: (1) WAIVER OF LIEN. Contractor, for itself, its subcontractors, materialme, laborers and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanic's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree, to the extent permitted by law, that no mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the Project or the estate or title of the Owner in the Project, or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman or laborer for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Project or any part thereof. (2) INDEPENDENT COVENANT. This Agreement, waiving the right of lien, shall be an independent covenant, shall operate and be effective irrespective of Owner's performance under the Contract, 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 the Project as to any work and labor done and materials furnished under the Contract. (3) REMOVAL OF ANY LIEN. If any such mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the Project or the estate or title of the Owner in the Project, or appurtenances thereto, Contractor promptly and at its expense shall cause such lien to be removed or satisfied. (4) POWER OF ATTORNEY TO SATISFY LIEN. In order to give Owner full power and authority to protect itself, the Project, the estate or title of the Owner therein, and the appurtenances thereto, against any and all liens filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant, the Contractor, to the extent permitted by law, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear as Attorney for it, them or any of them, in any such Court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of the Contractor or of any subcontractor or materiahnan, any and all lien or liens, filed in violation of the foregoing covenant, or cause to be filed and served in connection with such lien or liens, any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein, as part of the record, the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and a reference to the court, term and WOL - 1 Susquehanna Area Regional Airport Authority Contract No. 2007-015 CAPITAL CITY AIRPORT REHABILITATE ACCESS ROAD (LIGHTING) PHASE II number in which and where this Agreement shall have been filed shall be a conclusive evidence of the authority herein contained to warrant such action, and the Contractor for itself, and, to the extent permitted by law, for them does hereby remiss, release and quit claim all rights and all manners of errors, defects and imperfections whatsoever in entering such satisfaction nor in filing such pleading, instrument or amendment, or in any way concerning them. (5) WORK NOT COMMENCED. Contractor hereby represents and warrants that no work of any kind or nature has yet been done on the Project and no materials whatsoever have as yet been furnished to the Project by anyone under, toward or in connection with the execution or performance of the Contract and that no such work shall be done and no such materials shall be furnished until receipt of notice from Owner authorizing the same. IN WITNESS THEREOF, the undersigned Contractor has executed this instrument as of the day and year first above written. ATTEST: NTRACT Edwin L. He' Company Harvey W. Reisinger, P.M. Richard A. Berkheimer, Vice President (SEAL) COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF Dauphin On this the Second day of Sentember , 2009 , a Notary Public in and for the Commonwealth of Pennsylvania personally appeared Richard A. Berkheimer who acknowledged him self to be the Vice President of a Pennsylvania Corporation, and that as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF,, I hereunto set my hand ?nf official seal. t Notary Public COMMONWEALTH ENNSYLVANIA My Commission E pires: Notarial ' '11 Michele M. Pare 1*tary Public Susquehanna Tv uphin County My Commission " mpt. 23, 2009 Member, Pennsyly, 3}+nn of Notaries WOL-2 Orr C t 117 Z I 2009 SEP -2 PH i : { .1 Srv?:k l1?'v 1 l pkK r. ?? ;?? (sue