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HomeMy WebLinkAbout10-1761Io-Irllci MAD E r PROTHONOTARY: INDEX AGAINST ALL PARTIES AS 3: 20 PLAINTIFF AND AGAINST ALL PARTIES AS DEFENDANT Ct;Pv{ WAIVER OF LIENS WITNESSETH: THIS INSTRUMENT, executed this 10th day of March, 2010, by and between Mike Wolf Roofing, having an address of 33 Moravian Street, Lebanon PA 17042 (hereinafter "Contractor") in favor of BUMBLE BEE HOLLOW LLC, a Pennsylvania limited partnership with an address of 225 North Presidential Boulevard, Bala Cynwyd, Pennsylvania 19004 (hereinafter "Owner"). A. Contractor has entered into a written contract with Richmar Builders, Inc., Owner's General Contractor, for the construction and installation of certain site improvements on that certain premises known as Bumble Bee Hollow, as described in Exhibit "A" (the "Real Estate") (such site improvements, and other improvements related thereto being hereinafter referred to as the "Improvements"); and B. It is the intention of Owner and Contractor that neither said Real Estate, nor any subdivided portion thereof nor the Improvements erected or to be erected thereon or installed therein shall be subject to a lien for debts due by Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said construction or installation, and that the right of anyone to claim any such lien be waived hereby. NOW THIS AGREEMENT WITNESSETH: That 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 paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Real Estate, the Improvements or against any building or buildings, other improvements, lot of ground or any part thereof, or the cartilage or cartilages appurtenant thereto, by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. Contractor hereby covenants, promises and agrees that all subcontractors, material suppliers, and laborers on the work shall look to and hold Contractor personally liable for ego $x.1.00 PO -000y5< c?. lq 1 P.:?a3$8/3 all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owner, or any other person with an estate (including a leasehold estate) in the above-described property, for any work done or labor or materials furnished under the Contract or otherwise. AND this Agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the construction and installation of the Improvements or any other improvements in the building as well as to any work and labor done and materials furnished under the contract aforesaid. In order to give Owner and any person having an estate in the Real Estate (including a leasehold estate), full power and authority to protect itself and themselves, the Real Estate, the buildings or the Improvements to be erected and constructed thereon, and the cartilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant by Contractor, the Contractor 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, (a) to the extent permitted by law, to mark satisfied of record at the cost and expense of Contractor or of any subcontractor, laborer or material supplier, any and all claims or liens filed in violation of the foregoing waiver and covenant, or (b) to cause to be filed and served in connection with such claims or liens (in the name of Contractor or any subcontractor, laborer or material supplier, or anyone else acting under or through it) 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 the instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and reference to the court, term and number in which and where this Waiver of Liens shall have been files shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for itself and or them does hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. This power may be exercised from time to time as often as shall be deemed necessary. This agreement and Waiver of Liens is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County of Dauphin, Commonwealth of Pennsylvania, or other proper place in which the above-described lands are located, within ten days after the date hereof in accordance with the requirements of law in such case provided. IN WITNESS WHEREOF, Contractor has executed this Agreement the day and year above first written. 2 MIKE WOLF ROOFING By Name: Mike Wolf Title: Owner COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF DAUPHIN: On this, the 10 h day of March, 2010, before me, the undersigned officer, personally appeared Mike Wolf, who acknowledged himself to be the Owner of Mike Wolf Roofing, and that he, being authorized to do so, executed the within instrument for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 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