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HomeMy WebLinkAbout04-3743PROTHONOTARY: INDEX AGAINST ALL PARTIES AS PLAINTIFF AND AGAINST ALL PARTIES AS DEFENDANT WAIVER OF LIENS THIS INSTRUMENT executed this /~ day of .~?.~. , 2004, by Stmetural Components Company, a sole proprietorship of Pennsylvania, with an office at 3960 Route 8, Suite 103 Allison Park, PA 15101 (''Subcontractor'9, in favor of SHIPPENSBURG PROPERTIES, L.P., a PennsylVama limited parmership, with an office at One Atlantic Avenue, Pittsburgh, PA 15202- 1707 COwner'~). A. Owner and Contractor have entered into a certain Contractor Agreement dated December 18, 2003 (the "Contract'~ for the erection and construction ofa r~a shopping c~er (the "Improvements") (including, without limitation, site work, buildings and other improvemea~ts) on certain parcels of ground located on South Conestoga Drive, Shippenshurg Township, Cumberland County, Commonwealth of Pennsylvania (the "Property'S. The Property is more fully described cna Exhibit "A" attached hereto and made a part hereof'. B. Contractor and Subcontractor have entered into a certain written agreement dated Improvements ( Subeo~tract'~. x C. By the terms of the Prime Contract, Contractor has covenanted, promised and agreed that no mechamcs' or materialmen's liens would be filed or maintained against the Improvements or the estate or title of Owner (or any other person or entity) in the Property of any part thereof, or the appurtenances thereto, either by itseff or anyone else for or on account of any work, labor of materials supphed in the performance of the Contract, or under any supplemental contract for extra work, or in the erection, construction or completion of the Improvements on the Property or any appurtenances thereto. NOW, THEREFORE, m consideration of the Subcontract, Prime Contract and the covenants of the Owner therein contained, and intending to be legally bound hereby: 1. The Subcontractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' lien or claim, or notice of inteation to file any hen or claim, and does hereby covenant, promise and agree that no mechanics' hen or claim, or other hen or claim of any kind whatsoever, shall be filed, claimed or maintained against the Improvements ortho estate of title of Owner (or any other person or entity) in the Property or the appurtenances thereto, by or in the name of subcontractor, or any sub-subcoutractor, materialman or laborer for work done or materials fomished under the Subcontract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereo£ 2. 21tis Agreemant waiving the right of lian shall be an indepandent 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 tho erection, construction and couple, Jun &the Improvements as to any work and labor done and materials furnished under the Contract. No claim shall be filed by anyone. 3. In order to give the Owner full power and authof~3'to protect itself, the Improvements, the Property, the estate or title of Owner (or any other person or entity) there'm, and the appurteoances thereto, against any all hens or claims filed bythe Subcon~actor or anyone acting under or through it in violation ofthe foregoing covenant, the Subcontractor or anyone acting under or through it in violation of the foregoing covenant, the Subcontractor hereby irrevocably authorizes and empowers any altomey of any Court of Common Pleas of the Commonwealth of Pmmsylvania, to appear as attorney for it, them or any of them, in any such CouP, and in its or their name or names, (a) to the exteot permitted by law, mark satisfied of ~ecord at the cost and expense of the Subcontractor or of any sub-subcontractor or materialman, any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, or Co) cause to be filed and served, in the name of the Subcontractor or any sub-subcontractor or anyone else acting under or farough Subcontractor, in connection with such claim or claims, lien or liras, any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate there'm, as part ofthe record, the waiver contained in this instrument, and for such act or acts this instrument shall be good and suifioimt warrant and authority. A reference to the court, term and number in which and where this Agreement shall have been filed shall be conclusive evidence of the authority herein contained to warrant such action, and the Subcontractor, for itself and for them, hereby remises, releases and quit-claims all rights and all manner of errors, defects and impel'fections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. 4. The Subcontractor hereby warrants that no work or labor, of whatsoever kind of nature, has as yet been done and that no materials or services whatsoever have as y~t been furnished by anyone, under, towards or in connection with the execution or performance of the Contract. 5. This Waiver shall bind the Subcontractor and its sub-subcontractors, successors, and assigns, and shall nm to the benefit of the Owner and its successors, assigns and grantees and all future owners offue sunple title to any of the Property. IN WITNESS WHEREOF, the undersigned Subcontractor has executed this instrument as of the day and year first above written. ATFEST: Structural Components Company Title: Owner COMMONWEALTH OF PENNSYLVANIA IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: (Notarial Seal) EXHIBIT "A" County of Cumberland, Township of Shippensburg Lot A-3, Map NO. 36-12-0320-042. Conestoga Drive Acres 4.350 Deed 00260/04550. Lot A-3 PB 88 PG 30