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HomeMy WebLinkAbout04-3857PROTHONOTARY: INDEX AGAINST ALL PARTIES AS PLAINTIFF AND AGAINST ALL PARTIES AS DEFENDANT WAIVER OF LIENS THIS INSTRUMENT executed this day of ~ 2004, by Vestige Inc.., a Peamsylvania corporation, with an office at 200 Station Street Loyalhanna, PA 15661 ("Subcontractor'), in favor of SHIPPENSBURG PROPERIII~S, L.P., a Peamsylvania limited partnership, with an office at One Atlantic Avenue, Pittsburgh, PA 15202-1707 ("Owner"). WITNESSETH: A. Owner and Contractor have entered into a certain Contractor Agreement dated December 18, 2003 (the "Contract") for the erection and construction of a retail shopping center (the "Improvements') (including, without limitation, site work, buildings and other Improvements) on certain parcels of ground located on South Conestoga Drive, Shippensburg Township, Cumberland County, Commonwealth of Permsylvania (the "Property'S). The Property is more fully described on Exhibit "A' attached hereto and made a part hereof. B. Contractor and Subcontractor have entered into a certain written agreement dated ,TJ't,L.]~] .cV~Om~ 00~5 ~ , for the construction and completion ora portion of the Improvem~ts ("Subcbutract'). C. By the terms of the Prime Comract, Contractor has covonantecl, promised and agreed that no mechanics' or materialmen's liens would be filed or maiutamed against the Improvements or the estate or title of Owner (or any other person or enfrty) in the Property of any part thereof, or the appurtenances thereto, either by itself or anyone else for or on account of any work, labor of materials supplied 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, in 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 acfmg or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' lien or claim, or notice of retention to file any lien or 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, claimed or maintained against the Improvements orthe estate of title of Owner (or any other person or entity) in the Property or the appurtenances thereto, by or the name of subcontractor, or any sub-subcontractor, materialman or laborer for work done or materials furnished 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 thereof. 2. This Agreament waiving the right of lien shall be an independent 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 the er~otion, construction and completion of the Improvements as to any work and labor done and materials furnished under tbe Contract. No claim shall be filed by anyone. 3. In order to give the Owner full power and authority to protect itself, the Improvements, the Property, the em or title of Owner (or any other person or entity) therein, and the appuaenaneas thereto, against any all liens or claims filed bythe Subcontractor or anyone acting under or throngh it in violation of the foregoing coveaant, the Subcontractor or anyone acting under or through it in violation of the foregoing covenant, the Subcontractor 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 nan, s, (a) to the extent permitted by law, mark satisfied of record at the cost and expense of the Subcontractor or of any sub-subcontractor or materialman, any and all claim or ciam, lien or liens, filed in violation of the foregoing covenant, or (b) cause to be filed and served, in the name of the Subcontractor or any sub-subcontractor or anyone else acting under or through Subcontractor, in connection with such claim or elam, lien or liens, any pleading or instrtunent, or any amendment to any pleading or instrument previously ~ed by it or them, and to incorporate therein, as part of the record, the waiver contained in this instrument, and for such act or acts this instrument sha/l be good and sufficient warrant and authority. A referenea to the court, term and number in which and where this A_groement shall have bean filed shall be conclusive evidence of the authority herein contained to warrant such action, and the Subcontractor, for itself and for them, hereby reimses, releases and quit-claims 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 uny 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 yet bean famished by anyone, under, towards or in counection with the execution or performance of the Contract. 5. This Waiver shall bind the Subcontractor and its sub-subcomraetors, successors, and assigns, and shall run to the benefit o£the Owner and its suceassors, assigns and granteas and all future owners of fca simple title to any of the Propeay. IN W][TNESS WHEREOF, the undersigned Subcontractor has ex~cuted this instrumeat as of the day and year first above writt~, ATTEST: VESTIGE, INC. COMMONAVEALTH OF PENNSYLVANIA On__this ~ ~lay of 3~t.~\'~ ,2004, before me, the unders~ .. ,, 'gned officer, personally appeared \ Oc~ ~ C ~ ~ C('~, known to me (or satisfactorily provea) to be the person whose corporataon and that he as such officer being au~rized to do so, executed the foregoing insm. unem for the purposes therein contained by signLng the name of the corporation by himself as such officer. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. (Notarial Seal) NOLsrial Seal Bmol~ R. Sowers, NoL~'y Public Faltfield T~p., West~ml~ C~nty My ~m~ss~on Expi~ July 18, ~ ~r,P~~~ 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