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HomeMy WebLinkAbout01-2939 TIlE SHIPPENSBURG UNIVERSITY : IN TI~ COURT OF COMMON PLEAS FOUNDATION, : CUMBERLAND COUN/~., PENNSYLVANIA Owner : and : SHIPPENSBURG UNIVERSITY ': NO.: FOUNDATION, INC., : Record Owner : · SNOKE'S EXCAVATING AND : PAVING, INC., : Contractor : WA_WER OF LIF:~$ CONTRACTOR'S WA~WER OF LIENS THIS AGREEMENT made this 1st day of ~la¥ ,2001, between The Shippcnsburg University Foundation, also, of rev)rd as to the property bereinaffer described only, Shippensburg University Foundation, Inc. (sic), with irs offices in Shippensbttrg, Pennsylvania 17257 ("Owner") and Snoke's F~:avating and Paving, Inc., a Pennsylvania corporation, with its offices in Walnut Bottom, Pe~asylvania 17266 ("Conwactor"). WHEREAS, by a duly executed wrim:n Agreement dated ~la¥ 1, 2001 (tl~ "Contract"), Owner and Contractor have contncred for the installaIion, construction and completion of the on-.site storm water system, sanitary sewer system, water line, electrical and paving work described in certain writing dated March 28, 2001 (the "Work"), all under the Contract on a 13.909+ acre tract or parcel of land in Shippensburg Township, Cumberland County, Pennsylvania, more particularly described in Exhibit "A" attachexi hereto and by this reference incorporated h~rein (the "Property"); and WHEREAS, no authorization h.~ yet been given by Owner to Contractor to commence the Work or purchase materials for same; and WHEREAS, no Work h~ commenced o]1 the Property and no labor or ma~rials have been delivered to ~ Propervj or furnished for the Work by Conlractor or any sub-comracwr or NOW, TNh-'n.F..FORE, the Contractor, for itself, irs suec=ssors and assigns and anyov, e else acting or claiming through or u.der it, for :md in consideration of the Contract nmi the considerations mentioned therein, and intending to be l.egally bound hereby, does hereby agree as ·/ollows:' 1. ~. Contractor hereby waives and relinquishes all rigbls to file a mechanics' lien, claim or notice of intention to file sly lien or claim and does hereby covenant, promise and ag~'e that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained agains! the estate 'or title of Owner in the Property as described in EXhibit "A" or the curtilage or curtilagns appurtenant thereto, by or in the name of Contractor or · by or in the name of any subcontractor, materialrm.'n or laborers for work done or materials furnished under the contract or by any other party ac.ting through or under thera or any of them for and about the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the Work shall look to and hold Contractor personally liable for all subcontracts, materials furnished under thc conlract ~!or and about the erection, construction and completion of the Work, or under any contract for extra work, or for work supplemental thereto, or otherw/se. 2. Power of Attorney. In order to give Owner full power and authority to protect itself, the property, the estate or title of Owner thereAn, and the appurtenances thereto, against any and ali liens filed by Contractor or anyone acl:ing under or tin.ugh it in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any aitorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to (i) appear as attorney for it, them or any of them, in any such Court, and in its or their name or names, to the extenI permitted by law, mark satisfied of record at the cost and expense' of Contractor or df any subcontractor or materialman, any and all lien oi; liens, filed in violation of the foregoing covenant, or (ii) cause to be filed and served in connection with such lien or liens any pleading or instrument, or any amendment to any pleading or ir,~Wament previously filed 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 inslnunent shall be good and sufficient warrant and authority. A reference to the court, term and number in which and where thi:{ agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for itself and for them, hereby remises, 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 any way concerning them. [u the event anyone acting through or under contracwr shall so file a lien in violation of the fol.-going covenant, Owner may not exercise its fights under this Paragraph 3 unless such lien has not been slricken or discharged (by payment, posting of a bond or other means) for a period of ten days after notiie of such lien shall have been received by Contractor, 3. ~. This Agreemen~ waiving ~he right of lien shall be an i~ieperzlent covenant arid shall operate and be effective as well with respect to work don~ ava materials furnisl'~i u~der any supplemental contract for extra work as to any work arid labor don~ and materials furnished under the Contract. 4. Publ~ Notice. This Waiver of Lien;; sh.l! be fried i~ the Cumber].nd County Prothonotary's Office as public notice hereof. IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, have caused this Contractor's Waiver of Liens to be executed the day and year first above written. OWNER: ATTEST: THE SltXPPENSBURG UNIVERSITY .FOUNDATION . ATTEST: THE SHIPPENSBURG UNIVERSITY FOUNDATION a/k/a (of record) SHIPPENSBURG UNIVERSITY FOUNDATION, I~C. CONTRACTOR: ATTEST: ~ Secretary _. _ (SE~L)