HomeMy WebLinkAbout01-2940 THE SHIPPENSBURG UNIVERSITY : IN THE COURT OF COMMON PLEAS
FOUNDATION, Owner CUMBF. RLAND COUNTY, PENNSYLVANIA
and
SKIPPENSBURG UNIVERSITY :
FOUNDATION, INC., :
Record Owner :
: No.:
.'
"BRECHBILL & HELNIAN :
CONSTRUCTION COMPANY, INC., :
Contractor .' WAIVER OF LI~NS
-CONTRACTOR'S WAiYER OF LIENS
THIS AGREEMENT made this 1st day of ~ay ,2001, between
The Shippensburg University Fouadation, also, ~f ~cord as'to the property hereinafter described
only, Shippensburg Uttiversity Foundation, Inc. (sic), with its offices in Shippensburg,
· ' Peamsylvania 17257 ("Owner") and Brechbill &: Helman Construction Company, Inc., a
Pennsylvania corporation, with its offices at 1115 Sheller Avenue, Chamhersburg, Pennsylvania
17201 ("Contractor").
WHEREAS, by a duly executed written Agreement dated _ MR,, 7:~qO1 (the
"Contract"), Owner and Contractor have conm~cmd for the construction of a'new two-story
spiritual center and educational instruction building (the "Work"), all in accordance with the
Contract on a 13.909+ acre tract or parcel of l;md in Shippensburg Township, Cumberland
County, Pennsylvania, more particularly described in Exhibit "A"
attached hereto ami by this
reference incorporated herein (the "Property"); and
WHEREAS, no authorization has yet been given by Owner to Conlractor to
commence the Work or purchase materials for sam:; and
WHEREAS, no Work has commenced on the Property A~d no labor or materials
have been deliv~.red to the Properly or furnishe, d for the Work by Conll-actor or any sub-
contractor or materialman.
NOW, THEREFORE, the Corm'actor, for itself, its successors sr~ assigns and anyone
else acting or claiming through or u~er it, for :mol in considecation of the Contract a~d the
considerations mentioned therein, and intending to be I~gally bound hereby, does hereby agree as
follows: .
1. ~. Contractor hereby waivns and relinquishes all rights to file a
mechanics' lien, claim or notice of intention 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 fried or maintained against the estate 'or title of Owner in the Property a~ described in
EXhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or
by or in the name of any subcontractor, materi~lrfl~:n or laborers for work done or materials
furnished under the contract or by any other paw] ac.ting through or under them or any of them
for and about the Property or any pan thereof, or oz~ credk thereof, and that all subcontractors,
rnarerialmen, ~n~ laborers on the Work shall look to and hold Contractor personally liable for all
subcontracts, man,rials furnished under the contract l!or and about the e~-ction, constniction and
completion of the Work, or under any contract for e~.~ra work, or for work supplemental thereto,
or otherwise.
2. Power of Attorney. In order to give Owner full power and authority to protect
itself, the property, the estate or title of Owner the'rein, and the appurtenances thereto, against
any and all liens filed by Contractor or anyone acting under or through it in violation of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any attorney of any
Court of Corm'non 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 extenl
permitted by law, mark satisfied of record at the cost and expensd of Contractor or Of any
subcontractor or materialman, any and all lien oJ: 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 iratrument 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 instrument 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 l~rein 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. I~. the event anyone acting through or under
contractor shall so file a lien in violation of the fov,~going covenant, Owner may not exercise its
fights under this Paragraph 3 unless such lien has ~ot been stricken or discharged (by payment,
posting of a bond or other means) for a period of mn days after notice of such lien shall have
been received by Contractor.
3. I__q/l~ndent Cove~. This Agreement waiving the right of lien stroll be an
independent covenant and shall operate and be effective as well with respect to work done and
materials furnished under any supplemental conWact for extra work as to any work and labor
done and materials furnished under the Contract.
4. Public Notice. This Waiver of Lie~i shall be filed ir/the Cumberland County
Prothonotary's Office as public notice hereof.
IN WITNESS WHEREOF, the said parties, intending to be legaily bound hereby, have
· caused ~ Contractor's .iWaiver of Liens to be executed the day and year first above written.
OWNER:
ATTEST: 'l:I-r~ SHIPPENSBURG UNIVERSITY
FOUNDATION ~
(S L)
ATTEST: THE s~IrPPENSBURG UNIVERSITY
FOUNDATION a/kda (of record)
SHIPPENSBURG UNIVERSITY
FOUNDATION, INc.
(SEAL)
ATTEST: CONTRACTOR:
Itrechb~ll & 8elman Construction Co Inc
~ Presi~nt