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HomeMy WebLinkAbout04-4025PROTHONOTARY: INDEX AGAINST ALL PARTIES AS PLAINTIFF AND AGAINST ALL PARTIES AS DEFENDANT WAIVER OF LIENS TInS qSTRUMENT executed this vi' day o~,2004, by Donald B. Smith Roofing, Inc., a Pennsylvania corporation, with an office at H0 Juniper Lane Hanover, PA 17331 ("Subcontractor'?), in favor of SHIPPENSBURG PROPERTIES, L.P., a Pennsylvania 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 ora 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 Pennsylvania (the "Property"). The Property is more fully described on Exhibit "A" attached hereto and made a part hereof. dated /5'- ~ ~B~) ~/ ("Subcontract"). Contractor and Subcontractor have entered into a certain written agreement , for the construction and completion of a portion of the Improvements C. By the terms of the Prime Contract, Contractor has covenanted, promised and agreed that no mechanics' 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 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 ereetion, constmetiun 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 acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' lien or 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 filed, claimed or maintained against the Improvements or the 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-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 Agreement 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 famished under any Shippca Towne Ceatre Waiver of Lieas supplemental contract for extra work in the erection, construction and completion of the Improvements as to any work and labor done and materials famished under the Contract. No claim shall be fled by anyone. 3. In order to give the Owner full power and authority to protect itself, the Improvements, the Property, the estate or title of Owner (or any other person or entity) therein, and the appurtenances thereto, against any all liens or claims filed by the Subcontractor or anyone acting under or through it in violation of the 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 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 ~ames, (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 cla'mas, lien or Y~ens, 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 claims, lien or liens, any pleading or instrument, or any amendment to any pleading or instrument 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 instrnment shall be good and sufficient 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 imperfections 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 yet 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 of fee simple title to any of the Property. IN WITNESS WHEREOF, the undersigned Subcontractor has executed this instrument as of the day and year fLrst above written. ATTEST: Donald B. Smith Roofing, Inc. Shippen Towne Ceatre W~v~r of Lima COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ~ ) On this ._~day of /3o~as4 ,2004, before me, the undersigned officer, personally appeared Y'~'"h ~a,-~~,/ , known to me (or satisfactorily proven) to be the person whose name is subscribedto the within instrument, and acknowledged that he is the F) , corporation and that he as such officer being authorized to do so, executed the forego'lng instnnnant for the purposes therein contained by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not~-,. lic My Commission Expires: (Notarial Seal) Notarial S,al Sherry L. Amlg, Notary Public Conewa~o Twp., Adams County My Commission Expires June 3, 2006 Member, Pennsylvania Association of Notafles Shippen Townc C~t~e Waiv~ of Liens