HomeMy WebLinkAbout04-4186PROTHONOTARY: INDEX AGAINST ALL PARTIES AS PLAINTIFF AND AGAINST ALL
PARTIES AS DEFENDANT
WAIVER OF LIENS
THIS INSTRUMENT executed this ~, day of ,'j~. , 2004, by
Delattre Corporation, a Pennsylvania corporation, with an office at 505 Hudson Street Monongahela, PA
15063 ("Subcontractor"), in favor of SHIPPENSBURG PROPERTIES, L.P., a Pennsylvania limited
partnership, with an office at One Atlantic Avenue, Pittsburgh, PA 15202-1707 ("Owner").
A. Owner and Contractor havc ea~red into a certain Contractor Agr~ment dated
Dec~mber 18, 2003 (the "Contract'3 for the erection and construction of a retail shopping center (the
"Improvements'3 (inclodin~ 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 (tl~ "Property'3. Tbe Property is mow fully described on Exhibit "A"
attached hereto and made a part hereof.
("Subcontract").
Contractor and Subcontractor have entered into a certain written agre~*nt daWd · for the construction and completion of a portion of the Improvements
C. By tho 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 thercof, or the
appurtenances thereto, either by itself or anyone else for or on aca:oont of any work, labor of materials
supplied in thc performance of the Contract, or under any supplemental contract for extra work, or in thc
erection, construction or completion of the Improvements on the Property or any appurtenanens thereto.
NOW, THEREFORE, in consideration of the Subeouh~ct, 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 clairalng through or under it,
does hereby waive and relinquish all right to file a mechanics' lien ~ or notice of intention to file any
lien or--et~,a, and does hereby cov~lant, promise and agree that no mechanics' lien or :!~_L'~ or other lien
· ,T rl~;,~ of any kind whatsoevcr, shall be filed, claimed or maintained againnt the Improvements or thc
estate of title of Owner (or any other person or entity) in the Propeay or thc appurteannees thereto, by or in
thc name of subeomractor, or any sub-subcxmtra~tor, materialman or laborer for work done or materials
fitmished under thc Subcontract or by any other party acting through or undcr them or any of them for and
about the Improvcmcnts or thc Property or any part thercof.
Shippen Towae Centre Waiver of Liens
This Agreement wmvmg the right of lien shall be an independent COvenant and shall
operate and be eff~ive as well with respect to work done and materials furnished under any supplemental
COntract for extra work in the erection, construction and COmpletion of the Improvements as to any work
and labor done and materials fiu-nished under the Contract. No ~ shall be filed by anyone.
3. In order to give thc Owner full power and authority to protect itself, the Improvements,
· . ~ o ,,, *,,m,n mca oy u~ ~ut~ntm~r or anyone acting under or through it in
wolat~on of the foregoing COvenant, thc Subcontractor or anyone acting under or through it in violation of
~u~g~_u~_ coy ~c~,, the~ S.u ~b~oatractor hereby irrevocably authorizes and
~r o~ common Fleas et thc Uommon,.,,~*~ -~.~ , . empowers any attorney of any
them, in any such Court, · -,,,~,,, ~,~renasywama, to appear as attorney for it, them ~r any of
and m its or their name or names, (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 claims, lien or Hens, ' ·
cause to be fled and served, ' filed m violation of thc foregoing COvenant, or
· m thc name of the Subcontractor or any sub-subcontractor or anyone else
acting under or through Subcomractor, ' · .
pleading or instrument, m connecaon vnth such claim or claims, hen or liens, any
to inCOrporate therein, or any an~mdment to any pleading or instrument previously filed by it or them, and
· . as part oftbe record, the waiver contained in this insmunem, and for such act or
acts?is.instrument shall be good and sufficient warrant and authority A teleran .
numl~er m which and wherc this Agreement shall ~,o~ ~ ~-~ ~ .... -y. ~ -- ~ ce to the COurt, term aha
...... o~, mrna snail be conclusive evidence of thc
au~ority hereto COntained to warrant such action, and the Subcontractor, for itself and for them, hereby
~enuses, releases and quit-claims all fights and al/manner of errors, defects and imperfections whatsoever
m entering such satisPac~on or in filing such pleading, '
them. mstnunent or amendment, or m any way COncerning
na~ -- 4. The Subcontractor hereby warrants that no work or ~'
re, tins as yet been dOne and that no mate,~ot ...... ~'-- - ,~t, or whatsoever tonal et
an ~ under ' -,,-,~ .a~ ~ vt~.~s WU~tsOCVcr nave as ·
Y , , towards or in COnnection w~h th~ -~ -. ~ yet been furmshed bv
- .---- -~, rxccuuon or performance of thc COll[liict.
5. This Waiver shall bind thc Subcontractor and its sub-subcontractors, successors, and
assigllS,
and shall nm to thc benefit of thc Owner and its successors,
owners of fee simple title to any of thc Properly. assigns and grantees and all future
of the day IN WITNESS WHEREOF, the undersigned Subcontract. or has executed this instrumem as
and year f~rst above written.
ATTEST:
Delattre Corporation
By~ (SEAL)
Title: ~ -
Shippen Tc, wr~ Cen~t~ Wa/vet' of L/~s
COMMONWEALTH OF PENNSYLVANIA
)
co~o~,%~
Shippen Towr~ Cemre W~iv~r of Li~m
County of Cumberlund, 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