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HomeMy WebLinkAbout04-4255WAIVER OF LIENS THIS INSTRUMENT, executed as of this Z*r' day of d vl~'~ ,2004, by ~l & ~l't~t ,t~T~("Contraetor"), in favor ofS & K Fambus Brands, Inc., with an office at 11100 West Broad Street, Glen Allen, VA 23060 C'Tenant".). WITNESSETH: A. Contractor is or may be a contractor within the meaning of the Mechanic's Lien Law of 1963, as amended (the "Act"). B. Tenant and Contractor have entered into or intended to enter into a certain contract (the "Contract") in connection with certain construction of an S & K store (the "Improvements") at that certain location known as Camp Hill Shopping Center, Camp Hill, Pennsylvania (the "Property"). A legal description of the Property of which the Premises and Improvements are a part is attached hereto as Exhibit A. C. Cedar-Camp Hill ("Owner") is the owner of the Property and has a fee interest in the Property and Improvements and has leased the Property to Tenant. D. Contractor has, by this instrument and the premises contained herein, covenanted, promised and agreed that no mechanics' or materialmen's liens shall be filed or maintained against the Improvements, the Property or the estate or title of Owner and Tenant in the Property or any part hereof, or the appurtenances thereto, either by itself or anyone else acting or claiming through or under it for or on account of any work, labor or materials supplied in the performance of the work constituting the Improvements, or under a supplemental contract or for extra work, or in the ........ , construction or completion of the Improvements on the Property or any appurtenance thereto. NOW, THEREFORE, in consideration of the Contract and the covenants therein contained, and the sum ofTen Dollars ($10.00) paid in hand to Contractor, the receipt and sufficiency of which is hereby acknowledged, with authority to do so, and intending to be legally bound thereby: 1. Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanic's or materialmen's lien or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the Improvements, the Property or the estate or title of Tenant or Owner in the Property or the appurtenances thereto, or any part thereof, by or in the name of Contractor, or any subcontractor, materialmen or laborer acting or claiming through or under Contractor for work done or materials furnished in connection with the Improvements or under the Contract 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. C:\WINDOWS\TEMP\Camp Hill WAIVER OF LIENS -S K_.doc 2. This Agreement waiving the right to 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 or additional contract for extra work in respect of the Property or the Improvements to the same extent as any work and labor done and materials furnished in connection with the Improvements or under the Contract. 3. In order to give Tenant and Owner full power and authority to protect themselves, the Improvements, the Property, the estate or title of Owner and Tenant therein, 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 Conunon Pleas of the Commonwealth of Permsylvania, to appear as Attorney for it, them or any of them, in any such court, and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or cause to be filed and served in connection with such 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 instrument 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 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. 4. In the event any part of this Waiver of Liens is determined to be illegal or unenforceable, such party shall be deemed stricken or reformed and the remainder of this instrument shall be unaffected and remain in full force and effect. 5. This instnlment is made and intended to be filed with the Prothonotary of Montgomery County in accordance with the requirements of the Act. CONTRACTOR: Name: C:\W1NDOWS\TEMP\Camp Hill WAIVER OF LIENS -S K_.doc EXHIBIT "A" Legal Description C:\W1NDOWS\TEMP\Camp Hill WAIVER OF LIENS -S K_.doc 07/16/2004 13:46 8~4-276-1745 ~O~ERT F P~.",t, IELL ~ Pg:~E: ~1/01 LEGAL DESCRIPTION- CAM~ ~m'J'. ~TY A.I./. 'f'KA.T CF~TAIN Irac~ ofground ~u~e in the 'Borough of C.m~. Hill emi t~ Township o£ Fast Pmndeex~ County of Cumb~rl--d and Cc,,m,,.,,w,~dt~ of Pcnnsyiv~ia, ltook 233, Pa~ 1140.