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Home My WebLink About05-2034 I' , ,(is" ,;;e>] '/ It1. "./) WANER OF LIEN This instrument executed the /47H day of ,47> l?-J L. 2CJC>/?, by /!PV/lNCE '7/1NJ.t:.. a Co;12Pc>RA77CJI-/ ("Contractor"), for the benefit of Aqua Pennsylvania, Inc., a Pennsylvania for Profit Corporation ("Owner"). WITNESSETH A. Owner has entered into an agreement with Contractor (the "Contract") which provides for the construction by Contractor of water facilities ("Project") located in Monroe Township, Cumberland County, Pennsylvania. The improvements to be constructed are herein called the "Project" and are part of an existing water supply, transmission and distribution system more fully described on Exhibit "A" attached to the Loan Agreement. Owner has fee simple title to the System. B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's liens will be filed or maintained against the Project or the estate or title of Owner in the System or any part thereof, or the appurtenances thereto, either by itself or anyone else for pr on account of any work, labor or materials supplied in the performance of the Contract or under any fupplemental contract or for extra work, or in the erection, construction or completion of the Project on jhe System or any appurtenance thereto. NOW THEREFORE, in consideration of the contract and intending to be legally bound hereby: (1) WAIVER OF LIEN, Contractor, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, does bereby waive and relinquish all right to file a niIechanic's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree to the e)<.tent permitted by law, that no mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the Project or the estate or title of the O\'lller in the System or the Project or the awpurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman or laborer for work done or materials furnished under the Contract or by any other party acting through or under them on any ofthem for and about the Project or the System or any part thereof. I " . (2) INDEPENDENT COVENANT. This Agreement waiving the rigbt of lien shaH be an independent covenant, shaH operate and be effective irrespective of Owner's performance under the Contract and shaH operate and be effective 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 Project as to any work and labor done and materials furnished under the Contract. (3) REMOVAL OF ANY LIEN. If any such mechanic's lien or other lien of any kind whatsoever shall be filed or maintained against the Project or the estate or title of the Owner in the System or appurtenances thereto, Contractor promptly and at its expense shall cause such lien to be removed or satisfied. (4) POWER OF ATTORNEY TO SATISFY LIEN, In order to give Owner fuH power and iauthority to protect itself, the Project, the System, the estate or title of the Owner therein, and the \appurtenances thereto, against any and all liens filed by the Contractor or anyone acting under or through iit in violation of the foregoing covenant, the Contractor, to the extent pern1itted by law, hereby i lrrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth Qf Pennsylvania, to appear as Attorney for it, them or any of them, in any such Court, and in its or their *ame or names, to the extent permitted by law, mark satisfied of record at the cost and expense of the (\:ontractor or 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 i~strument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate t~erein, as part of the record, the waiver contained in this instrument, and for such act or acts this iIjstrument shall be good and sufficient warrant and authority, and a reference to the court, term and i n1\1mber in which and where this Agreement shall have been filed shall be conclusive evidence of the a4thority herein contained to warrant such action, and the Contractor for itself and, to the extent permitted bYr law, for them does hereby remise, release and quitclaim aH rights and aH manners of errors, defects anfi imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or antendment, or in any way concerning them, (5) WORK NOT COMMENCED. Contractor hereby represents and warrants that no work of ~ny kind or nature has yet been done on the Project and no materials whatsoever have as yet been furjlished to the Project by anyone under, toward or in connection with the execution or performance of , the \Contract and that no such work shall be done and no such materials shaH be furnished until receipt of notijce from Owner authorizing the same. . (6) FILING WITH PROTHONOTARY. This instrument is made and intended to be [,led with the Prothonotary in accordance with the requirements of Section 1402 of the Mechanics Lien Law of 1963 and the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the undersigned Contractor has executed this instrument as of the day and year first above written. ATTEST: CONTRACTOR: Api/.4f./LE 7/;iI~ AI.J'D L/, 'S:-: 8H~~:_~. {If-/L.. z;g;?P:F';;d!; 1::-r7.;;./ ~ IZ&:; RG4/C>I../ 4f-. fflAJ-//;;;;;;;; >EE ATTAC/-IF-p J2E5&t-v'TtcH (SEAL) cm.1MOl'l'NEt.LTII OF PEN'J>ISYLV ANL^.: :Ii >T./I7E OF :E'u-/)../O!> COUNTY OF IAI! i.I- .+.- On this, 14TH day of ,4P1ZI/.... ,z.c,01i, a Notary Public in and for the ,c;>'.fit/7'E of :rt-t-II~DI5 CElmm6R',:ealtll sf PsmwywaRia personally appeared 4,:;- WI'; hC;1<u.t.:2/;who acknowledged self to be the P~/()H4f-.I!1"JJA.;E1Z of Apl/AI-UF hfl-l/4:.. a ~i>~POFZ,4-nI'7H . and that as such officer, being authorized to do so, executed the foregoing instrument for the purposed therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,/ "OfflCW. SEAl: lIIllII8. ........ "'Mlc.IllIII"'_ lllrCllmmllllmflqlN M. tf._ ~~J~~ \ .' ># ,;;;'i'';:/' ~ 'J.if .J{;. :r _~~cl",.,i-,.,'"",j4...;;.,:q:;'~;~';,'Hi;<ej,.;J;".,,~.~........-It;'ir& TANK AND CONSTRUCTION CO. CERTIFIBD COpy OF RESOLUTION I, JAMES S. CLAY, do hereby certify that I am duly elected and qualified Assistant Secretary and the keeper of the records and corporate seal of ADVANCE TANK AND CONSTRUCTION CO., a Wyoming corporation, and the following is a true and correct copy of a resolution unanimously adopted on October 21, 1992, by all the directors in accordance with the law and the By-Laws of said corporation, and that such resolution is in full force and effect and is not in contravention of or in conflict with the By-Laws or the Articles of Incorporation of said corporation: RESOLVED, that Geoffrey S. Van Alsburg be allowed to execute on behalf of this Corporation bid proposals, contracts, and bonds provided that the amount of the bid proposal or contract for any particular job shall not exceed the sum of $2,000,000.00. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary and have caused the corporate seal of said corporation to be hereunto affixed, this ./.!LC,,!___day of AEE-..1~___' 20~. <C~ ~'~ U ---~--secre--~!"-------- (8 E A L ) i fttJ-f Ii" P.O. Box 219 . Wellington, Colorado 80549-0219 . Office (970) 568-3444 . Fax (970) 568-3435 ~ " C\ ,:","1 -n "'- :.:J ,,/,\ 1;~ :"---,! ~ \". !'..j '\ C....; ~ ~ ~"'-... N:.. "'- ~"':i ~;.--" en f'~ 'U C,Z 0". - --- " " 'U " "\' r c' ",' ,\, ~ ~.._.......-,...--