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HomeMy WebLinkAbout05-2876 !J !: - ;;2?i)(., I1A.. L)) WAIVER OF LIENS This instrument is executed this 3rd day of May, 2005 by High Associates, Ltd. with an office at 1853 William Penn Way, Lancaster, PA 17605 ("Contractor"), in favor of High Properties, with an office at 1853 William Penn Way, Lancaster, PA 17605 (''Owner''). WITNESSETH: A. Contractor is or may be a contractor within the meaning of the Pennsylvania mechanics" Lien Law of 1963, as the same may be amended from time to time (the "Mechanics Lien Law"). B. Owner is the owner of those certain premises more particularly described at 5020 Richard Lane, Upper Allen Township, ClDllberland County, PA 17055 (the "Property"). Any and all construction improvements on the Property or thereto or therein are hereinafter collectively referred to as the "Improvements", C, Owner and Contractor have entered into or intend to enter into a certain DesignlBuilder's Agreement (the "Contract") in connection with alterations of approximately 40,000 square foot building and related improvements. D. Contractor has, by this instrwnent and the premises contained herein, covenanted, promised and agreed that no mechanics' or materialmen's liens shall be filed or maintained against the improvements or the estate or title of any Owner in the Property or any part thereof, 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 ofthe work under the Contract, or under any supplemental contract or for extra work in the erection, construction or completion ofthe improvements or any appurtenance to the improvements or Property. I. Contractor, for itself and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanics' or materialmen's lien, or notice of intention to file any lien, and does hereby covenant, promise and agree that no mechanics' lien or other lien of any kind whatsoever shall be filed or maintained against the improvements or the estate or title of Owner in the Properly or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman, laborer or consultant acting or claiming through or under Architect for work dooe 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 an about the improvements, the Property, or any part thereof. 2, This Waiver of Liens waiving the right of lien shall be an independent covenant and shall operate and be eflective as well with respect to work done and materials furnished under any supplemental contract for extra work in the design, erection, constructioo and completion of 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 Owner full power and authority to protect itself, the improvements, the Property, the estate or title of Owner 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 covenants, Contractor, knowing and upon advice of separate counsel, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the 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 names, to the extent permitted by law, mark satisfied of record at the cost and expense of the Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenants, or cause to be filed and served in connection with such lien or liens any pleading or instrwnent, or any amenclment to any pleading or instrwnent previously filed by it or them, and to incorporate therein, as part of the record, the waiver and release contained in this instrument, and for such act or acts .... ~ this instrwnent or a copy thereof shall be good and sufficient warrant and authority. A reference to the court, term and nwnber in which and where this instrmnent shall have been filed shall be conclusive evidence of the authority herein contained to warrant such action, and the Contractor, for itself, and for them, hereby remises, releases and quit-claims all rights and all manner of error, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrmnent or amendment, or in any way concerning them. 4. This instrwnent is made and may be filed with the Prothonotary ofCwnber1and COWlty in accordance with the requirements of the Act. 5. In the event any part of this Waiver of Liens is determined to be illegal or Wlenforceab1e, it shall be deemed stricken or reformed and the remainder of this instrmnent shall be unaffected and remain in full force and effect. IN WITNESS WHEREOF, Contractor has executed this instrwnent on the day and year first above written. bility company By: Title: "1 ~ I>o..C, ",-..L t::. }o..\.C...,~ CC>N..S"L . ~..". STATE OF PBf!\l WO/PoI\JIb4 COUNTYOF L..AkJ('.F)STE~ ON TillS, the 3rcl day of mO tJ ,2005, before me, a Notary Public, the undersigned officer, personally appeared 1'< r I """ (2... ~~ ' who acknowledged himse1l7herselfto be the ('YOn~OP ('.m\tir'. of High Associates, Ltd., LLC and that (s) he, as such officer, being authorized so to do, executed the foregoing instrmnent fur the purpose therein contained by signing the name of the corporation by himsell7herselfas such officer. IN WITNESS WHEREOF, I have hereWlto set my hand and official seal. SS Lf<) t1 A OM) 'fY). e.o I' Y'J M9., ./ Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Karen M. Edwards, Notary Public East Lampeter Twp.. Lancasler County My Commission Expires 0cl21, 2008 Member. 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