HomeMy WebLinkAbout01-4827WAIVER OF LI~;NS 7ga o/- ¥£-~ ?,*,z~ ~
THIS AGREEMENT made this I,~''m day of ~, 20_0_j., between United Way of
the Capital Region, party of the first part (hereinafter called Owner), and ~q-~ nn 1 'l. ~'nc~. ,q_ h. n.
M~ d-~q~-~-~ , party of the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed Agreement under seal, entered into a written
contract for construction of a new facility at Millennium Way in Hampden Township, Cumberland County,
Pennsylvania.
WHEREAS, by thc terms of tile Contract aforesaid file Contractor. covcnantcd, promised, and
agreed that no mecharfics' or materiahnen's lien or claims would be filed or maintained against the said
building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself
or anyone else for or on account of any work, labor, or materials supplied in file performance of tile said
Contract, or under any supplemental Contract or for extra work, in the erection, constrnction, or
completion of tile said building or buildings or- any of thc cm'lilagc appurtenant thereto.
NOW THlS AGREEMENT WITNESSETtI: That tile Contractor, for himself and anyone else
actiog or claiming through or under him, Ibr aud iu consideratiou of the Contract aforesaid and file
considerations of the Contract aforesaid and tile considerations mentioned thereunder, as well as the further
consideration of one ($1.00) dollar to him in hand paid by file Owner at or before the scaling and delivery
of these presents, the receipt whereof is hereby acknowledged, does hereby waive and relinquish all right
to file a mechanics' lieu, claim, or notice of iutcntion to file any lien claim, and does hereby covenant,
promise, and agree that no mechanics' lieu or claim or other lien or claim of any kind whatsoever shall be
filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto,
by or io file name of Contractor or any subcontractors, materialmen, or laborers for work done or materials
furnished under said Contract or by any other party acting through or under them or any of them for and
about said building or buildings, or any part thereof, or on credit thereof, and that all subcontractors,
materialmen, and laborers on said work shall look to and hold Contractor personally liable for all
subcoutracts, materials furnished, and work and labor done, so that fllere shall not be any legal or lawful
claim of any kind whatever against Owner for any work done or labor or materials furnished under said
Contract for and about the erection, construction, and completion of said buildings as aforesaid, or under
any Contract for extra work or for work supplemental thereof, or otherwise.
AND this Agreement waiving thc right of lien shall be an independent covenant and shall operate
and be cffective as well with respect to work done and materials furnished under any supplemental Contract
for extra work in thc erection, construction, and completion of the said building or buildings as to any work
and labor done and materials furnished under tile Contract aforesaid.
AND, iu order to give tile Owner full power and authority to protect himself, thc lot or lots of
ground, and the building or buildings, and the curtilage or curtilages appurtenant thereto, against any and
all liens or claims filed by tile Contractor or auyonc acting under or thruugh him or if in violation of file
foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocable authorizes and
empowers any Attorney or any Court of Common Pleas of tile Commonwealth of Pennsylvania, to appear
as Anorney for him, them, it, or any of them, in any such Court and in his or their name or names, mark
satisfied of record at the cost and expense of file Contractor or of any Subcontractor or Materialman, any
and all claim or claims, lien or liens, filed in violation of file foregoing coveuant, or cause to be filed in
20002020 WL-1
connection with such claim or claims, lien or liens (in the name of the Contractor or any Subcontractor or
anyone else acting under or through him) any pleading or instrument, or any amendment to any pleading
or instrument previously filed by him or them, 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, and a reference to the Court, Term, and Number in which and where this Agreement shall
have been filed shall be a sufficient exhibit of the authority herein contained to warranty such action, and
the Contractor for himself and for them does hereby remise, release, and quitclaim 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.
IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the day
and year first above written.
WITNESSES PRESENT:
Winall, Inc. d.b.a. Mid-State
CONTRACTOR
(Seal'}
/J. Micna~ Neiswender, Vice President
20002020