HomeMy WebLinkAbout05-4489
J (fit.- ,--?<!~q ULlJ
Law O/fkes
IRWIN & McKNIGHT
611 w... Ponlfrd Strut, ClIr/iIk, Pr"IfSY/wJni417013-JZ22
WAIVER OF LIENS
THIS AGREEMENT. made and concluded this 76-1i day of ~ 2005, between
THE CARLISLE ALLIANCE CHURCH, a Pennsylvania non-protlt eorporatlon, of 237 East North Street, Carlisle,
Pennsylvania, 17013, party of the first part (hereinafter called Owner),
AND
H.W. NAUMAN" SON, INC,. T/A NAUMAN CONSTRUCTION, a Pennsylvania business eorporatlon, of 351 Sprecher
Road. Lancaster, Pennsylvania, 17603, party of the second part (hereinafter called ContraclDr).
WHEREAS, the said plU1ies have by a duly executed agreement under seal, dated lune 27, 2005. for construction ora 2 story
addition to the existing church building and related work upon those certain lots of land known at 237 East North Street Carlisle Borough,
Carlisle, Cumberland County, Pennsylvania 17013, and more particularly described on that Deed to Owner daled January 7th, 1985, and
recorded in the Office of the Recorder of Deeds for Cumberland County in Record BookB, Volume 31, Page 447.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the conltact aforesaid and the
considerntion mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or
before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenan~ promise and agree
that no mechanics' lien 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 Contractor or by any sub-con1raclor, materialmen or laborers for work done
or materials furnished under said conttacl 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 sub-contractors, materialmen, and laborers on said work shall look to and
hold Contractor personally liable for all sub-contnlClS, materials furnished and work and labor done, so that there 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 conltact for extra work, or work supplemental thereto.
or otherwise.
AND this Agreement waiving the right of 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 contract for extra work in the erection, construction and completion
of said building or buildings as to any work and labor done and materials furnished under the contract aforesaid.
AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all
claims filed by theContrnctor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for
himself, themselves, itself, hereby irrevocably authorizes and empowers any Atromey of any Court of Common Pleas of the
Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as AttorneY for
him, them or it and in his, their, its, name, marl< satisfied of tceOrd at the cost and expense of the Con\raC1Or or of any Sub-Contractor or
Materialman, or Material men. any and all claims or claim, lien or liens, filed by or for the Contractor, or any SUb-Contractor or Material
man, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall
he good and sufficient warrant and authority, and a reference to the Court, Tenn and Number in which and where this Agreement shall
have been filed shall he a sufficient exhibit of the Authority herein contained to warrant such action, and the ContrllCtor for himself,
themselves, itself, do hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in
entering such satisfaction or in any- wise touching or concerning the same.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written.
ATTEST:
THE CARLISLE ALLIANCE CHURCH
~/ 2.5 -05
8Y~~~_LJ
1 t9~)1 ~
BY: & a..J/-'2.- [ (SEAL)
Se'-K~-tG,(/1 Go,..~","S ~~~d
g - ), 5 - 05
H. W. NAUMAN & SON, INC., T/A NAUMAN
CONSTRUCTION
'73 ,; fJ-Ct ) oS
By:)~~JXLi\D~~~L)
2
~~fb
~:s ~.
D -"""d-\
;J
~.
D\
~ )
~
~
~
o
c:
~"
"-.,
c:.::>
c::-.....
en
:z,.
c:
C~
G)
o
."
-<
::C."
fl1r::
-;..,1"1,
--'J(?
~-.:ig
':::.~~~'
,~j
}~
.<
<0
Ul
(..,