HomeMy WebLinkAbout01-4984WAIVER OF LIENS
THIS AGREEMENT made this 22nd day of August ,2001, between United Way of
the Capital Region, party of the first part (hereinafter called Owner), and Herre Bros., Inc.
, party of the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed Agreemem under seal, entered into a written
contract for construction of a new facility at Millermimn Way in Hampden Township, Cumberland County,
Pennsylvania.
WHEREAS, by the terms of the Contract aforesaid the Contractor covenanted, promised, and
agreed that no mechanics' or mater/almen'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 the performance of the said
Contract, or under any supplemental Contract or for extra work, in the erection, construction, or
completion of the said building or buildings or any of the curtilage appurtenant thereto.
NOW THIS AGREEMENT WITNESSETH: T'nat the Contractor, for himself and anyone else
acting or claiming through or under him, for and in consideration of the Contract aforesaid and the
considerations of the Contract aforesaid and the considerations 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 waive and relinquish all right
to file a mechanics' lien, claim, or notice of intention to file any lien claim, and does hereby covenant,
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 or in the name of Contractor or any subcontractors, materialmen, or laborers for work done or materials
furnished under said Contract or by any other parry 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 ail subcontractors,
materialmen, and laborers on said work shall look to and hold Contractor personally liable for all
subcontracts, 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 famished 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 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 the 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, the lot or lots of
ground, and the building or buildings, and the curtilage or currilages appurtenant thereto, against any and
all liens or claims filed by the Contractor or anyone acting under or through him or if in violation of the
foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocable authorizes and
empowers any Attorney or any Court of Common Pleas of the Commonwealth of Permsylvania, to appear
as Attorney 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 the Contractor or of any Subcontractor or Materialman, any
and all claim or claims, lien or liens, filed in violation of the foregoing covenant, or cause to be filed in
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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:
United Way of the
~sident/CEO
(Seml)
. _ CONT}(AC r01
Brenda J. Davis, Secretary
Herr? Bros., Inc. f- (Seal)
'St{aron L~ ~f'l~eilly, Vi'~t'resident
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