HomeMy WebLinkAbout06-1852
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WAIVER OF LIENS
This instrument is executed this 7th day of March, 2006 by High Associates, Ltd with an office at
1853 William Penn Way, Lancaster, P A 17605-0008 ("Contmctor"), in wor of High Properties,
with an office at 1853 William Penn Way Lancaster, PA 17605-0008 ("Owner").
WITNESSETH:
A. ContIactor is or may be a contractor within the meaning of the Pennsylvania mechanics"
Lien Law of 1%3, 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 5040 Louise
Drive Mechanicsburg, PA 17055 in Cmnberland County, PA (the "Property"). Any and all construction
improvements on the Property or thereto or therein are hcrdnafter collectively referred to as the "Improvements".
C. Owner and Contractor have entered into or intend to enter into a certain Design/Builder's
Agreement (the "Contract") in connection with 11,218 square feet of alterations and improvements.
D. Contractor has, by this instrument and the premises contained herein, covenanted,
promised and agreed that no mechanics' or materialmen's liens shall be filed or maintained ag;rinst 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 wod<, labor or
materials supplied in the performance of the work under the Contract, or under any supplemental contract or for
extra work in the erection, construction or completion of the improvements or any appurtenance to the
improvements or Property.
I. Contractor, fur 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 ag;rinst the improvements or the estate or title of Owner in the Property or the appurtenances thereto,
by or in the name of ContIactor, or any subcontractor, materialman, laborer or consultant acting or claiming through
or under Architect for work done or materials furnished in counection 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 effective as well with respect to work done and materials furnished under any supplemental contIact
for extra work in the design, erection, construction 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, ag;rinst 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, marIc 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 instrument, or any amendment to any pleading or instrument 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 instrument or a copy thereof shall be good and sufficient warrant and authority. A reference to the coUrt, tenn
and number in which and where this instrument shall have been filed shall be conclusive evidence of the authority
herein contained to warrant such action, and the Contractor, fur 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, instrument or amen1hneot. or in any way concerning them
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4. This instmment is made and may be filed with the Prothonotary of Cumberland County
in accordance with the requirements of the Act
5. In the event any part oftbis Waiver of Liens is determined to be illegal or unenforceable,
it sbaII be deemed stricken or reformed and the remainder of this instnnnent sbaII be unaffected and remain in full
force and effect.
IN WITNESS WHEREOF, Contractor bas executed this instmment on the day and year first
above written.
CONTRACTOR:
mGH ~~IAlE~, Lt~ 1imi~ liability company
BY:~<~
Print Name: ~'l..;' ~ E.....c..t::'L
Title: t-'\........o..G,cTl..- ... e;=~C1lw"-"'-=N
STAlEOF \.-~'(\Il;"\J\V(\nlc.
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COUNTYOF LQn[",-c-,,\:: to ('
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ON TIllS, the - day of Me', ren , 200G, before me, a Notary Public, the
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undersigned officer, personally appeared \ L." l .- t ~. to 11'3 e \ . who acknowledged
himselUherseIfto be the fV\y (~ (' u(\'~h: u~fHigh Associates, Ltd, LLC and that (s) he, as snch
officer, being anthorized so to do, executed the foregoing instrument for the purpose therein contained by signing
the name of the corporation by bimselUherseIf as snch officer.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
U\~lJ. ~ H{'~(:L50
Notary Public
My Commission Expires:
"'OMMONWEALTH OF PENNSYLVANIA
Notaria] Sea]
Kelly L. Roeder, Notary Public
e..t Llmpeter Twp., Lancaster County
My Commission Expires May 3, 2008
Member, PennsVI'.''l.nia Association of Notaries
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