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HomeMy WebLinkAbout07-0033 01- .33 f>1L..O J~ MECHA1~ICSBIJRGFLEXBUILDING: PHASE 2 AND 3 WAIVER OF LIENS Owner: Project: Lower Allen Business Center, L.P.. Mechanicsburg Flex Building: Phase II WAIVER OF LIEN This instrument executed the 2. C'f day of~,.,-113eil.. , 2006, by 'Hze..t'6'tl,. ~~1>L"'(:floQ'. ~(t1oJp. )"li, (the "Contractor"), for the benefit of Lower Allen Business Center, L.P: or~ed and existing under the laws of the Commonwealth of Pennsylvania ("Owner"). WITNESSETH A. Owner intends to enter into an agreement (the "Agreement") with the Contractor, which provides for the Contractor to perform tasks related to the Construction of the Mechanicsburg Flex Building on a tract of ground location in Lower Allen Township, Mechanicsburg, PA. Theiroprovements to be constructed are herein called "Improvements" designated as the Mechanicsburg Flex Building: Phase II for Lower Allen Business Center, L.P., 2121 Old Gatesburg Road, State College, PA 16801. B. By the terms of the Agreement, Contractor will covenant, promise, and agree that no mechanics' or materialmen's liens \vill be filed or maintained against the Improvements or the estate or title of Owner in the System or any part thereof, or the appurtenances thereto, either by itself or anyone else for or on account of any work, labor or materials supplied in the performance of the Agreement, or under any supplemental contract or for extra work, or in the erection, construction or completion of the Improvements on the System or any appurtenance thereto. NOW, THEREFORE, in consideration of the contract and intending to be legally bound hereby: (1) WAIVER OF LIEN. Contractor, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, does hereby waive and relinquish all right to file a mechanic's lien, or notk:e of intention to file any lien, and does hereby covenant, promise and agree, to the extent permitted by law, that no mechanic's lien or other lien of any kind whatsoever shall be fUed or maintained against the Improvements or the estate or title of the Owner or the Improvements or the appurtenances thereto, by or in the name of Contractor, or any subcontractor, materialman or laborer for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements of the System or any part thereof. (2) INDEPENDENT COVENANT. This Agreement waiving the right of lien shall be an independent covenant, shall operate and be effective irrespective of the Owner's performance under the Contract 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 Improvements as to any work and labor done and materials furnished under the Agreement. IDA 0502 CONTRACT CONDITIONS lof3 WAIVER OF LIENS MECHA..NICSBlJRG FLEX BUILDING: PHASE 2 AL'lD 3 LN \VITNESS WHEREOF, the undersigned Contractor has executed this instrument as of the day and year first above written. ATTEST: ~., -. Secretary (SEAL) - - '- ...~ ....... ~ CONTRACTOR: COMMONWEAL TH OF PE.J."lNSYL VANIA: COUNTY OF SS On this, the ~q~ day of ~~~u ., 2006, before me, a Notary Public in and for the personally appeared \\\C1.'-L 6. ~o...~ . who ~ be the \:)'-0... Q{IZ..S\~ of Q<Lm\a.A G:ns\\yc.~r:'~PI~' Commonwealth of Pennsylvania, acknowledged Y\\~elf to C~~~CA\ foregoing instrument for the purposes therein contained. , and that as such officer, being authorized to do so, executed the IN WITNESS WHEREOF, I hereunto set my hand and official seal. -1 ~ ~ .~ J :d. ('l: () o vi ~ >- ~ ~~ ~i ~w if lJ... o r- ...:t' ~ :::>'5( 0-- u~ ." -.c. ~~ s:: ",r (./) ,,;lZ ~'"Z LULU.. . co a.. a ... - - ;a:: oCt C'? t z: 4Cll: ""C) r-- c::J c::J ~ ~Q.(7~' otary Public My Commission Expires: \}..... ~ ...... ~ ~ ......... COMMONW~THOFPENNSYLVAN~ NotarlaI SeeI I Jenrifer A. PIconI, Notary PLtJIc Monaghan Tv.p., York CcllIlly MyComrni&llon Expires May 10.2008 Member, Pennsylvania Association Of NotarIes i r::f. .., _J:'''1 WAIVER OF LIENS