HomeMy WebLinkAbout94-03880
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~ANICS LIEN WAIVER \' (at. I'
THIS MECHANIC'S LIEN WAIVER is entered into this d day of
June, 1994, with PACE/CM, INC., a Pennsylvania corporation
("contractor") which is to provide materials and perform labor
neceBBary for the conBtruction of an air emiBBion teBting facility
and related improvementB (the "project") on the property
particularly described on mrnibit "A" attached hereto and made a
part hereof (the "Property"), purBuant to the terms and conditionB
of that certain contract dated April 15, 1994 (the "Contract") by
and between Contractor and ENVIROTEBT P1\RTNERS, a PennBylvania
partnerBhip formerly known aB ENVIRO'l'EST/SYNTERRA PARTNERS
("Owner") .
WHEREAS, br the terms of the Contract, the Contractor
covenanted, prom sed and agreed that no mechanics' or materialmen' B
lienB or claimB would be filed or maintained againBt the Property,
either by himself or anyone else for or on account of any work,
labor or materials supplied in the performance of the Contract.
NOW, THEREFORE, intending to be legally bound hereby, it iB
Btipulated and agreed for the conBideration therein set forth the
Contractor doeB hereby waive and relinquish all right to file a
mechanic'B lien or notice of intention to file any lien or claim,
and neither the Contractor nor any Bubcontractor, Bupplier or
materialman, nor any other person furnishing labor, equipment or
materialB to the Contractor under the Contract, Bhall file a claim
or lien, commonly called a mechanic'B lien or notice of intention
for Bame, within the meaning of Pennsylvania StatuteB 49 51101, ~
~., for work done or materialB furnished to the Project, related
improvementB or any part thereof.
ThiB Btipulation and agreement waiving the right of lien Bhall
be an independent covenant and Bhall also operate and be effective
with reBpect to work done and materialB furniBhed under any
Bupplemental contract or arrangement for extra work in connection
with the improvements at the Project.
In the event any mechanic'B lien or notice of intention or
claim iB filed by the contractor, or any person, firm, entity or
corporation claiming under, through or against the Contractor, the
Contractor for itself and all such persons, firms, entities or
corporations shall indemnify, defend and hold Owner and any
mortgagee secured by the Property harmless from any and all claims,
expenBeB, losses or damageB and hereby irrevocably wai veB any right
to jury trial in any action to Btrike or diBcharge the lien.
If the Contractor or any perBon, firm, entity or corporation
claiming under, through or against the Contractor files a
mechanic'B lien, notwithBtanding thiB waiver, Owner or any
mortgagee Bhall have the right to discharge the lien by appropriate
legal proceedings and to retain, out of any payment then due or
thereafter to become due to the Contractor, an amount sufficient to
COMMONWEALTH OF PENNSYLVANIA I
I ss
COUNTY OF I
On this /3#/ day of \ / ,1,'ve:. , 199::{, before me, the
undersigned Notary Pub I ~ for the t te and county as aforesaid,
personally appeared " 1'" . ,<' , who
acknowledged himself/herself to be the of
PACE/CM, INC., a Pennsylvania corporation, and that he/shs as such
officer executed the foregoing instrument for the purposes therein
contained.
IN WITNESS WHEREOF, I have
seal.
and official
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EXHIBIT A
ALL the fOllowing described real estate situate in South
Middleton Township, Cumberland County, Pennsylvania, bounded and
described as shown on that certain survey prepared by Statler -
Brehm Assooiates, Ino., dated June 20, 1994, as follows I
BEGINNING at the point of intersection of the northern line of
Commeroe Avenue and the line of adjoiner between Lots Nos. 14 and
15 on the hereinafter mentioned Plan of Lots; thence (1) North 17'
57' 41" East 227.99 feet to an iron pin; thence (2) South 86' 13'
16" East 240.00 feet to an iron pin; thence (3) South 13' 38' 34"
East 149.32 feet to a point; thence (4) South 59' 09' 45" liest by
Lot No. 16 for the distanoe of 276.08 feet to the northern line of
Commerce Avenue; thence (5) in a northwesterly direction on a ourve
to the left with a radius of 225.00 feet for a distance of 140.00
feet to the place of beginning.
CONTAINING 1.59 acres, more or less.
BEING Lot No. 15 on Final Minor subdivision Plan for MoCoy Business
center, said Plan being recorded in Cumberland County Reoorders'
Office in Plan Book 61, Page 121 and 121-A
BEING part of the same premises which become vested in McCoy
Business Center, a Pennsylvania General Partnership, by deed dated
January 8, 1988 and recorded in the Cumberland County Reoorders'
Office in Deed Book 33-0, page 341.
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