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HomeMy WebLinkAbout94-04381 . No. qLj. L/38/ fYlLD WAIVER OF LIENS THIS AGREEMENT made and concluded thie 4.J1, day of AI'Y1b"- 1994, between Corporate Facilitiee Department, Heridian Bank, ("OWner"), CASI Construction Company, Inc. ("Contractor"). , and of THE BACKGROUND'of this Agreement is as follows I A. By a duly executed written agreement bearing even date herewith (the "Contract") OWner and Contractor have contracted for the renovation of a branch office of Meridian Bank (the "Improvements") said renovations to be performed on real estate described in Exhibit "A" attached (the "Property"). B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's lien or claims would be filed or maintained in the Property or any part thereof, or ths curtilage or curtilages appurtenant thereto, either by himself or anyone else for or performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction, alteration, renovation or completion of the Improvements on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH I 1. Waiver of Liens. The Contractor, for himsslf and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considsrations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or 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 Improvements or the estate or title of OWner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers 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 or the Property or any part thereof, or on credit thereof, and that all eubcontractors, materialmen, and laborers on the 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 furniehed under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. Page 1 .. 2. Indeoendent Covenants. 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 Improvements as to any work and labor done and materials furnished under the Contract. 3. Warrant of Attornev. In order to give the OWner full power and authority to protect iteelf and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or violation of the foregoing covenant, the said Contractor for himself, hereby irrevocably authorizes and empowers any Attorney 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 mark satisfied of record at the cost and expense of the Contractor or of any sub-contractor or materialmen, 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 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 warrant such action, and the Contractor for himself, does hereby remise, release and quit-claim all rights and all manner of errors, defects and impertections whatsoever in entering such satisfaction or in anywise touching or concerning the same, 4. Interoretation, In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require, 5. Filino of Stioulation. This stipulation is made and intended to be filed with the County Prothonotary within ten days after date, in accordance with the requirements of The Mechanics Lien Law of 1963, Act of August 24, 1963 P.C. 1175, No. 497, 49 P.S. 1101 et Sea., in such case provided, as it is presently in effect or as it may be amended. Page 2 r IN WITNESS WHEREOF the said parties have hersunto set their handa and seale the day and year first above written. WITNESSES PRESENT I MERIDIAN BANK CORPORATE FACILITIES DEPARTMENT I ~~ 7/1? ~ vr BYI ~:~''''t, ~,/IJ;#, Titlel $". Vi /1, 'I:f!J (SEAL) Attestl Titlel (SEAL) Datel BYI ~ (SEAL) , A '/"'"' "'.. I '-f,; ~[~EAL) ec Attestl Tit Datel 15 - "?J -'1' 'I' Notel If the Contractor is a corporation, this agreement should be executed by its President or Vice President, ADS its secretary or Treasurer, and the corporate seal impressed, If the Contractor is a partnership, all general partners should execute this agreement I and if the Contractor is an individual or partnership, the signatures should be witnessed. Page J , Deecription of Property I Description of Project I <"-..;. /. ",-,"" WAIVER OF LIENS Exhibit "A" Meridian Bank #8225 Carlisle Bank 604 E. High Street Carlisle, PA Cumberland County General construction and management services for construction of a new branch banking facility including but not limited to demolition of existing structure w/dispoaal and conatruction of a new 3,000 a.f. branch bank. Page 4 l' - - IQ -:r ~ ..... - ~ ~ ~ '-;.. .It -::r ~ en >-,.. - ......... :lC --t,. 0- liJr.:;.i:.t. '> C11 ~;r'--'L Q ~ ~~ (.) ~ ~ "4':l4CI' - ' _, l-- ~__I ~ ' (:::};. ",-;; -r -::r ,,-" 't) .;~hJ ..'.1:...... '-" .a :5c..:.