Loading...
HomeMy WebLinkAbout94-06166 ,vo. qLf- &1/tJt !-1LD T.t(,~ '. .. WAIVER OF MECHANICS' LIENS PA - General (Corporate form) WAIVER OF MECHANICS' LIENS THIS WAIVER dated this 4th day 0 f October 1994 made by Leon E. Wintermyer, Inc" a corporation ("Subcontractor") in favor of Smithland Improvement Corp., a partnership ("Owner") provides I BACKGROUN~ A, Owner is the record owner of fee simple title to certain real property comprising 16.9 acres of ground situate in Lemoyne Township, Cumberland County, Pennsylvania, described by metes and bounds in Exhibit "A" attached hereto (the "property"). B, Kravco Company, as agent for Owner has entered into a contract (the "Contract") with Leon E. Wintermyer, Inc. to perform certain construction at a portion of the Property as set forth therein (the "Work"). AGREEMENT Subcontractor, for the consideration mentioned in the Contract, does hereby, for Subcontractor and each and every of its subcontractors, materialmen, suppliers and laborers, if any, (1) covenant and agree that no mechanic'S claim or lien of any kind whatsoever shall be filed or maintained by Subcontractor or by any of its subcontractors, materialmen, suppliers or laborers con- tracting with or employed by Subcontractor, against the Property or any part thereof, or any building or improvements presently located or hereafter constructed or erected or installed thereon, for or on account of any work done or materials furnished by Subcontractor or any of its subcontractors, materialmen, suppliers or laborers, or anyone, under their contracts or otherwise, for, toward, in or about the aforesaid Work, (2) waive and relinquish the right to have, file or maintain any mechanic's liens or claims against the Property or any part thereof or any of such buildings or improvements, and (3) agree that this agreement waiving the right to lien ~hall be an independent covenant effective notwi thstanding any termination, cancellation, invalidity or unenforceability of the Contract or any subcontract or purchase order entered into pursuant thereto. - 1 - , .' . AND Subcontractor hereby represents and warrants that no work of any kind has as yet been done by it on the Property or otherwise and no materials have as yet been furnished by it or ita subcontractors, materialmen, suppliers or laborers in connection with the performance of the Contract. In ordar to give the Owner full power and authority to protect itself, the Property and the curtilage or curtilages appurtenant thereto, against any and all liens or claims filed by Subcontractor, its subcontractors, materialmen, suppliers or laborers or anyone acting under or through Subcontractor and against any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, Subcontractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common pleas of the State of Pennsylvania to appear as attorney for it, him, them or any of them, in any such Court, and in its, his or their name or names, (a) to the extent permitted by law, mark satisfied of record at the cost and expense of Subcontractor or of any of its subcontractors, materialmen, suppliers or laborers, any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, or (b) cause to be filed and served in connection with such claim or claims lien or liens (in the name of Subcontractor or any of its subcontractors 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 and 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 warrant such action, and Subcontractor 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 the event Subcontractor 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 "Subcontractor" 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. - :I - /1~/" $ )0.'/1/.';- Atte,-t , IN WITNESS WHEREOF, and intending to be legally bound hereby, Subcontractor has caused this agreement to be duly executed, the day and year aforesaid. Leon E. Wintermyer, Inc. BYI '-~//'"': ~~ ./P~nt - Leon E. Wintermyer - [CORPORATE SEAL] STATE OF GCA COUNTY OF SS, Before this State, 0 s personally appeared known to be the ident al person W 0 subscr ed Corporation to the foregoing instrument as its < and acknowledged to me that same as /J.. ;)-' free and voluntary act and dee , an as the free and voluntary act and deed of such Corporation for the uses and purposes therein set forth, , a Notary Public in and for , 199~, , to me the ) (SEAL) /,t~dt-<~ 4 ) }~L " F10tary Public M Commiss iqILExp i rA., Nnl,'rl~.1 ';1',,1 $nrdr.lC ~"i\I!'r ijl.:;..r'J I..~/I!; .. . ,'.f,' """""\!.J Lemnyn,-"' U."IJ, ,I,",,:::: I\J ',' " . My COI1HTlI:\',Y',p \:",,- __1,,_11 '-. _. _,,J Hml~~p~~n~.~i,~.:,;-;,~ i "~,~~.':< ': :,1<.1, ')1 j ,JQt:it'm '~';;) ., ...... " ,', I~:j ( 1 '.. ,;",---b ;,1,..-.; . 2( ... - 3 - '" " , J " 1 f' n, , I , , . ','/;' ::rF' ';, , , , , , , , "j. I ~"..1 , 'i " , , , " , i~: '. 'r"r:~ e " ~. ..~l '" ',' , , Jr" , , ">1',1 ".f' Ii: ",pf.:'*""i~~ ~,( /- Jr.- " ' ......I~"i J~ "i "'\'; ,~i:>, .' ..,.,...~.. ....:,.1' -<4h~_'1 ,.,! "1 ,I't~,,' ;~:'>~~ ,~~. (t' ',' 1,,1>. " 1 ' 'I Ii '.. ", .....,i ",11, .0 .. i , " 'MIHI"liU " ' ."~l\~~l\\I_M ~ '\'IIl~L'f."I. . ", ID.I,lI yxJ' cl....~r~ ~,. 17 q 3' " ,J I" ........--.... 'T ii. "", ,i' , ,J ,'. ! " .' I: ~ . ~ It . I'''' .. '. .' ':"" , , I 'I I~ I "1" , "~"~I' ,';' ~jr.( lr' I" ",;';'1 I ,~ I . . , " , ",1 ,I' " ", :1 oj "'I, I.' " , " " , n! " ..il.