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HomeMy WebLinkAbout94-07154 . , . , n\ L D 7...../1..... 'flld, - f?.{ C}y- 7/5(1 \~l ,~ ....., WAIVER OF MECHANICS' LIENS 1- r-'; PA - General (Corporate form) WAIVER OF MEC~~ICS' LIENS L;::) I" ?"-.. - '-J.-' THIS WAIVER dated this 21st day of December 1994 made by Potteiger-Raintree, Inc., a corporation ("Subcontractor") in favor of Smith Land Improvement Corp., a Partnership ("Owner") provides I BACKGROUND 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 Potteiger-Raintree, 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, (I) 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 shall be an independent covenant effective notwithstanding any termination, cancellation, invalidity or unenforceability of the Contract or any subcontract or purchase order entered into pursuant thereto. , . 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 its subcontractors, materialmen, suppliers or laborers in connection with the performance of the Contract, In order 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 Axpe~se 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 J.nclude the plural, and the neuter shall be deemed to include the masculine and feminine, 3S the context may require. . . . " EXHIBIT "All ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF LEMOYNE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, BEGINNING at a stake, said staka being on the South sida of Market Street and on the line of the Borough ot Camp HIll; thence along the South side of Market Street, North 70 degrees 20 mInutes East 764.3 teet to a pin at lands now or formerly L, B, Smith, Inc.; thence by the same, South 19 degrees 40 minutes East 386.91 feet to a pin; thence by the same, South 36 degrees 4B minute~ East 613 teet to a pin on the North side of the Gettysburg Pika, Pennsylvania U,S. Route 15; thence by the same South 53 degrees 17 minutes West 144.28 feet to e seakG! thence by the same, South 58 degrees 14 minutes West 477.13 teet to a stake at the Camp Hill Borough line; thence by the same, North 36 degrees 39 minutes West 1165.91 feet to a stake at the Place of BEGINNING, Containing ~9 Acres. BEING the same premises which L.B. Smith, Inc. (also known as L.B. ?mIth, Incorporated), by Indenture bearing date the Eleventh of February, A.D. 1954. and recorded at Carlisle, in the office for the Recorder of Deeds, in and for Cumborland County, Pennsylvania, on March 9, 1954, in Oeed BOOK IIpll, Vol. 15, Page 518, granted and conveyed unto West Shore Plaza, Inc. WHEREAS, West Shore Plaza, ,Inc. IS name was changed to L. B. Smith Industrial Corporation under date of March ?7, 1969. WHEREAS, L. B. Smith Industrial Corporation was merged into Smith Land & Improvement Corporation under date of July 18, 1975.