HomeMy WebLinkAbout95-02741
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WAIVER OF RIGHT TO FILE MECHANICS' LIEN
THIS AGREEMENT is made and entered Into this .'h..6.. day 01 May, 1995, by
and between Brechbill & Helman Construction Co. Inc, 011115 Sheller Avenue,
Chambersburg, Franklin County, Pennsylvania, hereinaller called Contractor, AND
Raskas Cheese Products, a Missouri corporation, 01165 North Meramec Avenue, St.
Louis, Missouri 63105, herElaller called Owner, WITNESSETH:
WHEREAS, the Contractor has entered into a contract with the Owner to provide
materials and labor necessary lor the construction of a process building containing
12,779 square feet along with construction of a 10,000 square foot warehouse upon real
estate of the Owner as hereinaller described;
WHEREAS, Contractor is a contractor within the meaning of the Mechanics' Lien
Law of thB Commonwealth of Pennsylvania;
WHEREAS, Contractor, by this agreement, has promised, covenanted, and
agrBed th8t no mechanics lien or materiBlmen's liens shall be filed or maintBined against
the relll estlltB of the Owner;
NOW, THEREFORE, KNOW VE, it is hereby stipulated and agreed by and
between the Owner and the Contractor, as a part of the contract between the Owner
and the Contractor, and for the considerBtlon therein set forth, as well as other good and
valuable consideration to the ContrBctor In hand paid, the receipt of which Is hereby ,
acknowledged, and Intending to be legally bound hereby, II is hereby agreed as follows: .
1. The Contractor, for itself and anyone else acting or claiming through or
under II, does hereby waive and relinquish all right to filB a mechanic's or materialman's
lien, or notice of Intention to file any lien, and does hereby covenant, promise and agree
that no mechanics lien or any other lien of any kind whatsoever shall be filed or
maintained against the real estate of the Owner, by or In the name of the Contractor or
Bny other contractor or subcontractor, materialman, or laborer acting or claiming through
or under for work done or materials furnished in connection wllh any and all contracts
between the Owner and the Contractor, or by any other party acting through or under
thB Contractor for any labor or materials furnished to or upon the real estate of the
Owner,
2, This agre'3ment waiving the right to filo a mechanics lien shall be B
independent covenant by the Contrector and shall operate and be effective as well with
respect to work done and materials furnished under any supplemental contract for extra
work in connection with any and all work to be performed by the Contractor or their
subcontractors on the real ostate of the Owner.
3. This agreement shall bind the Contractor, any subcontractor,
matBrialmBn, or laborer, or any other person furnishing labor or materials to the said
, Contractor under and pursuant to the contracts between the Contractor and the Owner,
! and shall be effective to waive any and all right to file any Iipn, commonly called a
mechanics' lien, for work done or materials furnished 10 the building or real estate or any
part Ihereof of the Owner for any Improvements to be made to Ihe Owner's real estate.
4, This stipulation is made and intended 10 be filed in the Office of the
II Prothonotary either prior 10 the commencement of the work within ten (10) days alter the
i execution of the said contract, in accordance with the requirements of the Mechanics'
Lien Law of the Commonwealth of Pennsylvania.
I 5. The Owner of the real estate Is Raskas Cheese Products, a Missouri
! corporBtion of 165 North Meramec Avenue, SI. Louis, Missouri 63105, and the real
i estate of the Owner is described as being located at 208 DykemBn Road,
II Shlppensburg, Cumberland County, Pennsylvania.
I
6. The Contractor Is Brechbill & Helman Construction Co., Inc., a
Pennsylvania corporation, with offices located at1115 Shelier Avenue, Franklin County,
Pennsylvania.
IN WITNESS WHEREOF, the Contractor, Intending to be legally bound hereby,
has caused this waiver of mechanics' lien to be executed the day and the year first
above written.
Attest:
Brechbili & Helman Construction
Co., Inc.
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