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HomeMy WebLinkAbout95-03681 . s- LD ~\ I ~\\\~.e. \-\()~ of \\sk no ~ c...~~c..-ncn :H /75. J(y8' I THIS AGREEMENT made and concluded this 10 dayof;::r.;Q.- .1995. BETWEEN THE ALLIANCE HOME OF CARLISLE, PA, INC.. a Pennsylvania non-profit corporation of 770 South Hanover Street, Carlisle, Pennsylvania 17013. party of the first pW1 (hereinafter called Owner), AND HORST CONSTRUCTION, of 566 East Main Street. New Holland. Pennsylvania 17557. pW1y of the second pW1. (hereinafter called Contractor). WHEREAS the said parties have by a duly executed Agreement between Owner and Contractor under seal. bearmg even date herewith, entered into a written contract for the renovation of existing facilities of the Alliance Home at 770 South Hanover Street, Carlisle, Pennsylvania (situate at the northwest corner of South Hanover Street and Noble Boulevard) and for the construction of an additional 46 independent living units at said premises. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder. as well as the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, docs hereby covenant, promise, and agree that no mechanics' lien or claim or other lien or claim of any kmd whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto. by Contractor or by any sub-contractor. malerinlmen. or laborers for work done. or materials furnished under said contract or by any other pW1y acting through or under them or any of them for and about said building or buildings or any pW1 thereof, or on credit thereof. and that all sub-contractors. materialmen and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts. materials furnished and work and labor done, so that there shall not be any legnl or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection. construction, and completion of said buildings as aforesaid, or under any contract for extra work or for work supplementnlthereto or otherwise. AND 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 supplementnl contract for extra work in the erection, construction. and completion of the said building or buildings as any work and labor done and materinls furnished under the contract aforesaid. AND. in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant. the said Contractor for himself. themselves. itself. 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 him. their, its. name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman. or Materinlmen, any and all claims or claim. lien or lien. filed by or for the Contractor. or any Sub-Contractor or Materialman. 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. themselves, itself. do hereby remise, release and quit-claim all rights and all manner of errors. defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year first above written. t.;fh..u, ATIEST. 7L!l5)~ tJi~ THE ALLIANCE HOME OF CARLISLE. PA,INC. rfl ().Jt;;;;~'J'L (SEAL) John D. Hendrickson. Executive Director ~I- '-- e: ~ (\ = 7:> F rt. It. t{> " c..' , ., VI 0 ... 9J .J::. ',.' ,.;.; ~ .j (J.J 0 .r ..! +- l1\ 0 ",ro - ~C' .r- &.a -1 UJ CJ'1 ""8- ]) f -I - , - (t) D!-