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HomeMy WebLinkAbout95-06804 "..........q :'J"":"'''-.,'''.'-- .' -,.,"'..;,- -,.. ....~.....,,-,.......-;... '.. ~ ~ s ...& fO 'I L 0 {3/r1?- A- ~ 5.)(.. Ik{eS,ffU:. ~ R~55&t.L mec.hA-fl/ICA-L , 9~ - 6,;->04 m(i) Project Name: AMERICAN HOUSE WAIVER OF LIENS. SUBCONTRACTOR KNOW ALL BY THESE PRESENTS, That contemporaneously with the execution hereof, an agreement has been entered into between LOBAR ASSOCIATES, INC., a PeMsylvania corporation. with a principal place of business Bt 4 Barlo Circle, P.O. Box 432, Dillsburg. PeMSylvania 17019-0432. ("Contractor"), AND r~~ft~~ .' "~wi~~~n~~~J;J~~f business at lL- Dr'r ("Subcontractor") relating to the construction and/or retia IIitation of a housing project upon the real estate located at 20-26 Market Street, Mechanicsburg, Cumberland County, PeMsylvania and described in Exhibit A, attached hereto and made a part hereof (the "Agreement") owned by AMERICAN HOUSE LIMITED PARTNERSHIP, a PeMsylvania limited partnership, with offices at 1514 Derry Street. Harrisburg, PeMsylvania 17104, NOW, THEREFORE, intending to be legally bound hereby, at the time of and immediately before the execution of the Agreement, and before any authority has been given by Contractor to Subcontractor to commence work on said housing project, for and in consideration of the making of the Agreement with Contractor, Subcontractor does hereby. for Subcontractor and any and all subcontractors. material suppliers and panies acting or claiming for, through or under Subcontractor, including, inter alia. any mechanical or electrical engineer, construction , engineer or civil engineer, covenant and agree with Owner and PENNSYLVANIA HOUSING FINANCE AGENCY that no mechanics' liens or claims shall be filed or maintained by Subcontractor. or any of them. against the real estate described in Exhibit A attached hereto, or the buildings thereon, for or on account of any work done or materials furnished under the Agreement or under Bny supplemental contract, verbal or written. or contract for extra work in or Bbout the rehabilitation and/or construction and completion of said project. or otherwise; and Subcontractor, for Subcontractor and any and all subcontractors, material suppliers and parties acting or claiming through or under Subcontractor, them or any of them, including, inter alia, any mechanical or electrical engineer. construction engineer or civil engineer, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against the real estate or buildings. This Waiver 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 rehabilitation, construction and completion of the housing project as to any work and labor done and materials furnished under the Agreement. Waiver of Liens-Subcontractor Project: American House (0-371) Page I of 3 In order to give Owner. PENNSYLVANIA HOUSING FINANCE AGENCY and Contractor full power and authority to protect the real estate and buildings against any and all mechanics' liens or claims filed by Subcontractor or anyone acting or claiming for, through or under Subcontractor or in violation of the Agreement or this Waiver, Subcontractor, for itself and all subcontractors, material suppliers and panies acting or claiming for, through or under Subcontractor. including, inter alia. any mechanical or electrical engineer, constNction engineer or civil engineer, hereby irrevocabty Buthorizes and empowers any attorney of any Coun of Common Pleas of the Commonwealth of Pennsylvania or any attomey of any coun or jurisdiction there or elsewhere, to appear in any coun or jurisdiction for Subcontractor, and mark satisfied of record. at the cost and expense of Subcontractor, or any such subcontractor, material suppliers or pBny including. inter alia. any mechBnical or electrical engineer, construction engineer or civil engineer, any and all claim or claims, lien or liens filed by or for Subcontractor, or in its or their name against the real estate. buildings, or any pan thereof. and. for such act or acts this shall be a good and sufficient warrant Bnd authority, and a reference to the Coun. term and number or place in which the Agreement and this Waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and SubcontrBctor, for itself and all such panies. does hereby remise. release and quit-claim unto Owner and PENNSYL V ANlA HOUSING FINANCE AGENCY and each of their attorneys any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same, The Agreement and this Waiver is made and intended to be filed with the Prothonotary of the Coun of Common Pleas of the County or other proper place in which the above-described lands are located, It is expressty understood that this Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of PENNSYLVANIA HOUSING FINANCE AGENCY and Owner of said premises, In the event Subcontractor consists of more than one person, firm or corporation, the undenakings 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 the purposes of the Agreement and this Waiver. 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. IN WITNESS WHEREOF. Subcontractor with intent to be legally bound hereby, has hereunto signed and sealed these presents this .1.JIday of {)~-~ . 1995. WITNESS .e,:~ ""L.".J ,~-lJ...\ By. (! _./~ Waiver of Liens-Subcontractor Project: American House (0-371) Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ~ nJl. 55: On this, the .h- day of De.< o cer. personally appeared . 1995, before me, a Notary Public, the undersigned of )gJo to me (or satisfactorily proven) to be the person whose name is subscribed to the within Waiver of Liens and acknowledged that helshe, being authorized to do so, executed the same for the purposes therein contained, and desires the same to be recorded as such. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. 9i1hJ i ~~ Notary Public . Ncr~.:!..,,~; Ju:ia L Sa.~).>. Nol<lly PtAlIIc smr!'jx;"l r"p" <M11OOrI.lnd County MyC:'tr.t'f'l!y.icnE,(..:resAug.12.1000 .1efnbcf. onre>lordfliaAs~;l:tlOn of Nt.'~:me9 Waiver of Liens-Subcontractor Project: American House (0-371) Page 3 of 3 ~ Q", "< ... ~ ....) U'> ri:. en ~>- t-- ~ o<.t.:. :r: '"j~ ~;~ ~ ~ "-'" (j :..~. t.' J'! ~ .~,. ;:. ~~ o~ 0 ~, k.. - '7'-l -..3 Q': .'-... ,:Q :" ~l' :~Ir. \) ... . ..r.. I . :j:.t: . ~ ";::l~ 0 ~I ' " ... '" .... Q/.. ..... ~<;,3 ~ C=> ( !; ~.~ p " "-i .~~ (.... 1 '-... \,". ,.. fA Ii! ) 'J "