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HomeMy WebLinkAbout95-06946 .lhr, .- ... I. ~ 9 9~, 9: ~~A~I: . n" 'F I.. ..:...., ,,',",. ...., .... ~ . . c i1t ".,-. (.'/'/1. 1'\1..1') r ~.v","", ~: ':, !:2 S p, 2/4 Project Nune' AMERICAN HOUSE ) ,IV ,ltv --f ,t . '\ \', ' \, \ ~~5_~ ....(" I -' , :. IL ',..lJ_--===:___". ...,.-,-~ WAMI\ 9F ~IENS.. SVBC{)NTRAQ,OR KNOW ALL BY THESE PRESENTS, That contemporancously with the execution hereof, an I8reemenl has been entered into b(tween LOBAR ASSOCIATE!Q me, h PelUlsylvania corporation, with i principal place of businm at 4 Barlo Circle, ~.9.-::BO~~32;'; Dillsburll, Pennsylvania 17019.00132, ("Contractor"). ~,' d!! ~'q ::,t~ .....l I .rJ , ':,.1. (,7\ :1"'J r,'.~() (J AND," s: [~~J :"'-:~:L! ~i [-;nl . .i - LE:.vfM/.. ~TAn: ()/{T t.u:. a C O/2for!,1 nou wilh I principii plge ~ buainess at /I)? ~ Mrl',AY" HNllZdlliilU fA . ("Subcontractor") relating to the construccion iUldlor rehabilitalion of i housing project upon the real estale located at 20.26 Markel Street, MechanicslJurg, Cumberland County, Pe~jA,nia and- delCl:ibtd hI ill..'liliil A"tltached hefeto-tnd.fll4de-a 1''''' hereef-(tke "A!r~U"~"I'!)'iWned by AMEIUCAN HOUSE LIMITED PARTNERSHIP, a Pennsylvania limited partnership. with offic:esat 1514 Derry Street, Harrisburg, Penn$ylvania 17104 NOW, THEREFORE. intending to be lellally bound hcreby, at the time of tJld irrunedialely before the cxecution 0 f the Agreement, and before any authority has been given by Contractor to Subcontractor 10 commence work on said housing project. for and in consideration of the maklllll of the Agreement with Contractor, Subcomractor does hereby. for Subcontractor and lIny and all subcontractors, material suppliers and panies acting or claiming for, throush or under Subcontractor, including, inter alia, any mechmical or electrical engineer, conltlUction . engineer or Civil engineer, covenant and agree with 01l,mer and PE~SYL V ANlA HOUSING FINANCE AGENCY that no mechanics' liens or claims shall be filed or maintained by Subcontractor, or any of them. against the rea.! estate described in Exhibit A anached hereto, or the buildings thereon, for or on account of any work done or materials furnished under the Agreemcnt or under any supplemental conlract, verbal or wrinen, or contract for extra work in or about 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 claimins throullh or under Subcontractor, them or any of them, including. inter alia. any mechanical or electrical engineer, construction ensineer or civil engineer, hereby expressly waives and relinquishes the right to have, lile or maintain any mechanics' liens or claim. against the real estate or buildings. This Waiver waiving the riaht of lien shall be an mdependent covenant and shall operale and be effective as well with respeCllo work done and malenals furnished under any supplemental contract for eKtra work in the rehabihtation, construction and completion of the hou.ing project u to any work and labor dOlle and malerials furnished under the Agreement. Waiver ofLien.-Subcontractor Project: American House (0-)71) Paae I of) I 't . .... C~'t. 1.; 'n~ '; ::~'.~!l~ . . E ": ,~,:., t" "' r... ~.. . , '. ,t, I I '~ ': .';, ill.. In order to lIive Owner, PENNSYL V A.'IlA HOUSING FINANCE AGENCY and Contractor full power and authority to protect the real utue and buildinss againS! any and all mechanics' liens or c1ajms filed by Subcontractor or anyone acting or claiming for. throullh or under Subcontractor or in violation of the Agreement or thi5 Waiver, Subcontractor, for itself and all subcontractors, material 5uppliers and parties actins or claiming for. through or under Subcontractor. including, Inter alia. any mechanical or electrical engineer. cOllsll'Uction enaineer or civil engineer. hereby Irrevocably authorize5 and empowClr5 any attOrney of any Court of Common Pleas ofthe Commonwealth of PelUlsylvania or any a.ttomey ohllY coun or jurilllliction there or elsewhere, to appear in any court or jurisdiction for SubcontrllCtor. and mark aatistied of record, at the cost and expense of Subcontractor, or any such subcontractor, material suppliers or party including, inter alia. any meeharueal or electrical engineer, construction ensineer or civil ensineer. any and all claim or claims, lien or liens filed by or for Subcontractor, or in its or their namc alllinat the rcal estate, buildings, or any part thereof, and, for such act 01' acts this shall be a. lIood and sufficient warrant and authority. and a reference to the Court. term and number or place in which the Agreement and this Waiver shall have been filed shall be sufficient exhibit of thc authority herein contained to warrant such action; and Subcontractor, for itself and all such parties, does hereby remise, releilSe and quit-claim unto Owner and PENNS Y1.. V ANlA HOUSING FINANCE AGENCY and each of their atlomeys any and all matU1er of errors, derects and imperfections whauoever in entering such satisfaction or anywise touching or eoncernina the same. The Aireement and this Waiver is made and intended to be tiled \'lith the Prothonotary of the Court of Common Pleas of Ihe County or other proper place in which the above-described lands are located It is expres51y understood that this Wlliver and all of the provisions and remedies herein contained shall be available to and for the protection of PENNSYL V ANlA HOUSING FINAl'CE AGENCY and Owner of said premises In the event Subcontractor consists of more than one person, finn or corporation. the undertakings hereunder or each of such persons, firms or corporations shall be joint and several. and the word "Subconttactor" 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 WIT!'IESS v.'HEREOF. Subcontractor \'lith intent to be legally bound hereby, has hereunto signed and sealed these presents this m day of n":'Li.:M~cL, 1995 WllNESS ~~- (}1~fl1!f!I<(J.,,~ / u- CeAfil'.-<Z.. ~ 1M/; ~//~ By, ~ ((' ~.- / Waiver of Liens-Subcontractor Projec;t: American House (0-171) Paie 2 of 3 'I . ,