HomeMy WebLinkAbout95-06946
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Project Nune' AMERICAN HOUSE
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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~
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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)
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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
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Waiver of Liens-Subcontractor
Projec;t: American House (0-171)
Paie 2 of 3
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