HomeMy WebLinkAbout95-06956
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Project Name: AMERICAN HOUSE
W AIVER OF LIENS - SUBCONTRACTOI!
KNOW ALL BY THESE PRESENTS, That contemporaneously with the ellecution
hereof, an agreement has been entered into between LOBAR ASSOCIATES, INC,. a
PeMsylvania corporation, with a principal place of b<lsiness at 4 Barlo Circle, P,O, BOll 432,
Dillsburg, PeMsylvania 171) 19-0432, ("Contractor"),
AND
~-r..L') with a principal place of
business at I '. " } r \
("Subcontractor") relating to the CQ truction and/ r rehabilitation 0 housing project upon the
~real estate located at 20-26 Market Street, Mechanicsburg. Cumberland County, PeMsylvania/lllll
..tl . , ,.,' _ )/owned by
AMERICAN HOUSE LIMITED PARTNERSHIP, a PeMsylvania limited pannership. with
offices at 1514 Derry Street, Harrisburg. Pennsylvania 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 parties 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 PENNSYL VANIA 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 any supplemental contract, verbal or written, 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 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
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In order to give Owner, PENNSYLVANIA HOUSING FINANCE AGENCY and
Contractor full power and authority to protect the real estatc and buildings against any and all
mechani~s' 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, construction engineer
or civil engineer, hereby irrevocably authorizes and empowers any attorney of any Court of
Common Pleas of the Commonweslth of Pennsylvania or any attorney of any court or jurisdiction
there or elsewhere, to appear in any court or jurisdiction for Subcontractor, and mark satisfied of
record, at the cost and expense of Subcontractor, or any such subcontractor, material suppliers or
party including, inter alia, any mechanical 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 th~ real estate, buildings, or any pan thereof, and, for such act or acts this shall be a
good and sufficient warrant and authority, and a reference to the Coun, tenn and number or place
in which the Agreement and this Waiver shall have been fil~d shall be sufficient exhibit of the
authority herein contained to walTant such action; and Subcontractor, for itself and all such
panies, does hereby remise, release and quit-claim unto Owner and PENNSYLVANIA
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 expressly 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, finn or corporation, the
undenakings hereunder of each of such persons, finns 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 includc 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 ~ day of '\\ h \oU'l>l ~\ , 1995,
WITNESS
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Waiver of Liens-Subcontractor
Project: American House (0-371)
Page Z of 3
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