HomeMy WebLinkAbout95-07109
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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 at 4 Barlo Circle, P,O, Box 432.
Dillsburg, PeMsylvania 17019-0432, ("Contractor"),
AND
J. D. ArC'.Iri
Electrical contracting , .,
& powi:;R , a Sole proprietorship wIth a pnnclpal place of
business at,? M~r"h~" nri..", ('~~ "in Dh ,"m'l '
("Subcontractor") relating to the constructiDn and/or rehabilitatiDn Df a housing project upon the
real estate located at 20-26 Market Street, Mechanicsburg, Cumberland County. PeMsylvania and
t"JY'J- lIeswRllSli in E.d.illit A.. attached hereto and made a part hereof (the "Agreement") owned by
lJ 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 parties acting Dr 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 V ANlA HOUSING
FINANCE AGENCY that no mechanics' liens or claims shall be tiled or maintained by <I /11"1
Subcontractor, or any of them, a!!aift~t 1111 '!all~tate deseribed ift ElIhillit A attuhecl h=r:l c. or :::rv-'I,.
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
abDut the rehabilitation and/or construction and completion Df said prDject, 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, tile or maintain any mechanics' liens or claims against the real
estate Dr 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 fDr extra work in the rehabilitatiDn, construction and completion of the housing project
as to any wDrk and labor done and materials furnished under the Agreement,
Waiver of Liens-Subcontractor
Project: American House (0-371)
Page 1 of 3
In order to give Owner. PENNSYLVANIA HOUSING FINANCE AGENCY and
Contractor lUll power and authority to proteel the real estatc 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 Agreemcnt or this Waiver. Subcontractor, for itsclf and
all subcontractors. material suppliers and parties aeling or claiming for. through or under
Subcontractor. including. inler alia. any mechanical or clectrical engineer. construction engineer
or civil engineer. hereby irrevocably authorizcs and empowers any attomey of any Court of
Common Pleas ofthc Commonwealth ofPeMsylvania or any attomey of any court or jurisdielion
thcre or elsewherc. to appear in any court or jurisdiction for Subcontractor, and mark satisficd of
record, at the cost and cxpense of Subcontractor, or any such subcontractor. material suppliers or
party including. inter alia. any mechanical or clectrical engineer. construction engineer or civil
cngineer. any and all claim or claims. lien or liens filcd by or for Subcontractor. or in its or their
namc against the rcal estale, buildings. or any part thereof, and, for such act or aelS this shall bc a
good and sufficient warrant and authority. and a refercnce to the Court. tenn and number or placc
in which the Agrcement and this Waiver shall have been filed shall be sufficient exhibit of the
authority herein contained 10 warrant such action; and Subcontractor. for itsclf and all such
parties. 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 whatsDever in entering such satisfaction or anywise touching or concerning thc
same.
,
The Agreement and lhis Waiver is made and intended to be tiled with the Prothonotary of
the Court 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 tD and for the protection of PENNSYLVANIA HOUSING
FINANCE AGENCY and Owner of said premises,
In the event SubcDntractor consists Df more than one person, finn or cDrporation. the
undertakings hereunder of each of such persons, finns or corporations shall bc joint and several.
and the word "SubcontraelDr" shall mean all or SDme 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. SubcDntractor with intent to be legally bound hereby. has
hereunto signed and sealed these presents this ~day ofl>ecEMBG~ , 1995.
WITNESS
~A~_U_ ~
~~mes D. ~rcuri
Waiver of Liens-Subcontractor
Project: American House (0-371)
Page 2 of 3
, 0>'..,-",
....,.','-...._-~........,""...-...__.
. .
COMMONWEALTH OF PENNSYLVANIA;
COUNTY OF CIJ -m he'TZ 119 '" j ;
. SS:
. 1995, before me, a Notary Public, the undersigned
of
. known to me (or astisfactorily proven) to be the person whose
name is subscribed to the within Waiver of Liens and acknowledged that he/she, being authorized
to do so, executed the same for the purposes therein contained, and desires the same to be
. recorded as such.
,
On this, the...1l. day of \.." ,
officer, personally appeared
. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal,
i
.
I..
N I IC
Corm,lo Josoph CIo ill. NOllllY Public
LOW9r Swata's ~.. Dauphin County
My Commission EJiplrll Feb, 16,l9VB
(SEAL)
r.
,-
Waiver of Liens-Subcontractor
Project: American House (0.371)
Page 3 of 3
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