HomeMy WebLinkAbout95-07179
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Projcct Name: AMERICAN HOUSE
WAIVER OF LIENS - SUBCONTRACTOR
KNOW ALL BY THESE PRESENTS. That contemporancously wilh thc execution
hcrcof, an agrecment has bccn cntcrcd inlo bClwccn LOBAR ASSOCIATES, INC., a
PCMsylvania corporation, with a principal place of busincss at 4 Barlo Circle, P.O, Box 432,
DiIIsburg, PCMsylvania 17019-0432. ("Contraclor"),
AND
,r.~. C-AA'j'<,vFF COflrl!,fCfINr- IN'- ,a {')~()Oi:.4Tto:JAI with a principal place of
business al R. R. 2 GM LfO-A I TlloMA~ VltLI7 PA 17J'" <I .
("Subcontractor") relaling to thc construction and/or rchabilitation of a housing project upon the
real estate located at 2qi~~arket Street. Mechanicsburg, Cumberland County, PeMsylvania and
describcd in f:Khihit AAilitachcd herelo and made a pan hereof (thc "Agreement") owncd by
AMERICAN HOUSE LIMITED PARTNERSHIP, a PeMsylvania limited partnership, with
offices at 1514 Dcrry Strcet, Harrisburg, PeMsylvania 17104.
NOW, THEREFORE. intcnding to be legally bound hereby, at the time of and
immcdiately bcfore the cxecution of the Agrcement, and before any authority has been givcn by
Conlractor to Subcontractor to commence work on said housing project, for and in consideration
of the making of Ihe Agrcement with Contractor, Subcontractor does hereby. for Subcontractor
and any and all subcontractors, material suppliers and panies acting or claiming for, through or
undcr Subcontractor, including, inter alia. any mcchanical or clectrical cngineer, construction
, cnginecr or civil cnginecr, covcnant and agrcc wilh Owncr and PENNSYL VANIA HOUSING
FINANCE AGENCY Ihat no mcchanics' liens or claims shall be fila:d...orl mainlained by
Subcontractor, or any ofthcm, against thc rcal cstale dcscribcd in~'a'it'liChcd hereto, or
thc buildings Ihcreon, for or on account of any work donc or matcrials furnishcd under the
Agreement or undcr any supplcmcntal contract, verbal or wrillcn. or contract for extra work in or
about the rehabilitation and/or construction and completion of said project, or othcrwisc; and
Subcontractor, for Subcontractor and any and all subcontractors, matcrial suppliers and panics
acting or claiming through or undcr Subcontractor, thcm or any of Ihcm. including, intcr alia, any
mcchanical or elcctrical enginecr, construction enginccr or civil cnginecr, hcrcby expressly waives
and rclinquishes the right to have, filc or maintain any mcchanics' liens or claims against the real
estate or buildings.
This Waivcr waiving the right of lien shall be an indcpcndent covenant and shall operale
and bc effcctive as wcll with rcspcclto work done and matcrials furnishcd undcr any supplemental
contract for cxtra work in Ihc rehabilitation, construction and complction of the housing projcct
as 10 any work and labor donc and materials furnishcd under the Agreemcnt
Waivcr of Licns-Subconlractor
Project: Amcrican House (0-371)
Page I of 3
In ordcr to givc Owncr. PENNSYLVANIA HOUSING FINANCE AGENCY and
Conlrlctor full powcr and authority 10 prolcct thc rcal cstatc and buildings against any and all
mcchanics' Iicns or claims filcd by Subcontractor or anyonc acting or claiming for, through or
undcr Subcontractor or in violation of thc Agrccmcnl or this Waivcr. Subcontractor, for ilSclf and
all subconlractors, matcrial supplicrs and panics acting or claiming for, Ihrough or undcr
Subcontractor, including, inlcr alia, any mcchanical or clectrical cnginccr, construction cnginccr
or civil cnginccr, hcrcby irrcvocably authorizcs and cmpowcrs any attorncy of any Coun of
Common Picas ofthc Commonwcalth ofPcMsylvania or any attorney of any coun or jurisdiction
thcrc or clscwhcrc, to appcar in any coun or jurisdiction for Subcontractor, and mark satisficd of
rccord, at thc cost and cxpcnsc of Subcontractor, or any such subcontractor, matcrial supplicrs or
pany including. intcr alia. any mechanical or clcctrical cnginccr, construction cnginccr or civil
cnginccr, any and all claim or claims, lien or licns filed by or for Subcontractor, or in its or their
namc against thc rcal cstalC. buildings. or any pan thcrcof, and, for such act or acts this shall bc a
good and sufficicnt warrant and authority. and a rcfercncc to thc Coun, Icrm and number or placc
in which thc Agrccmcnt and this Waivcr shall havc bcen filcd shall bc sufficicnt cxhibit of the
authority hcrcin conlaincd to warrant such action; and Subcontractor, for itself and all such
panics, does hcrcby rcmise, relcase and quil-claim unlO Owncr and PENNSYLVANIA
HOUSING FINANCE AGENCY and each of their attorncys any and all mlMcr of crrors. dcfccts
and impcrfcctions whatsocvcr in cntcring such satisfaction or anywisc touching or concerning thc
samc.
Thc Agreement and this Waiver is made and intended to be filed with the Prothonotary of
thc Coun of Common Pleas of the County or other proper place in which the above-described
lands are localcd.
It is cxpressly understood Ihat lhis Waiver and all of Ihe provisions and remedies hcrein
containcd shall be available to and for the protcction of PENNSYLVANIA HOUSING
FINANCE AGENCY and Owner of said premises,
In thc evcnt Subconlractor consists of more than one person, firm or corporation, the
undcnakings hereunder of each of such pcrsons. firms or corporations shall bc joint and sevcral,
and the word "Subcontractor" shall mean all or some or any of them, For the purposes of thc
Agrecmcnt and this Waiver, the singular shall be deemed to include the plural, and the neuter shall
bc decmcd to include the masculine and feminine, as the conlext may require,
IN WITNESS WHEREOF. Subcontractor with intenl to be legally bound hereby, has
hereunto signed and sealed these presents this JdJ.. day of /1/ 0 II, , 1995.
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Waiver of Licns-Subcontractor
Project: American House (0-371)
Pagc 2 of 3
, .
COMMONWEALTH OF PENNSYLVANIA:
COUNTYOF f,../L
SS:
On this, the J:/.!!day of Mpvpmhtr. 1995, before me, a Notary Public, the undersigned
officer, pel'5Onally appeared J"sMAIt1 /! /fn? j,d"/ of
.,:f./ll.t1",,~jl'fllN>IrA"/'?? LiJtoknown to me (or satisfactorily proven) to be the person whose
name is su scribed to the wllhin 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.
IN WITNESS WHEREOF, I hereunlo set my h
.
,.,
NOTARIAL SEAL
USAR BRENNEMAN,NOl3fVPUDIIC (SEAL)
west ManchMter Two <orHounlV
M c:ommISSIO!.'_~,.:l'''' !UlIl' lA.!!!!- '
Waiver of Liens-Subcontractor
Project: American House (0-371)
Page 3 of 3
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