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HomeMy WebLinkAbout95-07179 9~'7/79 ! Lo t3 AIL A~ > octA-fe <; I CJIVC. ~ J (, }'VI. G /<rru 0 L a rr C ON rl? /!G Ti Vf JtlJi!. " .:II C( ~J lllc.; (YlLD 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. u. :J ~ M. ()"MI~l..oFF Co l/!iR. I tVC-. BJ~M Jt7~. 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 ~ f' :..? J c a U t d VJ t. n ! M ~~ .:z- oo "R D - rn I~ :E: u~ 8 0 0 ,.z: 0::5 9 - ~ -,.0;:: CO (1) co ~"{Q Q (i"l ~r5 u ""Ii 1:1 w no.: ~ ~ rL Q -,,; t5 It') :3 o:J en u )