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HomeMy WebLinkAbout95-07301 ~ 1\ (("-j '-) I :,c. I "" L. f) T".III' \ Project Name: AMERICAN 1I0USE WAIVER OF LIENS:, SUBCONTRACTOR KNOW ALL BVfHESE PRESENTS, That contemporaneously with the execution hereof, an agreement has been entered into bel ween LOBAR ASSOCIATES, INC,. a Pennsylvania corporation, with a principal place of business at 4 Barlo Circle, P,O, Box 432. Dlllsburg, Pennsylvanls \7019.0432, ("Contractor"), AND IWc~'1 '-' ({.~~"....L.J y:y"vf, 'a'j ,( JA ,,j (jJ ~, ) J C .j" JJ f"'r \.1"..""..,' ",/z with a principal place of business at 1.,1-. r, ~ I,(,G Y v I t.. IJ;1 I )yot; , ("Subcontractor") relating to the construction and/or rehabilitation of a housing project upon the real estate located at 20.26 Market Street, Mechanicsburg, Cumberland County, Pennsylvania and described in Exhibit A. auached hereto and made a part hereof (the "Agreement") owned by AMERICAN HOUSE LIMITED PARTNERSHIP, a Pennsylvania limited partnership, with offices at \5\4 Derry Street, Harrisburg, Pennsylvania 17104, NOW, THEREFORE, intending to be legally bound hereby, at the time of and immediately before the execution of Ihe 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 subcontractol's, 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 V ANlA HOUSING FINANCE AGENCY that no mechanics' liens or claims shall be tiled 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 undel' 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 \ of 3 .. In order to give Owner, PENNSYLVANIA HOUSING FINANCE AGENCY and Contractor full power and authority to protect the real estate and buildings against any and all mechanics' liens or claims tiled by Subcontractor or anyone acting or claiming for, through or under Subcontractor or In violation of the Agreement or this Waiver, Subcontrsctor, for itself end .11 subcontractors, material suppliers and psrtles acting or claiming for, through or under Subcontrlctor, Including, inter ella, any mechsnlcal or electrical engiMer, construction engineer or civil en III neeI', hereby Irrevocebly authorizes and empowers any sttorney of any Court of Common Pleas of the Commonwealth of Pennsylvania or any attorney of any court or jurisdiction there or elsewhere, to eppear In any court or jurisdiction for Subcontractor, and mark satisfied of record, at the cost and expense of Subcontractor, or any such subcontrsctor, material suppliers or party including. inter alia, any mechanical cr electrical engineer, construction engineer or civil enlllneer, any and all claim or cialms, lien or liens tiled by or for Subcontractor, or In Its or their name against the real estate. bulldlnlls, or any part thereof, and. for such act or acts this shall be a good and sufficient warrsnt and euthority, and a reference to the Court. term and number or place In which the Agreement and this Waiver shall have been tiled shall be sufficient exhibit of the authority herein contained to warrant such action: and Subcontractor, for Itself 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 whatsoever in entering such satisfaction or anywise touching or concerning the same. The Agreement and this Waiver is made and intended to be l1Ied 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 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. tirm or corporation. the undertakings hereunder of each of such persons. tirms 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 include the plural. and the neuter shall be deemed to include the masculine and feminin~. as the context may require, IN WITNESS WHEREOF. Subcontractor with intent to be legally bound hereby, has hereunto signed and sealed these presents this.3- \ day of ~. <.: . . \995, WITNESS -~ 'o{i ?l-2 ~I BYU:- /? invNr Waiver of Liens-Subcontractor Project: American House (0.37\) Page 2 of 3