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HomeMy WebLinkAbout95-07302 'IS -7Jo~ Lo6AIl.. ASS {)(;."""res,~ ~ SE(.,IA.fl.lry ~l. 'vArD,," CIJIfI~ , , , ' " , , , ,i ' I ' " ! ' ' , r. I ,I " , ' , , , ' , ' , " ' , ' , ,I j Project Name AMERICAN HOUSE II ,I).. '(~L ,j (V) )... tJ rt .'<--., WAIVER Of LIENS. SUBCONTttACTOR KNOW ALL BY THESE PRESENTS, That contemporaneously with thl! execution hereof, an agreement has been entered into between LOBAR ASSOCIATES, INC" a Pennsylvania corporation, with a principal place of business at 4 Barlo Circle, P,O Box 432, Dillsburg, Pennsylvania 17019.0432, ("Contractor"), SECURITY ELEVATOR CO. PO, BOX 62010 201 SOUTH GULPH RD, AND KING Of PRUSSIA, FA 19406 S~~s~s~~l~~ C~u.P~~ IIlf'l' ~.~'~, I~J , V ,1\ " ~~~\ ~i1~ri~~pal place o~ ("Subcontractor") relating to the construction arid/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, attached hereto and made a pan hereof (the "Agreement") owned by AMERICAN HOUSE LIMITED PARTNERSHIP, a Pennsylvania limited paltnership, with offices at 1514 Derry Street, Harrisburg, Pennsylvania 17104 I 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 panies 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 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 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 ~uppliers and panies 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 mdependent 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 In order to give Owner, PENNSYLVANIA HOUSrNG FINANCE AGENCY and Contrector full power and authority to protect the real estate and buildings against sny and ell mechanics' liens or claims flied by Subcontractor or anyone acting or claiming for, through or under Subcontractor or in violation of the Ahlreement or this Waiver, Subcontractor, lor itself and all subcontractors, material suppliers and parties acting or claiming for, through or under Subcontractor, Including, Inter alia, any mechsnlcal or electrical engineer, construction engineer or civil engineer, hereby irrllvocably authorizes and empowers any allomey of any Court of Common Pleas of the Commonwealth 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 subconlrar.tor. material suppliers or party including, inter alia, any mechanical or clectrical engineer, construction engineer or civil engineer, any and all claim or claims, lien or liens flied by or for Subcontractor, or in Its or their name against the real estatc, buildings, or any part thereof. and, for such acl or acts this shall be a good and sufficient warrant and authority, and a reference to the Court, tenn and number or place in which the Agreement and this Waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action, and Subcontractor, for Itself and all such panies, does hereby remise, release and quit.claim unto Owner and PENNSYLVANIA HOUSrNG FrNANCE AGENCY and each of their attomeys any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or cnnceming the same, The Agreement and this Waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County or olher 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 HOUSrNG FrNANCE AGENCY and Owner of said premises In the event Subcontractor consists of more than one person, finn or corporation, the undertakings 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 include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may requir~, IN WITNESS WHEREOF, Subcontractor with intent 10 be Icgally bound hercby, has hereunto signed and scaled these presents this ~ ..,711 day of l)l. ( , 1995, SECURm ElIVATOR COMPANY By' Waiver of Liens.Subcontractor Project: American House (0.371) Page 2 of 3 , 'I,' , " " , . ." " " "