HomeMy WebLinkAbout02-438508/23/2002 15:02 FAX 717 233 1386 RHOADS & SINON LLP ~002
THE SHI]PPENSBURG UNIVERSITY
FOUNDATION,
Owner
and
SHIPPENSBURG UNIVERSITY
FOUNDATION, INC.,
Record Owner
BRECHBlLL & HELMAN
CONSTRUCTION COM2PANY, INC.,
Contractor
THE COURT OF COM2viON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
/2oP- z/Sf
WAIVER OF LIENS
Shippensburg University Foundation, also, of record as to the property hereinafter described
only, Shippensburg University Foundation, Inc. (sic), with its offices in Shippensburg,
Penhsylvan{a 17257 ("Owner") and Brechbill & Helman Construction C~mpany, Inc., a
- Pennsylvania corporation, with its offices at 1115 Sheller Avenue, Cbambersburg, Pennsylvania .
17201 ("Contractor").
WHEREAS, by a duly executed written Agreement dated August 20, 2002 (the
"Contract"), Owner and Contractor have contracted for the construction of a new 288 car pa.ricing
lot off Britton Road adjacent to the Spiritual Center (the "Work"), alt in accordance with the
Contract on a 13.909__+ acre tract or parcel of land in Shippensburg Township, Cumberland
County, Pennsylvania, more particularly described in Exl~bit "A" attached hereto and by this
reference incorporated herein (the "Property"); and
WHEREAS, no authorization has yet been given by Owner to Contractor to
commence the Work or purchase materials for same; and
Wt-~REAS, no Work has commenced on the Property and no labor or materials
have been delivered to the Property or furnished for the Work by Contractor or any sub-
contractor or materialman.
........ =~ l~S8 R_~OADS & SINON LLP
003
NOW, THEREFORE, the Contractor, for itself, its sUccessors and assigns and
anyone else acting or claiming through or under it, for and in consideration of the Contract and
the considerations mentioned therein, and intending to be legally bound hereby, does hereby
agree as follows:
1. Waiver of Lien. Contractor hereby waives and relinquishes all fights to
~e a mechanics' lien, claim or not/ce of intention to file any Hen or claim and does hereby
covenant, prorr~e and agree that no mechanics' lien or claim or other lien or claim of any kind
whatsoever shall be filed or maintained agaimt the estate or title of Owner in the Property as
described in Exhibk "A" or the curtilage or curdlages appurtenant thereto, by or in the name of
Contractor or by or in the name of any subconlractor, materialmen or laborers for work done or
materials furnished under the contract or by any other party acting through or under them or any
of them for and about the Property or any part thereof, or on credit thereof, and that all
subcontractors, materialmen, and laborers on the Work shall look to and hold Con~ractor
personally liable for all subcontracts, materials furnished under the contract for and al:out the
erection, construction and completion of the Work, or under any contract for extra work, or for
work supplemental thereto, or otherwkse.
2. ~. This Agreement waiving the right of lien shall be
an independent covenant and shall operate and be effective as wel/with respect to work done and
materials furnished under any supplemental contract for extra work as to any work and labor
done and materials furnished under the Contract.
3. Public Notice. This Waiver of Liens shall be filed in the Cumberland
County Prothonotary's Office as public notice hereof.
~'q WITNESs WHEREOF, the said parties, intending to be legally bound hereby,
have caused tiffs Contractor's Waiver of Liens to be executed the day and year first above
written.
ATTEST:
(SEAL)
OWNER:
THE SHIPPENSBURG UNIVERSITY
FOUNDATION _
UExecutive Vice Pre~es~d~t
.......... · t <o~ ~.ae~o RHOAD$ & SINON LLP
~oo4
ATTEST:
(SEAL)
A/TEST:
(SEAL)
TIlE SIRIPPENSBURG UNIVEI~
FOUNDATION a/k/a (of record)
SHIPPENSBURG UNIVERSITY
FOUNDATIO,~.~NC. zz~-) ~
// Executive Vice Pr'~ident
CONTRACTOR:
BRECI-IBU ?. & I4~r .MAN
CONSTRUCTION COM~PANY, INC.
08/23/2002 15:03 FAX 717 2/{3 1386 __RHOADS & S[NON LLP ~]005
EXHIBIT "A"