HomeMy WebLinkAbout02-4386THE SHI~PENSBURG UNIVERISTY
FOUNDATION,
Owner
and
SHIPPENSBURG UNIVERSTIY
FOUNDATION, INC.,
Kecord Owner
DAVID H. MARTIN
EXCAVATING, INC.
Contractor
· 1N THE COURT OF COMMON PLEAS
- CUMBERLAND COUNTY, PENNSYLVANIA
WAIVER OF LIENS
CONTRACTOR'S WAIVER OF LIENS
THIS AGKEEMENTmadethis_ ~7_ day of September, 2002, between The
Shippensburg University Foundation, also, of record as to the property hereinafter described
only, Shippensburg University Foundation, Inc. (sic), with its offices in Shippensburg,
Pennsylvania 17257 ("Owner") and David H. Martin Excavating, Inc., a Pennsylvania
corporation, with its offices at 4961 Cumberland Highway, Chambersburg, pennsylvania 17201
("Contractor").
WHEREAS, by a duly executed written Agreement dated September 10, 2002
(the "contract"), General Contractor and Contractor have contracted for the construction of a new
288 car parking lot off Britton Road adjacent to the Spiritual Center (the "Work"), all 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 Exhibit "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
WHEREAS, 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 material man.
08/23/2002 LS:0Z FA~ 717 233 1386 RHOADS & SINON LLP ~003
NOW, THEREFORE, ~e Contractor, tbr itself, its successors and assigr~s and
anyone else acting or cD. iming through or under it, for and in consideration of the Contract and
the considerations mentioned therein, and intending to be lega31y bound hereby, does txereby
agree as follows:
1. Waiver of Lien. Contractor hereby waives and relinquishes all rights to
fiJ. e a mechanics' lien, claim or notice of intention to file any lien or claim and does hereby
covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kilxd
whatsoever shall be filed or maintained against the estate or title of Owner in the Property as
described i~ Exhibit "A" or the curtilage or curfilages appurtenant thereto, by or in the name of
Contractor or by or in the name of a.ay subcontractor, materi~lmen or laborers for work done or
materials furnished trader the contract or by any other party acting through or trader them or amy
of ~em for and about ~e Property or amy part thereof, or on credit ~ereof, and that all
subcontractors, rnatm"jalmen, and laborers on ~e Work shall look to and hold Co~racmr
personally Liable for all s~bcontracts, materials fi.waisbed under th~ contract for amd about the
erection, comtruction and completion of ~e Work, or u~der any contract for extra work, or for
work supplemental thereto, or otherwise.
2. Indevendent Covenant. This Agreement waiving the right of lien shall be
a.n independent covenant and shall operate and be effective as well with respect to work done a~d
materials furnished under any supplemental contrac: 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 m the Cumberlamt
County Prothonotary' s Office as public notice hereof.
iN WITNESS WitTiREOF, the said parties, intending to be legally bound hereby,
have caused this Contractor's Waiver of Liens to be executed the day a.nd ye. ox first above
written.
ATTEST:
(SE,~L)
Executive Vice President
ATTEST:
(SEAL)
ATTEST:
(SEAL)
THE SHIPPENSBURG UNIVERSITY
FOUNDATION a/k/a (of record)
SHIPPENSBURG UNVERSITY
/"' Executive Vice"'~rresid~nt
CONTRACTOR:
DAVID H. MARTIN
EXCAVATING, INC.
(Vice) President
08/23/2002 15:05 FAX 7~7 235 ~38~
RHOADS & SINON LLP
005