HomeMy WebLinkAbout96-00862
Proje't Name: AMERJCAN HOliSE
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WAIVER OF LIENS. SUBCONTRACTOR
KNOW ALL BY THESE PRESENTS, That ,ontemporaneously with the execution
hereof. an agreement has been entered into between LOBAR ASSOCIATES. INC, a
Pennsylvania ,orporation, with a prin,ipal pl"e of business at 4 Barlo Circle. P.O, BOll 432,
Oillsburg, Pennsylvania 17019-0432, ("Contractor"),
AND
II>
H.L. Stoneberger Plumbing
& Heat.im!. Inc, , a Permsylvanla CQrooration with a principal pia,., of
business at 937 Nixon Drive, ~lechanlcflburg, Pa, 17055
("Subcontractor") relating tQ the cQnstru,tiQn and/or rehabilitation of a housing project upon the
real estate lo"ted at 20-26 Market Street, Mechanicsburg, Cumberland County, Pennsylvania aAd-
dflseribtd iJl L",-.seil A. atta1i3ltes halite aRd made a pin R.rtg( (th~ "..i gr-..rn"'nt"} owned by
AMERICAN HOUSE L~UTEO PARTNERSHIP. a Pennsylvania limited pannership, with
Qffices at IS 14 Oerry Street, Harrisburg, Pennsylvania 17104,
NOW, THEREFORE, intending tQ be legally bound hereby, at the time of and
immediately before the execution of the Agreement, and before any authority has been given by
Contra'tor to Subcontra'tor to 'Qmrnence work on said hQusing project, for and in ,onsideration
of Ihe making of the Agreement with ContractQr, Sub,ontractor does hereby, for Subcontra'tor
and any and all subcontra"ors. material suppliers and parties acting or claiming for, thrQugh or
under Subcontractor, in,luding. inler alia, any mechanical or electri,al engineer, ,onstruclion
engineer or ,ivil engineer, ,ovenant and agree with Owner and PENNSYL V ANlA HOUSING
FINANCE AGENCY that no mechani,,' liens or daims shall be filed or maintained by
Sub,ontrar.tor, or any of them, against the real estate lleserillell in C"hjb:t ,\ lIlt,: I " I "-..t,., or /-/.;
the buildings thereon, for or on a"ount of any work done or materials furnished under the
Agreement or under any supplemental ,ontract, verbal or wrillen, or contract for extra work in Qr
about the rehabilitation and/or ,onstruction and ,ompletion of said project, or otherwise; and
Subcontra'lor, for Sub,ontractor and any and all subcontra'tors, material s~ppliers and parties
acting or ,Iaiming 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 10 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
conlract 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 1 of J
In order to sive Owner. PENNSYLVAI'lIA HOUSfNG FfNANCE AGENCY and
Contractor full power and authority to protect the real estate and buildings against any and all
mechanics' liens or claims filed by Subcontractor or anyone acting or claiming for. through or
under Subcontractor or in violation of the Agreement or this Waiver, Subcontractor. for itself 'lnd
all subcontractors, material suppliers and parties acting or claimina for, :hrouah or under
Subcontractor. including, inter alia, any mechanical or electrical engineer, construction engineer
or civil engineer, hereby irrevocably authorizes and empowers any anorney of any Court of
Common Pleas of tile 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 subcontractor. material suppliers or
party including. inter alia, any mechanical or electrical engineer, construction engineer or civil
engineer, any and all claim or claims, lien or liens filed by or for Subcontractor, or in its or their
name against the real estate, buildings. or any part thereof, and. for such act or acts this shall be a
good and sufficient warrant and authority. and a reference to the Court. term and number or place
in which the Agreement and this Waiver shall have be'.:n filed 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 PENNSYL V Al'l1A
HOUSfNG FfNANCE 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 filed 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 HOUSfNG
FfNANCE AGENCY and Owner of taid premises,
In the event Subcontractor consists of more than one person, firm or corporation. the
undertakings hereunder of each of such persons, firms 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 require.
IN WITNESS WHEREOF, Subcontractor with intent to be legally bound hereby, has
hereunto signed and sealed these presents this ~ day of r;""~""f . 199'
J
WITNESS
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"L.l4u/1 /.r~t2J.tj
By:
Waiver of Liens-Subconlraclor
Project: American House (0-)71)
Page 2 of )
0#.
COMMONWEALTH OF PENN5YL V ANtA:
COUNTY OF
55:
. 1995, before me, a Notary Public:. the undersigned
of
. known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within Waiver of Liens and acknowledged that he/she, beins authorized
to do so. executed the same for the purposes therein contained, and desires the same to be
recorded as such.
On this, the _ day of
officer. personally appeared
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal,
Notary Public:
(SEAL)
Waiver of Liens-Subcontractor
Project: American House (0-371)
Page 3 of 3
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