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HomeMy WebLinkAbout00-02173 . 00 - ;).,703 rnJ..1J ~ ~ STIPULATION AGAINST LIENS THIS AGREEMENT made as of this 22nd day of March 2000, by and between EAST SIMPSON STREET DEVELOPERS, LLC (hereinafter called the "Owner"), AND SPEEDWELL CONSTRUCTION, INC. (hereinafter called the "Contractor"). WHEREAS, Owner has entered into a written agreement with the Contractor for the renovation of a 12,000 square foot building on that parcel of land situated in the Town of Mechanicsbw-g, Cumberland County, Pennsylvania located at 30 East Simpson Street, Mechanicsburg, Pennsylvania and being more fully described on Schedule A, attached hereto and made a part hereof. WHEREAS, the Contractor has covenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said parcel of land, the buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for and in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of One Dollar ($1.00) to it paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said parcel of land, the building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractors, materialmen, and laborers for work done or materials furnished under said contract for and about the construction of said building or buildings or any part thereof, or on credit thereof; and the said Contractor, for itself and its sub-contractors and others under it or them hereby expressly waive and relinquish the right to have, file and maintain any mechanics' liens or claims against said land, the building or curtilage; and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner (or any of them) for any work done or labor or materials furnished under said contract for and about the erection, construction, and completion of said building as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise. AND, in order to give the Owner full power and authority to protect themselves and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant, the said Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for it in any of the said Courts of Common Pleas as Attorney for it, and in its name mark satisfied of record at the cost and expense of the Contractor or of any sub-contractor or materialman, any and all claims or claim, lien or liens, filed by or for the Contractor, or any sub- contractor or materialmen, or in his or their name against said building or building, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient warrant and Co\j\\yOocwncnlo\64l.21i,CVS#J,Mochonl",oo'1:\Sl;pulo!;ooAsai""U",",-do< I iiii'~r '.... -II!!'I'III ~ " .~,,~ I authority, and a reference to the Court, Term and Nwnbcr in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained t() warrant such action, and the Contractor does hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching ur concerning the same. [SIGNATURES ON FOLLOWING PAGEl r-1M1'n".,~_",f~ln,l.:VI"l.M_.....~",,,.,;,..~;...',lw,h .., '" \'''~-T , , IN WITNESS WHEREOF, the parties have caused the foregoing Stipulation Against Liens to be executed as of the day and yea~ first above written. ATTEST: OWNER: EAST SIMPSON STREET DEVELOPERS, LLC Its: By: CONTRACTOR: q;7&~ Name; By: '~CC7~ItS: Name: SPEEDWELL CONSTRUCTiON, INC. ~ ~~' ./ / ---.. ., ~/ _/ ./ ~ . V..".-- ..../"..- ..-~<,..-_." . ~ "'Keith i-e e - Duly Authorized ~',',"'1~_'''''i1 "1l.1"~ 0;1, M_n1'...I'I'S'*"'l..."'.......... LlmI,j.w 3 \,~_""-r - ~~ ~ - . COMMONWEALTH OF PENNSYLVANIA ) ) 55.: ) COUNTY OF On this ~ day of March 2000, before me, the undersigned, personally appeared Keith Ebersole, who acknowledged himself to be the O(J)~ of Speedwell Construction, Inc. and that he as such [)wAoll- , being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing his name. In Witness Whereof, I hereunto set my hand. ~p ~---- Notary Publi My Commission Expircs: STATE OF CONNECTICUT) ) ss. COUNTY OF HARTFORD) On this ~ay of March 2000, before me, the undersigned, personally appeared Joseph R. Baranowski, who acknowledged himself to be a Member of East Simpson Street Developers, LLC, and that he as such Member, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing Ius name. ~. In Witness Whereof, [ hereunto set my han~\ J (\ h n ~ .~~J-..0.. \J ~ Notary Public My Commission Expires: SANDRA LEE O'CONNELL NOTARY PUBLIC MYCOMMISSION EXPIRES OCT. 31, 2004 Notarial.Seal Brad L. Watson, Notary PUblic Ml Joy BoI;O.l.aQC'liSter County My Commission Expires Oct. 19, 2002 Member, PennsylvanIa Association ot Notanes ('''~-'''''''',Il.nt,t''.'~.!,LlowI...i'''''''''II'''',..t.....,.,,,,.... r......... 4 '.t~'i+-_ ""'""'~. t SCHEDULE A ALL that certain piece or parcel ofland situate on the south side of East Simpson Street, in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: PARCEL A: BEGINNING at a post on the south side of said East Simpson Street and at line oflot formerly of Chester Rider, now of Loren C. Rider; thence eastward along the line of East Simpson Street sixty-eight (68) feet and six (6) inches, more or less, to line of land now or formerly of the Roman Catholic Church; thence southward along said line now or formerly of the Roman Catholic Church one hundred and twenty-two (122) feet, more or less, to the line of a public alley known as King Alley; thence westward along the line of said King Alley sixty-one (61) feet nine (9) inches, more orless, to the line oflot formerly of Chester Rider, now of Loren C. Rider; thence northward along the line of said last mentioned lot one hundred twenty-eight (128) feet, more or less, to the place of BEGINNING. PARCELB: BEGINNING at a stake at the southwestern corner of East Simpson Street and South Arch Street; thence southwardly along the western line of South Arch Street one hundred ten (110) feet to a stake on the northern line of King Alley; thence westwardly along the northern line of King Alley, one hundred eighty-four (184) feet to a stake at line of property of Otis H. Aulthouse; thence northwardly along the line of said land one hundred twenty-two (122) feet to a stake on the southern line of East Simpson Street; thence eastwardly along the southern line of East Simpson Street one hundred seventy-eight and six tenths (178.6) feet to the point and place of BEGINNING. . BEING TAX PARCEL NO. 17-23-0565-062. ;--1L, R_~ - " ,,~ -" ~~ " w, o ""~,'~ ,_ ",~1.~ ~ ,"', "" "" '"" '"",", , -.,. -,. ?? ~ ~ 0 , It. 0 c :P "'- -t f2 ~ .... f' --- <- l) f (I (, ~ r ~ -0 t<~ rnr' 7'- ~:7 V, ~ ::..~ ~E ~4 -<. o s: C~ (~ ",. 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