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HomeMy WebLinkAbout00-03652 "'" ,"",-- -,~., "..-,<-~-, O._''''"'''''''''''-'''~_"",'.f_''' ""'-'''''''''''-''","ilLm'o:..'-'U''F'',,':- ... Michaell. Martin, Inc., Owner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Michaell. Martin, Inc., Contractor, NO. d..fJ1JV / j (pf/,2 ML.-/) STIPULATION AGAINST LIENS WHEREAS, Michaell. Martin, Inc., of York County, Pennsylvania, is about to execute contemporaneously herewith, a contract with Michaell. Martin, Inc. of York County, Pennsylvania, for the erection of a dwelling upon a lot of land situate as follows: All OF Bridgeport Associates, Inc.'s and/or Michael l. Martin, Inc.'s (collectively, the "Declarant") estate, right, title, interest, property, claim and demand whatsoever, now owned or hereafter arising or acquired, in and to the following property and rights: (a) All the Special Declarant Rights (as defined) in Section 3103 of the Pennsylvania Uniform Condominium Act, plus all other powers, rights, and interests identified in and as more particularly set forth in one or more Partial Assignments of Special Declarant Rights between Bridgeport Associates, Inc., as Declarant, and Michaell. Martin, Inc., as Successor Declarant (hereinafter also referred to as "MLMI"), intended to be recorded, in and to a portion of the flexible condominium known as "The Woods at Bridgeport, a Condominium", located. in the Borough of Lemoyne, Cumberland COJ.lnty, Pennsylvania created pursuant to a certain Declaration of Bridgeport Associates, Inc. and Michaell. Martin, Inc., dated December 14, 1992, which has heretofore been submitted to the provisions of the Uniform Condominium Act, Act of July 2,1980, P.l. 286, No. 82 (68 Pa. C.S.A. 93101 et seq.) by the recording of the said Declaration in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 433, Page 719, as amended or as may be amended, and that certain Declaration Plat Building One, The Woods at Bridgeport, a Condominium, by Hartman and Associates, dated November 24, 1992, revised December 9, 1992, and December 11, 1992, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 65, Pag 81, as amended or as may be amended, (collectively, the "Condominium Documents"), more particularly identified as Units 11A, 11 B, 12A and 126, inclusive, of said Condominium, including without limitation the following: " -,-~. ~~~-~--.._" ~~ -~="-"~,-~ ~,-" ~-~"-,~~-,,,.,.- v".,.; _ ~'- .. " " (1) The right to convert such property into Units, Limited Common Elements and Common Elements, subject to compliance with the Condominium Documents; and (2) The non-exclusive right to an easement on, over or under those portions of the Common Elements, not located in a building that contains Units, for all purposes relating to construction, development, leasing and sale of Improvements, as hereinafter defined, on such property; together with the Units, Limited Common Elements and Common Elements upon conversion of such property, or thereafter arising. All of the foregoing are hereinafter collectively called the "Premises"; (b) all buildings, structures and other improvements (collectively, the "Improvements") now or hereafter erected on the Premises; (c) all machinery, apparatus, equipment, fittings, fixtures and other articles of personal property, including all costs that become fixtures (collectively, the "Equipment") now owned or hereafter acquired by Declarant and now or hereafter located on, attached to or used in connection with the Premises and the Improvements, and all replacements thereof, additions thereto and substitutions therefore; (d) all building materials, machinery and equipment owned by Declarant delivered. on site to the Premises during the course of, or in connection with, construction of the Improvements; (e) all rights, privileges, licenses, permits, authorizations and agreements now or hereafter obtained by Declarant from any governmental authorities having jurisdiction over the operation, management or use by Declarant of the Premises, the Improvements and the Equipment or otherwise, including but not limited to, the non-exclusive use of the name condominium; (0 all contracts, easements, licenses or agreements to which Declarant now or hereafter is a party, either directly or indirectly, by assignment or otherwise, relating to the operation, management or use of the' Premises, the Improvements or the Equipment; (g) all leases of the Premises and Improvements, or any part thereof, now or thereafter entered into, and all right, title and interest of Declarant thereunder, including cash or securities deposited thereunder to secure performance by the tenants of their obligations thereunder, and including further the right to receive and collect the rents thereunder (collectively, the "Leases"); - 2 - , .. ____"~._ "-_O<""'...F"_'C_~",=,,,,,","'"'''' < '-" ,,"_l"'-~=o'-'" "__",", _~_,-_ ,. , .' (h) all accounts and general intangibles, including but not limited to all right, title and interest of Declarant in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter obtained by Declarant with respect to the Premises and the Improvements; and (i) all proceeds of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including without limitation all proceeds of the insurance to be maintained by Declarant and all awards or other compensation heretofore or hereafter made to Declarant with respect to any part of the Premises, the Improvements or the Equipment as the result of any condemnation, including any awards for changes of the grades of streets and any awards for seyerance damages. 6k,~ NOW, the day of June, 2000, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said. Michaell. Martin, Inc. , to the said Michaell. Martin, Inc. to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Michaell. Martin, Inc. and the further consideration of One Dollar, to Michael L. Martin, Inc. paid by Michaell. Martin, Inc., it is agreed that no lien shall be filed against the building by the contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF . OWNER: MICHAEL L. MARTIN, INC. BY:~~~~ CONTRACTOR: Michaell. Martin, Inc. BY:~~~ - 3 -