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HomeMy WebLinkAbout07-0480 , O~ - ""PO (YJi])I~ . .' WAIVER OF LIENS KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, Corey Berkheimer, s/m (collectively the "Owner") and Rich Valley Construction, LLC ("Contractor") have entered into an agreement ("Agreement") relating to the construction of certain improvements to a parcel of real property known as Oak Lane, Lot 6, Middlesex Township, Cumberland County, PA, identified as Cumberland County Tax Parcel No. 21-17 -2692-020, as more particularly described on Exhibit A attached hereto ("Premises"), as part ofthe cosideration for which agreement this Waiver is given; WHEREAS, the Contractor has covenanted, promised and agreed that no mechanics' liens or claims will be entered and filed against the Premises by Contractor, its subcontractors, vendors, materialmen, laborers or anyone else for any work, material or labor supplied in the performance of the Agreement or any supplemental agreement for extra work. NOW, THEREFORE, Contractor, intending to be legally bound hereby, in consideration ofthe sum of One Dollar ($1.00) to Contractor in hand paid, the receipt of which is hereby acknowledged, as well as for and in consideration ofthe entry by Owner thereunder, it is stipulated and agreed that neither the undersigned Contractor, any subcontractor, vendor, materialman, laborer, nor any other person furnishing labor or materials to Contractor with respect to the Agreement shall file a lien, commonly called a mechanics' lien, for work done or materials furnished to the buildings or improvements located on the Premises or any part thereof. This stipulation and agreement waiving the right of lien shall be an independent covenant and shall also operate and be effective with respect to work done and materials furnished under any supplemental agreement or arrangement for extra work in the erection, construction and completion of any buildings or improvements on the Premises. In the event that any mechanic's liens or claim is filed by the undersigned, undersigned hereby irrevocably waives any right to a jury trial in any action to strike or discharge the lien. If the undersigned or any contractor or materialmen claiming by, through or under the undersigned files a mechanic's lien, notwithstanding this Waiver, the Owner or the Owner's representatives, successors or assigns shall have the right to discharge the lien by appropriate legal proceedings and to retain out of any payment then due or thereafter to become due to the undersigned an amount sufficient to completely reimburse and indemnify Owner against expenses and losses resulting from such lien. Expenses and losses shall include any attorney's fees, surety bond premiums and other costs incurred in attempting to discharge or remove such lien and nay damages or other losses resulting form such lien all of which the undersigned agrees to pay. If any payment then due to the undersigned by Owner is not sufficient to reimburse and indemnify Owner by way of off-set as aforesaid, the undersigned agrees to pay the amount of the difference to Owner upon demand. "' The undersigned hereby warrants and represents that as of the execution of this Waiver, no work of any kind has been done and no materials or supplies of any kind have been furnished in the performance of the aforesaid Agreement or any supplemental agreement of extra work in the erection, construction and completion of any buildings on the Premises or otherwise. This Agreement and Waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County where the Premises are located and Contractor agrees that it, all subcontractors, vendors, materialmen, laborers on said work shall look to and hold Contractor liable for the Agreement, materials furnished and work and labor done, so that there shall not be any legal or lawful claims of any kind whatsoever against Owner for any work done or labor or material furnished under the Agreement with the Contractor. It is expressly understood that the foregoing Waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Owner. IN WITNESS WHEREOF, Contractor and the Owners have signed and sealed these presents as ofthe 12th day of January, 2007. RICH VALLEY CONSTRUCTION, LLC: JJ<<~p;R7~ GO\"9 &<j(.\'ti 1\1<' r, ~VV"@ Witness OWNER: Witness c~~ .. COMMONWEALTH OF PENNSYLVANIA: :ss. COUNTY OF ~ On this, the Jl~ day of , 2007 before me, a Notary Public for the Commonwealth of Pennsylvania, personal appeared Corey Berkheimer, s/m, known to me (or satisfactorily proven) to be the person(s) whose name(s) subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. J'HOF NdIIIBISlIII ~Lf:~=-~CanY My~ia:lblExpiesFeb.17.2OtO MBIIber, Peftn8I4v8ftIa AlSOCIatfonof N01!tIes COMMONWEALTH OF PENNSYLVANIA: :ss. COUNTY OF ~wtML On this, the ~ day of , 2007, in and for the Commonwealth of Pennsylvania rsonally appeared who acknowledged himself/herself to be the ~ 0 Rich Valley Construction, LLC and that he/she as such officer, executed the foregoing instrument on behalf of such corporation for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ My Commission Expires: . . . . ' ALL THAT CERTAIN tract of land situated in Middlesex Township. Cumberland County, Pennsylvania. consisting of Lot No.6 on the Plan of Anthony L. and Davadine S. Lepore, which plan is recorded in Plan Book 69. Page 10, CUmberland County records, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin in the legal right-of-way of Oak Lane, at the corner of lands now or formerly of Larry P. Kennedy; thence along said Oak Lane, South 32 degrees 55 minutes 30 seconds East, a distance of 100 feet to an iron pin; thence along the dividing line of Lots Nos. 5 and 6, South 63 degrees 00 minutes 30 seconds West, a distance of 183.43 feet to the corner of Lot No. 6A and 6, North 37 degrees 58 minutes 41 seconds West, a distance of 101.32 feet to 3 concrete monument; thence along lands now or formerly of Larry P. Kennedy, North 63 degrees 00 minutes 30 seconds East, a distance of 192.40 feet to an iron pin. the place of BEGINNING. CONTAINING 0.4291 acres, more or less. UNDER AND SUBJECT to the restrictions as set forth in the Plan of Evergreen Estates, Section "An and to restrictions placed on said lots by D. Edward Ott. dated December 27, 1956. and recorded in Misc. Book 124. Page 351, Cumberland County records, and to those on the Plan. 1 (::) "'9- ~ -... .fI1 0 '- ----- (} ~ ~ ~ ~ ~ V') ""<) CY J (J c;J - ~ r ,_/,1 o r;, ;~~. '"" ~ij; --- o II ::~ hl ::D r- ~ :gtj ;~~ 5;: :n -< ~:- ...,;,.";Jo ""T'.,," 2? _....:... N a \.D