HomeMy WebLinkAbout00-04661
STIPULATION AGAINST LIENS 71..a. (n). 'f~l.o I fl1 LtJ TM.-
THIS AGREEMENT made as of this -z.~ day of June 2000, by and between EAST
PENN DEVELOPERS, LLC (hereinafter called the "Owner"),
AND
SPEEDWELL CONSTRUCTION, INC. (hereinafter called the "Contractor").
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WHEREAS, Owner has entered into a written agreement with the Contractor for
construction ofa shopping center containing approximately 25,300 square feet of retail space and
a 10,125 square feet CVS on that parcel of land situated on the southeast quadrant of the
intersection of Wertzville Road (Pennsylavania S.R 0944) and Southmont Drive in East
Pennsboro Township, Cumberland County, 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,
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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 he erection, construction
and completion of said building as aforesaid, or under any contracts for extra work, or for work
supplemental thereto, or otherwise.
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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 tile 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, or materialmen, any and all claims or claim, lien or liens, filed by or
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for the Contractor, or any sub-contractor or materialmen, 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 authority, and a reference to the Court, Term and
Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of
the authority herein contained to 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 or concerning the same.
[Signatures on following page]
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IN WITNESS WHEREOF, the parties have cause the foregoing Stipulation Against Liens
to be executed as ofthe d If and year first above written.
OWNER:
EAST PENN~~PERS, LLC
By: -(r,~
Kevin M. Dowd, Esq.
Its: Agent
Duly Authorized
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Name:
CONTRACTOR:
SPEEDWELL CONSTRUCTION, INC.
By:
--Keith . Eber 0 e
Its: Vice-President
Duly Authorized
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STATE OF CONNECTICUT )
) ss. West Hartford
COUNTY OF HARTFORD )
On this a~y of June, 2000, before me, the undersigned, personally appeared
Joseph R. Baranowski, who acknowledged himself to be a Member of East Penn Developers,
LLC and that he as such Member, 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.~ ~ u.. k () Cunn~
Notary Public
My Commission Expires:
SANwf~A LE~ O'COI\iNELL.
NOTARY PUJJLlC
MY COMMISSION EXPIRES OCT. 3UOO4
COMMONWEALTH OF PENNSYL V ANlA)
) sS.:
COUNTY OF )
On this ii'-day of June, 2000, before me, the undersigned, personally appeared Keith
Ebersole who acknowledged himself to be the President of Speedwell Construction, Inc. and that
he as such President, 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.
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Nl5tary Pub c
My Commission Expires:
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Notarial-Seal .
Brad L. Walllon, NotarY Public
Ml Jay Bore, Lancaster County
My commission Expires Oct. 19, 2002
Member, PennsylVama ASSOCiation of Nrtaries
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