HomeMy WebLinkAbout03-0665'Waiver of Liens
Commonwealth of Pennsylvania
Form K3
CHASE 0
GRANITE LOAN
MANAGEMENT
WHEREAS, the undersigned Owner,/?,~,,~dlT,~,~¢~':~",, ,.~,,_.,~¢' has entered into a certain construction agreement
described on Exhibit "A" hereto (the "Contract")with the undersigned Contractor,'~ ¢/-,.~."/¢r'~./~''~¢-- .L~.
(the "Contractor"), to provide materials and perform labor necessary for the construction of certain impffovements as
described on Exhibit "A" hereto on the property identified on Exhibit "A" hereto and which is further described on Exhibit "B"
hereto (the "Property"); and
WHEREAS, as a condition of the Contract, Contractor has agreed to execute a waiver of mechanics' liens.
NOW, THEREFORE, Contractor, in consideration of the foregoing and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, agrees with Owner and all
subsequent owners of the Property, as follows:
Contractor, for itself and any laborers, workers, subcontractor(s) and anyone else acting through or under it, represents,
warrants, covenants and agrees that no mechanics', materialmens' or other liens, encumbrances or claims shall be or have
been filed or maintained by it, them or any of them, against the improvements which are the subject of this waiver or the
Property, for or on account of any work to be done or materials furnished under the Contract and/or by or through Contractor.
Contractor, for itself and any laborers, workers, subcontractor(s) and anyone else acting or claiming through or under it,
hereby irrevocably and forever waives and relinquishes any and all rights to file a mechanics', materialmens' or other lien,
encumbrance or claim or notice of intention to file any of the foregoing. This waiver is and shall be construed as a sepa-
rate and independent covenant and shall be operative and effective with respect to any and all work or labor done and
materials subsequently furnished under any supplemental contract or contracts for extra, different or subsequent work
and/or materials, although the covenant might not be referred to therein, as well as to work and labor to be done or mate-
rials to be furnished under the Contract.
In order to give Owner full power and authority to protect itself and the Property and the work against any and all liens or
claims filed by Contractor or any laborers, workers, subcontractor(s) and anyone else acting under or through it or them in
violation of this waiver, Contractor, for itself and for any and all laborers, workers, sub-contractor(s) and anyone else acting
under or through it, as well as their respective heirs, personal representatives, successors and assigns, hereby irrevocably
authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or else-
where, to appear as attorney for it, them or any of them, in any such Court and, in its name or their names mark satisfied of
record, at the sole cost and expense of Contractor and of any others filing such lien or claim through Contractor, any and
all claim or claims, lien or liens filed in violation of this waiver or caused to be filed in connection with such claim or claims,
lien or liens (in the name of Contractor or any laborer, worker, sub-contractor or anyone else acting under or through it), any
pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate there-
in as part of the record this waiver and for such act or acts this waiver shall be good and sufficient warrant and authority,
and Contractor for itself, and for them, does hereby forever remise, release and quit-claim all rights and all manner of errors,
defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment or
in any way concerning them.
Owner shall have the absolute right in its name or in the name of Contractor, or any subcontractor, or any other person who
shall have filed a claim or lien, to cause any and all such claims or liens to be discharged by any other instrument, plead-
ing or proceeding permitted by equity. Contractor, any subcontractor and any other person who shall have filed any such
Continued on page 2
Waiver of Liens
Commonwealth of Pennsylvania
Continued -- Page 2
Form K3
CHASE 0
GRANITE LOAN
MANAGEMENT
claim or lien shall indemnify, defend and hold Owner free and harmless against the claim or lien, and against all direct, indirect
and consequential damages, claims, costs, expenses and other losses resulting in any way from the filing of any claim or lien,
and shall pay or cause to be paid to Owner the amount of its loss, with interest and all expenses incident to their having
discharged or attempting to have discharged the claim or lien, including attorneys' fees, costs and other disbursements.
Contractor hereby represents and warrants that no work of any kind or nature has yet been done on the Property, under the
Contract or otherwise, and no materials whatsoever have as yet been furnished to the Property by anyone under, toward or
in connection with the execution or performance of the Contract and that no such work shall be done and no such materi-
als shall be furnished until receipt of notice from Owner authorizing the same.
Contractor, intending to be legally bound hereby, has executed this Waiver of Liens this ~ day of
Name(s): i~u~lJ % (~f,~,,[7¢'~ ~onl~<~ ~ ~
Address: ~ ~i~v ~.
Attest:
[Corporate Seal]
Continued on page 3
CONTRACTOR:
..1::, c.
By:.
Name: ~ '~- _~
Title:
Address:,_~lb,~.' Og ~*-k ~,
Waiver of Liens
Commonwealth of Pennsylvania
Continued- Page 4
Form K3
CHASE
GRANITE LOAN
MANAGEMENT
EXHIBIT "B"
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN piece or parcel of land situate in Upper
Allen Township, Cumberland County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on the eastern dedicated right-of-way
line of Springwillow Drive, said point being on the dividing line
between Lots Nos. 42 and 43 on the hereinafter mentioned Plan of
Lots; thence along said dividing line North 41 degrees 56 minutes
01 seconds East, one hundred twenty-five and zero one hundredths
(125.00) feet to a point; thence South 48 degrees 03 minutes 59
seconds East, one hundred ten and zero one hundredths (110.00)
feet to a point on the dividing line between Lot Nos. 43 and 44 on
the hereinafter mentioned Plan of Lots; thence along said dividing
line South 41 degrees 56 minutes 01 seconds West, one hundred
twenty-five and zero hundredths (125.00) feet to a point on the
eastern dedicated right-of-way line of Springwillow Drive; thence
along same North 48 degrees 03 minutes 59 seconds West, one
hundred ten and zero hundredths (110.00) feet to a point on a
dividing line between Lot Nos. 42 and 43 on the hereinafter
mentioned Plan of Lots, the place of BEGINNING.
BEING lot No. 42 on Phase VIII - Final Subdivision Plan of
Meadowview Estates, said Plan being recorded in the Cumberland
County Recorder of Deeds Office in Plan Book 74, Page 108. Also
known as 1779 Springwillow Drive, Mechanicsburg, Pennsylvania, and
recorded in Deed Book 254, Page 3697.
Continued on page 5
'Waiver of Liens
Commonwealth of Pennsylvania
Continued -- Page 5
Form K3
CHASE 0
GRANITE LOAN
MANAGEMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SS
ON THIS, the r,,.-~-~'~ day of t'i/~r~_,/~ ,-[,ee~, before me, the undersigned._ ,~ __°fficer' personally appeared
C/.(..Pv .~- ° ~Oi k , who acknowledged her/himself to be the
of ~t~_ ud 4 ~'~'; '........~r~rC, , a .~.~, ~_ ~r-?~r,'./3'~,~. , the Contractor identified in the foregoing Waiver of Liens,
and that s/he, as such officer, being duly authorized so to do, executed the foregoing Waiver of Liens for the purposes there-
in contained by signing the name of the Contractor by her/himself as such officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~(~TARY PUBI- lC
My Commission Expires:
[Notarial Seal]
Notarial Seal
Tamie R. Hershey, Notary Public
Dillsburg Boro, York County
My Commission Expires Jan. 20, 2004
Member, PennsyivaniaAssociation of Notaries
Continued on page 6
End
SEWALT, INC.
~isqt2z.p yo~g Road
Dillsburg, PA 17019
Telephone 432--//~
CONTRACTOR
CONSTRUCTION AGREEMENT
THIS AGREEMENT MADE THIS 2~f"'DAY OF ~-/'~t/l/~))~/~"/ , ~ BY
AND BETWEEN SEWALT INC., ~$~ ~ Y~g ROAD, DILLSBURG, PA AND
~ '~ ~~ ~~ RESIDING AT
HE~INA~ER RE~RRED TO AS THE OWNER
AND
SEWALT, INC., HEREINAFTER REFERRED TO AS THE CONTRACTOR.
Witnesseth, that the parties hereto agree, as follows:
1. Price and Payment: The Owner agrees to pay to the Contractor for the performance of
the work herein set forth, the sum of $ .2-'355,, 2 OO as follows:
When foundation is complete /~ ~ 10% of Total
When under roof, rough plumbing LC"
and wiring are inst~ ,..~45,~o/of Total $
When drywall, exte~inished ~)
interior concrete floors poured /t.~f~ 15% of Total $
When house is complete according '"
to this Agreement. 30% of Total $
The Contractor is authorized to adjust the above schedule of payments in accordance with the
financing requirements of Owner's lender. Payments are due no later than seven (7) days after
request for payment. A late charge of $40.00 per day will be paid to the Contractor by the
Owner for each additional day thereafter, until paid.
2. Time and Completion: The work to be performed by the Contractor shall be substantially
completed within I:zO days of commencement, except as otherwise provided herein.
3. Plans Included in Agreement: The aforesaid building shall be erected in accordance with
the final working blueprints and specifications, which shall be duly executed and which are
made a part of this agreement, and which are hereinafter called "agreement". Contractor shall
furnish all the materials and perform all the work as required to complete the building in
accordance with this agreement, except the work and material to be performed by Owner as
provided herein. In the event of any discrepancy between the drawings and the specifications,
the specification will rule.
4. , Siting of Building and Excavation: The Contractor will, a.t its own cost, stake out the
foundation on the Owner's lot using Contractor's judgement as to the hc~use placement and
elevation advising Owner of same. Contractor will excavate and erect :the foundation, machine
backfill the foundation with materials excavated upon the premises and complete the structure
in accordance with the agreement. Owner agrees, that in the event additional backfill is
required, that it should be promptly supplied by Owner at Owner's cost.
5. Unusual Conditions:
A. In the event that the Contractor encounters any unusual conditions during the course
of construction, such as solid or machine work, quicksand, sink holes, water, springs and the
unusual condition requires 'any other work which, in the opinion of the Contractor is
considered to be unusual, such as removal of rock by blasting or drilling to their special
excavation, or the installation of special footings, sub-base, foundation walls or drain tiles, the
Contractor shall be compensated additionally by Owner for such work and materials provided
at Contractor's usual rates and charges.
B. Upon discovery of the unusual condition Contractor shall promptly give the Owner
written notice thereof. Owner shall have the option of agreeing to Contractor performing the
extra work or of terminating this contract. Owner shall give the Contractor written notice of
his election within five (5) days of Owner's receipt of the Contractor's notice. If Owner elects
to terminate this agreement, Owner shall pay to the Contractor the actual cost of labor, and
materials performed and furnished by Contractor to the date of the Contractor's notice to the
Owner, plus an additional fifteen (15%) percent. The Contractor shall apply any advances
made by the Owner to such payment due from the Owner upon termination as aforesaid and
shall refund the excess, if any. Upon termination as aforesaid, Owner does hereby remise and
release Contractor from any claim whatsoever arising out of this agreement. If the Owner
fails to reply in writing within five (5) days to the Contractor's notice, the Contractor may, at
its option, elect to treat this agreement as terminated and Owner shall be liable for the
payments upon termination as set hereinabove. Contractor shall give Owner written notice of
said election.
C. In the event that additional concrete is required for deeper footers than are herein
provided because of the site conditions, Owner hereby authorizes Contractor to supply and
install the additional concrete and Owner agrees to compensate the Contractor for the cost of
such additional concrete.
6. Excused Delays: The Contractor shall not be liable for any delay in the commencement
or completion of the work caused by the act, neglect, default of the Owner, or as a result of
changes or alterations in the plan and specifications made by the Owner, or by damage by
fire, earthquake or other casualty for which the Contractor is not responsible, or by strike,
walk-outs or any other act of employees or suppliers of labor or materials, over which the
Contractor has no control or for which the Contractor is not responsible. In any such event
the time herein fixed for the completion of the work shall be extended for a period equivalent
to the time lost by reason of any of the causes aforesaid. Provided, however, that non-
performance of this agreement by the Contractor is excused when such non-performance is
caused by an order of any court or other public authority, by a.ny governmental control,
regulations, restrictions or allocations or labor, supplies and materials ingtituted by state or
municipal or governmental agency for any reason whatsoever.-
7. Survey Reo_uired: Owner shall, prior to start of construction, provide Contractor with a
plot plan and surve3~-prepared by a registered professional surveyor or engineer and Owner
shall cause the lot to be fixed with stakes or pins installed upon the aforesaid premises by the
registered professional surveyor or engineer marking the limits and boundaries of Owner's lot.
8. Permit; Utilities: The Owner hereby authorizes and appoints Contractor to obtain at the
cc,~W'P-Prc-F~R ~5 expense, all necessary permits or authorizations from all
municipal bureaus, departmenis or utilities which may be required for the construction or
occupancy of said dwelling house, and to that end, authorizes the Contractor to execute their
names to any applications for such permits or authorizations. The Owner shall provide and
pay for electric, water, sewer and heating fuel or energy to be used during the course of
construction.
9. Work by Owner: In the event Owner desires or may be required to provide labor and
materials not included in this agreement, he shall not do so without the prior written approval
of the Contractor and shall do so only in such a manner as to not delaS, the progress of the
Contractor's work. Owner further agrees to not interfere with the material progress of the
work. In the event Owner does not promptly complete the work he is obligated to do,
hereunder, Contractor may complete same and Owner shall pay Contractor's costs plus 15%
for overhead, supervision, work and materials. Should the Owner, in the sole opinion of the
Contractor, interfere with the construction or fail to make scheduled payments when
requested, Contractor may consider such failure a breach of performance and Contractor shall
receive all sums due hereunder, including profit lost.
10. Insurance:
A. Risk of Loss: The Owner shall, during the.progress of the work, maintain insurance
on the same against loss or damage by fire, as well as insurance to protect the Contractor and
the Owner against losses, claims, actions or suit either at law or equity for injury to persons
or damages or property, the policies to cover all work incorporated in the building, and all
materials for the same in or about the premises, and to be made payable to the parties hereto,
as their interests may appear. Owner does hereby agree to be responsible for any theft,
malicious mischief and vandalism upon the structure during the course of said construction
and upon all materials in or adjacent to the structure intended for use thereon. Owner does
further agree that the risk of loss of any work or materials performed or furnished under the
terms of this agreement through fire, vandalism, theft, malicious or any other hazard shall be
upon Owner.
B..Builder's Liability Insurance: The builder shall maintain such insurance as will
protect him from claims under workman's compensation acts, and from claims from damages
because of bodily injury, including death, which may arise from and during operations under
thi~ contract. Certification of such insurance shall be flied with the Ow..ner if he so requires.
11..Stipulation Against Liens: Contemporaneously with the signing Of this agreement, the
Contractor shall execute and deliver to the Owner a proper sti~uiation against any and all
mechanic's liens, which stipulation and waiver may be filed by the Owner in the appropriate
prothonotary's office at Owner's expense.
12. _Compliance With Codes; Additional Cost: In the event that any municipality or
governmental ordinance, code or regulation requires plumbing, electrical, or other
requirements different from or in addition to the provisions of this agreement, Contractor shall
give over notice of same, and Owner shall compensate Contractor for any additional work and
materials, required by the aforesaid regulation or municipality at Contractor's usual rate.
13..Substitution of Material: In the event that the Contractor is unable to obtain the exact
materials specified on the plans and specifications or on the options attached hereto, through
the Contractor's ordinary and usual sources of supply, the Contractor shall have the right to
substitute materials of similar pattern, design and quality.
14..Owner's Warranties: Owner covenants, represents and warrants that his land conforms to
all zoining, planning and other building requirements; that his parcel (jr land is suitable for
the construction required and provided under the terms of this agreement; that the premises
are level, free of trees and any other usual conditions, which will entail additional cos[ and
expense to prepare the site for construction thereon; that there is road access to the premises,
allowing trouble-free and uninterrupted movement of vehicles, machinery and equipment,
incidental to the work of construction; that there are no unrecorded deeds; that title is good,
marketable and insurable by any reputable title company; that a perpetual right of way exists
to the premises; that the said premises is free of any encumbrances, liens, easements, etc.; and
that there are no actions, causes of actions, or claims which might at a later date impair the
title. The Owner shall, at his expense, forthwith remedy any breach or violation hereof which
may exist or arise at any time. The Owner particularly understands and agrees that each
covenant, representation, and warranty, herein contained, is severally of the essence of this
agreement and the breach or violation of any one shall excuse performance of Contractor.
15. Inspection and Occupancy: Contractor at any reasonable time may permit Owner to
inspect said construction and buildings but Owner shall not be entitled to keys or possession
of the building prior to payment of all sums due under this agreement, including extra work.
Owner may not be on said site unless instructed by Contractor's representative, at which time
the Contractor or Contractor's representative must be present. In no event shall the Owner
occupy or take possession before final payment has been made. In the event Owner breaches
this provision, Owner shall be deemed to have accepted the home "as is" and does hereby
waive any claims against Contractor. A breach of this provision by the Owner shall be
considered a breach of the contract by the Owner, and shall entitle the Contractor to stop
work or terminate this contract and recover from the Owner payment for all work executed
and any loss sustained including profit and damages.
16. Entire Agreement and Changes: It is understood and agreed that the entire agreement of
the'parties is contained in this construction agreement, plans and specifications. The parties
warrant that there exist no other agreements, written or oral pertaining to this transaction.
Any other written agreements required by a financing institution hereafter, shall be
supplementary hereto. No changes will be made in the plans and specifications, unless a
work-change order has been prepared in writing, signed by Contractor and Owner, specifically
stating the details of the change in construction and the additional cost thereof or credit to be
allowed against the contract price of construction. All extras not included in contract price
will be paid directly to Sewalt, Inc. when ordered. These items are non-refundable. Any
changes after the contract is signed will be at the "cost" of the change, plus a $100.00 change
fee. The change must be paid for when the chance is ordered by the Owner. Contractor
reserves the right to refuse to approve changes which result in a substantial alteration of the
plans and specifications.
17. Owner's Duty to Report Defects: Owner agrees to exercise reasonable diligence in
ascertaining and report to Contractor, as work under this agreement progresses, any defects,
deviations or deficiency in performance or material. The failure of Owner to so ascertain and
inform Contractor shall be considered a waiver of any claim by Owner thereafter for said
defect, deficiency or deviation. Owner agrees that any progress payments made by Owner as
set forth in Paragraph 1 of this agreement, shall be deemed in full and'complete acceptance of
said work performed by Contractor up to the time of said payment, except for these defects,
deficiencies or deviations which Owner has advised Contractor of in writing as herein .set
forth.
18. Notice of Completion:
A. Finalization: Except as set forth hereinabove, the dwelling shall be considered
completed when it has been cori-structed in substantial conformance with the plans and
specifications hereinabove mentioned, or if required, when a certificate of occupancy has been
issued or when said dwelling house has passed final inspection by the municipal, borough or
township building inspector, or lending institution. Upon completion of performance of the
agreement, Contractor shall within five (5) days thereafter, give Owner notice of said
completion and Owner shall thereafter within five (5) days of said notice by Contractor,
inspect the premises with Contractor and advise Contractor, in writing, of any defects,
deficiencies or deviations.
B. Failure of Owner to: (1) inspect; and (2) give notice as aforesaid; and (3) enumerate
said defects, shall be deemed a waiver of any claim thereafter by Owner of said defect,
deficiency, and Owner hereby releases Contractor from any claim arising therefrom.
C. Unfinished Items: If at the time of settlement there are items of work that are
unfinished, the Buyer agrees to pay to Sewalt, Inc. the purchase price in full, plus the cost of
any extras the buyer may have ordered and not paid in advance, accepting Contractor's
written certification that the unfinished items of work will be completed as soon as materials
become available or when the weather and soil conditions permit. In the absence of written
certification, it will be presumed that all work to be performed by the Contractor has been
completed satisfactorily before settlement.
19. Unused Materials: It is understood and agreed that the Owner shall not be entitled to any
material, which has not been incorporated into the construction, except where he has
specifically paid for such material for his own purpose.
20. Binding Effect: This agreement shall be binding upon the parties, their heirs, executors,
administrators, successors and assigns.
21. Agreement Not Assignable: This agreement shall not be assigned by Owner.
22. Notices: Ail notices hereunder, for Contractor and Owner shall be sent to addresses on
page one (1) of this agreement, unless otherwise notified. ..
In wimess whereof, the parties hereto, intending to be legally bound hereby, have
hereunder set their hands the day and year above written.
Witness as to Owns:
Wimess as to Owner:
Owner**
Owner**
Witness to Contractor:
Contractor:
SEWALT 1NC.
Bruce N. Seik, Pres.
717-432-1180