HomeMy WebLinkAbout98-05790
Ii" '/1...,1'/(' 11'1 (J 7'("..
I,dII' ()/Jk.',
IHWI.\', ,I/I'K.\'UiIlT.~ /II'(illl:'S
fIIJ 11',." I'mu/,,.,.\',,,..,,. Car/ill,., 1'.'n"\I-IIII";" rul.l..I:::
TillS AGREE~IENT,llIade and cuncluded thi,B-f--day ufOctuher. I')')S. helween
:\t1STY MEt\DO\\'S PARTNERSIIII). a Pennsylvania gener:l) p;lrtncr~hip ha\'llIg its princIpal nUkes:1t
257 Country Club Road. Abbottstown, Adams County. Pennsylvania. pany of thl.: Iir~t p:ln (hcn:lI1ahcr c:lllcd
Owner),
ANI)
LEE DIAL, INCORPORATED. a Pennsylvania business corpllrJlioll having its principal ornecs at 7
Keystone Drive. Lebanon. Lebanon County. Pennsylvania. party of the second part (hereinafter called Contractor).
WHEREAS, the said partie, have by a duly e.,eculed agreemcnl under seal. dated August II. 1998.
entered into a written contract. executed by John T. Spicer. partner of Misty t\.leadows Partnership, for the erection,
construction and completion of certain work for the planned residential Sub-division known as Misty Meadows
Phase #1, located along East Springville Road in South Middleton Township, Cumberland Cuunty. Pennsylvania.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the
contract aforesaid and the consideration mentioned thereunder, as well as the funhcr C'onsideration of One ($ 1.00)
Dollar to him in hand paid by the Owner at or before the sealing 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 whal,oever shall be filed or maintained againstlhe said building or buildings or the curtilage or
curtilages appurtenant thereto, by Contractor or by any sub-contractor, material men or laborers for work done or
materials furnished under said contract or by any other party acting through or under them or any of them for and
about said building or buildings or any part thereof. or on credit thereof. and that all sub~contractors. material men.
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 Ihat there shall not be any legal or lawful claim of any kind whatever against
Owner for any work done or labor or materials furnished under said contract for and about the erection, construction
and completion of said buildings ali aforesaid. or under any contract for extra work. or work supplemental thereto,
or otherwise.
AND thi:; Agreemer.t waiving the right of lien shall be an independent covenant and shall operate and be
effective as well with respect to work done and materials furnished under any supplemental contract for extra work
in the erection. construction and completion of said project us to any work and l<ibor done nnd materials furnished
umkr the contract aforcsnid.
ANI>. in order to give thc Owner full power .md authority to protect itsclf and the Int or lots of ground
against any and all claims tiled by the Contraclor or anyonc acting under or thn\ugh him or it in viohuion of the
foregoing covenant. thc said Contractor fur himself. themselvcs. itself, hcrehy irrevocably authorizes and empowers
any Attorney of any Court of Common Pleas of the Commol1\\!ealth of Pennsylvania, to appear for him. them, it, or
any of them. in any of the said Courts of Common Pleas as Attorney for him. them or it and in his, their. its. name.
mark satislil'd of reconJ at the cost and expense of the Contractor or of any Sub.ContraclOr or Material man. or
Material men, any and all claims or claim. lien or liens. tiled by or for the Contractor. or allY SUh-COlllrolctor or
Material man, or in his or their name against said building or buildings. Jot 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 Coun. Ternl and
Number in which and where this Agreement shall have been filed shall he a ..;ufficicnt exhibit of the Authority
herein contained to warrant such action. and the Contractor for himself, themselves. itsell: do hereby remise, release
and quit-claim all rights and all manner of errors. defects and imperfectiuns whatsoe\'cr in entering such satisfaction
or in any-wise touching or concerning the samc.
IN \VITNESS \VIIEREOF. the said parties havc hcreunto scttheir hands and seals dated the day and year
first above written.
MISTY MEADOWS PART;>;ERSHIP
BY:
"0wnerll
ATTI;,ST:
/1jM/!!/"tG~
!/
BY:
"Cuntractor"
;>
,,,.
v~
2
(=, -)
,
.,
'.:.)
'0
)
.,
I
.-.
"
...,
, .-
,;;1
)
, '.
.)
Ij
"
Ii
~
-
p
jI
f)
'" --
~
S> f
~ I
53
f:-
~
~.
,