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HomeMy WebLinkAbout99-02632 I - )~. 99. .;2(" 3;1../'\1 /....() 1";- STIPULATION AGAINST MECHANICS'LIENS THIS AGREEMENT madc and concludcd this _?4d' day of .>>1.....-Y . 1999. BETWEEN THE ALLIANCE HOME OF CARLISLE, PA/INC. l/d/b/n CHAPEL POINTE AT CARLISLE. of 770 South Hanovcr Strcct, Carlislc, Pcnnsvlvania 17013. party ofthc first part (hcrcinaftcrcalled Owncr). - AND R. S. MOWERY & SONS, INC.. of 625 Hamilton Strcct. Carlislc, Pcnnsylvania 1'1013. party of thc sccond part. (hcreinaftcr callcd Contractor). WHEREAS the said partics lmvc by a duly cxecutcd Agrecmcnt undcr scal. bearing cvcn datc hcrcwith, cntcrcd into a wrillcn contract for thc construction of ccrtain rcnovations and additions to The Alliancc Homc of Carlislc, PA, Inc., known as Chapcl Pointc at Carlislc.located in the Borough of Carlislc (770 South Hanovcr Strcct), Cumbcrland County, Pcnnsylvania. NOW THIS AGREEMENT WITNESSETH: That thc Contractor for and in considcration of thc commct aforcsaid and thc considcrationmcntioncd thcrcundcr. as wcll as the furthcr considcration of Onc ($1.00) Dollar to him in hand paid by thc Owncr at or bcfore thc scaling and dclivery of thcsc prcscnts, thc rcccipt whcrcof is hcrcby acknowlcdged. docs hcrehy covenant, promise, and agrcc that no mcchanics' Iicn or claim or othcr Iicn or claim of any kind whatsoevcr shall bc filcd or maintaincd againstthc said building or buildings or thl: curtilagc or curtilages appurtcnantthcrcto. by Contractor or by any sub-contractor, materialmen, or lahorers for work donc, or materials furnishcd undcr said contract or by any other party acting through or under them or any of thcm for and about said building or buildings or any part thcrcof, or on credit thcreof, and that all sub-contractors, matcrialmcn and laborcrs on said work shall look to and hold Contractor pcrsonally Iiablc for all sub-contracts. matcrials furnishcd and work and labor done. so that there shall not bc any lcgalor lawful claim of any kind whatcvcr against Owner for any work done or labor or materials furnishcd undcr said contract for and about thc crection, construction. and complction of said buildings as aforesaid. or under any contract for cxtra work or for work supplemcntalthercto or othcrwise. AND this agreemcnt waiving thc right of Iicn shall bc an indcpcndcnt covenant and shall operate and be effective as wcll with rcspectto work done and materials furnishcd under any supplemelllal cOlllract for cxtra work in thc crcction. construction. and complction of thc said building or buildings as any work and labor done and materials furnishcd under the contract aforesaid. AND, in order to givc thc Owncr full power and authority to protect himsclf and thc lot or lots of ground against any and all claims filcd by thc Contractor or anyone acting under or .through him or it in violation of the foregoing covenant. the said Contractor for himself, themselvcs. itsclf. hereby irrevocably authorizes and empowcrs any Attorney of any Court of Common Pleas of the Commonwcalth of Pennsylvania. to appear for him, thcm. it or any of thcm. in any of the said Courts of Common Pleas as Allorncy for him, thcm, or it and in him, their. its. name, mark satisfied of record at thc cost and expcnsc of the Contractor or of any Sub-Contractor or Materialman. or Materialmcn. any and all claims or claim. lien or lien. filed by or for the Contr.lctor, or any Sub-Contractor or Materialman. or in his or their name against said building or buildings, 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 rcfcrence to thc Court, Term and Numbcr in which and where this Agrecment shall havc bcen filcd shall bc a sufticient cxhibit of the Authority herein contained to warrant such action, and thc Contractor for himself. thcmselves. itself. do herehy remise. releasc and quit-claim all rights and all manner of errors, defccts and imperfections whatsoevcr in cntcring such satisfaction or in anywisc touching or conccrning the samc. IN WITNESS WHEREOF. the said partics havc hcreunlo sctlhcir hands and seals dalcd thc day and ycar first ahovc wrillen. tliYfE3T. a/;'9..t...,.".f" THE ALLIANCE flOME or CAl~LlSLE. PA. INC. TIDIB/A CHAPEL POlNTE AT CARLISLE ,A;~.{) ,7~ / By: I 1/' /, /; , " " \~f"', , i '/~" - 'j/: '((," ( '..m _~S.EALl John D. Hcndrickson. Executive Dill'c!or ArrEST: R. SI MOWERY & SONS, 11'C. ., \ '.' I" i 1 h~ (':'1A' .,:" t,I}~ \l /, 11}\;p:"l htj!'" fJ. t.' , . "'i- , . " By: i..., "I'j.'/ j)') " . , ~'(',<J 1." i"""'''-----, tSb\1.i .j, "" /III /)) ,./ . ~ 'l I I'l~ .(~.~ '1, ,'_~'. (./~".'" cS 'f f-: . ~ 5 ~ .. ~ , ~~ '" "" 0;; ~ ~~ >-- U) G ~ ("; .~ I- N :-.::>.- ~I~? 0.,> a'~(') -~ :r..: (J;::-.. 2~: <L '-).~ <'-, -,....,:;- :: .'L'~ ~;..., , -~/- h:~.;' ~ ..~~.: ;.l;tu ~. :EE :!)a..;, ;-. ..... ~-;; u. 0'> ::> 0 0'> C,) .