HomeMy WebLinkAbout99-0661271< q q . (, L I? m 1-0 *7-t -.
WAIVER OP I.INNS // %:fir
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KNOW ALL MEN By'ruirsr PRESEN'T'S, that
WHEREAS, Carl'r. 13ark], and Lisa K. Bark?]!!'(collectively the "Owner") and
Oakwood Custom Honncs, Inc. ("Contractor") have ciiforcd into an agreement ("Agreement")
relating to the construction of certain improvements to it parcel of real property known as Lot
#15 North Newton Manor, Newville, Cumberland County, Pennsylvania, as more particularly
described on Exhibit A attached hereto ("Premises"), as part of the consideration 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, materialman, 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
of the sum of One Dollar (S 1.00) to Contractor in hand paid, the receipt of which is hereby
acknowledged, as well as for and in consideration of the 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 I ien shall be an independent covenant
and shall also operate and be effective with respect to work done and materials famished 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 ajury trial in any action to strike or discharge the lien.
If the undersigned or any contractor or ni tcrialmen 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 fomi 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 ofoff-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,
ao work of any kind has been done:uul no materials or supplies of any kind have been furnished
in the performance of the aforesaid Agrccmcnt 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, nmteriahmen, laborers on said work shall look to and hold
Contractor liable for the Agrccmcnt, materials furnished and work and labor clone, 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 anti
remedies herein contained shall be available to and for the protection of Owner.
IN WITNESS WHEREOF, Contractor and the Owners have signed and scaled these
presents as of the 1 I th day of October, 1999.
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OWNER:
Witn arl T. Barkleiv,:o
W' ncss Lisa K. I3arklay
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COMMONWEAum 01 ,PENNSYLVANIA, / ,'- ? 1 f???' COUNTY ss:
On this, the _ day of 1999 before me, a Notary Public
for the Commonwealth of Pennsylvania, personally appeared Carl 1'. Barklay and Lisa K.
Barklay 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 WEIEREOF, I hereunto set my hand and seal.
tary Public
M Commission Expires: lZ -?3 v Z
Notanal Seal
Fmnk.1 Buck,NOfary Public
Sring Garden Twp., York County
nf;c ommission Expires Dec. 23.2002
Member, Penrsylvama AsSeciatcn of Notaties
COMMONWEALTH OF PENNSYLVANIA:
:ss.
COUNTY OF
?'?liG-7e
On this, the 1?y of (iG/7?fE 1999, before me, a Notary Public
in and for the Conunonvcalth of Pennsylvania, personally appeared who
acknowledged himself/ hersclrto be the President of Oakwood Custom Flomcs, Inc. and that he
as such officer, executed the foregoing instrument on bchal f of such corporation for the purposes
therein contained.
IN WITNESS 'WHEREOF, 1 hereunto set my hand and official
Frank i ,,. y;m-y PUbho, `•-`J ommission Expires:
Spring Gart:a,. i p.. Yerk Ccun!y
t!y Commission i..pues Bee. 23, 2002
1 wIty Settlement Services o}Yorh, Inc.
ALL THAI' CURTAIN lot or tract of land situate on the easterly right of way line of Running
Puntp Road (f-328) in the Township of North Newton, County of Cumberland and State of
Pennsylvania known and numbered as Lot No. 15 on a final plan of North Newton Manor
recorded in the Office of the Recorder of Deeds in and for Cumberland County, PA in Subdivision
Plan Book 58, page 109, more filly bounded and described as follows, to wit;
BEGINNING at a point on the easterly right of way line of Running Pump Road (I'-328), at a
corner of Lot No. 14 on said plan; thence extending along the said easterly right of way line on a
line curving to the left, having a radius of 309.19 feet, an are distance of 159.56 feet, with a chord
bearing North 24 degrees 59 minutes 30 seconds East 157.79 feet to a point; thence continuing
North 10 degrees 12 minutes 25 seconds East 55.48 feet to a point; thence extending along a line
curving to the right having a radius of 25 feet, an arc distance of 39.83 feet, with a chord bearing
North 55 degrees 50 minutes 40 seconds East 35.75 feet to a point on the southerly right of way
line of S.R. 0641; thence extending along the same on a line curving to the left having a radius of
2000 feet, an arc distance of 126.10 feet, with a chord bearing South 80 degrees 19 minutes 35
seconds East 126.08 feet to a point at a corner of Lot No. 16 on said plan; thence extending along
the said Lot No. 16 South 03 degrees 26 minutes 00 seconds West 305.99 feet to a point; thence
extending along Lot No. 14 North 62 degrees 48 minutes 30 seconds West 238.39 feet to the
point and place of BEGINNING.
CONTAINING 1.104 acres.
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