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HomeMy WebLinkAbout07-3241I~lo. D`7- 3 ~.y/M~b RESIDENTIAL BUILDING (LESS THAN ONE MILLION DOLLARS) CONTRACTOR'S WAIVER OF LIENS (49 P.S. 1402) THIS AGREEMENT made and concluded this 30th day of May, 2007, between Brock A. Brenize and Julie M. Brenize of Shippensburg, Pennsylvania (the "Owner") and Snoke's Excavating & Paving, Incorporated of Walnut Bottom, Pennsylvania (the "Contractor"). THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement (the "Contract") Owner and Contractor have contracted for the erection, construction, alteration or repair of a residential building with a contract price of less than one million dollazs (the "Improvement") to be erected on real estate described in Exhibit "A" attached (the "Property"), as referenced in the Preliminary/Final Subdivision of Land prepared by Curfinan & Zullinger Surveying Inc. dated November 6, 2006, and recorded in Cumberland County, Pennsylvania, Plan Book 93, Page 118. B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialmen's liens or claims would be filed or maintained in the Property or any part thereof, or the cartilage or cartilages appurtenant thereto, either by himself or any subcontractor, or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the Improvement on the Property or any of the cartilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: The Contractor, for himself or any subcontractor, and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owner in the Property or the cartilage or cartilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvement or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvement, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien (as provided for in 49 P.S. § 1402) 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 the Improvement as to any work and labor done and materials furnished under the Contract. 3. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singulaz shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHERE OF the said parties have hereunto set their hands and seals dated the date and year first above written. OWNER: I -L,~ J`1 G ~ l~ ~ Br k Br@nize '' Julie M. Brenize CONTRACTOR: Snoke's Excavating & Paving, Incorporated (Print/Type) ~h or„ a ser, V, c ~ ?i~-~s; ~ EXHIBIT "A" Combined Description of Lots 3 and 5: ALL the following described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, more particulazly described as follows: BEGINNING at a point in Clover Hill Road (T-364); thence North OS degrees 29 minutes 34 seconds East, 26.05 feet; thence North 79 degrees 09 minutes 27 seconds East, 745.25 feet; thence North 12 degrees 26 minutes 38 seconds West, 547.55 feet; thence South 83 degrees 51 minutes 50 seconds East, 225.37 feet; thence North O1 degrees 39 minutes 42 seconds West, 126.83 feet; thence North 78 degrees 47 minutes 29 seconds West, 210.56 feet; thence North 27 degrees 22 minutes 36 seconds West, 191.63 feet; thence North 39 degrees 52 minutes 04 seconds East, 98.42 feet; thence South 84 degrees 52 minutes 28 East, 500.00 feet; thence South 29 degrees 19 minutes 24 seconds West, 433.39 feet; thence along a curve to the right having a radius of 50.00 feet and a chord bearing South 63 degrees 12 minutes 45 seconds West and a chord length of 56.87 feet (and an arc length of 60.49 feet); thence North 82 degrees 07 minutes 47 seconds West, 150.20 feet; thence along a curve to the left having a radius of 26.00 feet and a chord bearing South 42 degrees 42 minutes 48 seconds West and a chord length of 42.68 feet (and an arc length of 50.06 feet); thence South 12 degrees 26 minutes 38 seconds East, 406.29 feet; thence South 20 degrees 53 minutes 17 seconds East, 38.77 feet; thence along a curve to the right having a radius of 53.00 feet and a chord bearing South 33 degrees 21 minutes 24 seconds West and a chord length of 86.02 feet (and an arc length of 100.36 feet); thence South 87 degrees 36 minutes 06 seconds West, 72.82 feet, thence South 79 degrees 09 minutes 27 seconds West, 655.56 feet to the place of BEGINNING. Containing a total of 3.9442 acres. UNDER AND SUBJECT to notations and conditions as shown on the Subdivision Plan. BEING the combination of Lot #3 as shown on Subdivision Plan recorded in Cumberland County Plan Book 93, page 70 and Lot #5 as shown on Subdivision Plan recorded in Plan Book 93, Page ~-~=~ ; I / ~. AND as to Lot #3, being the same lot that was conveyed to Brock A. Brenize and Julie M. Brenize by deed dated December 26, 2006 and recorded in Cumberland County Deed Book 278, Page 566. AND as to Lot #5, being the same lot addition that was conveyed to Brock A. Brenize and Julie M. Brenize by deed of John D. Eby and Rhoda Mae Eby, also known as Rhoda M. Eby, dated May 30, 2007, which deed is intended to be recorded simultaneously herewith. ~ n CC ra c°> v ~ iz, ~ - ~~~~ 3 ~~ m ~~ .~ ~ p O crs , z. r ~' `W c W <~ ~ ~ ~1 _ 1' ~ e., ~` 1~ ~ ~ i ~ n ~NN4. C? _ ~ --- -~ t. s ~.