HomeMy WebLinkAbout01-6085STIPULATION AGAINST LIENS
THIS AGREEMENT made this o',~qt'~ day of October, 2001 by and between:
H & M Enterprises, Inc., a Pennsylvania business
corporation with a principal address and place of
business at 1480 S. Mountain Road, Dillsburg,
Pennsylvania, hereinafter "Contractor"
AND
Visaggio's, Inc., a Pennsylvania business corporation
with a principal address and place of business at 6990
Wertzville Road, Enola, Pennsylvania, hereinafter
"Owner".
WHEREAS, Owner and Contractor have entered into a construction agreement
("agreement") whereby Contractor has agreed to erect and construct a certain c%mmercial
addition and other improvements (referred to herein as "buildings or other improvements") upon
the following described real estate, as part of the consideration for which agreement this
Stipulation Against Liens is given:
ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring,
County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a nail at the intersection of the center line of Route 944, known as the
Wertzville Road, with the center line of Township Road T-594, known as the Miller's Gap Road;
thence by the center line of the Miller's Gap Road, North 2 degrees 44 minutes West, a distance
of four hundred fifty-six and forty-nine one-hundredths (456.49) feet to a spike; thence by lands
now or formerly of Joseph Cekovich et ux, North 82 degrees 53 minutes East, a distance of four
hundred sixty and ninety-four one-hundredths (460.94) feet to a point; thence by lands now or
formerly of Vogelsong, South 7 degrees 24 minutes 30 seconds East, a distance of four hundred
fifty-five and eighteen one-hundredths (455.18) feet to a point in the center line of the Wertzville
Road; thence by the center line of the Wertzville Road, South 82 degrees 53 minutes West, a
distance of four hundred ninety-eight and fourteen one-hundredths (498.14) feet to a nail, the
place of BEGiNNiNG.
CONTAiNING five (5) acres as shown on the Plan dated February 19, 1970, and
recorded in the Cumberland County Recorder's Office in Plan Book 22, at Page 4.
HAVING erected thereon a restaurant building, motel and other improvements.
BEING the same premises which Wonder Why, Inc., a Pennsylvania business
corporation, by its deed dated February 8, 1982 and recorded February 9, 1982 in the Office of
the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book "R", Volume 29,
Page 644, granted and conveyed unto Visaggio, Inc.
NOW THEREFORE, Contractor, intending to be legally bound hereby, in consideration
of the sum of One Dollar ($1.00) in hand paid by Owner, the receipt and sufficiency of which are
hereby acknowledged, as well as for and in consideration of the agreement aforementioned,
Contractor does hereby, for Contractor and any and ail subcontractors, materiaimen and parties
acting for, through and under Contractor, them or any of them, or anyone, covenant and agree
with Owner that no mechanic' liens or claims shall be filed or maintained by Contractor, them or
any of them or any one, against the above described reai estate or the buildings or other
improvements erected or to be erected thereon, any of them, or the estate (including a leasehold
estate), interest or title thereto of Owner, for or on account of any work done or materials
furnished under the agreement or under any supplemental contract, verbal or written, or contract
for extra work relating to the erection, construction and completion of said buildings or other
improvements, or any of them, or otherwise; and Contractor for Contractor and any and all
subcontractors, materiaimen and parties acting through or under Contractor, them or any of them,
hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens
or claims against said real estate or buildings or other improvements or any of them.
Contractor hereby covenants, promises and agrees that all subcontractors, material
suppliers and laborers shall not look to and hold Owner liable for ail subcontracts, materials
furnished and work and labor done so that there shall not be any legai or lawful claim of any
kind whatever against Owner, or any other person with an estate (including a leasehold estate) in
the above-described property, for any work done or labor or materials furnished under the
agreement or otherwise.
This Stipulation waiving the right of lien shall be an independent covenant and shail
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 said
buildings or other improvements as to any work and labor done and materials furnished under
the agreement aforesaid.
Contractor hereby represents and warrants that prior to the date hereof no work has been
done and no materials have been furnished with regard to the construction which is the subject of
the agreement or with regard to any supplemental contract, verbai or written, or contract for extra
work in or about the erection, construction and completion of any buildings or other
improvements on the above-described property.
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This Stipulation Against Liens is made and intended to be filed with the Prothonotary of
Cumberland County, Pennsylvania within 10 days of the date hereof in accordance with the
requirements of law in such case provided.
1N WITNESS WHEREOF, Contractor has signed and sealed this Stipulation, binding
itself, its successors and/or assigns the day and year first above written.
ATTEST:
H & M ENTERPRISES, INC.
(Corporate Seal)
Ja~t E. Anderson, President
(SEAL)
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND )
ON THIS, the c~q~ day of October, 2001 before me, the undersigned officer,
personally appeared JANET E. ANDERSON, who acknowledges herself to be the President of
H & M Enterprises, Inc., a Pennsylvania business corporation and that she, as such President,
being authorized to do so, executed the foregoing Stipulation Against Liens for the purpose
therein contained by signing the name of such corporation by herself as such President.
1N WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
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