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HomeMy WebLinkAbout03-4444 STIPULATION AGAINST MECHANICS' LIENS THIS AGREEMENT made and concluded this /0~ day of September, 2003, BETWEEN WILLIAM J. WIRL, Jr. married man, of 855 York Road, Carlisle, Pennsylvania 17013, party of the first part (hereinafter called Owner), AND WIRL CONSTRUCTION, of 855 York Road, Carlisle, Pennsylvania 17013, party of the second part, (hereinafter called Contractor); WHEREAS the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract (or entered into an oral agreement of even date herewith) for the erection, construction, and completion of self storage rental units on Lot No. 13, Hillmont Phase I, Plan Book 50, Page 135, South Middleton Township, Cumberland County, Pennsylvania; NOW THIS AGREEMENT W1TNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration 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 whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub- contractor, materialmen, 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, materiaimen 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 that 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 as aforesaid, or under any contract for extra work or for work supplemental thereto or otherwise. AND this agreement 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 the said building or buildings as any work and labor done and materials furnished under the contract aforesaid. AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth 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 him, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialman, or Matedalmen, any and all claims or claim, lien or lien, filed by or for the Contractor, 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 reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the said pa~ies and year first above written. have hereunto set their hands and seals dated the day Willigm J. Wirl, Jr. ~7 v / - WIRL CONSTRUCTION BY: ~~ ¢~ William J. Wirl, Jr.&/ (.SEAL)