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HomeMy WebLinkAbout07-6687.- .. STIPULATION AGAINST LIENS J. MICHAEL BRILL and CHRISTINE BRILL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Owner o~_ GGF7 NO. MLD 2007 V. : WOOD DECOR, INC_, Contractor WHEREAS, on November ~ 2007, Owner and Contractor entered into an agreement for alteration and renovations, including general contract work, floor covering installation, decking installation, room and garage installation and related work ("the Project") on existing improvements to premises situate at 2819 Myrtle drive, Mechanicsburg, PA 17055 (the "Premises"); and WHEREAS, in consideration for the contract, Owner has required Contractor to waive any claim that it has or may acquire, on behalf of itself, its subcontractors, and suppliers, with regard to the Project. NOW THEREFORE, Contractor agrees as follows: 1. Neither Contractor nor any of its subcontractors or suppliers shall file any Mechanic's Lien against the Project or against the Premises on account of the performance of any labor or the famishing of any materials with regard to the Project. 2. Contractor shall inform alt subcontractors and material suppliers with regard to the Project that Contractor has waived any rights that they may have to file a lien against the Project or the Premises. 3. This agreement is an independent covenant, and shall operate and be effective regardless of Owner's performance under the contract. Furthermore, this Agreement shall extend to and be effective with regard to any supplemental contract for extra work to be performed relative to the Project. ~r r 4. In order to fully pro#ect the Owner and the Premises against any Mechanic's Lien claim which may be filed by Contractor or its subcontractors or suppliers in violation of the covenants contained herein, Contractor, for itself, its subcontractor, and suppliers, hereby irrevocably authorize and empowers any attorney of any court of record in and for the Commonwealth of Pennsylvania to appear for it, them, and any of them in any of the Courts of Common Pleas of the Commonwealth of Pennsylvania as Attorney for it, them or any of them and, in the name of any claimant who files a lien against the Project or the Premises, mark "Satisfied" any such lien at the cost and expense of the Contractor and of any such Mechanic's Lien claimant. For such action, this instrument or a true and correct copy hereof shall be sufficient warrant. This warrant of attomey shall not be exhausted by any single exercise, but may be re-exercised from time-to-time at any time that a Mechanic's Lien has been filed against the Project or the Premises. By furnishing labor or materials with respect to the Project, each subcontractor and material suppler of Contractor is expressly agreeing to the terms of this instrument and authorizing the exercise of this wan-ant of attomey against it. 5. Any legal fees, court costs, or other expenses incurred by Owner with regard to a Mechanic's Lien filed by Contractor or any of its subcontractors or suppliers, shall be payable by Contractor to Owner upon demand. IN WITNESS WHEREOF, Contractor, intending to be legally bound hereby, has caused this instrument to be duly signed this Z~~ day of 1~ D'~ '' , 2007. OWNER: ~,.,~ J. Michael Brill Christine Brill CONTRACTOR: WOOD DECOR, INC., ~` A So lu O s~~~ ! ~ .. ~ :2-~ c.~~ P~~.td~'" ~ ~~ ~- ~~ ~ -_.- ~ ~ ci - ,~ r: r ~. ,~ ~ ~.~ t: r ja• -~ j ~J ~~ i l~E C ~ - ~ :~ ~ ~ ,~ "~