Loading...
HomeMy WebLinkAbout04-0608STIPULATION AGAINST, AND WAIVER OF RIGHT TO FILE, MECHANICS' LIENS E.G. STOLTZFUS CONSTRUCTION LLC Contractor And DF & MS, INC. and L.H. BRUBAKER APPLIANCES, INC. Owner and Tenant Cumberland County Common Pleas Court Prothonotary's Office Mechanics' Lien Docket No, Oq' Page Background: An agreement is being entered into between E.G. STOLTZFUS CONSTRUCTION LLC (Contractor) mad L.H, BRUBAKER APPLIANCES, INC. (Tenant) in which the Con.actor has agreed to complete the construction of leasehold improvements, providing all the labor and materials, for the Tenant, upon the following tract of land owned by DF & MS, INC. (Owner) and leased to Tenant: 5301-5303 East Trindle Road, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "A" attached to and made a part of this Stipulation, NOW, INTENDING TO BE LEGALLY BOUND, Contractor, for itself and any subcontractor and anyone else acting through or under Contractor, and before construction . begins, hereby stipulates and agrees that no lien or claim for a hen against the said tract of land or the improvements erected or to be erected thereon, commonly called a mechanics' lien, shall be filed by anyone, including without limitation the Contractor, any subcontractor, materialman, or any person furnishing labor or materials in connect/on with any construction thereon, This is a separato and independent covenant and shall bc operative and effective with respect to labor done and materials furnished under any supplemental contract or contracts for extra or different work, as well as labor done and materials furnished under such agreement between the Contractor and the Tenant. To give Owner, Tenant and Contractor full power and authority to protect the real estate alld buildings against any and all mechanics' liens or claims filed by Contractor or anyone acting or claiming for, through or against Contractor in violation of this Stipulation and Waiver, Contractor, for itself and all subcontractors, material suppliers and other parties acting or claiming for, through or under Contractor, hereby irrevocably authorizes and empowers any · attorney of any Court of Common Pleas of the Commonwealth of Permsylvania or any attorney of any court or jurisdietiun there or elsewhere, to appear in any court or jurisdiction for Contractor or any such subcontractor, and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, material suppliem or party, any and all claim or claims, lien or liens filed by or for Contractor, or in its or their name aga;n~t the real estate, buildings, or any part thereof, and, for such act or acts this shall be a good and suffident warrant and authority, and a reference to the Court, term and number or place ha which this Stipulation and Waiver shall have been filed shall be sufficient exhibit oftbe authority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release 02/02/2094 14:59 7i729~164G BLUNENSTOCKLAWFIRM PAGE 04 and quit-claim unto Owner and Tenant and their attorneys ally and all manner of errot~ defects and hnperfecfions whatsoc~vcr/n entering such satisfact/on or anywise touch/rig or conca'n/ng IN WITNESS WHEREOF, th~sc presents have been executed under seal the. day of February, 200~. Signed, sealed and clelivored in the pl'esence off E.G. STOLTZFUS CONSTRUCTION LLC (SEAL) Contractor Name (p~): d~'f~, ..~z~-/~ Title ~): ~/Z~ ~/i~~ Att~: ~~ M2/~f/2~B4 14:E~ 7172901G4G ~LOHEHSTOCKLAWFtRM PAGE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF LANCASTER : On this, the ]?/~ day o~fFcbmary 2004,.be, fore me, a Notary Public, the undersigned offie4~r, personally appeared ~tt~tj- t'), ~ [~-s{,c , who acknowledged himsclf/h~clf to be the ]/t~--9~,,.~ of E.G. STOLTZFUS CONSTRUCTION LLC, a Limited Liability Company and in that capacity, being authorized to do so, cx~uted the foregoing instrument for the purposes therein cont_ain~l, by signing thc name of the Limited Liability Company by himself/hersclf as such ]~/~._,~ IN WITNBSS WHBRBOF, I hereunto set my hand and official seal. 3 02/~2/2004 14:58 ?172981545 BLUHENSTDCKLAWFZRH PAGE EXI~BIT A ALL TIIAT CERTAIN piece or parcel of land situated in the Township of Harapden, County of Cumberland and Commonwealth of Pennsylvania, more particularly boun&xl and d~scribed a~ follov~, to wit: BEGINNING at a point on the northern side of Trindle Road, Pennsylvania Route No. 641, at the dividing line between Lots Nos. 7 and 6 as shown on the heleinaffer mentinned Plan of Lots; thence along said dividing line between Lots Nos. 7 and 6, North 30 (thirty) degrees 50 (fifty) minutes 50 (fifty) ~cconds West, a distance of 274.68 fca to a point at line of lands of the United States of America (M~chanicsburg Naval Supply Depot); thence along the line of lands of said United States of America, North 62 (sixty- two) degrees East, a distance of 200 feet to a point on the same; thence continuing along the l/ne of said lands of the United States of Amcr/ca, South 29 (twenty-nine) del~'ees 20 (twenty) m/nutes 20 (twenty) seconds East, a distance of 323,50 feet to a stake on the northern side of Tr/ndle Road aforesa/d; thence along the northern side of sa/d Tfindle Road, South 76 (severity-s/x) degrees 10 (ten) minutes 40 (forty) seconds West, a distance of 200 feet to a point on the same at the dividing line between Lots Nos. 7 and 6 on the herekiaftcr mentioned Plan of Lots, the point and place of BEGINNING. BEING Lot No. 7 on a certain Plan of Lots made for William H. Hooke, Jr., et al. by D.P. Raffenspergcr, Registered Surveyor, on May 22, 1967 and recorded in thc Officc of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 19, Page 21. HAVING ERECTED thereon a commercial building known and numbered as 53015303 East Trindle Road. BEING THE SAME PREMISES which SECHRIST DEVELOPMENT CORP., a Pennsylvania corporation, by Deed dated January 16, 2004 and intended to be recorded in the Recorder's Office in and for Cumb~land County, PA, granted and conveyed unto DF & MS, INC., a Pennsylvania corporation, its successors and assigns.