Loading...
HomeMy WebLinkAbout10-5606d1b 10 -SGo6 MI-D CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT made and concluded this i day of August, 2010, is between Elizabeth S. Beckley ("Owner"), and T.L. Renovations Inc. of 4000 State Rte. 147, Herndon, Pennsylvania, with the parties intending to be legally bound hereby agreeing a follows: A. By written agreement dated August 7, 2010, ("Contract") by and between Owner and Contractor, Contractor agreed to perform renovations ("Improvements") to Owner's real property known and numbered as 2727 Lincoln Street, Camp Hill, Pennsylvania (the "Property"). Specifically the Improvements relate to adding an addition to Owner's Property to include a full bathroom, a kitchen and great room. A true and correct legal description of Property is incorporated herein, made a part hereof and attached as Exhibit A. B. Contractor has covenanted, promised and agreed that no mechanic's lien or materialman's lien or claims would be filed or maintained in the Property or any part thereof, or the curtilages appurtenant thereto, either by himself 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 for extra work, in the erection, construction or completion of the Improvements on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself 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 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 curtilage or curtilages 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 Improvements 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 whatever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. 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 Improvements 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 singular 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 WHEREOF Contractor has hereunto set its hand and seal dated the day and year first above written. Witness: C> F ?.?.-.1 x? ? 9 1z ? 3 cwsl. A-it ? y? y3y EXHIBIT A ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern side of Lincoln Street; thence along lands now or formerly of Paul W. Stephenson, South ten (10) degrees eleven (11) minutes East, a distance of ninety (90) feet to a point, which point is the intersection of the easterly line of property of Martin and the western extension of the rear line of property now or formerly of Stephenson; thence along what was a fifteen (15) feet wide alley, South ten (10) degrees eleven (11) minutes East, a distance of forty-six and fifteen one-hundredths (46.15) feet to the northern line of Lot No. 8 on the hereinafter mentioned Plan of Lots; thence along the northern line of Lot No. 8, South seventy-seven (77) degrees thirty-one (31) minutes West, a distance of eighty-three and sixty-five one-hundredths (83.65) feet to the eastern line of Lot No. 10; thence along the eastern line of Lot No. 10, North nine (09) degrees thirty-one (31) minutes West, a distance of one hundred thirty-nine and sixty-five one-hundredths (139.65) feet to the southern side of Lincoln Street; thence along the southern side of Lincoln Street, North seventy-nine (79) degrees thirty-two (32) minutes East, a distance of eighty-two and thirty one-hundredths (82.30) feet to the Place of BEGINNING. HAVING THEREON ERECTED a brick dwelling house known as and numbered 2727 Lincoln Street, Camp Hill, Pennsylvania. BEING Lot No. 11 on a Plan of Lots of Richard T. Tyner, said Plan being recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book 4, Page 22. The alley which formerly existed between lands of Martin and Stephenson was vacated by the Borough of Camp Hill by Ordinance No. 450 passed by the Borough Council on December 28, 1954 and approved by the Burgess of Camp Hill on January 10, 1955; the said Park H. Martin and Eleanor Eckels Martin, his wife, by quit claim deed dated February 4, 1963 and recorded in the Office of the Recorder of Deeds of Cumberland County at Carlisle, Pennsylvania, in Deed Book "T", Volume 20, Page 548, granted and conveyed to Paul H. Stevenson the westerly one-half of the fifteen (15) foot wide alley for a distance of ninety (90) feet beginning on the southerly side of Lincoln Street and running to the westerly extension of the rear line of the property of Stephenson. UNDER AND SUBJECT, NEVERTHELESS, to all conditions, covenants, restrictions, easements and servitudes of record and/or visible upon the ground. BEING THE SAME PREMISES which Marsha V. Mills, single woman, by Deed dated May 19, 1995 and recorded May 23, 1995, in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 122, Page 479, granted and conveyed unto Elizabeth S. Beckley, Grantor herein.