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HomeMy WebLinkAbout04-3482STIPULATION AGAINST LIENS BRIDGEPORT CONDOMINIUM ASSOCIATION, Owner ALEX SZELES, INC., IN THE COURT OF COMMON PLEAS OF CUMBEP. LASD COUNTY, PENNSYLVAN ^ NO. MLD 2004 - WHEREAS, on 33~, 2004, Owner and Contractor ALEX SXELES, Inc.. ( "Szeles' or "Contractor") entered into an agreement for construction, alteration and renovations, including general contract work and restoration in connection with a water damaged condominium ("the Project") situate at 541 Bridgeview Drive, Lemoyne PA ("the Premises"); and WHEREAS, in consideration for the agreement, Owner has required Contractor to waive any claim which it has or may acquire, on behalf of itself, its subcontractors, and suppliers, with regard to the Project~ NOW THEREFORE, Owner and Contractor agree as follows: 1. Neither Contractor nor any of its subcontractors or suppliers shall file any Mechanic's Lien against the Project o~ against the Premises on account of the performance of any labor or the furnishing of any materials with regard to the Project. 2. Contractor shall inform all 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 performa under the contract. Furthermore, this Agreement shall extend to and be effective with regard to any supplemental contract for el work to be performed relative to the Project. 4. In order to protect fully the Owner and the Premises against any Mechanic's Lien claim which may be filed Contractor or its subcontractors or suppliers in violation of the covenants contained herein, Contractor. for itself, its subcontrac and suppliers, hereby irrevocably authorize and empowers any attorney of any court of record in and for the Commonwealth o Pennsylvania to appear for it, them, and any of them in any of the Courts of Common Pleas of the Commonwealth of Pennsyl' 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, rt "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 attorney 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 warrant of attorney against it. IN WITNESS WHEREOF, Contractor and Subcontractor, intending to be legally bound hereby, has caused this instrument to be duly signed this ! ~ _ day of ~/o ~-l 2(104. OWNER: BRIDGEPORT CONDOMINIUM ASSOCIATION CONTRACTOR: ALEX SZELES, INC.,