HomeMy WebLinkAbout04-3745IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- L4 W
LOBAR ASSOCL4 TES, INC. :
Claimant :
BOB EVANS FAR,IS, INC. :
Defendants :
No. Oq- /nC
S TIP ULA TION A GAINS T LIENS
WHEREdS, LOBAR ASSOCL4TES, INC., Of 4 Barlo Circle, P.O. Box 432, Dlllsburg, PA 17019-0432
("General Contractor") Has Entered Into A Contract With BOB EVANS FARMS, INC. ("Owner") And Has
Commenced With The Erection, Construction, Alteration, Or Repair Of Improvements To The Bob Evans
Restaurant, 5302 Carfisle Pike, Cumberland County, Mechaniesburg, Pennsylvania Of Which Bob Evans Farms,
Inc. Is The Title Holder Of Record
WHEREAS, It Is The lntentian Of Owners And General Contractor That Neither Said Lot Of Ground Nor
The Improvements Erected Or To Be Erected Thereon Shall Be Subject To A Lien For Debts Due By Owners To
General Contractor Or By General Contractor To Any Subcontractor Or Supplier For Labor Or Materials Furnished
In The Said Erection Or Construction, And The Right Of Anyone To Claim Any Such Lien Be Waived Hereby.
NOWTHISAGREEMENTWITNESSETH: ThatContractor, ForAndlnConslderationOfTheContract
Aforesaid And The Considerations Mentioned Thereunder, As Well As The Further Consideration Of One And
00/100 ($1.00) Dollar To It In Hand Paid By The Owners At Or Before The Sealing And Dellvery Of These Presents,
The Recent Of Which Is Hereby Acknowledged, And Intending To Be Legally Bound Hereby, Does Hereby
Covenant, Promise, And Agree For Contractor And Any And All Subcontractors, Materialmen, Laborers, And Parties
Acting For, Through Or Under Contractor, That No Mechanic's Lien Or Claim Other Lien Or Claim Of Any Kind
Whatsoever Shall Be Filed Or Maintained Against The Building, Improvements, Lot Of Ground Or Any Part
Thereof, Or The Curtilage Or Curtilages Appurtenant Thereto By Anyone, And That Ail Subcontractors,
Materialmen And Laborers Shall Look To And Hold Contractor Personal~ Liable For AII Subcontracts, Materials
Furnished And Work And Labor Don~
AND THIS AGREEMENT, Waiving The Right Of Lien By Anyone, Shall Be An Independent Covenant And
Shall Operate And Be Effective With Respect To Work Done And Material Furnished Under Any Supplemental
Contract For F2ctra Work In The Erection, Construction And Completion Of The Bullding As Well As To Any Work
And Labor Done And Materials Furnished Under The Contract/lforesaia[
AND, In Order To Give The Owners Full Power And Authoritg To Protect owners And The Building,
Improvements And Lot Of Ground Against Any And Ail Claims Filed By Contractor Or Anyone Acting Under Or
Through Contractor In Viaiation Of The Foregoing Covenant, Contractor Hereby Irrevocably Authorizes And
Empowers Any Attorney Of Any Court Of Common Pleas Of The Commonwealth Of Pennsylvania To Appear For
Contractor In Any Of The Said Courts Of Common Pleas/ts Attorney For Contractor And In The Contractor's
Name, Mark Satisfied Of Record/it The Cost ~4nd Expense Of The Contractor, Or Of Any Subcontractor Or
Materialman, Any And AI! Claim Or Claims, Liens Of Lien, Filed By Or For The Contractor, Or Any Subcontractor
Or Materialmen, Or In The Name Of Any One Or More Of Them Against The Building, Improvements, Lot Of
Ground Or Any Part Thereofi And, For Such Act Or Acts, This Shall Be Good And Sufficient Warrant And
Authority, And/4 Reference To The Court, Term And Number In Which And Where This Instrument Shall Have
Been Filed Shall Be A Sufficient Exhibit Of The Authority Herein Contained To Warrant Such Action, And The
Contractor Does Hereby Remise, Release And Quitclaim All Rights ,4nd A Manner Of Errors, Defects And
Imperfections Whatsoever In Entering Such Satisfaction Or In Any Wise Touching Or Concerning The Same~
IN WITNESS WHEREOF, Contractor Has Executed This Instrument This 29th Day Of July, 2004.
GENERAL CONTRACTOR:
BY:
ATTEST:
LOBAR ASSOCL4 TES, INC.
~, VP Of Administration