HomeMy WebLinkAbout01-1919rqA~-lS-2~- ~'.35 SpPIHGW00D PEAL ESTATE
STIPULATION AGAINST UEN$ ~ O/-/~)/'~ ~10
THIS AGREEMENT made and concluded this 14~ day of March, 2001 between
The Villaqe at Hi.qhland Park of West Gate Garden Associates., Pa~ty of the first part
(hereinafter called Owner ~P-n!e-hv Window Systems party of the second part (hereinafter
called Contractor).
WHEREAS, the Owner and Contractor have by a duly executed Agreement
under seal, bearing even date herewith, entered into a written contract for the erection
and completion of installation of windows and sidin¢l under windowS, to be erected at The.
~4 olumbusAvenue A t.#3
Lemoyne, Pennsylvania, 17043.
Which Property is owned by the Owner, in which Agreement the Contractor
covenanted, promised and agreed that no mechanics' claims or liens should be entered
and filed against the said Property or any part thereof, or the curtilage or curtilages
appurtenant thereto.
NOW THiS AGREEMENT WITNESSETH: That Contractor for and in
consideration of the awarding to him by Owner of said contract as aforesaid, as well as
the further consideration of One ($1.00) Dollar to him paid at or before the ensealing and
delivery of these presents, the receipt whereOf is hereby acl(nowledged, does hereby
covenant, promise and agree that no mechanics' lien or claim or other lien or claim of
any kind whatsoever shall be filed against the Property or the curtilage or curtilages
appurtenant thereto, by Contractor or by any subcontractor, materialman or laborers for
work done or materials furnished under said contract for and about the Property or any
part thereof, or on credit thereof, and that ell subcontractors, materialman, and laborers
on said 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 whatsoever against Owner for any work done or labor, or
materials furnished under said contract or under any contracts for extra work, or for work
supplemental thereto, or otherwise.
AND, in order to give the Owner full power and authority to protect themselves
and the Property against any and all claims filed by the Contractor or anyone acting
under or through him or it in violation of the foregoing covenant, the said Contractor for
himself, themselves, itself, hereby irrevocably authorized and empowers any Attorney of
any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him,
them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him,
them or it and in his, their, its, name, mark satisfied of record at the cost and expense of
the Contractor or of any subcontractor, or materialman or materialman, any and all claim
or claims, lien or liens, filed by or for the contractor, or any subcontractor or materialmen,
or in his or their name against said Property, or any part thereof and for such act or acts
this shall be good and sufficient warrant and authority, and a reference to the Court,
Term and Number in which and where this Agreement shall have been filed shall be a
sufficient exhibit of the authority herein contained to warrant such action, and the
Contractor for h mself, themselves, itself, de hereby remise, release and quit-claim all
rights and all manner of errors, defects and imperfections whatsoever in entering such
satisfaction or in anywise touching or concerning the same.
rd~R-1S-2enl e~:36 SPI~INGkIOOD ~E~L ESTATE
P. 0S/05
IN WITNESS WHEREOF, the perties hereto have set their hands and seals the
de¥ and year first above written.
Signed, Seeled and Delivered in the presence of:
AS TO. OWNER: A ;
WRness -
Agent for West ciates
t/d/b/a The Village at Highland Perk
Print Name: ;~-~u~.L /~lob ~c.~,~- Print Name:
Print Title: '~u.~.~,,~.~$ Print Title:/
~. -
RUSSELL MODICA Corpora~ Seal
NOTARY PUBLIC 0F N[~'I
Comm~c.:ioa F~p, F:.'.
FOR OWNER
STATE OF: PENNSYLVANIA)
SS:
COUNTY OF: YORK)
Personally appeared before me David H. Hogg, signer and sealer of this Agreement,
known to me to be President of Spdngwood Real Estate Services, authorized agent for
West Gate Garden Associates, Owner, and acknowledged the same to be his free act
and deed.
[ :, Yo Coumy
Notary Public
~ My Commission Expires Mai'. 31, 2003
~'~T~'ur. Pennsytv'ani'a .M~gx:ia'dtm OINI~IIt~
FOR CONTRACTOR
STATE OF: PENNSYLVANIA)
SS:
COUNTY OF: YORK)
Personally appeared before me~L~an(I ..
signers and sealers of this Agreement. having shown evidence to me to be ~e,~
and ~ , Contractor, and acknowledged the same to be their free act and
deed, duly authorized by the Contractor.
Not~,ry Public
RUSSELL MOD/CA
;40T~',Ry PUBlIC OF IdEW JERSEy
TOTAL P. R~
SPRINGWOOD
REAL ESTATE SERVICES_
HOLD HARMLESS AGREEMENT
In consideration of the agreement by Springwood Real Estate Services
('Agent"), as agent for W=$t Gate Gar~,~,o~ates. (The Villacle at
~ Park, ("Owner") owner of the property located at ~
Avenue. ADa,;~ent # $1 Lemovne, PA, 17043, ("Prope;ty") to utilize the
-- (Property Addre~)
services of A~;leby Window Systems ("Contractor") to perform the installation
(Name of Vendor~
of windows and siding under the window services at the property, Contractor
agrees to indemnifY and hold Owner and Agent harmless from and against any
and all liability for injury or damage to persons or property from any cause
whatsoever arising out of the performance by Contractor, its employees and
subcontractors of the above-mentioned services. Contractor hereby certifies that
it has and wilt maintain public liability and workman's co _m_pensation insurance.
Title
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