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HomeMy WebLinkAbout04-4285STIPULATION AGAINST LIENS RHODES DEVELOPMENT GROUP, INC. : IN THE COURT OF COMMON PLEAS OF tJd/b/a LONG MEADOWS ASSOCIATES, : CUMBERLAND COUNTY, PENNSYLVANIA Owner : NO. MLD 2004 v. : CENTURY SPOUTING CO., INC., : Contractor WHEREAS, on July 27 2004, Owner and Contractor entered into an agreement for roofing, gutter installation and exterior work, including general contract work, ("the Project") on existing improvements to apartment buildings situate at Richland Lane, Wormleysburg Borough and East Pennsboro Township; PA, more fully described on the attached Exhibit "A" (the "Premises"); and WHEREAS, in consideration for the contract, 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, Contractor agrees as follows: 1. Neither Contractor nor any of its subcontractors or suppliers shall file any Mechanic's Lien against the Project or 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 performance under the contract. Furthermore, this Agreement shall extend to and be effective with regard to any supplemental contract for extra 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 by Contractor or its subcontractors or suppliers in violation of the covenants contained herein, Contractor, for itself, its subcontractor, and suppliers, hereby irrevocably authorize and empowers any attorney of any court of record in and for the Commonwealth of Pennsylvania to appear for it, them, and any of them in any of the Courts of Common Pleas of the Commonwealth of Pennsylvania 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, mark "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 instrurfient and authorizing the exercise of this warrant of attorney against it. 5. Any legal fees, court costs, or other expenses incurred by Owner with regard to a Mechanic's Lien filed by Contractor or any of its subcontractors or suppliers, shall be payable by Contractor to Owner upon demand. IN WITNESS WHEFIEOF, CorAractor, intendin~l to be legally bound hereby, has caused this instrument to be duly signed this ~ day of . ,2004. OWNER: Rhodes Development Group, Inc. T/D/B/A Long Meadows Associates By: :13216-62 Exhibit All improvements situate at ~ Richland ~e; ~p Hi!l (East Pennsboro Township) which constitutes a portion of the following described premises: ALL THAT CERTAIN tract or parcel of land situate partly in East Pennsboro Township and partly in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described in accordance with an As-Built Survey for Long Meadows Apartments prepared by Hartman & Assoc. Inc., dated June 9, 1992, as follows, to wit: BEGINNING at an iron pipe on the north line of Pennsylvania State Route No. 770 at the southwest corner of lands now or formerly of Harsco Corporation; thence along the north line of said State Highway by a curve to the left having a radius of 3,879.83 feet an arc distance of 398.30 feet to a point; thence continuing along same South 52 degrees 38 minutes West a distance of 446.48 feet to a point; thence along said lands now or formerly of Rite Aid Realty Corp. North 44 degrees 52 minutes West a distance of 195.84 feet to a point; thence along same North 40 degrees 09 minutes West a distance of 49.11 feet to a point; thence along same North 35 degrees 24 minutes West a distance of 63.29 feet to a point; thence along same North 32 degrees 30 minutes West a distance of 221.0 feet to a point on the south line of Richland Lane; thence along the south line of Richland Lane North 61 degrees 15 minutes East a distance of 37.12 feet to a point; thence continuing along same North 53 degrees 09 minutes East a distance of 635.94 feet to a point at the east line of Burd Drive; thence along the east line of Burd Drive North 05 degrees 22 minutes West a distance of 58.63 feet to a point; thence along the south line of lots of "Northwood Hills" development North 53 degrees 09 minutes East a distance of 152.00 feet to a point; thence along the west line of lands now or formerly of aforesaid Harsco Corporation South 47 degrees 29 minutes East a distance of 269.22 feet to an iron pipe; thence continuing along same South 29 degrees 26 minutes 04 seconds East a distance of 432.22 feet to an iron pipe, being the point and place of BEGINNING. Containing 13.061 acres, more or less.