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HomeMy WebLinkAbout04-4453WAIVER OF LIENS THIS AGREEMENT, Made and concluded this 31't day of August, 2004, and between MARTIN F. JACKSON and MARIANNE J. JACKSON hereinafter called ("Owner"), and HERITAGE BUILDERS hereinafter called ("Contractor"). WHEREAS, the said parties have by a duly executed Agreement under seal, entered into a written contract for the erection, construction and completion of a single family residence, together with appurtenant facilities, situate at Lot #7 Ellesmere Lane, Mechanicsburg, identified as Cumberland County Tax Parcel Number 42-11-0274-044 located in Upper Alien Township, Cumberland County, Pennsylvania, being more particularly bounded and described in Exhibit "A" is attached hereto and made a part hereof AND the said Contractor hereby declares and warrants that no work of whatsoever kind or nature has yet been done and that no materials whatsoever have as yet been furnished by anyone under, toward or in connection with the execution performance of the aforesaid building agreement. WHEREAS, by the terms of the contract aforesaid the Contractor covenanted, promised and agreed that no mechanics' liens or claims would be entered and files against the said building or buildings or any part thereof, or the curtilage or curtligages appurtenant thereto, either by itself or anyone else for any work labor and materials supplied in the performance of the said contract, or under any supplemental contract for extra work, in the erection, construction or completion of the said single family residence and other companion improvements or any of the curtilages appurenant thereto. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of one dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' liens or claims or other liens or claims of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilages appurtenant thereto, by Contractor or by any subcontractors, material men or laborers for work done or materials furnished under said contract or by any other party acting through or under it, them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub- contractors material men, and laborers on said work shall look to and hold Contractor personally liable for all sub-contractors, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owners for any work done or labor or materials furnished under said Contract for and about the erection, construction and completion of said building and improvements as aforesaid, or under any contract for extra work, or for work supplemental thereto, or otherwise. AND this Agreement waiving the right of liens shall be an independent covenant and shall operate and be effective as well with respect to the work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the said building or buildings as to any work and labor done and material furnished under the contract aforesaid. AND in order to give the Owner full power and authority to protect itself and the lot or lots of ground against any and all claims files by the contractor or anyone acting under or through it or in violation of the foregoing covenant, the said contractor, for themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for them, in any of the said Courts of Common Pleas as Attorney for them, or it and in their or it's name, to mark satisfied of record any and all claims or claim, lien or liens, filed by or for the Contractor, or any sub-contractor or material man, or in their or its name against said building or buildings, lot or lots or ground or any part thereof. For such act or acts, this waiver shall be good and sufficient exhibit of the authority herein contained to warrant such action, and the Contractor, for themselves or itself, does 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. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals, dated the day and year first above written. ~ M~I~SO N (Owner) E J. JACK~N (Owner) Attest: EXHIBIT "A" ALL THAT CERTAIN lot in the property known, named and identified in the Declaration, referred to below, as "Witney Ridge P.R.D., A Planned Community", located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. Section 5101 et seq., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, the Declaration for Witney Ridge P.R.D., a Planned Community ("Declaration") dated June 16, 2000, recorded June 21, 2000, in Misc. Book 647, Page 1, and as amended by First Addendum to Declaration for Witney Ridge P.R.D., a Planned Community ("First Amendment"), dated June 28, 2000 and recorded June 29, 2000 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, i n Misc. Book 6 47, P age 9 91, a nd Second Addendum to Declaration for Witney Ridge P.R.D., a Planned Community ("Second Amendment"), dated May 10, 2001 and recorded May 16, 2001 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Misc. Book 674, Page 1094, designated in such Declaration (as amended by the Second Amendment) as Lot No. 7, (identifying Number) as described in Section 2.2 of the Declaration (as amended by the Second Amendment) and shown (and described) in Exhibit D-2 Second Addendum. CONTAINING 154,186 square feet. BEING Lot No. 7 Final Development Plan for Witney Ridge Phase II Planned Residential Development Phase I, dated February 28, 2000, last revised June 1 2, 2 000, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 82, Page 60. BEING THE SAME PREMISES which Witney Ridge Investors, LP, a Pennsylvania limited partnership, by Deed dated May 16, 2003 and recorded May 21, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 257, Page 828, granted and conveyed unto Martin Jackson and Marianne Jackson. UNDER AND SUBJECT to any and all restrictive covenants, conditions, restrictions, rights of way, easements and agreements of record, including, but not limited to, Final Subdivision Plan for Witney Ridge Planned Residential Development Phase I, dated September 17, 1999, last revised October 13, 1999, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 80, Page 64 and final Development Plan for Wimey Ridge Phase I I Planned Residential Development, dated F ebma~y 28, 2000, last revised June 12, 2000, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 82, Page 60.