HomeMy WebLinkAbout02-0699STIPULATION AGAINST MECHANICS' LIENS
THIS AGREEMENT made and concluded this day of February, 2002, BETWEEN DGA,
INC., d/b/a INFINITY PRINT GRAPHICS, a Pennsylvania corporation,of 121 North Pitt Street,
Carlisle, Pennsylvania 17013, parties of the first part (hereinafter called Owner),
AND TUCKEY RESTORATION INC., a Pennsylvania corporation of 12 Stover Drive, Carlisle,
Pennsylvania 17013, party of the second part, (hereinafter called Contractor);
WHEREAS the parties have entered into a contract for the interior and exterior and site
improvement repairs and restoration to the commercial property known as 121 North Pitt Street, Carlisle,
Cumberland County, Pennsylvania.
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
($1.00) Dollar to him 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'
lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said
building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-
contractor, materialmen, or laborers for work done, or materials furnished under said contract or by any
other party acting through or under 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, materialmen and laborers on said work shall
look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor
done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any
work done or labor or materials furnished under said contract for and about the erection, construction, and
completion of said buildings as aforesaid, or under any contract for extra work or for work supplemental
thereto or otherwise.
AND this agreement waiving the right of lien shall be an independent covenant and shall operate
and be effective as well with respect to 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
any work and labor done and materials furnished under the contract aforesaid.
AND, in order to give the Owner full power and authority to protect himself and the lot or lots of
ground 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
authorizes 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 him, their, its, name, mark satisfied of record at the cost and expense
of the Contractor or of any Sub-Contractor or Materialman, or Materialmen, any and all claims or claim,
lien or lien, filed by or for the Contractor, or any Sub-Contractor or Materialman, or in his or their name
against said building or buildings, lot or lots of ground 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 himself, themselves, itself, do 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.
ATTEST.
ViCKIE B. GUION, SECRETARY
DGA, INC,, d/b/a INFINITYPRINT GRAPHICS