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HomeMy WebLinkAbout04-6260 WAIVER OF LIENS THIS AGREEMENT Made and concluded this ~/SAZ~ day of. Dec. A.D. l¢~X. 2004 between ..... 4 .AS..QN..%,..ao.d.. C..HR. I..ST..I.E..L,. ! .t~..T.I.N.A~..Z.I 0..29..K.e.e.f.e.r..W.ay,. ~J.e.ch..ap'.:kc.s.b.m:.g.,..P.A of. Cumberlor~d. ~01~1;¥,. PA ..................... party of the first part (hereinafter called Owner), Id. LEE ROLAND, 123 Id±ndrush Lane, Mechari/esburg, PA 17055 party of the second part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the erection and completion of ................................ a dwelling house to be erected on SEE DESCRIPTION ATTACHED in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said building or buildings 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 s aid 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 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 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 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 contracts for extra work, or for work supplemental thereto, or otherwise. 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 irrevocable 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 his, 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 liens, 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 WlTNE SS WHEREOF the said parties have hereunto set their hands and seals dated the day and year first above written. Witness Present: Chrjsti~ L. Ma~ ' Id. Lee Roland ~ TEkT CERTAIN Lot in the property known, named and identified in the Declaration, referred to below, as '~itne¥ Ridge Planned Community," located in Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the ~ennsylvania Uniform Planned Community Act, 68 ~a.C.S.A. § 6101 et seq., by the recording in the Office of the Recorder of Deeds of C~er!and County, Pennsylvania, the Declaration for Witney Ridge P.R.D., a Planned Co~umunity ("Declaration"), dated June 16, 2000, recorded June 21, 2000, in Miscellaneous Book 647, Page 1, and as amended by First Addendum to Declaration for Witney Ridge P.R.D., a Planned Community ("First Ar~endment"), dated June 28, 2000, and recorded June 29, 2000, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Bock 647, Page 991, designated in such Declaration (as amended by the First ~endment) as Lot No. 2~, described in Section 2.2 of the Declaration (as ~ended by the First Amenctm~nt) and shown (and described) in Exhibit F of the Declaration CONTAINING 9,031.26 square feet. BEING LOT NO. 21 Final Development Plan for Witney Ridge Planned Residential Development Pkase I, dazed SepSe~ber 17, 1999, last revised October 13, 1999, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 80, Page 64.