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Home My WebLink About05-0546 CORNERSTONE AT COPPER RIDGE, LIMITED PARTNERSHIP Owner No. 05 - ~4L fYLL}j l8L..",\ vs. KINSLEY CONSTRUCTION, INC. Contractor STIPULATION AGAINST LIENS THIS AGREEMENT dated this 11th day of January, 2005, by and between KINSLEY CONSTRUCTION, INe. (hereinafter called "Contractor") and CORNERSTONE AT COPPER RIDGE, LIMITED PARTNERSHIP, a Pennsylvania Limited Partnership (hereinafter called "Owner"). WHEREAS, Owner holds the fee simple title to Property located in Lemoyne Borough, Cumberland County, Pennsylvania, more fully described in Exhibit" A" attached to this Agreement (hereinafter, "the Property"). WHEREAS, Owner has this date entered into a construction contract with Contractor providing for the construction of certain site improvements. WHEREAS, the parties have agreed that a Non-Lien Agreement shall be executed and recorded between the Contractor and Owner. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties as aforesaid. I. The Contractor, for itself and anyone else acting or claiming through or under it, for and in consideration of the contract and the considerations mentioned therein and intending to be legally bound hereby, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and 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 improvements or the estate or title of the Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of the Contractor or any subcontractor, materialmen, or laborers for work done or materials furnished under the contract or by any other party acting through or under it or any of them for and about the improvements or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold the 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 whatever against the Owner for any work done or labor or materials furnished under the contract for and about the erection, construction, and completion of the improvements or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. 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 improvements as well as to any work and labor done and materials furnished under the contract. 3. In order to give the Owner full power and authority to protect themselves, the improvements, the Property, the estate or title of the Owner therein, and the curtilage or curtilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant, the Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attorney for it, them, or any of them, in any such Court, and in it's or their names or names (a) to the extent permitted by law, mark satisfied or record at the cost and expense of the Contractor or of any subcontractors or materialman, any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, or (b) cause to be filed and served in the name of the Contractor or subcontractor or anyone else acting under or through it, and pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein, as part of the record, the waiver contained in this instrument, and for such act or acts this instrument 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 itself and for them does hereby remise, release and quitclaim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment or in any way concerning them. 4. In the event the Contractor consists of more than one person, firm, or corporation, the undertakings hereunder of each of such persons, firms, or corporations shall be joint and several and the word "Contractor" shall mean all or some ofany of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date first above written. ATTEST: CONTRACTOR: ~) /c..I./ i , L By: WITNESS: OWNER: IJruff~~ CORNERSTONE AT COPPER RIDGE, LIMITED PARTNE HIP, by its General Partner, Cornerstone I :,,'~ CJ Samuel Juffe, Pres' n 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK On thl~day of ~u,ary, 2005, before me, a Notary Public, the undersigned officer, personally appeared C 'L t;2.. A..f;''r' , who acknowledged himse1fto be the 7J.f.4~'A.1U>Dof Kinsley Construction, Inc., a Pennsylvania corporation, and that he, as such , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NoCarial Seal Sharon L. Gilliland, Notary Public City of York, York County My Commisaioo Expires Apr. 21. 2008 Member. Pennsylvania _ of Notaries xikM-n.~/)iij, iaJ Notary Public My Commission expires: .1//,;2-/ /ot' STATE OF NE W JERSEY COUNTY OF MIDDLESEX On this, the ~ day of ~i't...,,:e~ ' 2005, before me, a Notary Public, personally appeared Samuel Juffe who acknowledges himself to be t e PreSident of Cornerstone Development Group, Inc., the General Partner of Cornerstone at Copper Ridge, Limited Partnership, a Pennsylvania limited partnership, and that he as such President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of said corporation by himself as President N'WyP'~ e.~ My Commission expires: DAYLE E.'PILlANE Notar', Public ,!;ltate of New Jersey My (:;QIl'Imi~ion Explrel1Oft712OO7 3 EXHIBIT A All that certain tract of land situate in Lemoyne Borough, Cumberland County, Pennsylvania, located on the west side of 12th Street and the north side of Walnut Street (unopened), said tract being Lot 3 as shown on the "Preliminary/Final Subdivision Plan for Gary Wesner" as prepared by Herbert, Rowland and Grubic, Inc. dated 03-01-04 last revised 04-06-04, more fully bounded and described as follows: BEGINNING at a rebar (found) at the intersection of the western legal right-of-way line of 12th Street and the northern right-of-way line of Walnut Street (unopened) as shown on the aforementioned plan, thence along said northern right-of-way line of Walnut Street (unopened) South 61 degrees 33 minutes 36 seconds West 491.00 feet to lands N/F of Pennsylvania American Water, thence along said lands North 42 degrees 16 minutes 37 seconds West 697.05 feet to the centerline of Indiana Avenue (vacated), thence continuing along lands N/F of Pennsylvania American Water and the centerline of vacated Indiana Avenue South 64 degrees 37 minutes 22 seconds West 86.45 feet to the centerline of High Street (50'R/W) at it's eastern terminus, thence along the eastern terminus of High Street and the eastern side of a 15 foot alley (unopened) North 41 degrees 07 minutes 39 seconds West 346.68 feet to Lot 2 of the previous mentioned plan, thence along Lot 2 North 48 degrees 52 minutes 21 seconds East 485.80 feet the western legal right-of-way line of 12th Street, thence along the legal right-of-way line of 12th Street the following six (6) courses and distances, (1) South 40 degrees 35 minutes 3] seconds East 169.71 feet to a rebar (found), (2) by a curve to the right said curve having a radius of 525.00 feet an arc length of ]09.96 feet and a chord of South 34 degrees 35 minutes 3] seconds East 109.75 feet to a rebar (found), (3) South 28 degrees 35 minutes 31 seconds East 145.07 feet (4) by a curve to the left said curve having a radius of 300.00 feet an arc length of 128.28 feet and a chord of South 40 degrees 50 minutes 31 seconds East 127.3] feet to a rebar (found), (5) South 53 degrees 05 minutes 3] seconds East 633.39 feet, (6) by a curve to the right said curve having a radius of 325.00 feet an arc length of 34.0 I feet and a chord of South 50 degrees 05 minutes 40 seconds East 33.99 feet to a rebar (found) at the northern right-of-way line of Walnut Street; being the place of BEGINNING. 4 1::) n ~ ~ -- 6: Vr -.,) ...... if' o -- o \J' ~ U) D (> ~ ~ 7-- '--< ~ G:J V h ~ Q c" ,...., t-::;? <::".':".1 <JO c..... i'l r, o -n ---1 -C:o :";:lIO' fJ1f-; -'",... n1 -- :'30 (.,:) (:I.It? 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