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HomeMy WebLinkAbout14-1822 AL z S TIPULA TION A GAINS T LIENS CUMHRLAN CQU iuE 14SYLVAr41A WESLEY DRIVE JOINT VENTURE, t/d /b /a IN THE COURT OF COMMON PLEAS OF WESLEY PARK TOWNHOUSES, CUMBERLAND COUNTY, PENNSYLVANIA Owner NO. MLD 2014 V. q - 1 q;t a Lb LEZZER LUMBER COMPANY, INC., Contractor WHEREAS, on March 25 2014, Owner and Contractor entered into an agreement for roofing, gutter installation, cedar wood siding installation /re- staining, new entry door installation, replacement windows & new patio door installation including general contract work, ( "the Project ") on existing improvements to rental town house buildings situate at 135 Wesley Drive, Lower Allen 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. aC/. Co P d , pnn x Ok it &�, SO 303 S�� 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 instrument 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 WHEREOF, Contractor, intending to be legally bound hereby, has caused this instrument to be duly signed this day of J� .2014. OWNER: Wesley Drive Joint Venture T /D /B /A Wesley Park Townhouses By: CONTRACTOR: Lezzer Lu er Co., In By: ss >oJ :13216.62 Exhibit "A" ALL THAT CETAIN plot or tract of land situated in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described according to a plan survey dated December 30, 1965, made by D.P. Raffensberger, Registered Surveyor, Camp Hill, Pennsylvania, as follows: BEGINNING at a point marked by an Iron Pin on the Northeasterly Legal Right=0f -Way line of Wesley Drive (State Route number 2021) said point being 1,152.24 feet Southeast of the intersection of said line of Wesley Drive and the southern Legal Right -Of -Way line of Simpson Ferry Road (State Route number 2014); thence extending along lands now or formerly of Weis Markets, Inc., North 43 degrees 46 minutes 00 seconds East, a distance of 683.00 feet to a point, said point being on the Southeastern most property line of lands now of formerly of the Methodist Home For Children; thence along said lands South 46 degrees 14 minutes 00seconds East. A distance of 818.03 feet to a point, a corner of lands now or formerly of Lower Allen Township; thence along said lands South 43 degrees 46 minutes 00 seconds West, a distance of 683.00 feet to a point, said point being on the aforementioned Legal Right -Of -Way for Wesley Drive (State Route number 2021); thence along the same North 46 degrees 14 minutes 00 seconds West, a distance of 818.03 feet to an Iron Pin said Iron Pin also being the Point Of Beginning. CONTAINING 12.826 Acres of land, as shown on a Subdivision Plan Entitled "Final Plan of Property for The Methodist Home for Children ", recorded in the Cumberland County Courthouse, Recorder of Deeds, Plan Book 18, Page 25. BEING the same premises which The Methodist Home for Children by Indenture dated July 31, 1967 and recorded at Carlisle in the County of Cumberland on August 7, 1967 in Deed Book L -22, Page 456, granted and conveyed unto Wesley Park Townhouses, Inc., a Pennsylvania Corporation.