HomeMy WebLinkAbout05-3329
ALAI No.
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STIPULATION AGAINST LIENS
WHEREAS, Foxcroft Townhouse Associates, a Pennsylvania Limited Partnership, of
Cumberland County, Pennsylvania, Owner, entered into an Agreement of even date with Rodney
B. Smith Plumbing & Heating NC Inc., 940 Hollywell Avenue, Chambersburg Pennsylvania
17201, Contractor, to provide materials and perform labor necessary for completion of
Plumbing, Heating, Ventallation & Air Conditioning Project, situate upon the lot of ground
located at and bounded by:
PA Route 581 and Lenker Street, Hampden Township, Cumberland County, Pennsylvania,
containing 6.81 acres being Lot#2 as shown on a Two Lot Subdivision in Plan Book 90, Page 19
recorded in the Cumberland County Recorder of Deeds Office on December 21,2004, as more
particularly set forth in Deed Book 267 page 2358 recorded in the same place on February 8, 2005.
NOW, THEREFORE, it is hereby stipulated and agreed by and between Owner and Contractor,
as part of the said Agreement and for the consideration therein set forth, that neither the
undersigned Contractor, any sub-contractor or materialman, nor any other person furnishing
labor or materials to the said Contractor under his Agreement with the Owner shall file a lien for
work done or materials furnished to the said lot or any part thereof.
This stipulation is made and intended to be filed with the Cumberland County Prothonotary
within ten (10) days after the date set forth below, in accordance with the requirements of the Act
of Assembly of Pennsylvania, in such case provided.
The Contractor hereby agrees to waive any defects in the filing and indexing of this Lien Waiver
in the Office of the Cumberland County Prothonotary where it is to be filed pursuant to Section
1402 of the Mechanics Lien Law of 1963. Contractor agrees that it will not contest the validity
of this Lien Waiver based upon any such filing and indexing defects and hereby agrees to this
waiver of filing and indexing defects on behalf of any of the subcontractors, materialmen or
suppliers that may provide any labor or materials under the Contractor's Agreement with the
Owner and who, but for this waiver of filing and indexing defects, would be entitled to assert
Mechanics' Liens against the Owner's property under the Mechanics Lien Law of 1963.
The Contractor agrees to provide actual Notice of this Lien Waiver to all subcontractors,
materialmen and suppliers prior to providing any labor or material by them to the Project.
Contractor will provide for a written acknowledgment by each of these persons of this Lien
Waiver prior to their providing any labor or materials to the Project.
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IN WITNESS WHEREOF, the said parties hereto have hereunto set their
~dax of vtJt: 2005.
Fo oft Townhouse Associates,
by Thomas W. Gaughen, General Partner
p~ ~ f, 6/~~ S-
R~Snuth ,res
Plumbing & Heating NC Inc.
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