HomeMy WebLinkAbout05-3697
oS' - 31...97 iYJJ.]) '-r~
STIPULATION AGAINST LIENS
THIS AGREEMENT made and concluded this 12th day of July, 2005, between
Westgate Garden Associates, Party of the first part (hereinafter called Owner), and
Mellon Certified Restoration Party of the second part (hereinafter called Contractor).
WHEREAS, the Owner and Contractor have by a duly executed Agreement
under seal, bearing even date herewith, entered into a written contract for the erection
and completion of repairs as needed to restore exterior and interior of building damaged
to be completed on 1100 Columbus Avenue ("the Propertv"). located at Villaqe of
Hiqhland Park. Lemovne. Pennsvlvania. 17043.
Which Property is owned by the Owner, in which Agreement the Contractor
covenanted, promised and agreed that no mechanics' claims or liens should be entered
and filed against the said Property 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 said 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 Property or the curtilage or curtilages
appurtenant thereto, by Contractor or by any subcontractor, materialmen or laborers for
work done or materials furnished under said contract for and about the Property or any
part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers
on said work shall look to and hold 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 whatsoever against Owner for any work done or labor, or
materials furnished under said contract 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 themselves
and the Property 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 authorized 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 subcontractor, or materialman or materialmen, any and all claim
or claims, lien or liens, filed by or for the contractor, or any subcontractor or materialmen,
or in his or their name against said Property, 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
rinhtc:: :::Inri ::.11 m:::lnnlOl" nf Arrnrc::;. rlAfArtc:: :::Inri imnj:l.rfA.-.tinnc:. \Alh:::ltc:.n,::t.\II:lor in ,:).ntcl"inn c:.11,...h
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
Signed, Sealed and Delivered in the presence of:
AS TO OWNER:
Y;J,ll!.-!lj~ () Ur' 'frr
Itness
David H. gg, r ident
Springwo al ices
Agent for Westgate Garden Associates
t/d/b/a Village at Highland Park
i;'Qfil.L.i
Print Name:
Print Title:
BY: Mellon Certified Restoration
(Contractor Name)
Print Name: Fred Shankweiler
Print Title: Branch Manager
Corporate Seal
FOR OWNER
STATE OF: PENNSYLVANIA)
ss:
COUNTY OF: YORK)
COMMONWEALTH OF PENNS' l VANIA
Notanal Seal
Judith A. Bunnell. Notary Public
City Of York, York County
My Commissioo Expires Feb. 5. 2008
Member. Pennsylvania Association Of Notaries
Personally appeared before me David H. Hogg, signer and sealer of this Agreement,
known to me to be President of Springwood Real Estate Services, authorized agent for
Westoate Garden Associates, Owner, and acknowledged the same to be his free act
and deed.
~'-A. CJ. ;?WM".e~ 7113/0 c;-
tary Public ! (
FOR CONTRACTOR
STATE OF: PENNSYLVANIA)
ss:
COUNTY OF: YORK)
-(.;.
-
<!1
\)
C>-
~ -cJ
~ r
~~
f
~
t
c-
L
7:.J
~
<' ~ 0
c<; c:.::? --n
oJ'
r.. .--\
-:'c:
c.:.: ,---
\^~,. "
r-"
-
..,-,
-.."
f".-y
c...:>
.-