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HomeMy WebLinkAbout06-2475 ALAI No. O'i 1 'i29R 11.".0 t,-.2'f7S /11).. LJ STIPULATION AGAINST LIENS WHEREAS, Foxcroft Townhouse Associates, a Pennsylvania Limited Partnership, of Cumberland County, Pennsylvania, Owner, by its agent Tom Oaughen, TWO Real Estate Management Services entered into an Agreement of even date with Wickes Lumber, 451 Amp- Wick Dr (PO Box 4468) Harrisburg, Dauphin County, Pennsylvania 17111-4468, Contractor, to provide all labor, equipment and materials necessary for the trimming out and finish carpentry of 80 units that are 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 herehy 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 W;4ver 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. IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this 24th day of April 2006. Oll: oft Townhouse Associates, bY~~~ f~ .~ Wickes Lumber by John C. Smith, Branch Manager WITNESS~~. .. /' . '1 Yfh (1J4.~d()u ~L n ~ c} ?;; "'" -n ~ cr- ..... ~ ~.. -rj \:" ::;t ~:r-', ~ ?,. Ir', ;. ~ .t;:, ;-.-' .. \ ~~~J?, {,':''''~i (.,J ,:' ,.--~ .:;-, ~.. V~; ~ -i2~ .:i <e, ).:-.j,-, ~ ~~5rn .J. ,.~' , .. t9 ...-A '" .' ;I" "" , :2 (.oJ a. if. (