HomeMy WebLinkAbout06-3408
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STIPULATION AGAINST LIENS
The undersigned contractor furnishing services, labor or materials,
known as F & R MATERIALS, a Pennsylvania company (the "Contractor')
intending to be legally bound, and in consideration of the sum of ONE AND
NO/100 DOLLAR ($1.00) to it in hand paid by OLD FIELD PARTNERSHIP
("Owner"), the receipt whereof is hereby acknowledged, for itself and any
subcontractors, materialmen, laborers or anyone else acting through or
under it, covenants and agrees that no mechanics or materialmen's liens or
claims shall be filed or maintained by it, them or any of them, against the
real estate described in Schedule "A", attached hereto and made a part
hereof, or against any infrastructure, buildings or other improvements
thereon Oointly and severally, the "Real Estate"), for or on account of any
work to be done or materials furnished under the principal contract between
Owner and Contractor, the Proposal for which was dated June 2, 2006 and
accepted by Owner on June 7, 2006, or under any supplemental contract,
verbal or written, or contract for extra work or materials relating to and work
to be done or material furnished under said principal contract. The
undersigned, for itself, its subcontractors, materialmen, laborers and
anyone else acting or claiming through or under it, hereby waives and
relinquishes all right to file a mechanics' lien, claim or notice of intention to
file any lien or claim against the Real Estate.
The undersigned, for itself, its subcontractors, materialmen, laborers
and anyone else acting under or through it, hereby irrevocably authorizes
and empowers any attorney of any court of competent jurisdiction of the
Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it,
them or any of them, in any such court and, in its or their name or names,
mark satisfied of record at the cost and expense of the undersigned, any
and all claims, liens, any 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 this waiver and for such act or acts this waiver shall be
good and sufficient warrant and authority, and the undersigned for itself,
and for them, does hereby remise, release and quit-claim all rights and all
manner of errors, in filing such pleading, instrument or amendment, or in
any way concerning them.
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Owner shall have the absolute right in its name or in the name of the
undersigned or any other entity or person who shall have filed a claim or
lien, to cause any and all such claims or liens to be discharged by any
other instrument, pleading or proceeding permitted at law or in equity.
The undersigned hereby avers, represents and warrants that no work
has commenced on the Real Estate, that no materials have been delivered
to the Real Estate and that no labor has been furnished for the
improvement of the Real Estate by the undersigned.
This stipulation is made and intended to be filed with the Cumberland
County Prothonotary in accordance with the requirements of the
Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the undersigned has executed this
instrument as of the seventh day of June, 2006.
ATTEST:
By
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SCHEDULE A
THE REAL ESTATE
ALL THAT CERTAIN parcel of land located in South Middleton
Township, Cumberland County, Pennsylvania, commonly known as
Summerfield Phases 4 & 5, as depicted on Cumberland County Plan
Book 92, Page 38.
BEING part of property conveyed to Old Field Partnership by
deed dated May 11, 1990 and recorded in Deed Book 0, Volume 34,
Page 246, Cumberland County records.
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