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HomeMy WebLinkAbout06-4131 I' .. CJ..,- l{ I ~ I t1'Ii...U K ~O THIS AGREEMENT made and concluded this -' ~~~ day Of~ --, ~olI between Westgate Garden Associates, Party of the first part f STIPULATION AGAINST LIENS (hereinafter called Owner), and Hoaa Construction, Inc. 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 balconv deck reoairs to be completed on the 1117,1121, 1129. and 1133 Columbus Avenue ("the Property"), located at Villaae at Hiahland Park. Lemovne. Pennsvlvania. 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 rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. ~ "" 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: David H. , Springwood Real Esta ervices Agent for \/illa911 at 1-I11I1,1,,"d fl,,, k Wes~k w...-.le." AssoC:te.:ks AS TO CONTRACTOR: -=:Shl.WA ~~ ATTEST ~ . I Print Name: SflAl~ &ei<$lJd Print Title: BVUi/1' (Cont or ~ Print Name: ...............1111' Print Title: V ll!..J<..y? ~ ""L..::::J;7 Corporate Seal FOR OWNER STATE OF: PENNSYLVANIA) ss: COUNTY OF: YORK) 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 YU.\.~at~ ~-e... ~soc.i-~\, Owner, and acknowledged the same to be his free act d deed. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Judith A. Bunnell. Notary Public City OIYorI<, YorI< Coonty My Co...riSSiOh Expires Feb. 5, 2008 Member, Pennsylvania Association Of Notaries ~~ No Public Q. ~/06 ( FOR CONTRACTOR STATE OF: PENNSYLVANIA) ss: COUNTY OF: YORK) Personally appeared before me ;{o~ &,,..-bd.....-and '-L signers and sealers of this Agreeme ,having shown evidence to me to be Vt'a f'rl'.i,;/""'L or- afItl ~,.k-~~. Contractor, and acknowledged the same to be their free act and deed, Iy authorize by the Contractor. :TH OF PENNSYLVANIA - iIo. NOlllNl- i"""" __HllIIrYN>I\C ,~"y()f'l"lll4<;""""~ 2008 '''Qu.,.ilillll71 ExPires Feb.. . .... .' lion 01 Nota"". ~;.....~MSOCla ~a<~ No Public I ~ j/rlop , ,,' ..",,,,,,,,,,~,_",, "'"""" .Ol<<.....~."".,.'-...~. ,~..",.. .~iIo;<,., ,>-.,~:.''"''__. ~. ... to ~ \l ~ C) -) C -'1 ~ ( -J ,.,.., ~ F f"'-.,) CI) " -I".' "" D - - -- .. (=.' :.< .,..... (" "'0'