Loading...
HomeMy WebLinkAbout02-2330WAIVER OF LIENS THIS AGREEMENT, Made and concluded this 9th day of May, 2002, and between MARK E. NEALY and SUSAN D. NEALY hereinafter called ("Owner"), and DANIEL KOSER / KOSER CUSTOM HOMES hereinafter called ("Contractor"). WHEREAS, the said parties have by a duly executed Agreement under seal, entered into a written contract for the erection, construction and completion of a single family residence, together with appurtenant facilities, situate at 287 Airport Road, Shippensburg, identified as Cumberland County Tax Parcel Number 39-13-0104-034 located in Southampton Township, Cumberland County, Pennsylvania, being more particularly bounded and described in Exhibit "A" is attached hereto and made a part hereof. AND the said Contractor hereby declares and warrants that no work of whatsoever kind or nature has yet been done and that no materials whatsoever have as yet been furnished by anyone under, toward or in connection with the execution performance of the aforesaid building agreement. WHEREAS, by the terms of the contract aforesaid the Contractor covenanted, promised and agreed that no mechanics' liens or claims would be entered and files against the said building or buildings or any part thereof, or the curtilage or curtligages appurtenant thereto, either by itself or anyone else for any work labor and materials supplied in the performance of the said contract, or under any supplemental contract for extra work, in the erection, construction or completion of the said single family residence and other companion improvements or any of the curtilages appurenant thereto. NOW THIS AGREEMENT WlTNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of one dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' liens or claims or other liens or claims of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilages appurtenant thereto, by Contractor or by any subcontractors, material men or laborers for work done or materials furnished under said contract or by any other party acting through or under it, them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub- contractors material men, and laborers on said work shall look to and hold Contractor personally liable for all sub-contractors, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owners for any work done or labor or materials furnished under said Contract for and about the erection, construction and completion of said building and improvements as aforesaid, or under any contract for extra work, or for work supplemental thereto, or otherwise. AND this Agreement waiving the right of liens shall be an independent covenant and shall operate and be effective as well with respect to the work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the said building or buildings as to any work and labor done and material furnished under the contract aforesaid. AND in order to give the Owner full power and authority to protect itself and the lot or lots of ground against any and all claims files by the contractor or anyone acting under or through it or in violation of the foregoing covenant, the said contractor, for themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for them, in any of the said Courts of Common Pleas as Attorney for them, or it and in their or it's name, to mark satisfied of record any and al claims or claim, lien or liens, filed by or for the Contractor, or any sub-contractor or material man, or in their or its name against said building or buildings, lot or lots or ground or any part thereof. For such act or acts, this waiver shall be good and sufficient exhibit of the authority herein contained to warrant such action, and the Contractor, for themselves or itself, does 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 said parties have hereunto set their hands and seals, dated the day and year first above written. Attest: DANIEL KOSER / KOSER CUSTOM HOMES (Contractor)