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HomeMy WebLinkAbout06-6568 y' '.. Stipulations Against Liens ALBOROTO ASSOCIATES, LLC JJn tbt ~ourt of (tommon t)ltas (tount~ of Cumberland Owner , Pennsylvania Contractor Docket Number Page Number D~ - u;5~8 ML.D ; Term 2006 JOSE DOMINGUEZ 'Wbtrtas, JOSE DOMINGUEZ ("Contractor") of 510 Joel Drive, Mechanicsburg, PA 17050, has entered into a contract with ALBOROTO ASSOCIATES, LLC ("Owner"), for the construction of improvements to that office condominium located in Upper Allen Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which AlBOROTO ASSOCIATES, llC is the title holder of record; and Wbtrtas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. JiobJ, 'Ql:bis ~grttmtnt 'Witntssttb: That Contractor, for and in consideration of the contract aforesaid and the considerations mention~ 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 of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. ~nb this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. ~nb, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of anyone or more of them against the building, improvements, lot of ground 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 this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. ay and year aforesaid. \ \ II Y / c9-00(P By: fJlAbl.fP1 -'\. ALBOROTO ASSOCIATES, LLC ~~~ Z~~~ .- EXHIBIT A ALL THOSE CERTAIN units and the property known, named and identified in the Declaration referred to below as "Mountain View Office Park, A Condominium" situate in the Upper Allen Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa.C.S. ~~ 3101, et seq. (the "Acf'), by the recording in the Cumberland County Recorder of Deeds Office of a Declaration dated October 23, 2006, recorded October 24, 2006, in Book 0731, Page 2398, and the Plats and Plans attached thereto, as amended from time to time, (collectively the "Declaration"), and being designated in the Declaration as Unit Nos. C-300, C-301, C-302 and C-303, which Units are more fully described in the Declaration, together with the proportionate undivided interests in the Common Elements (as defined in the Declaration) of 6.26%. Grantor reserves the right, in accordance with the Declaration, to reduce and reallocate Grantees' proportionate undivided interest in the Common Elements as provided in the Declaration. BEING a portion of those premises which Edward P. Fetrow and Linda S. Fetrow, husband and wife, granted and conveyed by deed dated October 7,2005, recorded October 13,2005 in Cumberland County Deed Book 271, Page 2064 unto Professional Office Developers LLC, a Pennsylvania limited liability company. "6A. ~ C::> C) ~ C..:.::J ~ C)""' -1'1 --..:.".. .-t 8 ",-,"-.',- .. C) Ii) W-,Z,: fllr,,c, - ~ ty :Ti '<"' ~ ~ ~ OJ ' ;; j ~ <-:1 5~ -..J _A.J -< :z:. t'