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HomeMy WebLinkAbout94-02197 . 1\1 1LI - ;J, /9 7 '(Y) LD " 0, WAIVER OF LIENS THIS AGREEMENT made this 21st day of April. 1994. between Oakwood Homes. Inc. ("lMner"). and Oakwood Homes. Inc. (hereinafter called "Contractor"). THE BACKGROUND of this agreement is as follows: A. By a written agreement or agreements which have been or are about to be executed (the "Contract") lMner and Contractor have contracted for the erect ion. construction and completion of 24 x 44 Bilevel the "Improvements") to be erected on real estate described in Exhibit "A" attached (the "Property"). B. By the terms of the Contract. Contractor has covenanted. promised and agreed that no mechanics' or materialmen's lien or claims would be filed or maintained in the Property or any part thereof. or the curtilage or curtilages appurtenant thereto. either by himself or anyone else for or on account of any work. labor pr materials supplied in the performance of the Contract. or under any supplemental contract or for extra work. in the erection. construction or completion of the Improvements on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The contractor. for himself and anyone else acting or claiming through or under him. for and in consideration of the Contract and the considerations mentioned therein. and intending to be legally bound hereby. does hereby waive and relinquish all right to file a mechanics' lien. claim or notice of intention to file any lien or claim. and does hereby covenant. promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of lMner in the property or the curtilage or curtilages appurtenant thereto. by or in the name of Contractor or any subcontractor. materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Property or any part thereof. or on credit thereof. and that a 11 subcontractors. materi a 1 men. and laborers on the work shall look to and hold Contractor personally liable for all subcontracts. materials furnished and work and labor done. so that there shall nor be any legal or lawful claim of any kind whatever against lMner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvements. or under any contract for extra work, or for work supplemental thereto. or otherwise. 2. This agreement waiving the right of 1 ien shall be an independent covenant and shall operate and be effecti ve as well with respect to work done and materi a 1 s furni shed under any supp 1 ementa 1 contract for extra work in the erection. construction and completion of the Improvements as to any work or labor done and materials furnished under the Contract. 3. In the event Contractor cons i sts of more than one person. fi rm or corporat ion. the undertak i ngs hereunder of each of such persons. fi rms or corporations shall be joint and several. and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement. the singular shall be deemed to include the plural. and the neuter shall be deemed to include the masculine and feminine. as the context may require. IN WITNESS WHEREOF. the said parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES PRESENT: ~) ,,~~ (SEAL) resident By: By: _ (SEAL) t / -)}, By:" :l,-/-r ri! '/~- (SEAL) oaRwood/H mes.'-Inc.. llouglas Zook. President , " EXHIBIT "A" ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs. Cumberland County. Pennsylvania. bounded and described in accordance with a Plan prepared by Walter N. Heine Associates. Inc.. dated December 8. 1989 and recorded in Plan Book 64. page 90. as follows: BEGINNING at a point in western right-of-way line of Liberty Drive at corner of Lot No. 8 on said Plan: thence along Lot Nol 8. South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right-of-way of PA Route 94: thence along right-of-way line of PA Route 94. North 20 degrees 03 minutes 31 seconds West 87.00 feet to a point: thence along Lot NO.6 on Plan. North 70 degrees 27 minutes 10 seconds East 101.26 feet to a point in western right-of-way of Liberty Drive: thence along said line of Liberty Drive. South 19 degrees 32 minutes 50 seconds East 87.00 feet to a point the Place of BEGINNING. CONTAINING 0.2015 acre and designated as Lot NO.7 of Liberty Woods. BEING part of the same premises which William H. Nordstrom. Executor of the Estate of Ruth Newburg Moore. a/k/a Ruth E. Moore. by deed dated October 13. 1992. in the Recorder's Office in and for Cumberland County. Pennsylvania. in Deed Book Y. Volume 35. page 238. granted and conveyed unto Liberty Associates. A Partnership. Q ~ -..3 1"\. ....... \..J ~ ';'..... ~ <::t- ~ ~ <..., C:..:!.