HomeMy WebLinkAbout94-06546
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THIS AGREEMENT mllde IIf1d !'oneluded on
BETWEEN Klmba, inc., of 60 Pin Oak Lllnc,
(hereinafter called Owner),
N"v"y~ LJ 1(, I??'!
noiling Srings, Pennsylvania~ party of the
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first part
AND Lynford K. Donlvan of 116 ',\\,st Hillcrest Drive, Carlisle, Pcnnsylvania 17013, party oflhe second
part, (hereinafter called Contraclor),
WHEREAS the said parties hllve hy a duly execulcdAgreemenl undcr scal. hcaring even dale herewith,
enleredinlo a wrilten contract for the excavation, the conslruclion andcomplelion of a single family residence to
be erected on the lot of groand situale in Monroe Township, Cum her land Coumy, Pennsylvania, known as Lol 7
of Monroe Meadows as shown in Plan nook 53, Page 34,
NOW THIS AGREEMENT WITNESSETH, Thallhe Contraclor for and in eonsideralion of Ihe
contract aforesai~ and the consideration menlioned dlCreunder, as well as the farlher consideration of One ($1,00)
Dollar to him in hand paid by the Owner at or he fore Ihe sealing and delivery of these presenls, Ihe receipl
whereof is hereby acknowledged. does herehy coveoant, promise, and agree that no mechanics' lien or claim or
olher lien or claim of any kind whalsoever shall be filed or mainlained against the said building or buildings or
Ihe curtilage or curtilages appurtenantlherelo, by Comraclor or by any sub,comractor, materialmen, or laborers
for work done. or materials furnished under said contracl or hy any other party aCling through or under them or
any of Ihem for and about said building or buildings or any part thereof, or on credil thereof. and that all sub.
contractors, materialmen and laborers on said'work shalllonk 10 and hold Comractor personally liable for all sub,
eonlracts, materials furnished and work and labor done, so thatlhere shall nol be any legal or lawful claim of any
kind whatever againsl Owner for any work done or labor or male rials furnished under said contract for and about
the erection. construction, and completion of said buildings as aforesaid, or under any eonlraet for ~xtra work or
, for work supplemental therelo or olherwise,
AN D this agreement waiving Ihe right of lien shall be an independenl covenant and shall operale and be
effective as well with respeclto work done and materials furnished under any supplemental contract for exlnl
work in the erection. conslruclion, and completion of Ihe said building or buildings as any work and labor done
and malerials furnished under Ihe conlnlct aforesaid,
AND. in onler 10 give the Owner full power andaulhority to prolect himsclf and Ihe lot or lols of ground
against any and all claims filed by Ihe Conlraclor or anyone acting underor through him or it in violation of the
foregoing covenant, the said Conlractor for himself, Ihemselves, itself, hereby irrevocably authorizes and
empowers any Altorney of any Court of Common Pleas of Ihe Commonwealth of Pennsylvania, to appear for
him. Ihem, it or any of them, in any of Ihe said Courts of Common Pleas as Altorney for him, Ihem, or it and
in him. their, its. name, mark salisfied of record al Ihe cost and expense of Ihe Contractor or of any Sub,
Contractor or Materialman, or Malerialmen, any and all claims or claim, lien or lien, filed by or for the
Conlnlctor. or any Sub,Conlractoror Malerialman, or in his or Iheir name against said building or buildings, lot
or lots of ground or any part Ihereof and for such act, or aclS Ihis shall be good and sufficient warrant and
authority. and a reference to Ihe Court, Tenn and Number in which and where tbis Agreement shall bave been
filed shali be a sufficient exbibil of Ihe AUlhority herein conlained 10 warram such aClion, and the Conlraclor for
himself, Ihemselves, itself, do herehy remise, release and 'luit,c1aim ali rig his and ali manner of errors, defeelS
and imperfeclions whalsoever in enlering such salisfaClion or in anywise louching or concerning the same,
IN WITNES WHEREOF, Ihe said parties have hereunlo setlheir hands and seals daled the day and
year firsl above w . len,
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