HomeMy WebLinkAbout95-00716
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mWIN, Mcl<NIGIrl' & llUGllES
60 West Panfrct St. .CAII"I"'., ...."'"VAIIIA ,.,0'.
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THIS AGREEMENT made and coucluded thu
loiL_ day of -t ~~
19..95.-
between
T.ih>rt,y Associates, a Partrenhip
of
60 S. pin Oak Drive, Boilirg Springs, Pa
party of the fint part (hereinalter called Owner).
Richard J. Roterts
AND
of
4400 Lin:!lestown Road, Harrisburg, PA
party of the second part (hereinafter called Conll'llctor).
WHEREAS, the laid parti.. have by a duly executed agreement under ...al, daled
19.95-,
entered into a writlen contract for the erection, conatruction and cOlllpletion of
si.l'lClle family d\,ellioo
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C"M
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to be erected on _I.Q.t...JlQ., 38. I~noe Dri.ve, Libertv ~ Subdivision
t-bunt Iblly Sprirgs, OJmberland County, PA
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NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in conlideration of the contl'llct
aforesaid and thc conaidel'lltion mentioned thereunder, III well as the further considel'lltion of One ($t.OO) Dollar
to him in hand paid by the Owner at or before the scaling ami delh'ery of these presents, the receipt whereof u
hereby acknowledged, docs hereby covenant, promise and agree that no mcchanicl' lien or claim or other lien or
claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or
curtilag.. appurtenant thereto, by Contractor or by any sub-contl'llctor, materialmen or laboren for work done or
materials furnuhed under laid conll'llct or by any other party acting through or under them or any of them for
and about said building or buildings or any part thereof, Or on credit thereof, and that all lub-contracton, malerial.
men, and laboren on laid work Ihall look to and hold Contl'llctor personally liable for all lub.contracts, materiall
furnished and work and labor done, so that there Ihall not be any Icgat or lawful claim of any kind whatever
againat Owner for any work done or labor or materials furnished under said conlract for and about the erection,
construction and completion of said buildings as aforesaid, or under any contract for extra work, or work supple.
mental thereto, or otherwise.
AND thu Agreement waiving the right of lien shall be an independent covenant and shall operate and be
effective as well with respect to work done and materials furnished under any supplemental contl'llct for extra work
in the erection, construction and complction of the said building or buildings as to any work and labor done and
materials furnished under the contract aforesaid.
AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground
against any and all claims filed by the Contl'llctor or anyone acting under or through him or it in violation of the
foregoing covenant, the laid Contractor for himself, themselves, itself, hereby irrevocably authorizes 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 Sub.Contl'llctor or Materialman,
or Materialmen, any and all claims or claim, lien or Iiem, filed by or for the Contractor, or any Sub.Contractor or
Materialman, or in his or their name against said building or buildinHs, lot or lots of ground or any part thereof and
for luch act or acts this shall be good and sufficient warrant allll authority, and a reference to the Court, Tenn
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 Contl'llctor for him5elf, themselves, itself, do hereby remise, release
and quit.c1aim all rights and all manner of errors, defects ami imperfections whatsoever in entering such satisfaction
or in anywise touching or concerning lhe same.
IN WITNESS WHEREOF the said parties have hereunto set their hands and scali dated the day and year
first above written.
WITNESSES PRESENT:
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(SEAL)
OWNER
(SEAL)
(SEAL)
CONTItACTOR
(SEAL)