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HomeMy WebLinkAbout96-01833 " " . ' , . NO LIEN AGREEMENT TillS AGREEMENT made this .!Jr;/ day of April, 1996, by and between CROBBGA~B8, INC., a Pennsylvania corporation, hereinafter referred to "Owner", ^ N o ALBlAKDBR CONBTRDC~ORB, INC., hereinafter referred to as "Contractor", WITNESSETH: WHEREAS, Owner and contractor h.av, entered into a contract (the "Agreement") dated as of tYiMJ. Z/ ,1996 pursuant to Which Contractor has agreed to provide certain labor and materials in connection with the construction of a 15,000 square foot health center and leasehold improvements (collectively the "Improvements") upon a tract of land situate in the Borough of Lemoyne, Cumberland county, Pennsylvania (the "Premises"), as more fully described in Exhibit "A" attached hereto; and, WHEREAS, the parties hereto have agreed to execute this No Lien Agreement, NOW, THEREFORE, in consideration of the execution and delivery of the Agreement and intending to be legally bound hereby, contractor, for itself, its successors and assigns, and all subcontractors, materialmen, laborers and other parties acting through or under it or them, 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 Premises or any part or parts thereof or the appurtenances thereto, by Contractor or by any subcontractor, materialmen, laborers or others for work done or for any tools, equipment, materials, supervision or other services furnished under the Agreement or any subcontract and any supplements thereto, written or oral, or by any other party acting through or under them, or any of them, for and about the Improvements, the Premises or any parts thereof, or on credit thereof, AND this No Lien Agreement shall be an independent covenant and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the construction of the Improvements as to any work and labor done and materials furnished under the Agreement, AND, in order to give the Owner full power and authority to protect itself and the Improvements and the Premises against any and all claims filed by contractor, or by any subcontractor, laborer, materialman or anyone acting under or through Contractor in violation of the foregoing covenant, contractor, for itself, its successors and assigns, and all such persons, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for it, them, or any of them, in any such Court as attorney for it or them, and in his, its or their name, mark satisfied of record at the cost and expense of Contractor or of any such subcontractor, laborer or materialmen, any mechanic's lien, claim or judgment thereon entered by any such Contractor, subcontraotor, laborer or materialmen, or in its or their names against the Improvements or the Premises or any parts thereof, and for such act or acts this shall be good and sufficient warrant an~ authority and a reference to the Court and to the docket in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained ALL that certain lot or piuce of ground situate in Lemoyne Borough, Cumberland county, Pennsylvania, more particularly bounded and described as follows, to-wit: BEGINNING on the Eastern legal right of way line of 12th street at the Northwestern corner of Lot No, 11 on the hereinafter described Final Resubdivision Plan; thence along the Northern line of said Lot No. 11 the following Two courses and distances: (1) South 600 30' 30" East a distance of 139,18 feet; (2) North 800 30' 12" East a distance of 55,00 feet to a point; thence continuing along the Eastern line of said Lot No, 11 South 090 29' 48" East a distance of 459,19 feet to a point on the Northern line of properties now or formerly of Dowd; thence along the Northern line of said property now or formerly of Dowd North 440 56' 08" East a distance of 203.77 feet to a point; thence continuing along the Northern line of lands now or formerly of John H, Lemke North 440 49' 27" East a distance of 312.06 feet to a point at the Southeast corner of Lot No. 11, Final Subdivision Plan Lemoyne Square; thence along the Southern line of said Lot No. 11 North 720 38' 56" West a distance of 351. 83 feet to a point at the Southwestern corner of said Lot No, 11; thence continuing along the Western line of said Lot No, 11 North 130 24' 11" East a distance of 54,34 feet at the Southeastern corner of Lot No, 9, on the hereinafter described Final Resubdivision Plan; thence along the Southern line of said Lot No. 9, South 800 30' 12" West a distance of 163,59 feet to a point; thence continuing along the Eastern line of said Lot No, 9, North 600 30' 30" West a distance of 117,29 feet to a point on the Eastern lsgal right of way line of 12th Strest; thsnce along said Eastern lsgal right of way line of 12th Strest by a curvs to the left having a radius of 300 feet a distance of 50.23 feet to a point, the place of BEGINNING, CONTAINING 2.7346 acres, BEING new Lot No. 10, Final Subdivision Plan of Several Lots of Lemoyne Square, dated February 26, 1985, recorded in the Office of the Recorder of Deeds of Cumberland county in Plan Book 47, page 103, I ! I i EXHIBIT "A"