HomeMy WebLinkAbout98-00572
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NO-LIEN AGREEMENT
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This agreement, made this 29'h day of January, 1998, hy and helween Hogg
Construction Inc. (hereinafter designated as "CONTRACTOR"" and 1021 Associates,
LLC/1021 State Strect, Lemoyne, of2933 North Front Street, Harrisburg, Pennsylvania
17110 (hereinafter designated as "Owner"'.
That by a certain contract, dated as of the 30lh day of January, 1998, hy and
between CONTRACTOR and OWNER in consideration of the covenants to be
perfonned and payments to he made by or on account of OWNER, CONTRACTOR did
covenant and agree to furnish all labor and materials and perfonn all work necessary to
complete in the most substantial manner, and to the: satisfaction and acceptance of
OWNER. the demolition, asbestos removal, and construction ofa parking lot located at
1021 State Street, Lemoyne:, Township, Cumberland County, Commonwealth of
Pennsylvania, as more fully describcd in Exhibit "A" attached hereto and made a part
hereof (the "Property").
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NOW THEREFORE, the CONTRACTOR, in consideration of the sum of One
Dollar (SI,OO) and of the covenants and provisions in said Contract contained, docs
hereby covenant, stipulate and agree as follows:
That there shall be no lien or right to file a lien against the structures or
improvements contracted for in the above-recited Contract, or any parts thereof, or upon
the Property, for work or labor done or materials furnished in the perfonnance ofthe
work embraced in said recited Contract, or any parts or parts thereof, or extra work
thereunder or changes made therein; and that no such liens or claims shall be filed or in
any way attcmptcd to be enforced by, or on behalf of. the CONTRACTOR, or by or on
behalf of, any sub-contractors, materialmen or other person concerned in or about the
perfonnance of the work embraced in said Contract.
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It is the full intent of the CONTRACTOR, for itself and its succcssors and assigns
and for any sub-contractors and/or materialmen claiming for themselves, or by, through
or under the Contracts, that the right to file a mechanics' or materialmen's lien, under the
provision of Acts of Assembly in such cases made and provided, for work done or
materials furnished in and about the erection, construction or repairs of the building and
improvements above dcscribed, is hereby waived, Contractor shall provide all
suhcontractors and materialmen with a eopy of this Agreement prior to the time the
subcontractor or materialman furnishes any labor or material to the subject project and
shall provide written proof to Owner that a copy of the Agreement was received by each
subcontractor and materialmen prior to their furnishing any labor or material.
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(u:smsUlen,doc)
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EXHIBIT "A"
ALL THAT CERTAIN piece or parcel of land, situated in the Borough of
Lemoyne, County of Cumberland and Commonweallh of Pennsylvania, more particularly
bounded and described as follows, to wit:
BEGINNING at an iron pile on the Northern side of Stale Street (the Gellysburg
Pike) at the corner of lands of L,B, Smith Motor Company; thence by said lands and at
right angles 10 Stale Streel, North thirty-six (36) degrees forty-three (43) minutes West,
four hundred (400) feet distant in a Southerly direction from Market Street; thence in a
line parallel with Market Street and four hundred (400) feet distant Southwardly
therefrom, North seventy (70) degrees twenty (20) minutes East, one hundred four and
six-tenths (438,04) feet to an iron pipe on the Northern side of said State Street; thence by
the Northern line of State Slreet; South fifty-three (53) degrees seventeen (17) minutes
West, one hundred (100) feet to the iron pipe, the place of BEGINNING.
BEING part of Lot No, 45. Rosene Fann.
36-A,
AS SURVEYED by D.P. Raffensperger, R.S. on July 18, 1967, Drawing No: 8-
BEING the same premises which Reiter's Realty & Equipment Co., Inc., a
Pennsylvania corporation, by its deed dated November 21, 1977, and recorded in the
Office ofthe Recorder of Deeds in and for Cumberland County in Deed Book 0-27, Page
425, granted and conveyed unto Paxton Leasing Company, a partnership.
(u:smsUien.doc)