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HomeMy WebLinkAbout98-00573 . -{\ 1 d/- Y-? 3 ;L( L D NO-LIEN AGREEMENT This ugl'cclllcnl, Illllllc this 30th day of Jannury, 1998, hy and helween First Capilal Insulullon (hcrclnul\cl' dcsignuted us "CONTRACTOR"). und 1021 Associates, 1.1.('11021 Stutc Strccl, LCllloync, 01'2933 North Front Street,Harrishurg, pennsylvaniu 17110 (hcl'c1uul\cl' dcslgnuled us "Owner"). '1'11111 hy n ccrtuin eontruel, duted as of lhe 30lh day of January, 1998, by and hclwccn CONTRACTOR und OWNER in consideration of the covenants to be pCl'lill'll1Cd ul1ll pUYlllcnts 10 be made by or on account of OWNER, CONTRACTOR did covcnunlund ugrcc to fumish all labor and materials and perfoml all work necessary to COllllllclC iUlhe Illost snbstantiulmanner, and to the satisfaction and acceptance of OWNER, thc dClllolition, IIsbestos removal, and construction of a parking lot located at 1021 Shalc Slrcct, Lemoyne, Townsbip, Cumberland County, Commonwealth of Pcnnsylvllniu, us more fully described in Exhibit "A" attached hereto and made a part hcrcof (Ihe "ProperlY"), NOW THEREFORE, the CONTRACTOR, in consideration ofthe sum of One Dollur ($ 1,00) und of the covenants and provisions in said Contract contained, docs hcrcby cuvcnunt, stipulate und agree as follows: Thut there shall he no lien or right to lite a lien against the structures or improvclllcnls eonlrueted for in the ubove-recited Contract, or any parts thereof, or upon the Property, for work or labor done or materiuls fumished in the perfonnanee of the work cmhrueed in suid recited Contract, or any parts or parts thereof, or extra work thcrcundcr ur chungcs madc thcrcin; and that no such licns or claims shall be lited or in any WilY attempted to he enforced by, or on behalf of, the CONTRACTOR, or by or on hchul I' of, IIny suh-eontraetors, materialmen or other person eoneemed in or about the pcrlill'll1Unee of the work cmbraeed in said Contract. It is thc full intent of the CONTRACTOR, for itselfand its successors and assigns und for uny sub-euntraetors and/or materialmen claiming for themselves, or by, through or undcr thc Contruets, thut the right to lite a mechanics' or materialmen's lien, under the provision of Acts uf Assembly in such cases made and provided, for work done or mUlcriuls Iilrnishcd inund about the erection, eonstroetion or repairs of the building and improvcmcnts ubove described, is hereby waived. Contruetor shall provide all suheonlructors und materialmen with a copy of this Agrccmcnt prior \0 the timc the suhconlruetor or mulcriuhnan fumishes uny labor or material to thc subject project and shull provide wrillen proof to Owner that a copy ofthe Agreement wan reeeivcd by each suhconlruetor und muterialmcn prior to thcir fumishing any labor or muteriul. (u:sms\lIon2.doc) IN WITNESS WIIEI~EOF, nnd intcnding 10 be legnlly bound hereby, the pnrties tlllhcsc prcscnts hnvc hcrcunto cxccutcd this Agreemcnt by nnd through their duly lIuthnrltCllornccrs sctlhcir hnnds IIIllI scnls, the dny ulllI yenr written below, ;$/~~// -By: ATTEST: , / ATTEST: I Corpornte Senl} (u:5mslllon2.doc) Contruetor: First Cnpitnllnsulnlion By: ~~~~(SEAL) Nnmc: Lew Klinedinst Tille: Vice-president Dnte: 1/30/98 Owner: 1021 Assoeiatcs, LLC/1021 Stnte Strecl, Lcmoyne Name: Lh'J 5:,lt CJ,;,s >..h r;~S/~,,-t: I J.p Its / I (SEAL) Tillc: Dale: EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land, situated in the Borough of Lemoyne, County of Cumberland and Commonwealth ofPellnsylvania, more particularly bounded and described as follows, to wit: , , BEGINNING at an iron pile on the Northem sidc of State Street (the Gettysburg Pikc) at the comer of lands ofL,B. Smith Motor Company; thence by said lands and at right angles to State Street, 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 Iinc 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 Iinc of State Street; South fifty-three (53) degrees seventeen (17) minutes West, one hundred (100) feet to the iron pipe, thc place of BEGINNING. BEING part of Lot No, 45, Rosene Fann. AS SURVEYED by D,P. Raffensperger, R.S. on July 18, 1967, Drawing No: 8- 36-A. BEING the same premises which Reiter's Realty & Equipment Co., Ine" a Pennsylvania corporation, by its deed dated November 21, 1977, and recorded in the Office of the 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:smsUlen2.doc)