HomeMy WebLinkAbout03-0462NO UENAGREEMENT
THIS AGREEMENT, made and entered into this~ day of ~ f:~ ~J. , 2003, by and between B.T. HITE,LLR, of
200 Union Ave., Altoona, Pennsylvania, 16602 hinaffer called "OWNER",
AND
, of ,~d ~:~ /2~; .~1 ~,,~, /¢ /Z~ ~/herein~or calleO
"CONT~CTO~'.
WHER~S, the ~ hereto have entered into a ce~in Con~m~on Contract Agreement (the "Agmemenf')
pumuant to ~ich CONT~CTOR ~11 ~ffo~ ~in wo~ and furn~h m~ed~ in conne~on ~h ~e ~nstru~on and
development of a one sto~ building u~n OWNER'S lot of ground situ~e in the Borough of Cadisle, Coun~ of Cum~dand
and ~e of Penns~ania, and ~ng mom fu~ d~cd~ ~ the B.[ HITE, LLP pmpe~ on R~ner Highly (S.R. 0011)
penns~ania, d~c~bed in Deed Book Volume 255 Page 629,as recorded ~h the Recorder of De~ ~ce in and for
Cumberland Count.
NOW, THEREFORE, in consider~on of the execution and del~e~ of the Agreement and intending to be legal~
bound hereby, CONT~CTO~ for ~E, ~ suc~m and a~gns, and for all su~on~a~om and other ~ a~ng
through or under it or him do~ hereby covenant, promise and agree ~at no mechanics lien or claim or other lien or d~m ~
any ~nd ~a~er shall ~ fil~ or main~in~ again~ the building, ~e land or any ~ or ~ thereof or the
appu~enanc~ thereto, by CONT~CTOR or by any subcontm~or, m~edalmen, laborem or othem for work done or for
any too~, ~uipment, m~eda~ or su~ion or o~em se~ ~rnish~ un~r the Agr~ment or any su~and ~y
supplemen~ thereto, w~en or omi, or by any other ~ acting ~rough or under them or any of them, for about the
r~dence and land or any ~ ther~f, or on the cr~ thereof.
AND, this No-Lien Agr~ment shall ~ an independent covenant and shall operate and be ~e~e as well ~h
r~ to ~ done and m~eda~ and se~c~ furn~hed under any supplemen~l contm~ ~r ~ ~ in ~nn~n ~
the con~ru~on of the impmvemen~ as to any work and labor done and m~edals furnished under the Agr~ment.
C:\PROGRAM FILES\MICROSOFT OFFICE\OFFICE\CARLISLE NO LIEN AGR.DOC
AND, in order to give the OWNER full power and authority to protect itself and the building and the land against any
and all claims filed by CONTRACTOR, or by any subcontractor or anyone acting under or through CONTRACTOR in
violation of the foregoing covenant, CONTRACTOR, for himself, his successors and assigns, and all such persons hereby
irrevocably authorized and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to
appear for him, them, or any of them, in any Court as attorney for him or them, and in his, its or their name, mark satisfied of
record at the coat and expense of CONTRACTOR or of any such subcontractor, laborer or matedalmen, or in its or their
names against the building or the land or any part thereof, and for such act or acts this shall be good and sufficient warrant
and authority and a reference to the Court and to the docket in which and where this No-Lien Agreement shall have been
filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the CONTRACTOR, for itself
and all subcontractors, laborers and matedalmen, does hereby release all errors and defects whatsoever in the entry of any
such satisfacton or the exercise of the authority hereby conferred.
This No-Lien Agreement will be filed in the Office of the Prothonotary of Cumberland Count, Pennsylvania,
pursuant to the provision of the Act of August 24, 1983, P.L. 1175, No. 497, as supplemented and amended and the receipt
for such filing will be delivered to OWNER p~ior to the commencement of any work on the premises by CONTRACTOR in
connection with the improvements. If any work has commenced the CONTRACTOR releases the land and improvements
from all liens. Furthermore, if any CONTRACTOR/subcontractor has worked on the land and/or the improvement and/or if
any materialman has provided materials that are not paid CONTRACTOR will have said subcontractor/materialman sign a
Release of Liens.
WITNESS the due execution hereof the day and year first above written.
OWNER:
CONTRACTOR:
BmT. HITE, LmL.P
Bruce J. Thaler