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Home My WebLink About03-0830 F ebruaPd, 2003, between Ke~struct of this 21st day ofltighwa~ AssociateS, THIS AGREEMENT made as ,,ContractOr") and 1275 Rimer Inc., (hereinafter called ,'Owner")- Construction, County, pennsylvania (hereinafter called in the L.P., cumberland ' wHEREAS, Owner has acquired the fee simple title to certain real estate located South Middleton Township, cumberland County, pennsylvama, Borough of Carlisle (formerly in Agreement. more fully described in Exhibit "A" attached to this Owner has this date entered into a Construction Contract with the · as set forth in the Contract and wHEREAS, Contractor providing for the construction of certain imprOvementS exhibits thereto. wHEREAS, the parties have agreed that a Non-Lien Agreement shall be executed and recorded between the Contractor and the Owner. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties as aforesaid. 1. The Contractor, for itself and anyone else acting or claiming through or under it, for and in consideration of the contract and the considerations mentioned therein and intending . . , rel:~,mish all right to file a mechanics' lien, does hereby wmve ann m~,~ romise and ...... s hereby covenant, P to be legally boun~d. ~ere..oy, ._ m~ any lien or claim, eno aOeof any kind whatsoever shall be filed claim or notice ot mtenuon to t,,,, .~ claim agree that no mechanics' lien or claim or other lien or against the improvements or the estate or title of the Owner in the property or the or maintained . ant thereto, by or in the name of the Contractor or any · ' a e or curtilages .appurten,_~_..~o ~, work done or materials furnished under the contractor 7;;longtractor, matermlmen, or tau,,,,~o tot or by any other party acting through or under it or any of them' for and about the improvements the property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold the Contractor personally liable for all subcontracts, materials furnished, and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against the Owner for any work done or labor or materials furnished under the contract for and about the erection, construction, and completion of the improvements or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This agreement waiving the fight 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 contract for extra work in the erection, construction, and completion of the C:X,DOC S~BROWN\CORpqq onLien Agreement.doc improvements as well as to any work and labor done and materials furnished under the contract. 3. In order to give the Owner full power and authority to protect themselves, the improvements, the property, the estate or title of the Owner therein, as applicable, and the curtilage or curtilages appurtenant thereto, against any and all liens or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant, the Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attomey for it, them, or any of them, in any such Court, and in it's or their names or names (a) to the extent permitted by law, mark satisfied or record at the cost and expense of the Contractor or of any subcontractors or materialman, any and all claim or claims, lien or liens, filed in violation of the foregoing covenant, or (b) cause to be filed and served in the name of the Contractor or subcontractor or anyone else acting under or through it, and pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein, as part of the record, the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and a reference to the court, term, 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 Contractor for itself and for them does hereby remise, release and quitclaim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment or in any way concerning them. 4. In the event the Contractor consists of more than one person, finn, or corporation, the undertakings hereunder of each of such persons, finns, or corporations shall be joint and several and the word "Contractor" shall mean all or some of any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. C :~I)OC SXB ROWN\CORP~NonLien Agreement.doc IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date first above written. ATTEST: KEYSTRUCT CONSTRUCTION, INC. ATTEST: 1275 RITNER HIGHWAY ASSOCIATES, L.P. a Pennsylvania limited partnership By: Brown Holdings II, L.L.C. a Pennsylvania limited liability company its general partner By: Edward S. Brown, Managing Member C :'~C S\BROWN~CORP'~NonLien Agreement.doc EXHIBIT "A" Tract No. 1 ALL THAT CERTAIN tract of land situate in the Borough of Carlisle (formerly in South Middleton Township) Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of U.S. Highway No. 11 (Governor Ritner Highway) and at line of land heretofore conveyed to Clayton H. Zeigler and Jean M. Zeigler, his wife, thence by the center line of said highway, South 71 degrees 12 minutes West 500.0 feet to a point in the center line of said highway; thence by land of Carlisle Corporation North 19 degrees 41 minutes 30 seconds West 775.0 feet to a point in the southern line of the right-of-way of the Pennsylvania Railroad Company; thence by said right-of-way South 88 degrees 47 minutes East 333.46 feet to a point on said right-of-way; thence by land of Clayton H. Zeigler and Jean M. Zeigler South 19 degrees 41 minutes 30 seconds East 704.48 feet to a point in the center of U.S. Highway No. 11, the place of beginning BEING Parcel No.: 49-080579-006 BEING the same premises which Kinney Shoe Corporation (a New York corporation) by Deed dated 10/21/1969 and recorded 10/21/1969 in Cumberland County, Pennsylvania in Record Book K-23 page 885, conveyed unto Cumberland County Industrial Development Authority (a Body Politic and Corporate Existing Under The Laws of The Commonwealth of Pennsylvania), in fee. AND whereas Cumberland County Industrial Development Authority entered into an Installment Sale of Agreement with Kinney Shoe Corporation (a New York corporation) dated 10/21/1969, a Memorandum of which is recorded in Misc. Book 187 page 916 BEING the same premises that by deed dated June 13, 2000 and recorded June 21, 2000 in Cumberland County, Pennsylvania in Deed Book 223, page 835, Cumberland County Industrial Development Authority (a Body Politic and Corporate Existing Under The Laws Of The Commonwealth Of Pennsylvania) conveyed to Foot Locker Retail, Inc., formerly known by name change only as Venator Group Retail, Inc. formerly know by name change only as Kinney Shoe Corporation in fee. Tract No. 2 ALL THAT CERTAIN triangular plot of ground situated in the Borough of Carlisle (formerly South Middleton Township) Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southerly line of Penn Central Company (Cumberland Valley Branch) at comer of land of Carlisle Corporation and Kinney Shoe Corporation; thence by land of Kinney Shoe Corporation South 58 degrees 07 minutes 20 seconds West 192.78 feet to a C:x/)OC S~B ROWN\CORPXNonLien Agreement.doc point; thence by land of Carlisle Corporation North 19 degrees 41 minutes West 112.70 feet, more or less, to a point in the southerly line of Penn Central Company (Cumberland Valley Branch); thence by said southerly line South 88 degrees 47 minutes 00 seconds East 201.70 feet, more or less, to a point the place of Beginning. Containing 0.244 acre, more or less. BEGING Parcel No. 49-08-0579-006A BEING the same premises which Carlisle Corporation, a Delaware Corporation, by Deed dated December 28, 1972 and recorded in Cumberland County, in Deed Book Y-24, page 563, conveyed unto Kinney Shoe Corporation, a New York Corporation C:~OCS~BROWNXCORP~NonLien Agreement.doc