HomeMy WebLinkAbout03-0945 Carlisle Plaza Mall
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Mass Construction Group, Incorporated
NO-LIEN AGREEMENT
THIS AGREEMENT, made this ~day of ~2q, k:3r[4 , 2003 by Mass
Construction Group Incorporated (hereinafter designated as acoN'I~RAdTOR"), and CARLISLE
REALTY PARTNERS, L. P. a Pennsylvania Limited Partnership represented by MICHAEL JOSEPH
DEVELOPMENT CORPORATION, 2500 Brooktree Road, Suite 300, Wexford, PA 15090
(hereinafter designated as "OWNER").
That by a certain contract, dated as of the 4th day of February, 2003, by and between CONTRACTOR
and OWNER in consideration of the covenants to be performed and payments to be made by or on
account of OWNER, CONTRACTOR, did covenant and agree to furnish all labor, superintendence,
management, equipment, tools, devices, accessories, and materials to perform all work necessary to
complete in the most substantial manner, and to the satisfaction and acceptance of OWNER, the work
described in Bid Package #2 Building Demolition dated December 9, 2002, - improvements
required in association with project described as The Renovations to the Carlisle Plaza Mall), at the
site located at East High Street and York Rd, Carlisle, Commonwealth of Pennsylvania (the
"Project") pursuant to plans and specifications outlining improvements to a certain piece of property
situated at East High Street and York Road, Carlisle Borough, Cumberland County, Pennsylvania, as
more fully described in Exhibit "A" attached hereto and made a part hereof (the "Property").
NOW THEREFORE, the CONTRACTOR, in consideration of the sum of One Dollar ($1.00),
the sufficiency and receipt of which are herein acknowledged, and in consideration of the covenants
and provisions contained in said Contract, does 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 Contractor, or any part or parts thereof, or upon the Property, for
work or labor done or materials furnished in the performance of the work embraced in said recited
Contract, or any part or parts thereof, or extra work thereunder or changes made therein,
.....~,,*, ....... -, ...... +,, ................ a,,,,4 ,.~.,-o,.,~ .v.*'~ ^**'~v...v. work, on the Project; and that no such liens or claims shall
be filed or in any way attempted to be enforced by, or on behalf of the CONTRACTOR, or by or on
.... ":~ :cn~actcrz, any subcontractors, materialmen, or other persons related or
behalf of
incidental to the performance of the work embraced in said Contract, or in any way related to the
Project.
It is the full intent of the CONTRACTOR, for itself and its successors and assigns, and for ,any.
prime cen.*r_~_cters, any subcontractors and/or materialmen claiming themselves under this Contract.or.
.......... *° ~; ..... *'~'~* or ~..r.~.,.~, ..,;a. c ~,~;~o ccn.'a:cctc;~, or by through or under the
Contract, that the right to file a mechanics' lien under the provisions of the Mechanics' Lien Law of
1963, for work done or materials furnished in and about the erection, construction, superintendence or
repairs of the building and improvements for the above described Project, is hereby waived.
Contractor shall provide all prime ecn~actcr:, subcontractors, and materialmen with a copy of this
Agreement prior to the time their!m: -;:'.~a:t:rz, subcontractor, or materialman furnish any labor or
material to or for the Project and shall pr6vide written proof to the Owner that a copy of the
Agreement was received by each pi4,m~atr-4~, subcontractor, and materialman prior to furnishing
any labor or material:
A
/D n o vo [i v~
COD-q['FUCffOD
Carlisle Plaza Mall
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Mass Construction Group, Incorporated
IN WITNESS WHEREOF, and-intending to be legally bound hereby, the parties to those
· presents have hereunto set their hands and seals, the day and year first written above.
ATTEST:
L C°ntrac~;: M~onstruction Group, Inc.
Name:
Title:
Date:
ATTEST:
Owner: Carlisle Realty Partners, L. P.
Name:
Title:
Date:
inno va tire
PCDOCS#: 331055.
EXHIBIT A
Description of Real Property
ALL THAT CERTAIN tract' or piece of. land situated in the County of
Cumberland, Borough of Carlisle, Commonwealth of Pennsylvania, and is identified as
follows:
BEGINNING at a point, said point being a concrete monument located at the
southwesterly comer of property of lands now or formerly of Carlisle Manor
Development, said point also being on the northerly right-of-way line of an existing 49-
foot right-of-way for York Road; thence westwardly along said right-of-way for'York
Road the following 2 courses and distances: (1) North 51 degrees 47 minutes 10
seconds West, 1,091.24 feet to a point, and (2) North 51 degrees 45 minutes 00
seconds West, 777.21 feet to a point, said point being the southeasterly comer'of
property of lands now or foi-merly of Joseph Joliff; thence along lands of same North
25 degrees 34 minutes 47 seconds East, 274.37 feet to a point, said point being an
iron pin on the southerly right-of-way line of an existing 80-foot right-of-way for East
High Street; thence eastwardly along said right-of-way for East High Street the
following 2 courses and distances: (1) South 78 degrees 14 minutes 00 seconds East
926.92 feet to a point, and (2) South 78 degrees 34 minutes 50 seConds East, 694.74
feet to a point, said point also being the northwesterly comer of property for the
aforesaid Carlisle Manor Development; thence along lands of same, South 12 degrees
31 minutes 03 seconds West~: 1,103.34 feet to a point, the place of beginning.
THE ABOVE DESCRIPTION is for the entire tract and contains 1,142,610.78
square feet, or 26.231 acres.
Uniform Parcel Identification No.: 03-21-0318-142.
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