HomeMy WebLinkAbout03-110525/03
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DEFAZIO ENGINEERING
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NO Ul;N AGREEMENT
THIS AGREEMENT, made and ,~ered into this ~Zday '.o4~~ . 2003, by and between B.T. HITE,LLP, of
200 Union Ave., Altoona, Pennsylvania, 16602 herinafter called "OWNER", AND
"THE HITE COMPANY", of P.O. Box 1754, Altoona, Penna. 16603 herinafter called the "TENANT",
AND
hereinafter called "CONTRACTOR".
/7o
WHEREAS. the payee hereto have entered into a certain Construction Contract Agreement (the "Agreement')
pursuant to which CONTRACTOR will perform certain work and furnish materials in connection with the construction of
TENANT'S SPACE within a one story building upon OWNER'S tot of ground situate in the Borough of Carlisle, County of
Cumberland and State of Pennsylvania, and being more fully described as the B.T. HITE, LLP property on Ritner Highway
(S.R. 0011 ) pennsylvania, described in Deed Book Volume 255 Page 629, as recorded with the Recorder of Deeds Office in
and for Cumberiand County.
NOW, THEREFORE, in consideration of the execution and delivery of the Agreement and intending to be legally
bound hereby, TENANT & CONTRACTOR, for itself, ils succasaors and assigns, and for all ~ and other
parlies acting through or under it or him does hereby covenant, promise and agree that no mechanic's lien or claim or other
lien or claim of any kind whatsoever shall be filed or maintained against the building, the land or any part or parts thereof or
the appurtenances thereto, by CONTRACTOR or by any subcontractor, materiaimen, laborers or others forwofk done or for
any tools, equipmen~ materials or supewision or others sewicas furnished under theAgreement or any subcontract and any
supplements thereto, written or oral, or by any other party acting through or under them or any of them, for about the
residence and land or any parts thereof, or on the credit thereof.
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DEFAZIO ENGINEERING
AND, this No-Lien Agreement shall be an independent covenant and shall operate and be effective as well with
under any supplemental contract for ex~aworkin conneclion with
respectto work done and materials and services furnished furnished under the Agreement.
the construction of the improvements as to any work and labor done and materials
AND, in order to gna the OWNER full power and authority to protect itself and the bulldmg 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, ma~ salisfled of
record at the cost and expense of CONTRACTOR or of any such subcontractor, laborer or materialman, 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
flied shall be a sufficient exhibit of the authority herein contained to warrant such action, and the CONTRACTOR, for itself
and all subcontractors, laborers and materialmen, does hereby release all errors and defects whatsoever in the entry of any
such satisfaction or the exercise of the authority hereby conferred.
This No-Lien Agreement will be filed in the Office of the ProthonotarY of Cumberland County, 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 prior to the commencement of any work on the premises by CONTRACTOR in
connection with the improvements. If any w°rk has c°mmenced the CONTRACTOR releases the ~and and impr°vements
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 Uens.
WITNESS the due execution hereof the day and year first above written.
R' "--'- B.T.J;liT;~, LL.P./~
~ J' ~' ~'~' THE HITE COM~
TENANT:
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