HomeMy WebLinkAbout03-2951NO-LIEN AGREEMENT
Carlisle Plaza Mall
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Hempt Bros
THIS AGREEMENT, made this [ q day of ~'~n~. ,2003 by Hempt Bros.,
Inc. (hereinafter designated as "CONTRACTOR"), 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 10th day of June, 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 Grading / Utility Bid Package dated 5/9/03 - 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, or other
subsequently awarded contracts for other 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
behalf of any prime contractors, any subcontractors, materialmen, or other persons related or
incidental to the perforn~ance 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 contractors, any subcontractors and/or materialmen claiming themselves under this Contract or
any separate prime contract or subcontract with a prime contractor, 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 contractors, subcontractors, and materialmen with a copy of this
Agreement prior to the time the prime contractors, subcontractor, or materialman furnish any labor or
material to or for the Project and shall provide written proof to the Owner that a copy of the
Agreement was received by each prime contractor, subcontractor, and materialman prior to furnishing
any labor or material:
InnovaUve
Carlisle Plaza Mall
Page 2 of 2
Hempt Bros
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:
Contractor: Hempt Bros., Inc
By:
Name:
Title:
Date:
ATTEST:
Owner: Carlisle Realty Pam~ers~ L. P.
Name:
Title:
Date:
iDlTOVB [ivo