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HomeMy WebLinkAbout03-3766NO-LIEN AGREEMENT Simon Roofing Carlisle Plaza Mall Page 1 of 2 o3- THIS AGREEMENT, made this ~t~ day of ~,.,(Iq , by Simon Roofing (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 18th day of July, 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//5 Roof Replacement and Overlay (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 oi 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 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 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 materialman 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: Innovative Construction Services Simon Roofing Carlisle Plaza Mall Page 2'of 2 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. Contractor: Simon Roofing Title: Date: ATFEST: Owner: Carlisle Realty Partners, L. P. '~,.~...~tz, qt. I~..,~... c.., ~.~ Name: Title: Date: IDDOVO [?V~ EXHIBIT A LOT 1 ALL that certain tract of land situate in the Second Ward of the Borough of Carlisle, Cumberhnd County, Pennsylvania, more particularly bounded and described pursuant to the Final Subdivision Plan for Carlisle Plaza Mall, prepared by Brehm-Lebo Engineering, Inc. recorded in Plan Book , Page _ at the Office of the Recorder of Deeds, Cumberland County Courthouse, Carlisle, Pennsylvania. BEGINNING at an existing iron pin on the southern right of way line of East High Street (S.R. 0641) at the northeast comer of lands now or formerly of Kenmar Enterprises; thence along the southern right of way line of East High Street (S.R. 0641) South 78 degrees, 14 minutes, 00 seconds East, a distance 926.92' to an existing drill hole; thence continuing along the southern right of way line of East High Street (S.R. 0641) South 78 degrees, 34 minutes, 50 seconds East, a distance of 279.06 feet to a mag nail set at the northwest comer of Lot No. 2 as shown on the aforementioned Final Subdivision Plan; thence along Lot No. 2 the following six (6) courses: (1) South 11 degrees, 25 minutes, 32 seconds West, a distance of 30.01 feet to a set mag nail; (2) South 63 degrees, 35 minutes, 27 seconds East, a distance of 54.91 feet to a set mag nail; (3) South 38 degrees, 11 minutes, 09 seconds West, a distance of 383.24 feet to a set mag nail; (4) South 51 degrees, 48 minutes, 51 seconds East, a distance of 49.43 feet to a set mag ~ail; (5) South 19 degrees, 36 minutes, 04 seconds East, a distance of 53.67 feet to a set mag nail; (6) South 38 degrees, 11 minutes, 09 seconds West, a distance of 379.48 feet to a set mag hall on the northern right of way line of York Road (S.R. 0074); thence along the northern right of way line of York Road (S.R. 0074), North 51 degrees, 47 minutes, 10 seconds West, a distance of 404.28 feet to an existing drill hole; thence continuing along the same, North 51 degrees, 45 minutes, 00 seconds West, a distance of 777.21 feet to a set drill hole at the southwest corner of lands now or formerly of Kenmar Enterprises; thence along lands now or formerly of Kenmar Enterprises, North 25 degrees, 34 minutes, 47 seconds East, a distance of 274.37 feet to an existing iron pin on the southern right of way line of East High Street (S.1L 0641), the POINT OF BEGINNING. Said tract o f land subject to all rights, rights-o f-way, and easements o f record. Containing 15.200 acres and being shown as Lot No. 1 on the aforementioned Final Subdivision Plan for Carlisle Plaza Mall.