HomeMy WebLinkAbout04-2160SECTION 00825 - NO-LIEN AGREEMENT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CONTRACTOR:
AND
Borough of Carlisle
53 West South Street
Carlisle, PA 17013
NO-LIEN AGREEMENT
No. O '¢'-' ,2/6o
WHEREAS, the parties hereto did on the /.,~ day of._~.~__, 2004, enter into an agreement
(hereinafter the "Contract"), therein and whereby said C6ntractor undertook and agreed to
furnish all materials, labor and equipment, etc., to complete the work for the Memorial Park
Improvements located at 149 West Penn Street, Carlisle, PA. 17013.
NOW, THEREFORE, the Contractor for itself and any and all subcontractors, materialmen and
parties acting for, through or under the Contractor or for, through or under any of them, does
covenant and agree that it will not at any time suffer or permit any mechanics' lien or any other
lien, attachment or other encumbrance, under any laws, regulations, or orders, Federal, State
or local, or otherwise by any person or persons whomsoever, to be put or remain on the
building or premises, into or upon which any work is done or labor or materials are furnished
under this Contract, for such work, labor or material, or by reason of any other claim or demand
against the Contractor, and the Contractor has not obtained absolute title; and the Contractor
agrees, further, that any mechanics' lien, materialmen's lien or any other lien, attachment or
other encumbrance or claim of a third party, however arising (whether through the Contractor's
or Owner's or any other persons action or inaction, and whether valid or invalid), until it is
removed shall preclude any and all claim or demand for any payment whatsoever under or by
virtue of the Contract, and in the event that same is not removed, the Owner at its discretion
may remove same at the expense (including legal fees) of the Contractor, and without regard to
the validity or invalidity thereof.
The Contractor expressly agrees further, that no lien shall attach to the real estate, building,
structures, or any other improvement to the Owner either on behalf of the Contractor herein or
on behalf of any subcontractor, mechanic, journeyman, laborer, materialman or person
performing improvement or premises of said Owner, or on behalf of any other person. Neither
the Contractor or any other person supplying any materials, equipment, machinery or other
property, or performing work or labor in or upon the building or the work, included in this
Memorial Park Improvements
Borough of Carlisle Parks and Recreation Department
CEDG Project No. 0402§
NO-LI~EN AGREEMENT
00825-1
Contract shall have the right to file a mechanic's lien against the building or premises.
Contractor warrants and represents that at the time of execution hereof no work of any kind has
been done and no materials of any kind have been furnished, delivered or ordered in
connection with the performance of this Contract of any supplemental contract for extra work.
This stipulation and waiver is made and intended to be filed with the Cumberland County
Prothonotary within ten (10) days after the date hereof, in accordance with the requirements of
Act of Assembly of Pennsylvania, in such case provided.
In WITNESS WHEREOF, we have hereunto set our hands and seals, intending thereby to
become legally bound this l,~ day of /~,4~, ,2004.
OWNER:
Borough of Carlisle
53 West South Street
Carlisle, PA 17013
END OF SECTION 00825
CONTRACTOR:
Memorial Park Improvements
Borough of Carlisle Parks and Recreation Department
CEDG Project No. 04026
NO-LIEN AGREEMENT
00825-2
THIS INDENTURE made the-- 26th --.day of . - SEPTEMBER · ~
in the year of our Lord one thousand nine hundred and sixty-eight, (1968)
BETWEEN PE~ C~TRAL COMP.AN~, a Corporation of the Gomanonwealth of
Pevmsylvania,
hereinafter referred to as the Grantor, and BOROUGH OF CARLISLE. a Municipal
Corporation of the Ccmmonwealth of Pennsylvania in the County of Cumberland,
having an office at 53 West South Street, Carlisle, Pennsylvania,
hereinafter referre~ to as the Grantee;
WITNESSETH: That 'the said Grantor, for and in consideration of the sum
of $10,OOO.OO
lawful money of the Unite~ States of Am.or,ca, unto it well and truly paid '~y
the said Grantee, at or before the sealxn$ and delivery of these presents,
the receipt whereof is hereby acknowledged, does by these presents grant,
bargain, sell, release, convey and confirm unto the said Grantee, the heirs
or successors and assigns o£ the said Grantee,
ALL THAT PARCEL of land, with the building and improvements thereon
erected, situate in the Borough of Carlisle, County of Cumberland and Common-
wealth of Pennsylvania, bounded and described as follows, viz:
BEGINNING at a point marked by an iron pin where the northerly line of
West Penn Street (60 feet wide) meets the easterly line of North West Street
(60 feet wide);
EXTEMDING from said beginning point the following five courses and distances:
(1) S. 76° 43' 1~' E., along said northerly line of West Penn Street, 439°36 feet
to a spike in the westerly line of land of the Borough of Carlisle; (2) N. 11°
19' E., by said last mentioned land, 221.58 feet to a point distant 19 feet south-
wardly and radially from the center line of railroad of Penn Central Ccmpany
known as the Cumberland Valley Branch; the following two courses and distances
being parallel with said center line of railroad and by remaining land of said
Penn Central Company: (3) Westwardly, on a curve to the left, having a radius
of 7796.46 feet, the arc distance of 201.84 feet to a point of tangent; (4)
S. 77° 21' 30" W., 275.43 feet to said easterly line of NorthWest Street; and
(5) S. lA° W., along the same, 18.32 feet to the place of beginning.
CONT~2NING 1.226 acres, +.
Z 22tt, 429