The URL can be used to link to this page

Home My WebLink About05-3542 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HORIZON RETAIL CONSTRUCTION, INC, Wai'~ ) ) ) ) ) ) ) ) Filed on behalf of ) Owner 0-+ Urn GDNo. t({X) s-- 35<(} /l7LD Contractor, and ) Code NCJ:.L'ENAG~T~ DUNHAM'S A THLEISURE CORPORATION Owner, To the Prothonotary: Please index this No-Lien Agreement with Owner designated as Plaintiff, Contractor designated as Defendant, and vice versa. CERTIFICATE OF LOCATION I hereby certify that the location of the real estate affected by this NO-Lien Agreement is The Point at Carlisle Plaza, Carlisle CUmberland County, Pennsylvania On behalf of Owner Wa.\\r(I ot Lens NO-LIEN AGREEMENT THIS NO-LIEN AGREEMENT, made and entered into the 7TH day of JULY, 2005, by and between HORIZON RETAIL CONSTRUCTION, INC. (hereinafter designated as "Contractor"), and DUNHAM'S ATHLEISURE CORPORATION, a Delaware Corporation having a place of business at 5000 Dixie Highway, Waterford, Michigan 48239 (hereinafter sometimes called "Owner"). WITNESSETH: That by a certain construction contract entered into by the Contractor and the Owner dated as of JUNE 27, 2005, as amended from time to time (including change orders and amendments thereto the "Contract"), the Contractor, in consideration of the covenants to be performed and payments to be made by or on account of the Owner, did covenant and agree to furnish all labor and materials and perform all work necessary to complete the jOb described in the Contract in the most substantial manner and to the satisfaction and acceptance of the Owner, such jOb being improvements on the premises forming part of the Property (as defined below). NOW, THEREFORE, the Contractor, intending to be legally bound hereby, in compliance with the Mechanic's Lien Act of August 24, 1963, P.L. 497, Section 402. as amended (the "Act"), and in consideration of the sum of uNE DOLLAR ($1.00) and the covenants and provisions in the Contract, agrees, for and on behalf of itself and all subcontractors, materialmen, laborers and parties acting for, through or under the Contractor, and all of their respective successors and assigns, that for certain real property located in the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania owned by the Owner, as more fully described in Exhibit "A" hereto, together with all buildings, structures and improvements thereon (all of the foregoing, collectively the "Property"): 1. There shall be no mechanic's lien, claim or other lien or claim of any kind whatsoever (each a "Lien") or right to file a Lien against the structures or improvements contracted for in the Contract, or any part or parts thereof, or the Property or any part or parts thereof, for work or labor done or materials furnished in the performance of the work performed pursuant to the Contract, or any part or parts thereof, or changes made therein, and the right to file any such Lien is hereby waived, 2. No Lien shall be filed, or in any way attempted to be enforced by, or on behalf of, the Contractor or any of the persons a.,d entities described above, against the Property, or any part or parts thereof or the Owner or any of their respective officers, directors, employees, administrators, successors, assigns. or lessees, other than the legal claims of the Contractor as provided in the Contract. 3, The right to file a mechanics' lien under the provisions of the Act or other Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the erection, construction or repairs of the structures and improvements on or within the Property, is hereby waived, 4. In addition to the indemnities and defenses provided in the Contract. the Contractor shall indemnify and hold harmless the Owner from any claim, liability, damage, suit, cost and expense (inclUding without limitation reasonable attorney's fees and court costs) arising, directly or indirectly, from any Lien threatened or filed by the Contractor. its subcontractors, materialmen or laborers against the Owner, the Property or the improvements on, or to be built on, the Property, 5, The Contractor agrees to notify all of its SUbcontractors, materialmen and laborers that no Lien may be filed against the Property or the improvements on, or to be built on. the Property, 6. This No-Lien Agreement shall be an independent covenant and shall operate and be effective with respect to Work done and materials furnished under any supplemental contract for extra Work in the construction and installation of improvements on the Property as well as to any Work and labor done and materials fumished in connection such construction and installation, IN WITNESS WHEREOF, the parties to this No-Lien Agreement have hereunto set their hands and seals, the day and year first Written, ATTEST: [CONTRACTOR] By: Name: Title: BY./#~ Jf pl e: It/e: (SEAL) ATTEST: By: Name: Title: By: By: .J. (J~~ Name: S,L. V. p, Title: (SEAL) i{~t.h~ 11 ~~CJJUj~'xt;fd 2 Kathryn Marie Hubbard Notary Public, Oakland County, Michigan My Commission Expires November 26, 2011 SiAiE OF WISCONSIN COUNTY OF RACINE) ACKNOWLEOGMENi ) ) ss: "" 'I;, the 7TH "" Of JUl Y _ "', , . Offl"", "-n." -"" PATR'CK CHRiSTeNSEN' 'hm" . No_" P"""', ... "'''''~ig"", 'he PREs'DENT Of HaR,,,,,, Rn Ail CONSTRUCT/a; '''*''''-.., ""-lhe~'ff', '" ""'he, m '"'" "'-" boin '~hori , 'NC. (~. 'Con",,,,",,,, ""!hot - '- -.;", b:..."",:::;"o:; :;~~ ''''""m",, "'~. 'N WITNESS WHEREOF, , ha", he,,_ "" m, My CommiSSion EXPires: ~o -/9 '-CJ cf \1\11111""""1//1 ~..l.o\ar ,o:~,\ ~ " ~.. "", (')~ ~(' .. II~'), I :: ". *.. ,~ ~ %,:..,,\.. ~ (0 " . ~ 0 . .....:0..' ~It,_ F ~" ',\\' 'Ih r, 1:'1 '-1111 :'''1/1/1/1111111 ~ ~ ~ ~ +-.l ",. ~ <:" " y\ ~ 1 Co ~ ~ ~ 9 v> :r:::= -;1<:::::; ~ --,-- \> ::..-- (J "" ~ <4- -" 't - ~ -00 (") ,...., 0 (~ r-' "'" -r' cf1 <- .-1 :!-': -n c::- rnp r-. _dcr~ - ~~:Y' u:> " (-) ~. -\ -rJ , _.,:~, :') t-j ....;~~ ~'~_) pi r::) ~~ CO ':D <.J'1 .""