HomeMy WebLinkAbout05-4494
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
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NO-LIEN AGREEMENT
CARLISLE REALTY PARTNE'H.P.
Owner.
Filed on behalf of
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
NO-LIEN AGREEMENT
THIS NO-LIEN AGREEMENT, made and entered into the 1.4111 day of
AMwr , 2005, by and between /1..D.~}I(.rm It. A~ (hereinafter
designated as "Contractor"), and CARLISLE REALTY PARTNERS, L.P., a Pennsylvania
Corporation having a place of business at 105 Bradford Road, Suite 310, P.O. Box 1198,
Wexford, Pennsylvania, 15090 (hereinafter sometimes called "Owner").
WITNESSETH:
That by a certain construction contract entered into by the Contractor and the
Owner dated as of August 24, 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 ONE 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 and 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,
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 furnished 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:
By: ~~,;j
Name: tlZOn/J -:5ml#L
Title: ~c.rr:.-klry
[CONTRACTOR]
~ JeSEALJ
Name: ~iC.~ \). S^"cn"
Title: OcPRle'?--
ATTEST:
By:
Name:
Title:
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By: Carlisle Realty Partners, L.P.
a PA Limited Partnership
By: Michael Joseph Acquisition
Corporation. Its General Partner
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF
On this the?{1 day of ~;J:!5' before me, a Notary Public, the
undersigned officer, personally appeared ......... Al./. -XJhJ,;I/..J , who acknowledged
hi7l}:?f:;t}~the ~~ of
<jt.- {)/1. (the "Contractor"), and that he/she, in such
capacity, being authorized to do so, executed the foregoing instrument for the purposes therein
contained by signing on behalf of said Contractor.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
IlEMSE E. fMIPr
My Commission Expir~ll: ~1IDlI9"'~~._
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COMMONWEAL TH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
On this, the 23rd day of August, 2005, before me, a Notary Public, the undersigned officer,
personally appeared Guy J. DiRienzo, who acknowledged himself to be the Vice President of
Michael Joseph Acquisition Corporation, and that he is authorized to do so, executed the
foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunt set my hand and official seal.
My Commission Expires:
NofaJiaI Seai
Kelly Jo KoKoruda, NoIaIy Public
PlneTwp.,~ County
My CommissioO ExJires June 18, 2006
Member, Pennsylvania Assor-,..,," Of NoIaries
EXHIBIT A
DESCRIPTION OF PROPERTY
LEGAL DESCRIPTION OF SHOPPING CENTER
LOT 1
ALL that certain tract of land situate in the Second Ward of the Borough of Carlisle, Cumberland
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 Volume 87, Page
60 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 corner 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 corner 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 nail; (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 nail on
the northern right of way line of York Road (SR. 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 (SR. 0641), the POINT OF BEGINNING.
Said tract of land subject to all rights, rights-of-way, and easements of record.
Containing 15.200 acres and being shown as Lot NO.1 on the aforementioned Final Subdivision
Plan for Carlisie Plaza Mall.
LOT 3
ALL that certain tract of land situate in the Second Ward of the Borough of Carlisle, Cumberland 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 Volume 87, Page 60 at the
Office of the Recorder of Deeds, Cumberland County Courthouse, Carlisle, Pennsylvania.
BEGINNING at a set drill hole on the southern right of way line of East High Street (SR. 0641) at the
northeast corner of Lot No.2 as shown on the aforementioned Final Subdivision Plan; thence along the
southern right of way line of East High Street (SR. 0641) South 78 degrees, 34 minutes, 50 seconds East,
a distance of 245.66 feet to an existing drill hole at the northwest corner of lands now or formerly of
Ronald L. Adams; thence along lands now or formerly of Ronald L. Adams South 12 degrees, 31 minutes,
03 seconds West, a distance of 125.08 feet to a set iron pin on line of lands now or formeriy of Ronald L.
Adams and at the northeast corner of Lot NO.2; thence along Lot No.2 the fOllowing five (5) courses: (1)
North 78 degrees, 22 minutes, 55 seconds West, a distance of 204.48 feet to a set drill hole; (2) North 66
degrees, 22 minutes, 24 seconds West, a distance of 26.79 feet to a set iron pin; (3) North 40 degrees, 59
minutes, 32 seconds West, a distance of 27.32 feet to a set iron pin; (4) North 12 degrees, 31 minutes, 03
seconds East, a distance of 79.77 feet to a set drill hole; (5) North 30 degrees, 05 minutes, 01 seconds
East, a distance of 23.50 feet to a set drill hole on the southern right of way line of East High Street (S.R.
0641), the POINT OF BEGINNING.
Said tract of land subject to all rights, rights-of-way, and easements of record.
Containing 0.712 acres and being shown as Lot No.3 on the aforementioned Final Subdivision Plan for
Carlisle Piaza Mall.
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