HomeMy WebLinkAbout01-4933Eastern Retail Holdings Limited Partnership
(Fee Owner);
Giant Food Stores, LLC (Prime Tenant);
Marshalls of MA, Inc., Owner-Plaintiff
Commonwealth Building
Contractor-Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MECHANICS' LIEN
NO. d~
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services, labor or
.materials, known as COMMONWEALTH BUILDING, a Massachussettes corporation (the "Contractor")
intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00) to it in
hand paid by MARSHALLS OF MA, INC. (the "Owner") the receipt whereof is hereby acknowledged, for
itself and any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and
agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by it, them or any of
them, against the real estate, owned by Fee Owner and leased by Prime Tenant and more fully described in
Schedule "A", attached hereto and made a part hereof, or against any buildings or other improvements thereon
(jointly and severally, the "Real Estate"), for or on account of any alterations or renovations to be done or
materials furnished under the principal contract between Owner and Contractor, dated August 20, 2001, or
under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work
to be done or material furnished under said principal contract. The undersigned, for itself, its subcontractors,
materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes
all right to file mechamcs hen, cia m or notice of intention to file any lien or claim against the Real Estate.
The undersigned, for itselfi its subcontractors, materialmen, laborers and anyone else acting under or
through it, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of
the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it, them or any of them, in any
such court and, in its or their name or names, mark satisfied of record at the cost and expense of the
undersigned, any and all claims, liens, any pleading or instrument, or any amendment to any pleading or
instrument previously filed by it or them, to incorporate therein as part of the record this waiver and for such
act or acts this waiver shall be good and sufficient warrant and authority, and the undersigned for itself, and for
them, does hereby remise, release and quit-claim all rights and all manner of errors, in filing such pleading,
instrument or amendment, or in any way concerning them.
Fee Owner, Prime Tenant and Owner shall have the absolute right in their name(s) or in the name of
the undersigned or any other entity or person who shall have filed a claim or lien, to cause any and all such
claims or liens to be discharged by any other instrument, pleading or proceeding permitted at law or in equity.
The undersigned hereby avers, represents and warrants that no work has commenced on the Real
Estate and no labor or materials have been delivered to the Real Estate or furnished for the improvement of the
Real Estate by the undersigned or by any subcontractor, materialman, laborer, or other person or entity, and
that no authorization has yet been given by the Fee Owner and Prime Tenant to the undersigned to commence
work or purchase materials in connection with the Real Estate.
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SCHEDULE A
The property is located at 6520 Carlisle Pike, Mechanicsburg, Pennsylvania, 17050, as more
fully described in the Memorandum o£Lease recorded in Cumberland Cotmty Misc. Book 420,
Page 826.
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