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Home My WebLink About06-7317 ',-' .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICSBURG MEDICAL PARTNERS, LP, an Indiana limited Partnership, Plaintiff, vs. CIVIL DIVISION 0(, - I~ 17 M....b No. Issue No. LAUTH CONSTRUCTION, LLC, an Indiana NO LIEN AGREEMENT limited liability company Defendant, and LAUTH CONSTRUCTION, LLC, an Indiana limited liability company, Defendant, vs. MECHANICSBURG MEDICAL PARTNERS, LP, an Indiana limited Partnership, Plaintiff. Work: Construction of a medical building located in the Pinnacle Health Medical Office Building project on an approximately 2.5 acre site, which property is in the Cumberland Technology Park, Hampden Township, Cumberland County, Pennsylvania Municipality: Hampden Township, Cumberland County, Pennsylvania Code: Filed on Behalf of: Lauth Contruction, LLC, Defendant Counsel of Record for this Party: Matthew D. Whitworth, Esquire Pa. J.D. #76684 Jason M. Yarbrough, Esquire Pa. J.D. #93160 MEYER, UNKOVIC & SCOTI LLP Firm #199 1300 Oliver Building Pittsburgh, PA 15222 (412) 456-2800 .f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANICSBURG MEDICAL PARTNERS, LP, CIVIL DIVISION No. Plaintiff, vs. Issue No. LAUTH CONSTRUCTION, LLC, Defendant, and LAUTH CONSTRUCTION, LLC, Defendant, vs. MECHANICSBURG MEDICAL PARTNERS, LP, Plaintiff. TO: PROTHONOTARY Kindly file the attached NO LIEN AGREEMENT and index same in the name of MECHANICSBURG MEDICAL PARTNERS, LP, an Indiana limited Partnership, Plaintiff, vs. LAUTH CONSTRUCTION, LLC, an Indiana limited liability company, Defendant, and LAUTH CONSTRUCTION, LLC, an Indiana limited liability company, Defendant vs. MECHANICSBURG MEDICAL PARTNERS, LP, a an Indiana limited Partnership, Plaintiff. Respectfully submitted, MEYER, UNKOVIC & SCOTT LLP Attorneys for Defendant, Lauth Construction, LLC NO LIEN AGREEMENT THIS NO LIEN AGREEMENT (hereinafter referred to as this "Agreement"), made as of this 29th day of November, 2006, by Lauth Construction, LLC an Indiana limited liability company ("Contractor") to and for the benefit of Mechanicsburg Medical Partners, LP, an Indiana limited Partnership, ("Owner") and its successors and assigns. WITNESSETH: WHEREAS, Owner and Contractor have entered into a written contract dated as of November 29, 2006 (such contract, as the same may be amended or supplemented by change orders or otherwise is hereinafter referred to as the "Contract"), whereby Contractor agreed to furnish all material and perform all work required in the Contract in connection with construction of a medical office building, which work shall be performed by Contractor on that certain parcel of property and the improvements thereon erected regarding the Pinnacle Health Medical Office Building project on an approximately 2.5 acre site, which property is situate in Hampden Township, Cumberland County, Pennsylvania (the "Property"); and WHEREAS, by the terms of the Contract, Contractor (i) covenanted, promised and agreed that no mechanics' lien or claims would be entered and fIled against the Property or any part thereof or any building erected thereon, either by Contractor or any other party for work, labor or materials supplied under the Contract or any subcontract thereunder, or in the performance of any contract or extra work supplemental thereto; and (ii) waived all right of Contractor and of any subcontractors and materialmen to file such mechanics' liens or claims against the Property; and WHEREAS, Contractor acknowledges and agrees that all waivers and other provisions of this Agreement shall also apply to any contract which may now or hereafter exist with Owner relating to the performance of the work or the provision of any materials under the Contract or any subcontract thereunder, including any extra work or materials supplemental thereto; and WHEREAS, Contractor further acknowledges and agrees that all waivers and other provisions of this Agreement shall run with the land and be for the benefit of Owner and Owner's agent. NOW THEREFORE, in consideration of the Contract and the mutual covenants thereunder, as well as the further consideration of One Dollar ($1.00) paid to Contractor at or before the execution and delivery of this Agreement, and other valuable consideration, the receipt of which is hereby acknowledged, and intending to be legally bound, the parties hereto covenant, promise and agree as follows: / 1. The preambles recited above are incorporated as if set forth at length. The word "Property" includes all or any portion of the real estate described above, the interest of Owner and/or any successor, assignee or tenant of Owner therein and the interest of Owner's agent and/or any successor, assignee or tenant of Owner's agent therein. 2. Neither Contractor nor any subcontractor, materialman, laborer or any other party acting through or under any of them shall fIle or maintain a mechanics' lien or claim or other lien or claim of any kind whatsoever against the Property or any building, structure or improvement erected thereon for work, labor or materials fur- nished under the Contract or any subcontract thereunder, or in the performance of any contract or extra work supplemental thereto. 3. Contractor, for itself and for any subcontractors, materialmen or laborers claiming for themselves, or by, through or under the Contract, hereby waives, relinquishes and forfeits all right of Contractor and any such subcontractors, materialmen or laborers to file a mechanics' lien or claim or other lien or claim against the Property or the building erected thereon for work, labor or materials furnished under the Contract or any subcontract thereunder, or in the performance of any contract or extra work supplemental thereto. 4. Contractor shall be exclusively responsible and liable to all subcontractors, materialmen, and laborers under all subcontracts, and for all work, labor and materials furnished in connection with the Contract, so that there shall be no lien or claim of any kind whatsoever against Owner and/ or Owner's agent for any work, labor or materials furnished under the Contract or any subcontract thereunder, or in the performance of any contract or extra work supplemental thereto. 5. This Agreement shall be an independent covenant and shall be operative, effective and binding with respect to work done and materials furnished under any contract for extra work supplemental to the work and labor done and materials furnished under the Contract or any subcontract thereunder, or in the performance of any contract or extra work supplemental thereto. 6. Contractor hereby agrees that any subcontract or agreement between Contractor and any subcontractor or materialman for work or materials m connection with the Contract shall incorporate this Agreement by reference. 7. All subcontractors are hereby on notice that the waivers and other provisions of this Agreement shall apply to the Contract, including any amendments and supplements thereto, whether by change orders or otherwise, and irrespective of whether any such amendments or supplements change any of the terms of the Contract relating to payment, contract price, scope of work or any other matter whatsoever, and whether or not any such changes are currently contemplated. 8. If at any time there shall be evidence of any lien or claim for which, if established, Owner might become liable, and which may, in any event be chargeable -2- to Contractor, Contractor hereby grants to both Owner and Owner's agent the right to retain out of any payment due to Contractor under the Contract, an amount sufficient to completely indemnify both Owner and Owner's against such lien or claim, including the expense of discharging or otheIWise disposing of any such lien and attorneys' fees in connection therewith. In the event that any such liens exist after Owner has made all payments due under the Contract, Contractor hereby agrees to repay to Owner all sums which Owner may be compelled to pay in the discharge or satisfaction of such lien or claim. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CONTRACTOR: WITNESS/ArrEST: Lauth Construction, LLC, an Indiana limited liability company By:~ Name: Frank X. Eppink Title: Senior Vice President, Construction Operations ~()()~~ [SEAL] OWNER: WITNESS/ AITEST: Mechanicsburg Medical Partners, LP, an Indiana limited partnership By: Mechani urg Medical Holdings, LLC, ne Partner ~~~ [SEAL] By: Name: Title: Gregory C. Gurnik A Member -3- 'l. ~ ....... ~ 7't'- ~ ~ It: C) ....... 0- - ~ VII ~ ..J ~ ,..., 0 C"\ ~ C"" ~ ..J " ~ -..: ~ .. f;: > f .... " .. k' . ~ ) , n c:-: ~-"" I'"J~~ (-F: j 'r i "-> c:~::> C..::J: 0'""\ o Pl CJ r'''\) 1.1;:) ~. ::i: (:") Cil