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124 <br />125 <br />126 <br />127 <br />128 <br />129 <br />130 <br />131 <br />132 <br />133 <br />134 <br />135 <br />136 <br />137 <br />138 <br />139 <br />140 <br />141 <br />142 <br />143 <br />144 <br />145 <br />Attachment C <br />4. GENERAL PROVISIONS. <br />(a) Notices. Any notices to be given to the parties shall be deemed effective upon <br />actual receipt if hand delivered or upon the third day after postmark by U.S. or certified mail, <br />return receipt requested, to the address set forth below: <br />If to City: City of Roseville <br />2660 Civic Center Drive <br />Roseville, MN 55113 <br />Attn: City Manager <br />If to UPR: United Properties Residential LLC <br />3600 West American Boulevard, Suite 750 <br />Bloomington, MN 55431 <br />Attn: Alex Hall <br />Each party shall have the right from time to time and at any time upon at least fifteen (15) <br />days' prior written notice thereof in accordance with the provisions hereof to change its <br />respective address and to specify any other address; provided, however, notwithstanding <br />anything herein contained to the contrary, in order far the notice of address change to be <br />effective, it must actually be received. <br />146 (b) Encumbrances. No party shall suffer or permit anything to be done that will <br />147 cause any Lot not owned by such Owner to become encumbered by any mechanic's lien or <br />148 similar lien, charge ar claim. If any mechanic's lien ar similar charge or claim is filed against a <br />149 Lot, due to another party's alleged request for labor or materials, such party shall discharge the <br />150 same of record by a release or bond within thirty (30) days after the filing of any notice of such <br />151 lien, claim or other charge. <br />152 (c) Insurance; Indemnification. Each party shall maintain adequate commercial <br />153 general liability insurance in the amount of at least $1,000,000 per occurrence. In addition, each <br />154 Owner (the "Indemnifying Owner") shall indemnify and hold harmless the other Owner (the <br />155 "Indemnified Owner") from and against all third-party liabilities, damages, claims, costs and <br />156 other similar expenses which may be incurred by the Indemnified Owner by reason of bodily <br />157 injury or death of any person or damage to or destruction or loss of any property arising on or <br />158 from the use by the Indemnifying Owner and its occupants of the easements granted hereunder, <br />159 except where, and to the extent that, such liabilities, damages, claims, costs or other similar <br />160 expenses arise or result, in whole or in part, from the negligence or willful misconduct of the <br />161 Indemnified Owner ar its occupants. <br />162 (d) Enforcement. The terms and conditions set forth herein shall be enforceable by <br />163 the Owner of a Lot, and its successors, assigns. No other person or entity shall have any rights to <br />164 enforce any of the restrictions herein set forth. This Agreement may be enforced by legal or <br />165 equitable action including specific performance. <br />166 <br />� <br />