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the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed <br />to the City by certified mail in care of the City Administrator at the following address: Lake Elmo <br />City Hall, 3880 Laverne Avenue N. Lake Elmo, Minnesota 55042. <br />41. EVIDENCE OF TITLE. The Developer shall furnish the City with evidence of fee <br />ownership of the property being platted by way of a title insurance policy dated not earlier than <br />thirty (30) days prior to the execution of the plat. <br />42. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws, <br />ordinances, regulations, and directives of the state of Minnesota and the City applicable to the <br />Subdivision. This Agreement shall be construed according to the laws of the Minnesota. <br />43. SEVERABILITY. In the event that any provision of this Agreement shall be held <br />invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall <br />pertain only to such section and shall not invalidate or render unenforceable any other provision <br />of this Agreement. <br />44. NON-WAIVER. Each right, power, or remedy conferred upon the City by this <br />Agreement is cumulative and in addition to every other right, power or remedy, express or <br />implied, now or hereafter arising, or available to the City at law or in equity, or under any other <br />agreement. Each and every right, power, and remedy herein set forth or otherwise so existing <br />may be exercised from time to lime as often and in such order as may be deemed expedient by <br />the City and shall not be a waiver of the right to exercise at any lime thereafter any other right, <br />power, or remedy. If either party waives in writing any default or nonperformance by the other <br />party, such waiver shall be deemed to apply only to such event and shall not waive any other <br />prior or subsequent default. <br />45. COUNTERPARTS. This Agreement may be executed simultaneously in any number <br />of counterparts, each of which shall be an original and shall constitute one and the same <br />Agreement. <br />30