1e. Approval of Halla Settlement Agreement02.04.97 16:17 $612 405 9845 CAMPBELL KNUTSON
CAMPBELL, .KN(.]TSON, SCOTT & FUCHS, P.A.
A LOrLICyS at Law
hom:iC J. C:amphell (612) 452 -5000
Ro(wrN. tcl+lllsll+t Fax (612) 452.5550
Thamus M Scorn
(;a +y f ;. Purhe
lames R. Walston
Elliott 13. Knctrch
Suci, n Le:+ P: +cr. February 4, 1997
CHANHASSEN CITY COUNCIL
Nancy K. Mancino, Mayor
Steven Berquist, Councilmember
Mark Engel, Councilmember
Mike Mason, Councilmember
Mark Senn, Councilmember
RE: Haila Nursery, Inc.
Dear Mayor and Councilmembers:
A. STIPULATION FOR ENTRY OF JUDGMENT.
r I
Arldrr;4 Marhrwull Puel]let
Mocrhew K, Rrnkl*
john F. Kelly
Marguerite M. McCarron
Ocorgc T. Stephenson
'Al., lirnrv,I m Wmxn,mn
Action by City Adm1ft1iPlae
Endorser
Moditia+r
Rejectarl
Datn
Date Submitted to Commisslot7
Date :ed to Council
- -,. ;2 -10-77
The proposed Stipulation which the Council approved at the meeting of January 27,
1997 has been accepted by Halla, with the following changes:
1. Allowed Retail Sales. Section 3.C. is amended by inserting the words
"Shade House," between the words Greenhouses, and office. This change is due to an
oversight; it should have been included all along.
2, S igmge. Section 6.A.3. was amended Lo allow sign content as approved
by Staff issued sign permit. The sign permit has been applied for and issued, contingent
upon the Council approving the Stipulation. (The drawings of the signs are attached.)
3. Public Address Svstem.. Section 9 is amended to read as follows:
Tenant may retain the existing public address system., provided that Tenant shall
permanently remove and disconnect all speakers or other sound amplification
devices located outside of a building by February 15, 1997. The public address
system or other sound amplification devices shall be operated so that it may not
be beard by the human car at the setback line of any property not leased or owned
by Tenant.
Smic:.31 7 e Eagandale Office C;C111 -Cr • 1380 C'.orpontl.e Centcr Curvc • Eagan, MN 55121
02.0! 97 16:17 0612 405 9845 CAMPBELL KNUTSON 2004
Chanhassen City Council
February 4, 1997
Page 2
The intent expressed at the January 27, 1997 meeting was that the public address system
should not bother the neighbors. This provision will protect the neighbors.
B. SIM PLAN (Exhibit A).
The Site flan approved by the Council at the January 27, 1997 meeting has been
changed as directed by the Council as follows:
1. Buildine Dimensions. All building dimensions are included on the Site
Plan.
2. Future Greenhouses. The future greenhouses have been relocated to comply
with the 20 foot setback from all other buildings.
The Site Plan also contains additional changes as follows:
3. Directional or Safetv Sienage. T3 has bccn changed by adding '1'3a_, T3b.,
T3c. and Tad. to specify the type, location and size of each sign.
4. Landscape Yard (LY). Two small additional areas have been designated
LY, adjacent to the Office building, where bobcats are stored. All LY areas must be
screened from public streets and adjacent property.
S. Paola A future pergola has been added between future greenhouse E1
and the Garden Center.
b_ Covered Walkway. A future covered pedestrian walkway has bccn added
between future greenhouses E1 and the Garden Center. The covered walkway must
comply with the UBC__
7. Future Greenhouses. The 20 foot setback requirement resulted in a
reduction of the total square footage of the future greenhouses the Council approved on
January 27, 1997. As a result, the Site Plan has been changed to show the smaller
greenhouses which meet the setback requirement (Ei and E3), and also to show a new
future greenhouse (E2). Greenhouse E2 is located entirely within the footprint of the
Shade House, thereby reducing the size of the Shade House by an equal amount. The
ii2 (j4 97 16:18 V612 405 9845 CAMPBELL KINUTSON
Chanhassen City Council
February 4, 1997
Page 3
i
total square footage of future greenhouses E1, E2 and E3 is approximately the same as
the total square footage of the future greenhouses as approved by the Council on
January 27, 1997.
Please contact me or Roger Knutson if you have any questions prior to the meeting
on February 10, 1997.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
BY: qj_ �t�""`
Elliott B. kurts&
EBK: slc
Enclosures
cc: ]Ion Ashworth
Kate Aanenson
Steve Kirchman
Mark Halla
(Enclosures)
02.(14 16:19 %P612 405 9845
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STATE OF MINNESOTA
COUNTY OF CARVER
City of Chanhassen,
Plaintiff,
vs.
Halla Nursery, Inc., a
Minnesota corporation,
Defendant.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: 10 /Other Civil
Court File No. C8 -94 -851
STIPULATION FOR ENTRY
OF JUDGMENT
STIPULATION, made this 10th day of February, 1997, by, between, and among the
CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City "), and HALLA
NURSERY, INC., a Minnesota corporation, ( "Tenant ").
RECITALS
WHEREAS, Tenant leases the following described property ( "Subject Property ")
located at 10,000 Great Plains Boulevard in the City of Chanhassen, Carver County, State of
Minnesota consisting of approximately 12 acres now devoted to retail nursery, garden center,
and contractor's yard and legally described as follows, to -wit:
Lot 10, Block 1, Halla Great Plains Addition, according to the
recorded plat thereof, Carver County, Minnesota.
The Subject Property is zoned A -2, Agricultural Estate District.
WHEREAS, in early 1994, Tenant constructed a new retail sales building ( "Garden
Center ") of approximately 5,000 square feet on the Subject Property, and no building permit
31155.12 Chanhassen /Naha Nursery, Inc.
r02/03/97
was obtained. Tenant has since used the Garden Center for retail sale of goods to the
general public.
WHEREAS, in May 1994, the City inspected the Garden Center. The City Building
Official found that the Garden Center did not comply with the Uniform Building Code
( "UBC ") requirements for a B -2 occupancy.
WHEREAS, on June 1, 1994, the City initiated a civil lawsuit against Tenant seeking
to permanently enjoin Tenant's operation of a retail commercial business from the Garden
Center unless a Building Permit was obtained, the necessary requirements for a B -2
occupancy were satisfied and a certificate of occupancy issued.
WHEREAS, Tenant has obtained a Building Permit and has complied with the March
20, 1995 Letter of Understanding and completed all requirements for a B -2 occupancy for
the Garden Center, with a fire alarm monitoring system in lieu of a sprinkler system. The
City must still conduct a final inspection and issue a Certificate of Occupancy, if appropriate.
WHEREAS, on July 15, 1994, Tenant filed an Answer and Counterclaim to the
City's Complaint.
WHEREAS, the Tenant and City want to provide for the long term land use of the
Subject Property.
WHEREAS, the City is desirous of exercising its zoning and police powers for the
public good.
WHEREAS, the parties desire to amicably resolve and settle their differences and to
avoid the cost of further litigation.
NOW, THEREFORE, the parties stipulate as follows:
31155.12 Chanhassen /Halla Nursery, Inc.
r02/03/97 -2
1. APPROVAL. Except as otherwise provided herein, the Subject Property shall
be subject to the requirements of the City's Zoning Ordinance, as may be amended from
time to time. Except as allowed by the Zoning Ordinance, no permitted, conditional, or
interim uses are allowed, however, except for the following uses at the locations identified
on the Site Plan, Exhibit "A ", unless the use is approved in advance by the City Council.
A.
Office, Garage, Sales Building
K.
B.
Garden Center
L.
C.
Existing Green Houses
M
D.
Shade House
N.
E.
Future Green Houses
O.
F.
Storage Building
P.
G.
Play Area /Gazebo
Q.
H.
Truck/Storage Building
R.
I.
Potting /Storage Building
J.
Pump House
S.
T.
U.
LY
V.
Storage In Bins
Peacock Barn
Game Barn
Bridge
Future Storage Bins
or Product on Pallets
Parking
Outdoor Display of Materials
Storage, Growing and Outdoor
Display of Plant Materials, or
Temporary Storage of Supplies on
Pallets or Wheels, excluding
trailers longer than 16 feet
Permitted Signage
Directional or Safety Signage
(T1 - T18)
Future Pergola
Landscape Yard
Pond Easement Area.
These designated buildings and uses may continue in compliance with this Stipulation unless
such buildings or uses have become a public nuisance as determined by a court of competent
jurisdiction.
2. PLAN APPROVAL. The City hereby approves the Site Plan dated January
27, 1997, prepared by Tenant and attached hereto as Exhibit "A ". The use of the Subject
Property shall be in accordance with Exhibit "A" and Exhibit "B ". If the Site Plan varies
from the written terms of this Stipulation, the written terms shall control.
31155.12 Chanhassen /Naha Nursery, Inc.
r02/03/97 -3-
3. GARDEN CENTER. The Garden Center identified as Building B on Exhibit
"A" may not be enlarged beyond its current footprint, nor may a basement or second story
be added, unless approved in advance by the City Council.
A. Retail Sales - Defined. Retail sales means sales to the general public of the
products listed on the attached Exhibit "B ". (Permitted Products).
B. Retail Sales Prohibited. All retail sales are strictly prohibited, except as
expressly allowed pursuant to this Stipulation and Exhibit "B ".
C. Allowed Retail Sales. The general public may enter and use the Garden
Center, Greenhouses, Shade House, Office and the outdoor areas shown as K, O, Q and R
for the purpose of viewing, selecting and purchasing Permitted Products. All cash register
checkout activity must take place inside the Garden Center.
D. Expansion of Retail Sales. The buildings and outdoor areas where retail sales
are permitted may not be expanded or relocated on the Subject Property, Exhibit "A ",
without the prior written approval of the City.
E. Expansion of List of Permitted Products. The list of Permitted Products
may not be expanded without the prior written consent of the City. The list of Permitted
Products may not be expanded without the prior written consent of the City, to include
power tools which are not hand held, farm implements, motor vehicles, snow plows or snow
plow blades, or recreational vehicles or non - handheld equipment of any kind.
F. Inspection. The City may inspect those portions of the Subject Property and
buildings which are open to the general public, without advance notice to the Tenant, during
the business hours when those portions of the Subject Property and the buildings are open to
31155.12 Chanhassen /Malta Nursery, Inc.
r02/03/97 -4-
the general public. The City agrees to conduct the inspections in a reasonable manner, and
without any undue disruption to Tenant's use of the Subject Property,
4. NURSERY.
A. Nursery Stock and Nursery Equipment - Defined. Nursery stock means
flowers, shrubs, plants and trees. Nursery equipment means equipment owned or leased by
Tenant used for growing, storage, digging, installation or display of nursery stock.
B. Indoors. The buildings on the Site Plan identified as C, D, E, F, H, I, L and
M may be used for growing, storage and display of nursery stock, nursery supplies, Garden
Center supplies, and nursery equipment.
C. Outdoors. The outdoor area identified as R may be used only for storage,
growing and outdoor display of plant materials, or supplies on pallets or wheels.
D. Expansion of Nursery. The buildings and outdoor areas where nursery
activities are permitted may not be expanded or relocated on the Subject Property, Exhibit
"A" without the prior written approval of the City Council.
5. LANDSCAPE YARD.
A. Defined. Landscape Yard means an area or use of land where vehicles,
equipment and materials commonly uses by nurseries and landscaping contractors are stored
or serviced.
B. Approval. The outdoor areas identified on the Site Plan as LY = Landscape
Yard may be used for a Landscape Yard.
C. Screening. The outdoor areas identified as LY on the Site Plan must be
screened, fenced or landscaped to provide effective screening of all vehicles, materials and
equipment from public streets and any property not leased or owned by Tenant. The
31155.12 Chanhassen /Halla Nursery, Inc.
r02/03/97 -5-
screening must meet the requirements of City Code Section 20 -1180, with the exception that
required screening may be located on adjacent property with the written consent of the owner
of the adjacent property.
D. Buildings. The buildings identified as A, F, H, I and J may be used for
storage of vehicles, equipment and materials used in conjunction with the Landscape Yard.
E. Expansion of Landscape Yard. The buildings and outdoor areas where
Landscape Yard activities are permitted may not be expanded or relocated without the prior
written approval of the City Council.
6. SIGNAGE.
A. Permitted Signage. The following signs are allowed:
Existing sign on the roof of the Garden Center.
2. Existing sign at the entrance to the Subject Property from Highway
101, or an updated pylon sign of the same height and square footage.
3. One off premises directional sign may be placed in the southeast
quadrant of the intersection of Highway 101 and Pioneer on Lot 2,
Block 1, Halla Great Plains Addition. The sign content shall be as
approved by City Staff in the sign permit. The sign may not exceed
eight (8) feet in height and seventy -two (72) square feet in size per sign
face. The sign may have two sides back -to -back or "V" shaped. The
sign shall not be lit. Before erecting the sign, a sign permit must be
obtained from the City. The sign must be removed when the lot on
which it is located is sold.
4. Plant identification signs not to exceed two (2) square feet each.
B. Directional /Safety Signage. On -site directional and safety signage as shown
on the Site Plan. Additional on -site directional and safety signage may be allowed provided
that it is approved by City Staff.
31155.12
Chanhassen /Halta Nursery, Inc.
r02/03/97 -6-
C. Prohibited Signage. All signs are strictly prohibited, except as expressly
allowed pursuant to paragraphs 6A and 6B of this Stipulation, or pursuant to a sign permit
issued by the City.
7. PARKING.
A. Minimum Number of Stalls. The areas identified as P on the Site Plan are at
least the minimum required parking stalls, which shall not be devoted to any other use.
B. Handicapped Parking and Fire Lanes. The handicapped parking stalls and
fire lanes as shown on the Site Plan must be designated and marked as required by State law
and City ordinances.
8. FENCE /SCREENING /BERMING.
A. Future Fence. Tenant will obtain a fence permit from the City prior to
installing the future fence as shown on the Site Plan.
B. Installation Date. The future fence, screening or berming must be installed
within thirty (30) days after a certificate of occupancy is issued to any residential lot which
abuts the Subject Property. Tenant shall be granted a reasonable extension of this time limit
if necessary due to weather or ground conditions. The screening must meet the requirements
of City Code Section 20 -1180, with the exception that required screening may be located on
adjacent property with the written consent of the owner of the adjacent property.
9. PUBLIC ADDRESS SYSTEM. Tenant may retain the existing public
address system, provided that Tenant shall permanently remove and disconnect all speakers
or other sound amplification devices located outside of a building by February 15, 1997.
The public address system or other sound amplification devices shall be operated so that it
31155.12 Chanhassen /Halla Nursery, Inc.
r02/03/97 -7-
may not be heard by the human ear at the setback line of any property not leased or owned
by Tenant.
10. ENTRY OF ORDER FOR JUDGMENT AND JUDGMENT. Upon
execution of this Stipulation, the parties agree to submit the Order, attached hereto as Exhibit
"C ", to the Court. The parties hereby stipulate to entry of said Order by ex -parte motion of
either party.
11. SEVERABILITY. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this Stipulation is for any reason held invalid, such decision shall not
affect the validity of the remaining portion of this Stipulation.
12. WAIVERS /AMENDMENTS. The action or inaction of the City shall not
constitute a waiver or amendment to the provisions of this Stipulation. To be binding,
amendments or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal action to enforce
this Stipulation shall not be a waiver or release.
13. RECORDING. This Stipulation shall run with the land and may be recorded
against the title to the Subject Property.
14. NOTICES. Required notices to the Tenant shall be in writing, and shall be
either hand delivered to the Tenant, its manager, or mailed to the Tenant by registered mail
at the following address: 10,000 Great Plains Boulevard, Chaska, MN 55318, with a copy
mailed to Don Halla at 6601 Mohawk Trail, Edina, MN 55439, and to Mark Halla at 770
Creekwood, Chaska, MN 55318. Notices to the City shall be in writing and addressed to
the City Manager and shall be either hand delivered to the City Manager of the office staff,
31155.12 Chanhassen /Naha Nursery, Inc.
r02/03/97 -8-
or mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, Box 147, Chanhassen, MN 55317.
15. SUCCESSORS AND ASSIGNS. This Stipulation shall be binding upon the
parties, their successors and assigns, and subsequent purchasers of the Subject Property.
16. JURISDICTION. The District Court shall reserve and retain jurisdiction to
enforce this Stipulation and issue additional orders as it deems just and proper.
17. EQUAL PROTECTION. The City will not enforce any provision of law
against Tenant unless it is enforced on all A -2 users in accordance with the equal protection
doctrine.
18. PUBLIC INTEREST. This Stipulation shall be liberally construed to protect
the public's interest.
19. ENFORCEMENT. The prevailing party in any action or proceeding in court
to enforce or interpret the terms of this Stipulation shall be entitled to receive its reasonable
attorneys' fees and other reasonable costs and expenses from the non - prevailing party.
CITY OF CHANHASSEN
am
/
Nancy K. Mancino, Mayor
Don Ashworth, City Manager /Clerk
31155.12 Chanhassen /Halla Nursery, Inc.
r02/03/97 -9-
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 1997, by Nancy K. Mancino and by Don Ashworth, the Mayor and
City Manager /Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
Notary Public
CAMPBELL, KNUTSON, SCOTT
& FUCHS / , / P.A.
By: mot_ �.-.
E lliott B. Knet'sch
> #168130
Attorneys for Plaintiff
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(612) 452 -5000
31155.12 Chanhassen /Halla Nursery, Inc.
r02/03/97 -10-
TENANT:
HALLA NURSERY, INC.
BY:
Its
AND � ,
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF '9 -4Ko7A )
The foregoing instrument was acknowledged before me this 4- n ` day of
Fe&� u.AAC , 1997, by Do rJ E It 4c � 9 and
the F C s i b r n7 and
V i C C p�� r5 D El\ of Halla Nursery, Inc., a Minnesota corporation, on behalf of
said corporation.
Notary Public
Mr. Robert J. Bruno, It 12415
Attorney for Defendant
107 Burnsville Professional Plaza
1601 East Highway 13
Burnsville, MN 55337
(612) 890 -9171
AAA A A*Aj -^ A AAA9 AAU1.
�� RCBf.RT.� BR'JND
Y
Notary Public - Wonnesota
Dakota County
My commission Expires 11-31/2000
V v
31155.12 Chanhassen /HaLLa Nursery, Inc.
r02/03/97 -11-
FEE OWNER CONSENT
TO
STIPULATION FOR ENTRY OF JUDGMENT
DONALD E. HALLA and SANDRA J. CWAYNA HALLA, husband and wife, fee
owners of the Subject Property more particularly described in the foregoing Stipulation, do
hereby join in, affirm, and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the Subject Property owned by them.
Dated. °j2:) I ;a *," C ""
DONALD ALLA
Q �
SANDRA J. CWAYNA H LA
STATE OF MINNESOTA )
( ss.
COUNTY OF '.P K c TA )
The foregoing instrument was acknowledged before me this C r day of
FG(3gU , 1997, by DONALD E. HALLA and -SA - NDRA J. CWAYNA HALLA,
husband and wife. AND SANDRA J. CWAYNA HALLA
NOTARY PUBLIC NOTARY PUBLIC
�— �� A+hAlehAloa'ta•��s�riJ:e.fvant +.
RDEritT J ERl1N0
Notary' Public Minnesota
■ ., Dakoia County
ANN M WALDSCHMOT . "h 00
NOTARY PUBLIC N-INNEECTA , MYCominiss +or•upily.'4VV'CI0'Cz
!
HENNEPIN COUNTY �V
' My Comm. Expim Jan. 31. 2000
31155.12 Chanhassen /Halla Nursery, Inc.
r02/03/97 -12-
EXBIBIT "B" - PERMITTED PRODUCTS
PRODUCTS FOR THE INSTALLATION, SALES, CARE, MAINTENANCE AND
ORNAMENTATION OF PLANTS, LAWNS, ANIMALS AND OTHER LANDSCAPE
FEATURES 1.2.3.4
FERTILIZERS''
PATIO PRODUCTS '•'
HERBICIDES'
ORNAMENTAL ITEMS ' 2
FUNGICIDES'
WATER PRODUCTS' 2
BIRD SUPPLIES'
BULK SOILS 2
BIRD FEEDERS 1 ' 4
BAGGED MULCHES ' 2
BIRD HOUSES ''
BULK MULCHES'
BIRD BATHS 1.2,4
BAGGED SOIL''
WEED BARRIER FABRIC AND PINS 1.2
SITE FURNITURE 1 . 2
POWER AND HAND TOOLS'
CONSULTATIONS'-"
SEEDS'
GAUGES'
SPREADERS'
vixrm'
WATERING EQUIPMENT'''
POLY'
INFORMATIONAL TEXT'
CLOTH AND NETTING'
PONDS''''''`
PLANT SUPPORTS''
STATUARY'-'
FOUNTAINS ''
FENCING'"
FISH AND WATER PLANS'-'
TRELLISES ' - 2- ' , "
STRAW/MARSH HAY
GAZEBOS '• 2 •'
LABELS'
LIGHTING'''
BIRDS'-'
CHRISTMAS TREES & ACCESSORIES'•
LANDSCAPE DESIGNS
BULBS'
LABOR'
CLOTHING'
MAINTENANCE''
PESTICIDES
SNOW PLOWING 23
CHIMES 1'2,4
INSTALLATIONS'''
POTTERY ""
CONSTRUCTION 2.1
ANIMAL REPELLENTS'
RECONSTRUCTION'''
SOD 2
REMOVAL 2,3
WOOD TIES 2
DELIVERY "'•'
TOOL AND EQUIPMENT RENTAL 1.2,1
BOULDERS'
SOIL AMENDMENTS "2j
SAND'
TREE, SHRUB & PLANT MATERIAL 1.2.1.4
EDGING 1.2
INSURANCE/DAMAGE EVALUATIONS'''
STRUCTURES'''
GIFT CERTIFICATES "'
OUTDOOR LIVING ACCESSORIES
GAMEJFARM ANIMALS & SUPPLIES'''''
PLAYGROUND EQUIPMENT 1,2
RETAINING WALL PRODUCTS'
DRAIN TILE & ACCESSORIES'-'
MISCELLANEOUS ITEMS, PLANTS OR MATERIALS FOR THE AESTHETIC, PRAC-
TICAL, IMPROVEMENT, OR USE OF INDOOR AND OUTDOOR LIVING SPACES 1,2.1,4
------------- -- -- -------------I----------------------
1 Indoor sales from the Garden Center
2 Outdoor sales
' Indoor sales from the Office
` Sales from the Greenhouses identified as Buildings C & E on Exhibit A.
EXHIBIT "C"
STATE OF MINNESOTA
COUNTY OF CARVER
City of Chanhassen,
Plaintiff,
VS.
Halla Nursery, Inc., a
Minnesota corporation,
Defendant.
ORDER FOR JUDGMENT
DISTRICT COURT
FIRST JUDICIAL DISTRICT
CASE TYPE: 10 /Other Civil
Court File No. C8 -94 -851
ORDER FOR JUDGMENT
AND JUDGMENT
Based upon the Stipulation for Entry of Judgment, and upon all the files, records and
proceedings herein, IT IS HEREBY ORDERED:
1. The City of Chanhassen, Halla Nursery, Inc. and the Subject Property are
each subject to and bound by the terms of the Stipulation for Entry of Judgment, which is
incorporated herein by reference.
2. Defendant Halla Nursery, Inc. is hereby permanently enjoined from using the
Subject Property in violation of the Stipulation for Entry of Judgment. Defendant's violation
of any obligation under the Stipulation will constitute immediate and irreparable damage to
the Plaintiff not compensable in money damages and entitles the Plaintiff to preliminary and
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permanent injunctive and equitable relief to cure the violation upon application to the District
Court.
3. Plaintiff's violation of any obligation under the Stipulation will constitute
immediate and irreparable damage to the Defendant not compensable in money damages and
entitles the Defendant to preliminary and permanent injunctive and equitable relief to cure the
violation upon application to the District Court.
4. Defendant Halla Nursery, Inc.'s Counterclaim is hereby dismissed in its
entirety with prejudice.
5. The Court shall reserve and retain jurisdiction to enforce the Stipulation for
Entry of Judgment, and issue additional orders as it deems just and proper.
THERE BEING NO JUST CAUSE FOR DELAY, LET JUDGMENT BE ENTERED
ACCORDINGLY, FORTHWITH.
Dated: , 1996.
BY THE COURT:
Judge of District Court
JUDGMENT
The above Order hereby constitutes the Judgment of this Court.
Dated: , 1996.
(Court Seal)
LE
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