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Stipulation for Entry of Judgement04/15/97 14:26 $612 j " 9845 CAMELL UUrTSON STATE OF MINNESOTA COUNTY OF CARVER. City of Chanhassen, Plaintiff, vs. Halla Nursery, Inc., a Minnesota corporatIOA, D&fendant. DISTRICT C01TRT FIRST ITMICIAL T)TSTRICT CASE TYRE: Mother Civil Court File No. C8-94-851 STEFULATION FOP, IENTRY OF .TEJDG TENT STI''r ZTLAT110N, matte this 10th day of February. 1997. by, between, and arno g fhe MY OF CHAIN SEN, a Minnesota municipal corporation ("City "), and HALLA NTWERY, INC,, a Miuuesota wrporation, ("Tenant"). WHEREAS, 'Tenant leases the following descn'bed property ("Subject Property") located at 10,000 Great Plains Boulevard in the City of Chanhassen, Carver County, Stale of Minnesota conMstiag of approximately 12 ages now devoted to retail nursery, garden center, and contractor's yard and legally described as follows, to -wit: Lot 10, Block T, Halla Great Plains Addition, according to the recorded plat thereof, Carver County, Minnesota. The Subject Property is zoned A-2, Agricultural Fstatc 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 33955.72 Chanhassen/Halla Nursery, Inc. r02103197 2002 G9115197 14:27 x`612 ,, 9845 CAMPBELL MTTSON' f7jGG3 was obtained. Tenant has since used the Garden Center for retail We 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 C'UBC") requirements for a B-2 occupancy. WHEREAS, on June 1, 1994, the City initiated a civil lawsuit against Tenant seeping 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. Wil, i RE AS, Tenant has obtained a Building Permit and las complied with the March 20, 1995 better of Understanding and completed all requirements for a B-2 occupancy for the Carden Cerner, 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. Wf3EREAS, 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 Iong term land use of the Subject Property. x..��,wA', till' City i5 d�sij'olls of exercising its zoning and police powersjvr 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: 34955.12 ChanhaasenlHatta Nurtery, Inc. r02103/97 -2- Ob/15/97 14:27 I. 'x`612 A ^'e 9345 CASPBELL KNUTS4N APPA.OVAL. 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", umless the Use is approved in advance by the City Council. A. Office, Garage, Sales Building R. B, Garden Centex L. C. Existing Grftn Houses M. D. Shade House N. L. Future Green Houses 0. P. 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 DispJay of Plant Materials, or Temporary Storage of Supplies on Pallets or Wheels, excluding trailers longer than 16 feet Permitted Signage Directional or Safety Signage (TI - TI$) Fuftm 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 "AF' and Exhibit "B" , If the Site Plan varies from the written terms of this Stipulation, the written terms shall control. 31355.72 chenhessen/NBLLa Nursery, Inc. 02/03/97 -�- 0 004 09/15/97 1.4:26 $612 a 9845 CAMPBELL MTTSON C�ijbb5 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 - refined. 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 "13n. C. Allowed Detail Sales. The general public may enter and use the Garden Centef, Greenhomes, Shade Muse, Office atxk the auWox areas shown as K, 0,'Q and R for the purpose of viewing, selecting and purchasing .permitted Products. All cash register che-Okout 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, W.xbibit "A", without the prior written approval of the City. E_ Expansion of List of permitted Products. The list of Permitted Products may not be expar4O wlthmt the prior written consent of the City. The list of Permitted Products may not be expanded without the prior written consent of lite City, to !Delude power tools which are not halal held, fhrm implc=nts, motor vohic;va, o ko y ploy's or snow plow blades, or recreational vehicles or non -handheld equipment of any kind, P. 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/Hella Nursery, Inc. rD2/03197 -4- n3l15197 14:29 'Lfi812 �^n 9845 CAMPBELL nLTTSON the general pub ic. The City agrees to conduct the inspections in a reasonable' manner, and without any undue disruption to Tenant's use of the Subjeot Property. 4. NURSERY. A. Nursery Mock 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 ihn fed as C. D, E, I~, H,1, 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 pem�itted may not be expanded or relomted 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 va ��a r ttictx. 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 37155.12 Chanhassen/Halla Nursery, Inc. r02103197 -5- Z 098 ob/15/97 14:29 $612 P—,% 9845 CAMPBELL i{NU'TSON..11007 screening must meet the requirements of City Code Section 20-1180, with the exception that required screening may be located on adjacent property with the written consent of the owner of the adjacent property. D. Buildings. The buildings identified as A, F, H, I and J may be used for storage of vehicles, equipment and materials used in conjunction with the Landscape Yard., E. Expansion of Landscape Yard. The buildings and outdoor areas where Landscape Yard ac:tividu are permitted may not be expanded or reloeated without the prior written approval of the City Council, 6. SIGNAGE. A. Permitted Signage. The following sighs are allowed: i. Existing sign on the roof of the Carden Center - 2_ Existing sign at the entrance to the Subject Property Brom Highway 101, or an updated pylon sign of the sante height and square footage, 3. One off premises directional sign may be placed in the southeast quadrant of the Wersec:tion of Highway 101 and pioneer on Lot 2, Block 1, Halla Great Plains Addition. The sign content shall be as approved by City Staff is the sign perm9t. The sign may nol exceed eight ($) feet in height and seventy-two (72) square feet in si7.e 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. Direetional/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/Nath Nursery, Inc. 09/15/97 14:30 $812 a"5 9845 CAMPBELL $N USON X008. C. Prohibited Signage. All signs ve strictly prohibited, except as expressly allowed pursuant to paragraphs 6,A. and 6B of this Stipulation, or pursuant to a sign peemit issued by the City. 7. PARKING. A. Affnimum Number of Stalls, The areas itlentiiied as P on the Site PIan are at least the minimum, required parldng stalls, which shall not tic devoted to any other use. B. Handicapped Parking and Fire Lancs. 'fhe handicapped parking stalls and fire lanes as shown on the'Site Plan mist be designated and marked as required by State law and City ordinances. 8. FENCE/SCREENI€ G/I3Eft C. A. Future Fence. Tenant will obtain a fence permit from the City prior to insialling the future fence as shown on the Site Plan. B. 1lastWlation Date. The future fence, screening or terming 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 neccssa<y dvo to weather or ground conditions. The screening must meet the requiremems of City Code Section 20-1180, with the exception that required screening may be located on �cigin St property gyifih the w --n COnS2tlt of fhe pwner of the a£IjaCent pr^pert,,,. r^ r- 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 37955.72 Chanhassen/Halla Nursery, Inc. r02/03/97 -7- 09/15/97 14:31 V612 °^5 9345 CAMELL MTTSON 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 RZGMENT AND .T MGMFT►f. Upon execution of this Stipulation, the parties agree to submit the Order, attachedd hereto as Exhibit "C", to the Court. file parties hereby stipulate to entry of said Order by cx-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/ANUENDBENTS. 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 tale legal action to eztforce this Stipulation shall not tie 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 w the TeI1dDt, its tl}iitlagPr, or tl]'d1i8lu t0the TC13&'iu by IL'giS'►a6.m iI2r3ii 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, 31955.72 ChanhasEen/flatta Nursery, Inc. OVUM 0009 09/15/97 14:31 ed612 9845 C_kUPBELL KNUTSON X010 or mailed to the City by registered mail in care of the City Manager at tlxc following address: Chanhassen City Hall, 6901 Coulter Drive, Box 147, Chanhassen, MIDI 55317. 15. SUCCI�.SSORS AND ASSIGNS. This Stipulation shall be binding upon the parties, their successors and assigns, azul subsequent purchasers of the Subject Property. 16. AMMIC:TION. The District Court shall reserve and retain jurisdiction to enforce this Stipulatioift and issue additional orders as it deems just and proper. 17. EQUAL PROTECTION. The City oviil not enforce any provision of law against Tenant unless it is enforced on all A-2 users in accordance with the equal pft.)tection doctrine. 18, PUBLIC NT'EREST. This Stipulation shall be liberally construed to protect the public's interest. 19. ENFORCEi1MNT. The prevailing party in any actioa or proceeding in cuurt 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, C1Clt'V OV C:DANHASSEN D Don Asbworth, `Ci - ManagerlClerk 31755.42 Chanhassen1Xaala Nursery, Inc. r02s03/97 .9- 00/15/97 14:32 $612 9845 CAMPBELL KNUTSON �J011 STATE OF MINNESOTA ) SS. COUNTY OF CARVER. ) The fojegoing instrument was acknowledged before me this day of 1997, by Nancy K. Mancino and by Don Ashworth, the Mayor and City ManagedClerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. N Pu lic KAREN I EWELHAR 3T CAI213ELL. KNUTSON, SCOTT NOTARY PLISW- WNNE:SOTA t3AMR COUN Y & FUCHS, P.A. �+hhr�on�i�nE ,tan �l,�po By: Elliott B. Kn ch, #163130 Attorneys for Plaintiff 317 Eagnndale Office Center 1380 Corporate Center Curve Eagan, MN 55121 (612) 452-5044 31155.12 r02/03/47 I1! Chenhessen/Hone Nursery, Inc. 09/15/87 14: 32 '$612 r 9845 CAMPBELL KnTTSON U012 TENANT: HALLA NUMERY, INC. STATE OF h NNESOTA ) ) ss. COUNTY OF D4 K OTA ) The foregoing instrument was acknowledged before me this I day of 6,Z 61 , 1997, by Do ,V �_ , �#'- *x e ,4 and the P46�; r ocu 7-' and V ic,6: RWM /40e/%/:F7 of Halla Nursery, Inc., a Minnesota corporation, on behalf of Wd corporat%on. = _ N otary Public if) I ROBERT J. BRUNO Natay pd* - Mintesm BY: 1�!coumis Ar W"7jf/'��2t rnv!!!✓ A Mr. Robert I- BrLmo, #12415 Attorney for Defendant 107 Burnsville Professional Plaza 1601 East Highway 13 Burnsville, MN 55337 ivii) 890 PLO 7x Campbell, Knutson, Scott & Fuchs, P.A. 1380'Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (612) 452-5000 H -SK L A�r 37755.12 Chanhassen/Halla Nursery, Inc. 69/155/97 14:33 V612 9645 C.AXPBELL KNUTSON FEE OVMR CONSENT TO STIPULATION FOR ENTRY 0F .TUDG ENT DONALD E. HALLA and SAN)DRA J. OWAYNA HALLA, husband and wife, fee owners of the Subject Property more particularly descn'bed in the foregoing Stipulation, do hereby join in, affirm, and consent to the provisions tbereof and agree to be bound by the previsions as the same may apply to that portion of the Subject Property owned by them. Date � STATE OF 1dI[NNF.SOTA j � V3• COUNTY OF 1�4K47'1 a LNUE A& -O' -V-' /J�/x /Ie�/ DONALD E. HALLA a/k/a. iM E_ Halla SANDRA ,i, CWkYNA The foregoing went was acknowledged before me this - � day of E: eP L*P- , 1997, by DONALD E., HALLA. aad-8 11 - , husband and wife. AND SANDRA J. Ck'AYNA HALLA NGT Y 'UBLIC L C for Sandra J. 4 ✓ Cwaayna Halla ANN M. WALDSCHMT t WNOTARY PU8LIC - M1NNWA . HIENNEPIN COUNTY C9tr►m. ! Jen. 81, zU00 ■ NOTARY PVBLIC for Donald E. Halla .s Dakkola GCl><nf Qt8 Alfy cojnmlSlbn FJ,pir/r1 31155.12 Chanhassen/Halla Nursery, Inc. �02/03i97 -1, �- 0,() /97 14:33 ` G12' 5 9845 CAMPBELL IiN iTSON- EITTEs - PEXNP.TTED PRODUCTS PROI)VCTS FOR rflF. INST'AUATION, SALES, CARE, FEATURES '-�. rE �A ACL, ?k NM OPQNAN LMNTATION OF PLANTS, LA'WN'S, A�'iX4LS AND OTHER LANDSCAI3I FFRTILImu � PATIO PRODUCTS "2 IMRBICII) S i ORNAMENTAL ITE14S ' FUNGICIDES 1 'WATER PRODUCTS BIRD SUPPLMS 1 BULK SOILS' BIRD FEEDER BAGeRX7 MULCHES ' BIRD HOUSRS 1.4 BULK MULCHES z BIRD BATHS 1,2-1 BAGGED SOIL'-' WEED BSP FABRIC AND PINS'-' SITE FuRNTTURE 1.2 POWER AND STD TOOLS' CONSULTATIONS','-' SERDS } GAUGES ' SPREADER ' T)VM 1 WATERING EQUIP3,ONT 1,Z POLY' iNPURMATIONAL TF T' CLOTH AND NETTING' PONDS "3,4 PLA14T SUI'T'OR-9''� STATUARY 1,2,314 FOUNTAINS ""' FBNCINCx',a FISH AND WATER PLANS TRELLISES'-'-'-" STRAW/MARSH RAY � GAzzBOS 1-1.1 . LABELS LTGI-II'I 1Cx i3 BM DS 1,Z CHRIS'TM.AE TREES & a CCESSO S'.z,4 LANDSCAPE DESIGNS �3 BlTiBS '_ LABOR 2.3 CLOT G. MAINTENANCE z'a PESTICIDES SNOW PLOWING :,3 Ci 'SEa 1°7'4 INSTALLATIONS POTTERY 1,2,d CONSTRUCTION � A3AL REPELLEN'T'S ' RECONSTRUCTION 7-3SOD 2 WOOD TIES' DELWERY',"' TOOL AND EQUIPMENT pzNTAI,, 1,Z3 BOZTLDERS 2 SOIL AMENDNfEN'TS'," SAND TREE, ST-MUR & PLANT N ATEP3AL 1,2,9A EDGING'S fNSUPLANCFJDAI' AGE p-VALtTATIONS 1,3 STRUCT-LRES 1,z GIFT CER7r7JCA'TES 1.3 OUTDOOR LIVING ACCESSORIES GAME/FARM ANIMALS & SUPPLIES JAA PLAYGROM EQ MENT 1,2 RF_T.AJNTWG WALL PRODUCT'S 7 DRAIN TILE & ACCESSORMS 1-2 TvIISCELLANE0US ITEMS, PLANTS OR MATBRIALS FOR THE AESTHETIC, PRAC- TICAL, IM7ROVENlENT, OR TJ0 OF INDOOR AND OUTDOOR LIVING SPACES 1,M,4 -------------_----- —--- ..,r.------ ........... 1 Izidoor sales from the Garden Center i Outdoor sales 3 Indoor sales frorn the Office Sales from the Green -houses identified as Buildings C & E on Exhibit A. r.M I It d i <c -eta NO-% pz3rS:�FriGlTfldCtpD ?; r to t . . . . • . . . . . . 7 • \ . . • ■ • • Lh ra o�u i 0 �t Is 03