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hereto agree as follows: <br /> <br /> ~. Barthold agrees to abate the odor nuisance by reducing <br />the n~mber of hogs to 200 by June 1, 1993, to 100 by July 1, 1993 <br />and to zero by Auqust 1, 1993, and thereafter to close the hog farm <br />operation at the Farm. <br /> <br /> 2. Bmrthold agrees that no new feeder hogs will be brought <br />to the Farm from and after the date hereof. <br /> <br /> 3. Jacob H. Barthold agrees that as to his heirs and <br />assigns, the Farm will not be used as a hog farm in the future. <br /> <br /> 4. Barthold agrees to use reasonable farm management <br />practices between the date hereof and August 1, 1993 in order to <br />~ini~ize the odor nuisance, including the spreading of the hog <br />manure on the Farm land and incorporating the same into the ground <br />as soon as reasonably possible. <br /> <br /> 5. The Cit~ agrees that, pending Barthold's compliance with <br />items one through three above, it will not seek any injunctive <br />relief in Court in an attempt to abate the public nuisance. <br /> <br /> 6. Time is an essential element of this Agreement and <br />therefore Barthold agrees to be jointly and severally liable to the <br />City for liquidated damages in order to assure performance of their <br />agreements herein. <br /> <br /> 7. As liquidated damages, the parties agree that in the <br />event the number of hogs at the Farm is not reduced to zero by <br />August 15, 1993, the City shall have the right to charge Barthotd <br />as liquidated damages an amount e.cual to $100.00 per day for each <br />and every calendar day after August !5, 1993 during which time any <br /> <br /> <br />