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i. Condition No. 2 provides that no construction or use of the bus terminal may commence until all items as outlined in the City Engineer Review Memo dated May 30, 2018 (i.e. Ex. 7) and all other subsequent construction plan memos have been addressed. (See also Ex. 2). a. The School District moved onto the Property in October 2019 and began using it as a transportation center. b. The City Engineer has provided a Memorandum dated March 19, 2020 (Ex. 14.) which addresses the improvements required for the Property. C. Based upon the foregoing, the Council finds that the School District is using the Property before the following improvements were completed: -Hudson Boulevard Improvements (Ex. 7, p. 2, Ex. 14) -including Traffic Impact Study (Ex. 7, p. 2; Ex. 14) -Municipal Sanitary Sewer (Ex. 7, p. 2; Ex. 14) -Municipal Water Supply (Ex. 7, p. 2; Ex. 14) *Storm water management facilities (Ex. 7, p. 1; Ex. 14) d. The School District does not dispute that the improvements have not been completed but blames both the Developer for not completing the improvements and the City for requiring them. e. The City does not dispute that items complained of are the responsibility of the Developer. The CUP does not require that the School District complete them. It simply requires, like any other development or redevelopment, that the redevelopment be complete before final occupancy. Contrary to the suggestion of the School District, that is not an unusual practice. The School District has a purchase agreement with the Developer and has a contractual remedy to require the Developer to complete the improvements. f. The City further finds that the School District created the conflict with the CUP. There would be no violation of Condition #2 absent the School District's determination to move onto and utilize the Property despite the prohibition in the CUP. The School District is responsible for this violation not the City or the Developer. ii. Condition #3 provides that the School District must obtain all other necessary City, State, and other governing body permits prior to the commencement of any construction activity on the parcel. a. The City finds that the School District has constructed a temporary septic tank on the Property without a permit and that 18