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N. The CUP does not require the School District to pay for all improvements to the Property; it simply requires all the improvements to be constructed as a prerequisite to the occupation and use of the Property. O. At the time of the City Council's consideration of the land use applications discussed above, including the CUP, the School District's representatives were provided with all staff reports and the proposed CUP. The School District did not make objection to the CUP or any of its conditions. IV. IMPROVEMENTS SINCE CONDITIONAL USE APPROVAL A. The Developer and the City negotiated a Developer's Agreement dated October 22, 2018, which required the Developer to build the water and sewer infrastructure and bring it to the Property. B. The School District closed on its purchase of the Property on October 23, 2018. The CUP was granted months before the closing and the School District was aware of its requirements. The provision of water and sewer to the Property by the Developer was contemplated in the Purchase Agreement between the School District and the Developer. The City was not a party to the Purchase Agreement. C. By e-mail dated April 16, 2019, the City Administrator stated, "We are allowing you to work under the IUP (Interim Use Permit) as referenced in Condition #2 of the CUP but, that expires this year. I honestly don't think Terry is going to have water and sewer to you by the end of the year so then you would not be in compliance with the terms of the CUP and you wouldn't be able to operate it as a school bus garage." (Ex. 19, p. 2.) (emphasis added.) D. On July 11, 2019, the School District entered into a Site Improvement Agreement with the City to govern its construction of improvements required of the School District by the CUP. The Site hnprovement Agreement did not address or approve of the installation of a fire suppression system, fire alarm system, including heat and smoke detection, and a temporary septic system. (Ex. 31) E. On July 16, 2019, the City Administrator e-mailed the School District, and noted in relevant part: Perhaps we should touch base on Terry's project and the status of water and sewer being extended to the site. Terry has asked for the City Council to review a change to the plans at their August work session. This may result in water and sewer not being extended this year. I wanted to make sure you were aware of this before moving ahead with the millions of dollars in improvements that may not be operational without the extension of water and sewer. (Ex. 19, p. 1.) F. Despite the City Administrator's two warnings, the School District proceeded with improvements contemplated by the Site Improvement Agreement __ __ and those not contemplated by the S_ite_Improvement Agreement._