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K. The School District continues to use the Property as a bus terminal. L. The School District has acknowledged that EN Properties, LLC has breached its contractual duties to the School District. (Ex. 13, p. 2.) The School District has sued the Developer under its purchase agreement, Independent School District No. 834, Stillwater Area Public Schools v. ENProperttes, LLC & E&Eproperties, LLC, 82-CV-20-1422 ("Lawsuit'). hi the Lawsuit, the School District is specifically seeking injunctive relief to require the Developer to furnish water and sewer to the Property. The School District asserts that it has a contractual remedy against the Developer which would allow it to accomplish the prerequisites to occupation of the Property as required by the CUP. VI. CURRENT USE/VIOLATIONS OF THE CUP The City makes the following specific findings related to the alleged violations: A. Condition # 2. Condition No. 2 provides that the 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. 8) and all other subsequent construction plan memos have been addressed. See also (Ex. 1.) wit: The City finds that the School District violated Condition No. 2, to Interim Use Permit a. Condition No. 2 provides an exception, however, if the construction or use, is in accordance with the Interim Use Permit approved by the City by Resolution 2014-095. But the Council finds that the IUP did not govern their use of the Property because it terminated upon rezoning of the property in July 2018. (Exs. 5, 6.) The City Council finds that, at the time of the CUP application, the School District was aware that the IUP would terminate by its terns and represented that it had no plans to use it. (Ex. 6, p. 11.) b. hi its November 5, 2019 letter accompanying its application for CUP amendment, the School District acknowledged that, "The School District applied for and received approval for the rezoning of the property to Business Park on July 17, 2018, thereby automatically terminating the IUP." (Ex. 11, p. 1.) The School District made this admission, at most, a few weeks after moving onto the Property. C. The School District contends that the City prompted their use - of the Property in Fall 2019 based on-an-e-mail-from the City - Administrator to Finance Director Kristin Hoheisel. (See Ex. C.) The Council finds that if there was a mistake as to the operative nature of the IUP at that time, it was a mutual mistake. However, the City 13