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~ " A Plus building, for outdoor storage (but materials stored outdoors will not be stacked higber than the fence), and for the parking lot all as sbown in Exhibit B. If any of these variances are denied, this agreement shall, at the option of either A Plus or City, become null and void, but if any loan bas been made by City to A Plus, sucb loan shall neverthless be enforceable against A Plus. If a future owner requests that tbe fence be lowered from twelve to eight feet, it will be lowered, but at the expense of that future owner. If the fence is lowered, A Plus will not be re~uired to reconstruct tbe fence to twelve feet at a future time. A Plus will maintain the existing vegetative barrier, and the parking lot will not be expanded any closer to the south property line. 6. Until the equipment listed on Exhibit A is moved out of the Site or its use is discontinued, A Plus will work to minimize noise and vibration during the night bourse In lieu of tbe court-imposed restrictions, A Plus agrees that it will not run stainless steel or steel greater than .125 in thickness or aluminum greater than .150 between 11:30 PM and 8:00 AM, with two exceptions: (l)in documented line-down situations, but this exception shall not be ~ade use of more than twice in any 30 day period, and (2) set up of new parts may be done between 8:00 AM and 12 midnight. A Plus is attempting to identify the types of work that cause sounds and vibrations offensive to nearby residents, whether because of the thickness of materials, the size of holes to be punched or the number of rapid punches required, and will implement a system for scheduling jobs to minimize sound and vibration during evening hours. A Plus agrees to continuously review this system for its effectiveness in consultation with residents, including a monthly meeting with residents to report on progress and to discuss ideas for improvement. At City's request, A Plus will produce its records of machine use and job records in order to assist in identifying the source of particular noise or vibration. 7. The pending criminal action against A Plus will be dismissed without prejudice. In the civil litigation, the parities will stipulate to the granting of an injunction requiring compliance with the restrictions agreed to by A Plus in paragraph 6 of this agreement and completely prohibiting. after August 30, 1993, any use of the equipment in Exhibit A or any other equipment performing similar noise or vibration producing activities. This litigation will not be reinstituted nor shall any new litigation be commenced unless A Plus fails to comply with this agreement. If the e~uipment listed on Exhibit A is not completely removed by August 30, 1993. A Plus hereby consents to the immediate entry of a court order requiring it to cease the use of the ·Site for any metal stamping or cutting. If the variances mentioned in paragraph 5 are not granted by December 2, 1991, the date of August 30, 1993 is extended by a number of days equal to the number of days after December 2. 1991 to the date 3