§ 47-20.18. Parking agreements.

A.

Off-site parking agreement.

1.

When the required off-street parking is to be provided on a site at a location different from the site which will be served by the parking as provided in Section 47-20.4.B, the owner of the off-site parcel of land and the owner of the land intended to be served by such off-site parking (if different than the owner of the parcel to be used for parking) shall enter into an agreement with the city. The off-site parking area shall never be sold or transferred except in conjunction with the sale of the parcel served by the off-site parking facilities unless:

a.

The parcel to be sold will continue to be used as provided in the off-site parking agreement and the new owner executes a consent to assume and be bound by the obligations of the owner of the parcel used for parking as provided in the agreement. The consent shall be in a form approved and executed by the department and recorded in the public records of the county at the expense of the owner. A copy of the recorded document shall be provided by owner to the department; or

b.

A different parcel complying with the provisions of the ULDR and subject to a recorded off-site parking agreement as specified herein may be substituted for the parcel of land subject to the off-site parking agreement; or

c.

The parcel being served by the off-site parking no longer requires the parking as evidenced by a written statement executed by the parties executing the off-site parking agreement and as approved by the department and a termination of the off-site parking agreement is executed by the department and recorded in the public records of the county at owner's expense.

B.

Valet parking agreement. When an owner of a parcel wishes to provide valet parking services and use the parking design requirements provided in this Section 47-20, the owner must enter into an agreement with the city which includes a legal description of the parcel where parking will be located and states the number of parking spaces which must be provided and that attendants will be provided one hundred percent (100%) of the operating hours of the use. If the parcel to be used for valet parking is different than the parcel the parking serves, the provisions for off-site parking must be met.

C.

An off-site parking and valet parking agreement shall be executed on behalf of the city by the department and approved as to form by the office of the city attorney. The agreement shall be recorded in the public records of the county at owner's expense. The agreement shall be considered a restriction running with the land and shall bind the heirs, successors and assigns of said owner.

D.

For purposes of this section, "owner" shall be deemed to include lessees of property under long term leases wherein the lessee's right to possession of the property is for a period of not less than fifty (50) years from the date of the off-street parking agreement and where the fee simple owner has joined in the execution of the owner's agreement for the purposes of consenting to the terms of the agreement. Owner shall also include the owner of an exclusive easement for parking purposes as long as the fee simple owner of the property consents to the parking agreement.

(Ord. No. C-97-19, § 1(47-20.18), 6-18-97)