Following is the Off-Site Parking Agreement as required by Section 36.2-652(a)(2) of the Code of the City of Roanoke (1979), as amended.

CITY OF ROANOKE
OFF-SITE PARKING AGREEMENT

THIS AGREEMENT made and entered into this ___ day of ________, 20___, by and between _______, hereinafter referred to as the "Owner of the Primary Parcel(s)," and _______, hereinafter referred to as the "Owner of the Secondary Parcel(s)," and the City of Roanoke, Virginia:

WITNESSETH:

WHEREAS, the Owner of the Primary Parcel(s) certifies that he/she/it is/are the record owner(s) of property identified as Official Tax Parcel(s) No. _____ on the records of the Commissioner of the Revenue of the City of Roanoke, and being the same property acquired by the Owner of the Primary Parcel(s) by instrument recorded in the Clerk's Office of the Circuit Court of the City of Roanoke in Deed/Will Book _____, page _____, which property is hereinafter referred to as the "Primary Parcel(s)"; and

WHEREAS, the Owner of the Secondary Parcel(s) certifies that he/she/it is/are the record owner(s) of property identified as Official Tax Parcel(s) No. _____ on the records of the Commissioner of the Revenue of the City of Roanoke, and being the same property acquired by the Owner of the Secondary Parcel(s) by instrument recorded in the Clerk's Office of the Circuit Court of the City of Roanoke in Deed/Will Book _____, page _____, which property is hereinafter referred to as the "Secondary Parcel(s)."

NOW, THEREFORE, for and in consideration of the approval of the City of a development plan for the Primary Parcel(s), and the mutual covenants herein, it is agreed by the parties that:

The permanent availability of such parking spaces and associated pedestrian access routes for use on the Secondary Parcel in conjunction with the uses conducted on the Primary Parcel(s) has been established by execution of an appropriate legal instrument, recorded in the Clerk's Office of the Circuit Court of the City of Roanoke in Deed Book _____, page _____.

By the signature(s) on this statement, the Owner(s) of the Primary Parcel(s), do hereby acknowledge and agree that should the parking spaces on the Secondary Parcel become unavailable for use at some time as a result of a breach in the recorded instrument, or for any other reason, that an equal number of parking spaces shall be constructed and provided either on the Primary Parcel(s) or through another off-site arrangement. Failure to provide or construct such replacement parking spaces within ninety (90) days, weather permitting, shall be deemed a violation of the City's Zoning Ordinance and shall be punishable in accordance with the penalties provided therein.

The responsibility of complying with these parking requirements shall run with title to the Primary Parcel(s) and the Secondary Parcel(s), and shall not be affected by transfer by lease or of ownership, as long as the use of the Primary Parcel(s) necessitates provision of off-site parking spaces to satisfy the applicable parking standards specified by the Zoning Ordinance. A recorded statement executed by the Owner(s) of the Primary Parcel, indicating that all or a portion of such parking spaces are no longer required, shall be conclusive as to any release from the requirements of this Agreement by the City.

WITNESS the following signatures and seals:

Approved as to form:

  City Attorney   

COMMONWEALTH OF VIRGINIA

City of Roanoke, to-wit:

I, ___________, a Notary Public for the Commonwealth of Virginia at large, do hereby certify that _______, whose name as the Owner of the Primary Parcel(s) is signed to the foregoing agreement bearing the date of the ___ day of ________, 20___, has acknowledged the same before me in the jurisdiction aforesaid.

Given under my hand the ___ day of ________, 20___.

  Notary Public   

My commission expires: ___________

COMMONWEALTH OF VIRGINIA

City of Roanoke, to-wit:

I, ___________, a Notary Public for the Commonwealth of Virginia at large, do hereby certify that _______, whose name as the Owner of the Secondary Parcel(s) is signed to the foregoing agreement bearing the date of the ___ day of ________, 20___, has acknowledged the same before me in the jurisdiction aforesaid.

Given under my hand the ___ day of ________, 20___.

  Notary Public   

My commission expires: ___________

COMMONWEALTH OF VIRGINIA

City of Roanoke, to-wit:

I, ___________, a Notary Public for the Commonwealth of Virginia at large, do hereby certify that _______, whose name as the City of Roanoke is signed to the foregoing agreement bearing the date of the ___ day of ________, 20___, has acknowledged the same before me in the jurisdiction aforesaid.

Given under my hand the ___ day of ________, 20___.

  Notary Public   

My commission expires: ___________

(Ord. No. 37633, § 22, 11-20-06; Ord. No. 42205, § 1, 11-15-21)