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The building or use for which application is being made to utilize the off-street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities, in addition to which:

A. The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed.

B. In the instance of uses located on separate legal parcels, the applicant shall present a properly drawn legal agreement substantially in the form provided by the City that will ensure the availability of the parking for the uses involved, which agreement has been reviewed and approved by the City Attorney. The agreement shall, at a minimum:

1. Include the City of Snohomish as a signer accepting the agreement and shall include language that the City shall be notified at least sixty (60) days prior to termination of the agreement.

2. Be for a term of at least six (6) years.

3. Contain clear language requiring both the benefitted and burdened property owners to disclose the agreement to all heirs, successors and assigns, mortgagors and any other third party who may obtain an interest in the benefitted or burdened property.

4. Be signed by all parties with a real property interest in the joint use of the off-street parking facility.

5. Be provided to the City Clerk and Building Official for inclusion in the building permit address file for all affected uses and locations.

6. The agreement must contain language irrevocably committing the owner of the benefitted property to compliance with City parking requirements if the agreement is terminated for any reason.

C. The Planning Director may require the agreement to be recorded with the Snohomish County Auditor’s office. (Ord. 2381, 2019)