(a) Requisites of agreement. If the application for special parking is approved, a special parking agreement must be executed and filed in accordance with this section. A standard agreement form may be obtained from the building official. The agreement must:
(1) be in writing;
(2) contain legal descriptions of the properties affected;
(3) set forth adequate consideration between the parties;
(4) specify the special parking being provided and the hours of operation of any use involved;
(5) be a covenant running with the land;
(6) state that all parties agree to defend, indemnify, and hold harmless the city of Dallas from and against all claims or liabilities arising out of or in connection with the agreement;
(7) be governed by the laws of the state of Texas;
(8) be approved by the building official and be approved as to form by the city attorney;
(9) be signed by all owners of the properties affected;
(10) be signed by all lienholders, other than taxing entities, that have an interest in or an improvement on the properties; and
(11) state that it may only be amended or terminated by a subsequent written instrument that is:
(A) except as otherwise provided in Subsection (b), signed by all owners of the properties affected and by all lienholders, other than taxing entities, that have an interest in or an improvement on the properties;
(B) approved by the building official;
(C) approved as to form by the city attorney; and
(D) filed and made a part of the deed records of the county or counties in which the properties are located.
(b) Approval. The building official shall approve an agreement if all properties governed by the agreement fully comply with the regulations in this division. If all affected owners and lienholders do not sign the instrument amending or terminating an agreement, and if all uses for which parking is provided under the agreement demonstrate that the agreement is no longer needed to fully comply with the off-street parking requirements in this chapter, the building official shall approve the amending or terminating instrument without those signatures.
(c) Agreement must be filed. An agreement shall not be considered effective until a true and correct copy of the approved agreement is filed in the deed records of the county or counties in which the properties are located and two file-marked copies of the agreement are filed with the building official.
(d) Amendment or termination of agreement. An agreement may only be amended or terminated by a written instrument that is executed in accordance with this subsection on a form provided by the city.
(1) The instrument must be:
(A) signed by all owners of properties affected and by all lienholders, other than taxing entities, that have an interest in or an improvement on the properties;
(B) approved by the building official;
(C) approved as to form by the city attorney; and
(D) filed and made a part of the deed records of the county or counties in which the properties are located.
(2) The building official shall approve an instrument amending or terminating a special parking agreement if:
(A) all uses providing parking under the agreement and all uses on the property for which parking is provided under the agreement fully comply with the off-street parking regulations in this chapter; or
(B) all uses on the property for which parking is provided under the agreement cease to operate and terminate their certificates of occupancy.
(3) The amending or terminating instrument shall not be considered effective until a true and correct copy of the approved instrument is filed in the deed records of the county or counties in which the properties are located and two file-marked copies of the instrument are filed with the building official. (Ord. Nos. 19786; 21660; 22783)