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1 ; Any sums received by the city pursuant to such a contract shall be <br /> deposited in a special fund and shall be used exclusively for acquiring, <br /> developing, and maintaining off-street parking facilities and located anywhere <br /> within the downtown revitalization district. The agreement shall be executed <br /> by the owner and the city manager, and all in lieu fees shall be paid prior to <br /> the issuance of a building permit. <br /> The city shall determine a standard surface parking lot in lieu parking fee <br /> and a parking structure in lieu parking fee based on land and construction <br /> costs in the downtown revitalization district. Such fees shall be updated on a <br /> regular basis by the city and shall be made available to the public. On April <br /> 1st of any year in which the fees have not been recalculated, the fees shall be <br /> adjusted by the rate of increase in the ENR construction cost index for the <br /> prior year. <br /> 4. Any development for which an in lieu parking agreement is approved where <br /> the number of in lieu spaces is less than or equal to 30 percent of its parking <br /> requirement shall pay the standard surface parking lot in lieu fee for each <br /> deficient parking space. <br /> . 5. Any development for which an in lieu parking agreement is approved where <br /> the number of in lieu parking spaces exceeds 30 percent of its parking <br /> requirement shall pay the parking structure in lieu parking fee for each <br /> deficient parking space. <br /> 6. In lieu parking agreements for which the requested number of in lieu parking <br /> spaces exceeds 50 percent of the required parking shall not be approved <br /> unless the city council finds that there are special circumstances related to: <br /> (1) constraints due to the size, configuration, or features of the site; or (2) <br /> constraints related to building placement or design; and (3) the availability of <br /> off-street parking. <br /> G.- 7.In the event that a use for which an in lieu parking agreement has been <br /> executed is changed or facilities are altered to meet the parking standards <br /> prescribed in this chapter before the city has committed or expended any of <br /> the money received pursuant to said agreement in the area benefited, the <br /> amount received shall be refunded to the owner. Otherwise, there shall be no <br /> refunds of in lieu fees. (Ord. 2000 § 1, 2009; Ord. 1898 § 1, 2003; prior code <br /> § 2-9.22) <br /> B. The owner of an eligible parcel or parcels, as shown in Figure 18.88.020, who <br /> is unable to provide all of the off-street parking required bY_this code may <br /> apply to the city to provide a specific on-site amenity open to the general <br /> public which equals, exceeds or is less than the value of the in-lieu parking <br /> fee that would otherwise be required for parking that cannot be provided on- <br /> site. The procedure and criteria to be followed for consideration of an on-site <br /> P13-2458, In-Lieu Parking Agreement Planning Commission <br /> Page 6 of 11 <br />