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Staff has been unable to locate any record of the Masons being a signatory or party to the St. Clare's use permit application, nor that any agreement exists between the two property owners or their successors with respect to execution of the master plan. However, according to the May 11, 2005 Planning Commission staff report, the Masonic Lodge had reviewed St. Clare's proposal and was in support of the expansion; and further notes that "St. Clare's and the Masonic Lodge have jointly participated in the development of parking ensuring the uses do not conflict. The Masonic Lodge representatives have reviewed the proposal and they do not see any issues in creating a new joint use agreement allowing a portion of the parking lot to be constructed on their property in Phase ll construction." Based on this apparent agreement, Condition of Approval #9 of Resolution 05-0607, approving the St. Clare's expansion, states "The project developer shall submit a recordable agreement between St. Clare's Episcopal Church and Masonic Lodge for the construction and use of the extended parking lot during Phase ll expansion review. This agreement shall be reviewed and approval (sic.) of the City Attorney's Office prior to issuance of building permits for Phase II." In August 2017, Chabad and St. Clare's executed a 50-year shared parking agreement (Attachment 2). The agreement, which was not reviewed or approved by the City Attorney, principally addresses use of the existing 66 space parking lot on St. Clare's property, but Section 8 of the agreement addresses the parking lot expansion as follows: Section 8: Additional Parking Lot on Chabad Property: If Chabad builds a parking area on its property at 3370 Hopyard Road and St. Clare's agrees in writing at such time to pay one-half of the cost of construction of said parking area then this agreement will automatically cover both the Parking lot and the new parking area." It should be noted that the above-cited provision does not require Chabad to participate in the construction of the additional parking lot, only that if Chabad constructs it, St. Clare's can participate in those costs and share the facility. Staff recognizes that St. Clare's possesses a use permit approved by the City for the church expansion, and that the Masons, although not signatories to the agreement, participated in and expressed their willingness to enter into an agreement allowing the parking lot to be constructed on their property. Given these circumstances, and the concerns raised by St. Clare's, staff recommends making the CUP contingent on Chabad recording an agreement on the property between Chabad and St. Clare's Episcopal Church allowing for shared parking generally on the area identified on the St. Clare's Master Plan. With the limited net increase in parking spaces (9 additional spaces) required for the St. Clare's expansion, staff believes that it may be possible for the new shared parking area to be accommodated alongside Chabad's outdoor areas. However, some Page 11 of 14