17.07.100 Shared open space.
The following requirements shall apply to common open space in each planned Development.
1. The open space area shall be shown on the final development plan.
2. The open space shall be conveyed in accordance with one of the following methods:
a. By dedication to the City as publicly-owned and maintained as open space. Open space proposed for dedication must be acceptable to the City with regard to the size, shape, location, improvement, and budgetary and maintenance limitations; or
b. By leasing or conveying title (including beneficial ownership) to a corporation, home association, or other legal entity, with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following:
1. The continued use of such land for the intended purposes;
2. Continuity of property maintenance;
3. When appropriate, the availability of funds required for such maintenance;
4. Adequate insurance protection; and
5. Recovery for loss sustained by casualty and condemnation or otherwise.
c. By any method which achieves the objectives set forth above.