17.050 Guarantees

A. Adequate guarantees, acceptable to the City, shall be provided for the permanent preservation and maintenance of park, playground, and other open space areas. B. The city may require the developer and owner to furnish and record protective covenants, which will guarantee the preservation and maintenance of all park, playground and other open space areas or the city may require the creation of a corporation or homeowners association granting beneficial rights to the open space to all owners or occupants of land within the Planned Unit Development. C. The developer and owner shall develop and maintain all park, playground and other open space areas, unless part of, or all of these areas are contiguous to and made part of an existing City-maintained park. D. In the case of private reservations, all park and open space areas shall be protected against any future building development by conveying to the City as part of the condition for project approval, an open space easement over such open areas, restricting the area against any future building or use, except as is consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the residents. Building or uses for noncommercial, recreational or cultural purposes, compatible with the open space objectives, may be permitted only with the express approval of the City, and the receipt of all necessary approvals, licenses and permits. E. The maintenance of all private parks and open space areas shall be ensured by the developer and owner by establishing a private homeowners association, property management agency or corporation responsible for such maintenance which shall levy the cost thereof as an assessment on the property owners within the Planned Unit Development. Ownership and tax liability of private parks and open space reservations shall be established in a manner acceptable to the City and made a part of the conditions of the Planned Unit Development approval.