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The disposition and maintenance of required open space shall be accomplished at the discretion of City by using any of the following methods:

A. The City may obtain fee simple ownership of the land and assume total maintenance and liability; or

B. The City and property owner(s) may enter into an easement agreement to retain and maintain the open space; or

C. The open space land may be held in common and maintained by the property owner(s) or the maintenance may be contracted to another person(s)/agency; or

D. The open space land may be owned and maintained by a homeowners’ association; or

E. The open space may exist due to a plat or deed restrictions with maintenance being performed by the landowners, the tenants or the City; or

F. The open space may be dedicated to another appropriate agency, such as the state, county, special district, or other jurisdiction who would own and maintain the open space property; or

G. The open space could be held and maintained through several combinations of the above or by other arrangement that achieves the purpose of this section and is acceptable to the City; or

H. The City may accept a comparable piece of property as open space in lieu of providing open space within a development; or

I. For developments located in the Downtown zoning districts, a fee-in-lieu of open space may be paid as provided in RZC 21.10.130.E.3, Use of In-Lieu Fee for Downtown Residential Usable Open Space.

Effective on: 4/16/2011