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2. The land shall be controlled in one or more following manners as <br /> 4110 determined at the City's sole discretion: <br /> a) Owned by an individual, homeowner's association, or other legal <br /> entity who will use the land for open space purposes as provided <br /> by permanent conservation restrictions to an acceptable land <br /> trust as approved by the City and; or <br /> b) Deeded to the City of Elk River for public purposes with <br /> permanent conservation restrictions to an acceptable land trust. <br /> 3. Where applicable, a homeowner's association shall be established to <br /> permanently maintain all residual open space and recreational <br /> facilities. Such homeowner's association management agreements <br /> shall be established prior to the sale of any lots. Homeowner's <br /> association management agreements shall include the following: <br /> a) the legal description of the common lands or facilities. <br /> b) Membership in the Association is mandatory for all purchasers <br /> of homes in the development and their successors. <br /> • c) the restrictions placed upon the use and enjoyment of the lands <br /> or facilities including the persons or entities entitled to enforce <br /> the restrictions. <br /> d) a mechanisms for resolving disputes among the owners or <br /> association members. <br /> e) Provide standards for scheduled maintenance of open spaces. <br /> f) Provide a plan guaranteeing continuing maintenance of open <br /> spaces that shall be submitted to the City Council as part of the <br /> data requirements for an open space development. <br /> g) a mechanism to assess and enforce the common expenses for the <br /> land or facilities including upkeep and maintenance expenses, <br /> real estate taxes and insurance premiums. <br /> h) the conditions and timing of the transfer of ownership and <br /> control of land or facilities to the Association or the common <br /> ownership. <br /> i) any other matter the developer deems appropriate. <br />