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170. 067 <br /> <br />170. 068 <br /> <br />ao <br /> <br />AGREEMENT AS TO DEDICATION <br /> <br />Agreements as to the requirements in Sections 170.061 <br />through 170.066 above shall be made prior to preliminary <br />plat approval. Failure of the City Council and <br />subdivider to reach agreement regarding the matters in <br />Sections 170.061 through 170.066 above shall constitute <br />denial of the preliminary plat. <br /> <br />CREDITS FOR PARK DEDICATION REQUIREMENTS <br /> <br />Private Open Space <br /> <br />In those cases where subdividers of land provide <br />significant amenities such as, but not limited to <br />swimming pools, tennis courts, handball courts, <br />ballfields, golf courses and other open space within the <br />development and where, in the judgment of the Parks and <br />Recreation Commission, such amenities significantly <br />reduce the demands for public recreational facilities to <br />serve the development, the Parks and Recreation <br />Commission may recommend to the City Council that the <br />· amount of land to be dedicated for park, playground and <br />-public open space (or cash contributions in lieu of such <br />dedication) be reduced. <br /> <br />· Such areas may be used for credit at the discretion of <br />the City Council against the requirement of dedication <br />for park and recreation purposes, provided the City <br />Council finds it is in the public interest to do so and <br />that the following standards are met: <br /> <br />1) <br /> <br />That yards, court areas, setbacks and other open <br />space required to be maintained by the Zoning and <br />Building Regulations shall not be included in the <br />computation of such private open space; and <br /> <br />2) <br /> <br />That the private ownership and maintenance of the <br />open space is adequately provided for by written <br />agreement; and <br /> <br />3) <br /> <br />That the private open space is restricted for park <br />and recreational purposes by recorded covenants <br />which run with the land in favor of the future <br />owners of property within the tract and which cannot <br />be eliminated without the consent of the City <br />Council; and <br /> <br /> <br />