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HomeMy WebLinkAboutAppendix H - Concurrent Construction 05-05-2020 05 May 2020 City of Bozeman 121 North Rouse Avenue Bozeman, Montana 59715 Subject: Arrowleaf Park & Perennial Park Planned Unit Development, Concurrent Construction Request To Whom It May Concern, Please accept this letter as a request for concurrent construction of site and building improvements, including sewer, water, and streets, for the Arrowleaf Park & Perennial Park Planned Unit Development (PUD) under UDC Sections 38.270.030.C - D. The applicant is requesting that building permit issuance may be allowed prior to the completion of the required infrastructure as outlined herein. GMD Development, LLC will develop the site in its entirety to create a diverse mixed-use neighborhood offering options for multigenerational housing in a variety of building types, as well as family housing services, early childhood education, and onsite health services. Scheduling and construction management are outlined in Preliminary PUD Application. The UDC criteria have been met as described below: 1. This project will be developed under provisions of division 38.430 of this chapter. 2. Should it be necessary, the applicant is willing to enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by a financial guarantee in an amount to be determined by the city, naming the city as the beneficiary of the guarantee. The guarantee will be addressed concurrently with the building permit submittal. 3. Engineering designs have been submitted with the Preliminary PUD application. Approval of these designs will be expected prior to issuance of any building permit for the development. 4. No phasing is expected and building permits will be requested for individual site structures. Infrastructure to support each building will be installed to meet development requirements. 5. Should it be necessary; the applicant will provide and maintain fire hazard and liability insurance as required by the city. Evidence shall be submitted with the Building Permit application. 6. The applicant recognizes, acknowledges and assumes the increased risk of loss because certain public services do not exist at the site. 7. Should it be necessary, the applicant will enter into an agreement with the city which provides for predetermined infrastructure funding options. 8. The applicant acknowledges that no occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the PUD will be allowed until required infrastructure improvements have been completed, and inspected and accepted by the city, and a certificate of occupancy has been issued. The applicant also acknowledges that no occupancy of structures or commencement of any use will occur when such action would constitute a safety hazard in the opinion of the city. 9. Should it be required, the applicant will enter into an agreement with the city to address the provision of any services on an interim basis during construction. 10. Should it be required, the applicant will execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. 11. Should it be required, the applicant will pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; 12. The project is proposed under the control of a single developer and will be under the control of a single developer. Should it be required, an agreement can be drafted that memorializes this expectation and states that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city can be submitted with the Building Permit. 13. The applicant can amend the Preliminary PUD construction plan as necessary to allow for concurrent construction. Thank you for considering concurrent construction. Sincerely, Ryan Krueger, AICP, CFM Senior Planner