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