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HomeMy WebLinkAbout014 Appendix F - Concurrent Construction DRAFT   April 25, 2022     City of Bozeman  121 North Rouse Avenue  Bozeman, Montana 59715    Subject: Concurrent Construction – West Park Neighborhood   To Whom It May Concern,      In accordance with UDC Sections 38.270.030.D, please accept this document as a plan for concurrent construction of site and building improvements, including sewer, water, and streets, for West Park Neighborhood The applicant is requesting that building permit issuance may be allowed prior to the completion of the required infrastructure as outlined herein.    The current site owners will develop the site in its entirety to create a diverse neighborhood. The Concurrent Construction Plan is outlined below: 1. The city will have an opportunity to review and approve future proposed development through a site plan review or planned unit development; a. The city will have an opportunity to review and approve future site development via Site Plans. 2. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement; a. The developer will 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, with said guarantee to be in the name of the city. 3. Improvements must be complete within two years of the date of the improvements agreement; a. The applicant acknowledges that improvements will be required to be complete within town years of the improvements agreement. 4. Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development; a. The applicant acknowledges approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the Montana Department of Environmental Quality when applicable, will be required prior to issuance of any building permit for the development. 5. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the development must cease until required phases of infrastructure improvements as described in the improvements agreement have been completed, and inspected and accepted by the city; a. The developer understands that building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. The developer further acknowledges that all building construction within the development must cease until required phases of infrastructure improvements have been completed, and inspected and accepted by the city. 6. The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof. a. The developer will provide and maintain hazard and commercial general liability insurance. The developer acknowledges that such insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy will name the city as an additional insured. 7. The developer must recognize, acknowledge and assume the increased risk of loss because certain public services do not exist at the site; a. The developer recognizes, acknowledges, and assumes the increased risk of loss because certain public services do not exist at the site. 8. If public funds or other third-party funding will be used to fund all or part of the installation of infrastructure, the improvements agreement between the developer and the city must identify the type or types of predetermined infrastructure funding. Public or third-party funding may include, but is not limited to reimbursement, payment up front, creation of a special improvements district, or grants; a. Should public funds or other third-party funding be used to fund all or part of the installation of infrastructure, the developer acknowledges that the improvements agreement between the developer and the city must identify the type or types of predetermined infrastructure funding. 9. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the development will be allowed until required infrastructure improvements have been completed, inspected, and accepted by the city, and a certificate of occupancy has been issued. No occupancy of structures or commencement of any use is allowed when such action would constitute a safety hazard in the opinion of the city; a. The developer acknowledges that no occupancy of any structures constructed or proposed within the boundaries of the development will be allowed until required infrastructure improvements have been completed, inspected, and accepted by the city, and a certificate of occupancy has been issued. Further, the developer understands no occupancy of structures must occur when such action would constitute a safety hazard in the opinion of the city. 10. The developer must enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; a. If necessary, the developer will enter into an agreement with the city to address the provision of any services on an interim basis during construction. 11. The developer must 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; a. The developer 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. A draft of this agreement has been included in this application. 12. The developer must 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; a. The developer 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 cost. 13. The development must be under the control of a single developer and all work must be under the supervision of a single general contractor. The developer and general contractor must agree that there must be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and a. The development will be under the control of a single ownership group and all work will be under the supervision of a single general contractor. The developer and general contractor agree that there will be no third-party builders until required infrastructure improvements have been completed, inspected, and accepted by the city. 14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all requirements of this section, must be submitted for review and approval of the community development director in consultation with the city engineer and with a recommendation from the development review committee. a. This item is understood. A draft concurrent construction plan was submitted with this application. a final version will be prepared following the preliminary plat approval. Thank you for considering this concurrent construction request for the West Park Neighborhood Project.     Sincerely,        Tyler Steinway, AICP Candidate Urban Planner