HomeMy WebLinkAbout028 - Appendix N.2 - Concurrent Construction
15 September 2020
City of Bozeman
121 North Rouse Avenue
Bozeman, Montana 59715
Subject: Concurrent Construction – Ferguson Farms II
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 Ferguson Farms
II Planned Unit Development (PUD). 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 commercial neighborhood
adjacent to the existing Ferguson Farms I area. The Concurrent Construction Plan is outlined below:
1. The city will have an opportunity to review and approve future site development via Site Plans.
2. 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. The applicant acknowledges that improvements will be required to be complete within town years
of the improvements agreement.
4. 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. 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 as described in the improvements agreement have been completed,
and inspected and accepted by the city.
6. 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 recognizes, acknowledges, and assumes the increased risk of loss because certain
public services do not exist at the site.
8. 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. The developer acknowledges that 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.
a. Further, the developer understands no occupancy of structures or commencement of any use
must occur when such action would constitute a safety hazard in the opinion of the city.
10. 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 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.
12. 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 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.
13. The developer understands that subsequent to preliminary plat or plan approval, a concurrent
construction plan, addressing all requirements of this section, will be submitted for review
and approval of the review authority with a recommendation from the development review
committee.
Thank you for considering this concurrent construction request for the Ferguson Farms II Project.
Sincerely,
Tim Staub, P.E.
Project Manager