(a) A phased CFA allows a developer constructing a multi-phased development to construct subsequent phases of the development before construction of the community facilities for the previous phases have been completed and accepted by the city. A phased CFA is also allowed when one developer is constructing two different developments and would like to simultaneously construct the community facilities in the two developments that will be connected to each other.
(b) The developer or design engineer must notify the city on the CFA application and on the IPRC checklist that the CFA will be a phased CFA.
(c) The IPRC plans for a phased CFA may be reviewed simultaneously with the review of the plans for the parent project regardless of whether the parent project includes on-site or off-site community facilities.
(d) The parent project and the phased CFA must be constructed by the same developer.
(e) Any type of financial guarantee a developer is authorized by this chapter to use may be used for a phased CFA.
(f) If the phased CFA is for a residential development, the city will not record the final plat related to the phased CFA until the Community facilities being constructed pursuant to the phased CFA have been constructed and accepted by the city.
(g) If the phased CFA is for a commercial development, the city will not issue a certificate of occupancy for any buildings until the community facilities being constructed pursuant to the phased CFA have been completed and accepted by the city.
(h) The developer must notify all of the developer's contractors performing work on the phased CFA that the developer has elected to construct a phased CFA, the provisions relating to phased CFAs in the community facilities agreement, the risks associated with a phased CFA, and that the city will not bear any responsibility for the developer's decision to proceed with a phased CFA. The developer will be responsible for resolving any disputes between contractors performing work on the parent project and contractors performing work on the phased CFA. Technical conflicts relating to connection of the community facilities between the parent project and the phased CFA are part of the at-risk nature of a phased CFA and the developer must resolve all conflicts.
(i) A developer may not make the final connection of the community facilities in the phased CFA to the community facilities in the parent project until the community facilities in the parent project have been constructed and accepted by the city and the city has consented to the developer making the connection.
(j) The developer of a phased CFA must assume all risks associated with a phased CFA and must indemnify, defend and hold the city harmless for the construction of the community facilities pursuant to a phased CFA and the developer's decision to construct community facilities pursuant to a phased CFA.
(Ord. 23656-05-2019, § 1, passed 5-7-2019, eff. 6-1-2019)