(a) A concurrent CFA allows a developer to construct community facilities that will connect to and are dependent upon community facilities being constructed by another developer, before the construction and acceptance by the city of the community facilities being constructed by the other developer.
(b) The developer or design engineer must notify the city on the CFA application and the IPRC checklist that the CFA will be a concurrent CFA.
(c) The primary project must have reached compliance review before the engineering plans for a concurrent CFA may be submitted to IPRC for pre-submittal review.
(d) A concurrent CFA will not be allowed if the financial guarantee for the primary project is a completion agreement. Any type of financial guarantee a developer is authorized by this chapter to use may be used for a concurrent CFA.
(e) If the concurrent CFA is for a residential development, the city will not record the final plat related to the concurrent CFA until the community facilities being constructed pursuant to the concurrent CFA have been constructed and accepted by the city.
(f) If the concurrent 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 concurrent CFA have been completed and accepted by the city.
(g) The developer of a concurrent CFA must acknowledge in writing to the city that due to the developer's election to proceed with a concurrent CFA, the potential exists for technical, delivery, acceptance, or performance problems which could result in the developer having to remove and reconstruct, at the developer's expense, the community facilities constructed under the concurrent CFA.
(h) The developer of a concurrent CFA must agree that the developer will resolves all disputes with the developer of the primary project and between contractors and subcontractors performing work on the concurrent CFA and contractors and subcontractors performing work on the primary project.
(i) The developer of a concurrent CFA must execute a written agreement with the developer of the primary project that includes the following provisions:
(1) Provides access to the developer of the concurrent CFA onto property owned or controlled by the developer of the primary project that is necessary for the construction of the community facilities pursuant to the concurrent CFA;
(2) Stipulates that the developer of the concurrent CFA and the developer of the primary project must resolve all disputes regarding the design and construction of the concurrent CFA and the primary project; and
(3) Provides that the developer of the primary project must notify the developer of the concurrent CFA of all changes to the design or construction of the community facilities in the primary project, including any field changes.
(j) The written agreement between the developer of the concurrent CFA and the developer of the primary project does not have to be delivered to the city for review.
(k) The developer of a concurrent CFA must certify to the city in an attachment to the developer's CFA that the written agreement required by subsection (i) has been executed.
(l) The developer of a concurrent CFA must notify all of developer's contractors performing work on the concurrent CFA that:
(1) The developer has elected to construct community facilities pursuant to a concurrent CFA;
(2) The provisions relating to concurrent CFAs in the community facilities agreement;
(3) The risks associated with a concurrent CFA; and
(4) The city will not bear any responsibility for the developer's decision to construct community facilities pursuant to a concurrent CFA.
(m) A developer shall not make the final connection of community facilities constructed pursuant to a concurrent CFA to community facilities in the primary project until the community facilities in the primary project have been constructed and accepted by the city and the city has consented to developer making the connection.
(n) The developer of a concurrent CFA must assume all risks associated with a concurrent CFA and must indemnify, defend and hold the city harmless for the construction of the community facilities pursuant to a concurrent CFA and the developer's decision to construct community facilities pursuant to a concurrent CFA.
(Ord. 23656-05-2019, § 1, passed 5-7-2019, eff. 6-1-2019)