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INTERLOCAL AGREEMENT BETWEEN THE CITY OF MISSOULA AND THE COUNTY OF MISSOULA RELATED TO MILLER CREEK ROAD IMPROVEMENTS This Agreement is entered into between the County of Missoula, Montana, a political subdivision of the State of Montana (hereinafter "County"), and the City of Missoula, Montana, a municipal corporation and political subdivision of the State of Montana (hereinafter "City"). 1. Purpose. The purpose of this Agreement is to facilitate infrastructure improvements to Miller Creek Road, in a project that crosses the County-City jurisdictional boundary. The project is to be funded in part with subdivision mitigation funds collected by the County for lands which are now within City jurisdiction, and in part with other funds currently held by the County. The City will adm inister and implement the Project. 2. Recitals. 2.1. The Project referenced herein is for improvements to Miller Creek Road, including design and reconstruction of the intersection between Upper Miller Creek Road and Lower Miller Creek Road, from Briggs Street to Mockingbird Way, and as further shown in the Preliminary Design Overview dated May 22, 2007, attached hereto as Exhibit A. 2.2. In 1997 the County established the Miller Creek Transportation Mitigation Fee as rrlitigation of associated traffic impacts on existing road s by new subdivisions within the Miller Creek Traffic Basin. The M iller Creek Transportation Mitigation Fee is as follows: residential subdivision lots are required to contribute $1 ,800 per single-family residential lot; and multi-family dwelling units are required to contribute 800/0 of $1,800 ($1,440) for each unit, payment of which satisfies the required transportation mitigation associated with subdivision approval. The County may require at the time of subdivision approval that improvements be made to roadways within the M iller Creek Traffic Basin in lieu of the Miller Creek Transportation Mitigation Fee. 2.3. The present value of the Miller Creek Transportation Mitigation Fee fund held by the County is $146,387.27 as of October 31,2007. 2.4. In addition to the funds currently held in the Miller Creek Transportation Mitigation Fee fund, the County has the right to receive additional funds, and holds security for guarantees of payment, from Maloney Properties, LLC in the amount of $588,600.00, and from the Lloyd A. Twite Family Partnership in the amount of $351,720.00. INTERLOCAL AGREEMENT For Miller Creek Road Improvements Referral Document November 21,2007 Page 1 of 6 ---PAGE BREAK--- 2.5. Dr. C. G. McCarthy contributed $250,000.00 to the Miller Creek Transportation Mitigation Fund, subject to specific restrictions contained in the June 23, 1999 letter agreement (copy attached hereto as Exhibit 2.6. A bridge from the Miller Creek Traffic Basin to highway 93 cannot be successfully funded and completed by December 31,2020. 2.7. The present value of the contribution from Dr. C. G. McCarthy is $ 341,332.66 as of October 31 , 2007. 2.8. The City has annexed subdivisions in the Miller Creek Traffic Basin for which the Miller Creek Transportation Mitigation Fee was collected by the County. 2.9. The majority of the Project area now lies within City jurisdiction. 2.10. Management of the Project by multiple public entities would be inefficient, and is not in the public interest. 2.11. It is appropriate and in the public interest for the City to manage the Project and to administer the funds previously collected by, and/or due to, the County for the Miller Creek Transportation Mitigation Fee, as well as the contribution from Dr. C. G. McCarthy. 3. Duties of the County_ In consideration of the City performing its duties set forth herein, the County shall perform the following duties: 3.1. The County shall transfer to the City all funds in the Miller Creek Transportation Mitigation Fee fund. 3.2. The County shall transfer to the City all funds that may be collected in the future for the Miller Creek Transportation Mitigation Fee from Maloney Properties, LLC and/or from the Lloyd A. Twite Family Partnership, pursuant to outstanding obligations as of the date of this Agreement. 3.3. The County shall assign to the City its ability to collect upon the obligations of Maloney Properties, LLC and the Lloyd A. Twite Family Partnership, including the ability to act upon the security for the obligations provided by Maloney Properties, LLC and the Lloyd A. Twite Family Partnership. To any extent that the City cannot exercise these powers, the County will cooperate with the City in collecting the funds from Maloney Properties, LLC and the Lloyd A. . Twite Family Partnership and transferring them to the City. 3.4. The County will release the security provided by Maloney Properties, LLC and the Lloyd A. Twite Family Partnership upon collection of the funds due, regardless of whether the funds are collected by the County or the City. INTERLOCAL AGREEMENT For Miller Creek Road Improvements Referral Document November 21, 2007 Page 2 of 6 ---PAGE BREAK--- 3.5. The County shall transfer to the City all funds contributed to the Miller Creek Transportation Mitigation Fund by Dr. C. G. McCarthy. 3.6. Upon execution of this Agreement by both parties, the County hereby transfers and assigns to the City any and all of its powers relevant to the portion of the Project within County jurisdiction, including but not limited to management of the road right-of-way, and the power of eminent domain to acquire additional right-of-way to accommodate the project. 4. Duties of the City. In consideration of the County performing its duties set forth herein, the City shall perform the following duties: 4.1. The City will manage, oversee, plan, and cause the Project to be completed, including providing or contracting for design and engineering, acquisition of right-of-way, and final construction of the Project. 4.2. The Project will be constructed in general conformance with the Preliminary Design Overview dated May 22, 2007, attached hereto as Exhibit A, and consistent with one of the Roundabout Designs depicted therein. 4.3. The Project shall be completed within 10 years of the date of this Agreement. 4.4. The City will accept the funds described above from the County, will hold the funds in trust for completion the Project, and will expend the funds only in furtherance of the Project. The City will maintain an accurate accounting of the status and expenditure of all funds transferred by the County. 4.5. The City will maintain separate accounting for the funds contributed to the Miller Creek Transportation Mitigation Fund by Dr. C. G. McCarthy, will hold the funds in trust for completion the Project, and will expend the funds only in furtherance of the Project and in a manner consistent with the requirements of Dr. C. G. McCarthy, as set forth in the June 23, 1999 letter agreement (copy attached hereto as Exhibit 5. Term of Agreement. This Agreement shall be in effect for 10 years from the date of the Agreement, or until the Project is completed, whichever occurs first. If the funds transferred to or collected by the City pursuant to this Agreement have not been expended on the in accordance with the terms of this Agreement within 10 years, the County may agree to extend this Agreement or will otherwise be entitled to the return of any remaining funds. 6. Amendment of Agreement. This Agreement may be amended; however any amendment must be in writing and approved by the governing body of both parties. INTERLOCAL AGREEMENT For Miller Creek Road Improvements Referral Document November 21, 2007 Page 3 of 6 ---PAGE BREAK--- 7. Filing of Interlocal Agreement. Pursuant to the requirements of §7-11-1 07, MeA, the parties agree that this Agreement shall be filed with the Missoula County Clerk and Recorder and the Secretary of State. Jt0 Curtiss, Chair Approved by Missoula County, by the Missoula County Board of County Commissioners, this d~+h\ day of -;fa r--0 ,2:alFf. ,;)pDC -I BOARD OF COUNTY COMMISSIONERS MISSOULA COUNTY ATIEST::KI~~ DEPU1Y Vickie Zeier, Clerk and Recorder APPROVED AS TO FORM AND CONTENT: \ Approved City of Missoula this tV day of C:l~v;? ,2007. 7 1/ C'TYOFM'SL gen, Mayor INTERLOCAL AGREEMENT For Miller Creek Road Improvements Referral Document November 21,2007 Page 4 of 6 ---PAGE BREAK--- EXHIBIT A PRELIMINARY DESIGN OVERVIEW DATED MAY 22, 2007 INTERLOCAL AGREEMENT For Miller Creek Road Improvements Referral Document November 21 , 2007 Page 5 of 6 ---PAGE BREAK--- ---PAGE BREAK--- fy~~j l \ . , WG M GROUP, INC. ---PAGE BREAK--- I" . MILLER CREEK' ROAD IMPROVMENTS BRIGGS STREET TO WAY MISSOUL.o" _ I ~ ~1I.uc;.. j "1 _IIlM ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ~ CM'::I..((Il,,.lOoS ROUP. INC '.11 Iol.....g"lo. Vi $.S~llll ~1-01-'Cl er.loaIl._h.,;,g., .oJ'i'I:O'£, '.'7'/100' ~l -L0f" ---PAGE BREAK--- ---PAGE BREAK--- EXHIBIT B DR. C. G. MCCARTHY JUNE 23,1999 LETTER OF AGREEMENT INTERLOCAL AGREEMENT For Miller Creek Road Improvements Referral Document November 21, 2007 Page 6 of 6 ---PAGE BREAK--- June 23, 1999 Missoula County Commissioners Missoula County Courthouse MissQula~ MT 59802 RE: Miller Creek Bridge Trust Fund D.ear Commissioners: As you mow, I have believed for. a long time in the necessity ofa bri¢lge acrossthe Bitterroot River to provide ac.cess to Miller Creek residents. When the Maloney Ranch was sold to Roy Prock, I lnade arrangelnents to hold back certain funds to eventual1}' go toward the construction ofsuch a bridge~ It is my understanding that Missoula County is in the process of establishing a bridge trust fund in order to have a separately....identified fund in which to deposit h11pact fees paid by developers to mitigate transportati'on problems. The bridge trust fund will necessarily need to have provisions in it regarding p~anl1ing and design ofa bridge. However., I am interested primarily in actual constroction of-a bridge 'and, since r l;lm making a voluntary contribution to that effort~ will impose the following restrictions on Iny gift af$250,OOO to Miss:6ula County: 1. The funds may be used for construction ofa roadway and bridge over the Bitterroot River to connectthe Miller Creek area with Highway 93 SOUt11. Funds shall be used for engineering and oonstruction costs ofthe bridge itself, and may not be used for acquisition ofright-of-way, or for planning. 2. Ifa bridge cannot be successfully funded and completed by December 31, 2020) the,n this gift, together'with accmn.ulated interest, shall be utilized for improvements to s·ewer systems; water systems or other such infrastructure (but excluding acquisition of rights- of-way and repair and maintenance of-county roads) as the Commissioners' recommend and which improvements will directly benefit the 1vlil1er Creek basin. J) ---PAGE BREAK--- June23,1999 Missoula County Comlnissioners RE: Miller Creek Bridge Fund Trust Page 2 I understand that the $250,000 may be used for matching purpc:>ses for various grants for the Miller Creek basin and I have no objection to that Ifthese conditions are acceptable, please so indicate by signing a copy bfthis letter and returning it to me and I Will make arrangements for obtaining the necessary signatures for transfer Dfthe funds. Sincerely, J1 i/O ~r(J / u1 v 1'pr/k . C. fortbeDaniel O~ey . Ranch Company I The above-stated conditiohs are acceptable to the Missoula County Commissioners. DATED this2z..- day of Jilne I 2 , 1999, Michael Kennedv - Not Availab1e for Signature