Document Missoula_doc_aaf9b1370b

AGREEMENT C2.- - [ 2-00 FOR MILLER CREEK ROAD IMPROVEMENTS FROM BRIGGS STREET TO MOCKINGBIRD WAY AND APPROXIMATELY 500 FEET WEST OF THE WYE ON LOWER MILLER CREEK ROAD \ This Agreement made this \ day of tok,(~(L,\ , 200 by and between Maloney Properties, LLC (Maloney), the Lloyd A. Twite Family Partners hip (Twite), and the City of Missoula (City), for the purpose of making improvements to Miller Creek Road from Briggs Street to Mockingbird Way, and approximately 500 feet west of the Wye Intersection on Lower Miller Creek Road, as defined on Exhibit A, incorporated into this Agreement. The improvements (Project) are to be funded by subdivision transportation mitigation contributions to the Miller Creek Transportati on Mitigation Fund. RECITALS 1. WHEREAS, prior to 1996 Missoula County had determined that Miller Creek Road between Briggs and the Wye Intersection of Upper and Lower Miller Creek Roads were approaching their anticipated traffic capacity, were in a state of disrepair, and needed to be rebuilt upon completion of land/right-of-way acquisition, surveying, and engineering design; and 2. WHEREAS, in 1997 Missoula County established the Miller Creek Transportation Mitigation Fund as mitigation of the impacts of new subdivisions on existing roads within the Miller Creek Traffic Basin. The Miller Creek Transportation Mitigation Fund was calculated by dividing the estimated cost of improving Miller Creek Road from Briggs to Mockingbird by the number of units contemplated by the development of the property held by the major developers - Maloney and Twite. 3. Upon approval of subdivision of lots in the Miller Creek Traffic Basin, developers of residential subdivision lots are required to contribute $1,800 per single-family residential lot. Multi-family dwelling units are required to contribute 80% of$1 ,800 ($1,440) per unit. Alternative improvements to roadways within the Miller Creek Traffic Basin may be required in lieu of contributions to the Miller Creek Transportation Mitigation Fund, based upon a finding that the alternate improvements adequately mitigate the impact of the subdivision's traffic on the transportation system; and 4. WHEREAS, Missoula County rated the Miller Creek Road and Wye Intersection improvements as a high priority on County's capital improvement projects list; and 5. WHEREAS, in 1997 Missoula County and Twite conducted a public process reSUlting in a final design concept that included a third traffic lane, traffic channelization at the Wye Intersection and infrastructure for the future signalization of the Wye Intersection of Lower and Upper Miller Creek Roads. The designs were completed and Page 1 of 7 ---PAGE BREAK--- the Project was prepared for bidding and construction with funding from the Miller Creek Transportation Mitigation Fund. The Project was not constructed due to an inabil ity to negotiate the purchase of needed additional road right-of-way; and 6. WHEREAS, City has annexed portions of the Mil~er Creek Traffic Basin, the existing transportation system, and portions of the Project; and 7. WHEREAS, after annexing the Project area in 1999, City reconstructed roadway within the project area with a new asphalt paved surface, but did not include the full scope of improvements contained in the 1997 design; and 8. WHEREAS, the existing transportation system in the Project area is causing undesirable traffic delays to the residents in the Miller Creek Traffic Basin; and 9. WHEREAS, Dr. C. G. McCarthy, the predecessor in interest to Maloney, contributed $250,000.00 to the Miller Creek Transportation Mitigation Fund, subject to specific restrictions contained in the June 23, 1999 letter agreement (Exhibit The present value of that contribution is $341,332.66 as of October 31, 2007. Dr. McCarthy's sale surviving heir, Shauna Ginter, indicated in her letter of April 20, 2007 that it is her wish that this contribution be used to fund the Project, subject to the original restrictions (Exhibit and 10. WHEREAS, Missoula County has collected $1,800 per lot or dwelling unit into the Miller Creek Transportation Mitigation Fund for approximately 64 lots platted within the Miller Creek Traffic Basin, and totaling $146,387.27 as of October 31, 2007; and 11. WHEREAS, Maloney has platted 327 lots subject to the $1,800 per lot contribution to the Miller Creek Transportation Mitigation Fund and has guaranteed payment of $588,600 secured by a letter of credit to County or City. As of June 30, 2007, Maloney has funded $11,~09 of the initial 1994Traffic Study of the Miller Creek Transportation Basin; and, $2~?,94~,!or the 2007 Traffic Stu~yan~ a portion of the preliminary design. These expensesJ!~"cr:editeQ~gainst tha:~§,JiOO in guarantees leaving a balance due from Maloney\gf.:.$~pJ'J~58; 12. WHEREAS, Twite has platted 173 single-family lots SUbject to the $1,800 per lot contribution to the Miller Creek Transportation Mitigation Fund, and 28 multi-family units subject to the $1 ,440 per unit contribution to the Miller Creek Transportation Fund and has guaranteed payment of $351,720 by providing land as collateral securing the guarantee to the County. As of June 30, 2007, Twite has funded $170,179 for two separate road designs and right-of-way negotiations prior to October 2006; and, $73,607 for a portion of the current preliminary design, landowner meetings, and coordination with the City and County. These expenses are credited against the $351,720 in guarantees leaving a balance due from Twite of $107,934. 13. WHEREAS, City, Maloney, and Twite have agreed that the Project needs to be completed at the earliest possible date; and Page 2 of 7 ---PAGE BREAK--- 14. WHEREAS, City, Maloney, and Twite have mutually determined that the existing .Miller Creek Transportation Mitigation Fund, containing $470,600 as of May 16, 2007, and $659,292 in guarantees does not contain adequate funds to proceed with the construction phase of the project; and 15. WHEREAS, Maloney and Twite presently have submitted subdivisions to the City for preliminary subdivision review. If these subdivisions are approved and contributions are required to the Miller Creek Transportation Mitigation Fund, funds would be available to complete the Project. However, the Maloney and Twite subdivisions have not completed the required review and have not received the necessary approvals for recording the subdivision plats. Prepayment of the per lot contribution to mitigate traffic impacts could provide adequate funds to construct the Project in advance of sign ificant increases in traffic volumes in the Project area; and 16. WHEREAS, the Montana Department of Transportation and the Federal Highway Administration are evaluating the option for alternative access from the Miller Creek Traffic Basin and conducting applicable environmental reviews; and 17. WHEREAS, City has adopted Resolution No. 7038, dated March 13, 2006, which supports no more than a three lane improvement in the Project area; and 18. WHEREAS, WGM Group prepared a traffic report for the necessary improvements in the Project area, dated February 6, 2007 (Exhibit and 19. WHEREAS, WGM Group prepared a 30% design for necessary improvements in the Project area, dated May 18, 2007 (Exhibit and 20. WHEREAS, the City Public Works Department has reviewed and approved the traffic report and 30% design; and 21. WHEREAS, the total cost of the Project was estimated to be $2.25 million as of June 21,2007 (Exhibit and Page 3 of 7 ---PAGE BREAK--- AGREEMENT NOW THEREFORE, City, Maloney, and Twite agree as follows: 1. City will enter into an agreement with Missoula County to transfer the existing funds within the Miller Creek Transportation Mitigation Fund to the City, including the contribution from Dr. McCarthy, subject to the original restrictions (Exh ibit 2. Maloney and Twite will make available the funds that have been guaranteed to the Miller Creek Transportation Mitigation Fund for their existing filed subdivisions. 3. Upon transfer of funds from Maloney and Twite satisfying the amount owed under the guarantees, City will notify Missoula County and Missoula County will release the collateral securing the guarantees of Twite and Maloney. 4. City will utilize its authority for the relocation of utilities and right-of-way acquisition, as required. 5. If Maloney and Twite receive preliminary plat approval and upon filing the first phase of Teton Addition and Linda Vista Estates or the next phase of the previously approved Miller Creek View Addition, Maloney and Twite agree to fully fund construction of the Project, up to the $2.25 million cost estimate, by each equally contributing up to $550,000 beyond what is available in the Miller Creek Transportation Mitigation Fund. (rhese funds will be made available when the construction contract is awarded. In the event that the Project cost is greater than the $2.25 million cost estimate, the City understands and agrees that additional funding will be required from other sources, or construction of the Project will be delayed until there are sufficient funds in the Mitigation Fund. If the Project cost is less than the $2.25 million cost estimate, the remaining funds will be returned to Maloney and Twite upon completion of the project. The advance funds used for construction of the Project shall satisfy the required contribution to the Miller Creek Transportation Mitigation Fund for future lots approved in Teton Addition, Linda Vista Estates, and Linda Vista Acres to the extent of $1,800 per single family lot and $1,440 per multi family unit. 6. In the event the City adopts a Transportation Impact Fee, amounts advanced by Maloney and Twite ($1800.00 per single family lot or $1440.00 per multi-family unit) will be credited towards the amount due under the Impact Fee at the time that a building permit is issued for each unit. In the event that the Impact Fee is less than the amounts contributed per unit by Maloney and Twite ($1800.00 per single family lot or $1440.00 per multi-family unit), the Impact Fee will be deemed Page 4 of 7 ---PAGE BREAK--- to be paid in full for each unit and the City will not be required to refund the amount paid in excess of the Impact Fee. 7. If the Maloney and Twite subdivisions do not receive preliminary approval then the advanced contributions would not be availabl~ and the construction phase would proceed as funds become available through either contributions to the Miller Creek Transportation Fund or through payment of City Transportation Impact Fees. 8. The City will cause the final design, specifications, and contract documents to be completed and will have the project bid and constructed. Prior to bidding and construction, the County will review and approve the plans and specifications for the portion of the work not in the City. The City will not charge an administrative fee to this project. Accurate records shall be kept of all costs associated with the Project formation, design, and construction; and invoices shall be submitted to City for payment from the Miller Creek Transportation Mitigation Fund for ongoing costs after June 30, 2007. Accurate records shall also be kept of all costs paid by Maloney and Twite to cover shortfalls in revenue necessary to complete the Project, to be applied against any payments required as contributions to the Miller Creek Transportation Fund or through payment of City Transportation Impact Fees by Maloney and Twite. 9. Upon completion of the Project and its acceptance by City and County, an accounting report shall be submitted for the total Project costs and revenue sources. City and County will review the accounting report and issue to Maloney and Twite the following: An accounting of the number of lots that Maloney and Twite will be credited, at $1,800 per single-family lot and $1440 per multi-family unit for prepayments over and above the money currently on hand, to cover the financial shortfalls necessary to complete this construction project. Page 50f7 ---PAGE BREAK--- IN WITNESS WHEREOF, City, County, Maloney, and Twite have set their signatures and seals the day on this instrument first above written. MALONEY: :;LONEYp\c;tLLC Title: pAeft{b6J- STATE OF ;J fI County of «.,oN 2L)o8 This instrument was acknowledged before me on this L.5 day of TqY>..uf"G(~ by I ~ro·J , known to me to be the . of Maloney P operties, LLC. Notary Public for the State of Residing at: P! C'EAL My Commission Expires: Printed Name of Notary Public: TWITE: 1i~5 This i trum nt as acknowledged before me on this::'~ L) day a by t.1. 'UlI t known to me to be the ?1?IJ /1 of Lloyd Ai; wite Family Partnership. /A 7II ~&4hc' ~ UJ /f/J . Notary Public for the State of _ ' KAREN R. WILSON R'd. t ~~JNoTARiALr;\ NOTARYPUBUCMONTANA eSI Ing . . _ ~ SE':L'\~J Res/(fmgatMissouIa.MonI8na My Commission Expires: MyCon1m.ExplresQct 18, 2009 Printed Name of Notary Public: Page 6 of? ---PAGE BREAK--- .CITY: Page 7 of 7 ---PAGE BREAK--- ---PAGE BREAK--- Exhibit B February 6, 2007 Steve King, Public Works Director City of Missoula 435 Ryman St. Missoula, MT 59802 RE: Traffic Analysis of Miller Creek Road Improvements Dear Steve: At our meeting on January 24th you requested that analysis be prepared showing the level-of- service (LOS) for interim buildout and full buildout traffic volumes at the north intersection, under two intersection improvement concepts. The purpose of this letter is to present that analysis for your consideration. Development of Traffic Volumes WGM Group, Inc. (WGM) conducted manual traffic counts to determine the level of existing traffic at the subject intersection in July 2006. The existing peak-hour traffic volumes identified by these counts are illustrated in Figure 1. (All figures are included as enclosures to this letter). WGM then estimated the peak-hour traffic that will be added to the subject intersection by pending development proposals. This process required that the number and type of housing units to be constructed in each development be estimated. Table 1 shows these estimates for each of the remaining undeveloped properties in the Miller Creek traffic drainage. Table 1: Projected Levels of Development Total Units % % Single Family Townhome Maloney 800 60 40 Twitte 660 60 40 Lemm 85 100 0 Hunters Ridge 14 IUU v Boggess & Ginter 320 60 40 Harland & Stanford 290 60 40 ---PAGE BREAK--- King February Page 2 of 4 The Institute of Transportation Engineers (ITE) Trip Generation report (ih Edition) was used to estimate the number of AM and PM peak hour trips that will be generated by each of these ,developments. The results of these calculations are shown in Table 2. Table 2: Development-Generated Trips AM Peak Hour PM Peak Hour Enter Exit Enter Exit Maloney 109 368 382 214 Twitte 91 308 322 181 Lemm 17 52 59 34 Hunters Ridge 5 15 12 7 Subtotal 222 743 775 436 Boggess & Ginter 47 160 171 96 Harland & Stanford 43 147 157 88 Total 312 1,050 1,103 620 WGM then assigned the development-generated peak-hour trips through the north intersection based on the most likely route from each development given the location of the development relative to Upper and Lower Miller Creek Roads. Two assignments were made. The first represents those developments that have reasonable certainty of being approved and constructed in the near term (Maloney, Twitte, Lemm, and Hunters Ridge). These interim buildout development-generated traffic volumes are shown in Figure 2. The second assignment included all of the developments listed in Table 2. This full buildout development-generated traffic volume is shown in Figure 3, which is included as an enclosure with this letter. The interim buildout development-generated traffic was combined with the existing traffic resulting in the interim build traffic volume shown in Figure 4. Similarly, the total buildout development-generated traffic volume was combined with the existing traffic resulting in the total build traffic volume shown in Figure 5. Figure 6 shows a percentage breakout of the traffic volumes projected at the north intersection at full area buildout. Intersection Analysis The interim buildout and full buildout traffic volumes show in Figures 4 and 5 were analyzed to determine the projected delay and LOS at the north intersection. Two intersection configurations were modeled. The first configuration had one left-turn lane eastbound on Lower Miller Creek Road, one through lane northbound on Upper Miller Creek Road, and one through lane southbound on Miller Creek Road, each controlled by a two-phase semi-actuated traffic signal. The southbound right-turn from Miller Creek Road to Lower Miller Creek Road occurs in a separate free-flow lane (approximately 400-feet long) under this configuration. ---PAGE BREAK--- King, February Page 3 of 4 The second configuration differs from the first on the northbound Upper Miller Creek Road approach only. In this configuration the northbound through lane is channelized around the traffic signal and is free flow. The eastbound left and southbound through movements remain under the control of the traffic signal. The capacity analysis results are summarized in Table 3 for intersection configuration 1 and in Table 4 for intersection configuration 2. Table 3: North Intersection Configuration 1 LOS Summary Peak AM Hour Peak PM Hour Interim Build Full Build Interim Build Full Build Traffic Traffic Traffic Traffic Volumes Volumes Volumes Volumes Delay LOS Delay LOS Delay LOS Delay LOS Eastbound Left* 41.8 D 94.3 F 29.8 C 40.3 D Northbound Through 43.6 D 86.7 F 16.3 B 17.7 B Southbound Through 20.3 C 21.0 C 27.3 C 44.6 D Delay is measured in seconds per vehicle. *The existing delay on this intersection movement under today's volumes and stop-sign control is between 34 and 37 seconds during the peak hours. Table 4: North Intersection Configuration 2 LOS Summary Peak AM Hour Peak PM Hour Interim Build Full Build Interim Build Full Build Traffic Traffic Traffic Traffic Volumes Volumes Volumes Volumes Delay LOS Delay LOS Delay LOS Delay LOS Eastbound Left 25.1 C 29.9 C 29.8 C 40.3 0 Southbound Through 24.7 C 30.1 C 27.3 C 44.6 0 Delay is measured in seconds per vehicle. Analysis of the interim build traffic under intersection configuration 1 was previously submitted by WGM to the City of Missoula in relation to this project. That earlier analysis showed iower levels of delay in the AM peak hour due to two primary factors. First, the earlier analysis assumed 12-foot wide lanes, whereas the current analysis reflects the 11-foot lanes currently being designed. This change results in delay increases of 3.5 to 5.5 seconds in the AM interim build configuration 1 analysis. Second, the earlier analysis assumed a maximum of 3% approach grades, whereas the current analysis reflects the five to six percent approach grades ---PAGE BREAK--- that will be included in the final design. This change results in increased delay of 2 seconds on the eastbound approach. We look forward to discussing this traffic analysis with you during our meeting scheduled with the City of Missoula Public Works Department on February 8th . , Sincerely,uZ/ Mark Bancale, P.E. Senior Traffic Engineer Enclosures cc: Kevin Siovarp Greg Robertson Gilbert Larson W:\Projects\070420\Docs\Trans\020607King.doc ---PAGE BREAK--- I 'North Legend AM(PM) Figure 1: 2006 Existing Traffic Volume Miller Creek Road Lower Miller Creek Road Upper Miller Creek Road ---PAGE BREAK--- Miller Greek Road I North Legend AM(PM) Lower MUler Cre'ek Road Upper iMiHer Creek!Road ---PAGE BREAK--- Figure 3: Total Buildout Development-Generated Traffic Volume :M:iller 'Greek Road North Legend AM(PM) Lower Miller :Creek Road Upper iMiller Greek :Road ---PAGE BREAK--- Figure 4: Interim Build Traffic Volume Miller Greek !Road 1 ! North Legend AM(PM) Lower iMi'ller Creek Road Upper :MU1er CreekiRoad "'These 'movements will not be aocommodated underithe improved intersection design. A roundabout ,at Briggs Street Is one possibil:ity for accommodating these ;miinor tr.affic volumes.. ---PAGE BREAK--- Figure 5: Total Build Traffic Volume .MHler Creek Road I North Legend A:M(IPM) Lower MiUer Creek iR:oad Upper·M'iller Greek:Road *ThesemovementswUl not be .accommodated under the i:mproved !r'filtersection design. A roundabout at Briggs Street is one possibility for ,acco:m.modating these minor traffic volumes. ---PAGE BREAK--- Figure 6: Source of Traffic at North nyn at Full Area Buildout .AM Peak EExisting Peak Hour Traffic Gount ·ffiI.Maloney Twitte Lemm Hunters £Il: ~~:mgg7 313& 10+00 ---PAGE BREAK--- Opinion of Probable Cost Exhibit D Project: Project No.: Prepared By: Date: Description: Miller Creek Road Improvements 07-04-20 TI/JWK June 21, 2007 Road Improvrnents lor Miller Creek Road Briggs Street to Mockingbird Way V;lli.l;n"l °i:l7l"lJl Item Number Description Quantity Unit Unit Price Total Miller Creek Improvements 1 4" Thickness of Asohal! Concrete Pavement - Surface Course 10,000 SY $ 15.00 $ 150,000.00 2 2" Minus Crushed Sub Base Course 2,336 CY $ 30.00 70,080.00 3 4" Thickness of 3/4" Minus Crushed Base Course 10000 SY $ 4.00 40,000.00 4 Combined Concrete Curb and Gutter 4,600 LF $ 15.00 69,000.00 5 New Concrete Sidewalk 22000 SF $ 4.00 88,000,00 6 Retainino Wall 5BO SF $ 50,00 29000,00 7 Guardrail 1,074 LF $ 26,12 26,052,88 8 Fence - Chain Link 75 LF $ 15.00 1,125.00 Subtotal $ 475,257.88 Upper Miller Creek Improvements 9 4" Thickness of Asphalt Concrete Pavement· Surface Course 3100 SY $ 15.00 $ 46500.00 10 2" Minus Crushed Sub Base Course 778 CY $ 30.00 23340.00 11 4" Thickness of 3/4" Minus Crushed Base Course 3,100 SY $ 4.00 12.400.00 12 Combined Concrete Curb and Gutter 1,800 LF $ 15.00 27,000.00 13 New Concrete Sidewalk 9,000 SF $ 4.00 36,000.00 14 Retainina Wall 300 SF $ 50.00 15,000.00 15 Guardrail 442 LF $ 26.12 11,545.04 Subtotal $ 171,785.04 Lower Miller Creek Improvements 16 4" Thickness of Asphalt Concrete Pavement - Surface Course 1700 SY $ 15.00 $ 25500.00 17 2" Minus Crushed Sub Base Course 450 CY $ 30,00 13,500,00 18 4" Thickness of 3/4" Minus Crushed Base Course 1700 SY $ 4.00 6800.00 19 Combined Concrete Curb and Gutter 1,000 LF $ 15.00 15,000.00 20 New Concrete Sidewalk 2,500 SF $ 4.00 10000.00 Subtotal $ 70,800.00 21 Excavation Above Subarade 18297 CY $ 6.05 110696.85 22 Storm Drainaae 1 LS $ 149000.00 149,000.00 23 Trafflo SiQnal 1 LS $ 135600.00 135,600.00 24 Sionina & Stripino 1 LS $ 25,000.00 25,000.00 25 Liahtino 1 LS $ 17,150.00 17 150.00 26 Landscapina 1Restoration 1 LS $ 100,000.00 100000.00 27 Finished Grade Control 10200 CRFT $ 0.58 5916.00 28 ClearinQ & Grubbino 1 LS $ 10,000.00 10,000.00 Subtotal $ 553,362.85 Subtotal $ 1,271,205.77 29 Traffic Control 8% $ 101,696.46 30 Mobilization 8% $ 101,69646 31 Miscellaneous Items 10% $ 127130.00 32 Construction ContinQency 10% $ 127130.00 Construction Total $ 1,728,858.69 Right-of-Way 33 Riaht of Wav Acauisltion • Land Cost 107717 SF $ 2.20 $ 236977.40 Appraisal & Acquisition Services $ 60,000,00 Right-of-way Total $ 296,977.40 Utility Relocation 35 IUtilitv Relocatian Cast Share $ 36 IUtility EnoineerinQ $ I Utility Total $ EnQineering Services 37 Final Desian Enaineerina Services $ 76,400,00 38 Construction Enaineerina Services $ 140,000.00 Totat Engineering Services $ 216,400.00 I I I Total $ 2,242,236.09 Notes: 1 Appraisal, acquisrtion services, and legal tees to be determined. 2 Assumption is that utility reiocation cosis will be paid 100% by the utility companies. 3 Estimated cost based on current project scope. Project No. 07·04-20 7/13/2007 Preliminary Cost Estimate,xls ---PAGE BREAK--- EXH1!B~T E June 23" J999 Iv1is50ula CO'lmty CommissJ:DTi13I$ :~vliS$oJjla C{Jurrty em:uthoUl'5e !\1i5smda" l~r 59802 lRE: 'dvElkr C:reek Bridge Trost fund AJj ynu knuOVi'-.. 1 hove believed faT a ftong tirne iu!he neces:s~ty ('Jfa hrridge acn~l'SS fue Biil,JieTIn:Qit River to provide ·i'1,'iYCeSS to !vfiiller C:reekresidents. \Vhera the ~12l011ey &'1lch lvas snhJ11:D Roy Prock~ 1made a:rraog:ements 1'0 hold back certain funds to go toward 1:l1e CO:DJ!Stn:.U;ti0111 ofsuch a brio)g:t:* It 15 my' urnderstam.llihlg tinatl\lissou3a is inlhe )j]:HJCeSS 'Dfe.'St:ablisfrling,:.B bridge fund in :order to h-ave a sepamt:e1y-identil1ie,d fund irn '~\~ltich to d'epDsitt reies paid by developers to mitigate Urcauspfirtattion problems. Thebrlogie w~H n:ecessari~y TJleerl to have provisioif:!S iu it Tegarding; piid111mng aTIld de.'5ign of ab1firlg·e.HIl~wie"{er,I am mter.es1erl primarily macma'll ,construction ofa al1:~ smce larn making a V:Ql1.:aHtaF)o/ cDTIt.ribuiinn to that effort) vviH impos:e the foBOlwamg restriddon:son gift of$25iCYJH]\} to Missoula CODn![y; 1. Tb:efundsmay be used iforc:onstruction ofa rGlarl"Jv:~y and bridge o¥er the Bs:tterr.oot River 10COJUlecl,tJ1e }\;:1iHer Creek ,area wath i-ligin1lTBJ '93 shaH be used for enginee:ring an.rl consitruciaon :cn5ffi ofthe 'hridge rrtseif, and [nay iDDt he llll,serl fur ,ofrighl-Df.-\llay~ OT lor pl:&Jl1hJlg. 2. If 2. hridge caooot be successfuBy fund,ed ,anti :cD11]ple{~ecl by De.cemtrer 31~ 2:020. :then this gif1t, iDg:ether with interest" shaU be uHaized fUT lemerrt5 to sevter systems; Vl£lfL,er :systems or other such infrastructure (but ex.d'llding a:cqruisitJ,r:m of-way and repair ZfH) ma~n:at ofa bridEe pay be proh:l1':itiv-e. The stud), also potentia! impro~Cli'1'lenl:s1hB1 could hemadeto Miiler Creek Rum! mc1utiing llie'Pf)ssibillity m~~s a tmftir.:: iigb:t~ m:dm~~ $~exs! oo~ti,ng bi:c)iCle IDes,end :aid$'1UID3 to the tr4d'fic l.COO:1emm. My falber wam:ted·to help improv:e tihe ~ort£ilioo'to> tht Miller'Greek m:ca. It'was!WI his intent fum tbefunds he(cioomibuteli would 8;U~ S"mee1he srodies thatha.\i"ebeen completedappear tl) be r.eco:mmenm:ng different father ren\'isioned, ~.owd 6k1e kl';see his helpfund ftle pmp1)ieo improvements to MinerCteek'Road ami thepropcrsed stt?ee11i,gb,t '10 bemstaUed ·at :the ifl~tiO.'1l,\1tbLower Miller ~eek R,iood. in!hie·odgmm'tdfertt it is request~d that none·ofthese funds be used for fue acguisilion ofright·ofVYittymid that noneofthe funds be used fur any,~~rt~~ The fun:ds msy ol1l1y be used fur tlu.'t costs·of;mIJ.Itwemenw to the str:eels~ ---PAGE BREAK---