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DRAFT 6/25/2010 INTERLOCAL AGREEMENT-Mullan & Reserve Intersection Improvements Page 1 of 3 Return to: City Clerk City of Missoula 435 Ryman Street Missoula MT 59802-4297 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MISSOULA AND THE COUNTY OF MISSOULA RELATED TO MULLAN ROAD AND RESERVE STREET INTERSECTION 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 the intersection of Mullan Road and Reserve Street (hereafter “Project”), 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 administer and implement the Project. 2. Recitals. 2.1 The Project referenced herein is for improvements to the intersection of Mullan Road and Reserve Street, including design and reconstruction of the Mullan Road/Reserve Street Intersection as shown in the Preliminary Design attached as Agreement Exhibit A. 2.2 In 2005 the County established the Mullan Road Corridor Mitigation Fund as mitigation of associated traffic impacts on existing roads by new subdivisions within the Mullan Road Corridor. The Mullan Road Corridor Mitigation Fund is as follows: residential subdivision lots are required to contribute $1,045 per single-family residential lot with all others being the converted to a residential equivalent, payment of which satisfies the required transportation mitigation associated with subdivision approval. 2.3 The present value of the Mullan Road Corridor Mitigation Fund held by the County is $336,126.00 as of July 1, 2010. 2.4 The City has annexed subdivisions in the Mullan Road Corridor for which the Mullan Road Mitigation Fund was collected by the County. 2.5 The majority of the Project area now lies within City jurisdiction. 2.6 Management of the Project by multiple public entities would be inefficient, and is not in the public interest. ---PAGE BREAK--- DRAFT 6/25/2010 INTERLOCAL AGREEMENT-Mullan & Reserve Intersection Improvements Page 2 of 3 2.7 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 Mullan Road Corridor Mitigation Fund. 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 upon receipt of a City invoice, pay to the City an amount not to exceed $300,000. The City shall provide adequate documentation to validate all expenditures being claimed. It is mutually agreed that the cost of administration including City staff time and related indirect costs are not eligible for reimbursement. 3.2 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 attached as Agreement Exhibit A, and consistent with one of the design choices Designs depicted therein. 4.3 The Project shall be completed within two years of the date of this Agreement. 5. Term of Agreement. This Agreement shall be in effect for number 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 in accordance with the terms of this Agreement within number 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. 7. Filing of Interlocal Agreement. Pursuant to the requirements of §7-11-107, MCA, the parties agree that this Agreement shall be filed with the Missoula County Clerk and Recorder. ---PAGE BREAK--- DRAFT 6/25/2010 INTERLOCAL AGREEMENT-Mullan & Reserve Intersection Improvements Page 3 of 3 APPROVED BY MISSOULA COUNTY, by the Missoula County Board of County Commissioners this day of 2010. ATTEST: MISSOULA COUNTY BOARD OF COMMISSIONERS Vickie Zeier, Clerk and Recorder Michele Landquist, Chair APPROVED AS TO FORM AND CONTENT: Bill Carey, Commissioner James McCubbin, Deputy County Attorney Jean Curtiss, Commissioner APPROVED BY THE CITY OF MISSOULA this day of 2008. CITY OF MISSOULA ATTEST John Engen, Mayor Martha L. Rehbein, City Clerk APPROVED AS TO FORM AND CONTENT: Jim Nugent, City Attorney