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MOU Roundabout on Stillwater RoadMEMORANDUM OF UNDERSTANDING between: State of Montana, Department of Natural Resources and Conservation and The City of Kalispell, Montana concerning: Providing Financial Security for the construction of a Roundabout on Stillwater Road I. Purpose. The City of Kalispell, Public Works Department and the State of Montana, DNRC, agree that, as a condition of final plat approval for the Timberwolf Phase I -A Subdivision, they should enter into an agreement to secure the financial requirements of constructing a roundabout traffic structure on Stillwater Road which is to be constructed when Farmstead Parkway is fully constructed. The parties agree that DNRC should be obligated to pay for one half of the roundabout structure and that it currently has sufficient funds for such obligation. However, it does not possess sufficient funds to provide for both construction of its portion of the roundabout and to post a performance bond for the construction of the roundabout traffic structure. Consequently, the City of Kalispell and the Montana DNRC seek by this MOU to come to an understanding whereby financial guarantees may be given to ensure that the roundabout traffic structure is constructed. II. Objective. The purpose of this Memorandum of Understanding (MOU) is to establish an agreement between the Montana DNRC and the City of Kalispell to financially guarantee the construction of DNRC's portion of the Stillwater Road roundabout traffic structure, and to address any responsibility that DNRC may have for the construction of the roundabout traffic structure. III. Authority. This memorandum is entered into under the following authorities: The funds referred to in this MOU were appropriated in the 2007 May Special Session, House Bill 4 , 76-3-501 MCA, and 28-08-06 KINK. DNRC, through the Department of Administration under Section 17-7-211 (b), MCA, has obtained spending authority for these funds through a budget amendment for $499,696.88 ,within fund 02450. IV. Procedure. A. Montana DNRC Responsibilities 1. DNRC agrees that a roundabout traffic structure will need to be constructed if Farmstead Parkway is fully constructed. DNRC hereby agrees that it is responsible for the payment of one half of the total costs of construction of the roundabout traffic structure. DNRC shall therefore convey its project budget appropriations in the amount of $499,696.88, as set forth in the Final Cost Estimate set forth in Exhibit "A", to the City of Kalispell upon receiving written notice from the City that the Farmstead Parkway/Stillwater Road intersection project has been committed. 2. DNRC further agrees that it hereby waives all right to protest the creation of a Special Improvement District as authorized by Title 7, Chapter 12, Part 41 MCA, or any right it may have to an agency exemption from the obligations of a Special Improvemr.ent District to the extent that the District is created to pay the costs of constructing one half of the above described roundabout traffic structure not otherwise secured in Paragraph IV(1) above. B. Cit of Kalispell Res onsibilities 1. Upon receipt of the appropriation funds described above from. the Montana DNRC, the City of Kalispell shall complete Montana DNRC's construction responsibilities for the roundabout traffic within one year of receipt of the funding and DNRC shall be excused from any further responsibility for its construction. V. Administration. Modifications to this MOU may be proposed by either party and shall become effective upon the written approval by both parties. Changes to this MOU must be initialed and dated on each replacement page by an authorized agent of each party. This MOU will become effective upon signature of all of its participants. DATED thi YSeptember, da of 2008. CITY OF KALISPELL (: : )�-� Y. J es H. Patrick City Manager MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Mary Sex on Director 2