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Keyline Bus West End Transfer Agree D~~~E ~~~ MEMORANDUM November 14, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: West End Transfer Site for KeyLine Economic Development Director David Heiar recommends City Council approval of an easement agreement with William Oldfather of Oldfather Financial Services, owners of the Econo Food property, for a bus shelter on the Econo Foods site located at Kennedy Circle. I concur with the recommendation and respectfully request Mayor and City Council approval. ~)1'1l. I) L~ . l. flr),'~ Mic ael C. Van Mllllgen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director THE CITY OF l~", _~~-\ [)ulmQLJ~f~:~ ~~~ MEMORANDUM November 14, 2006 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development DirectorCkJ~ SUBJECT: West end transfer site for Keyline Keyline Transit Director Jon Rodocker recommends that you forward to the City Council the attached easement for a bus shelter on the Econo Foods site located on Kennedy Circle. This would replace the temporary transfer site (at Pasadena and Hillcrest) established in April 2006 when Kennedy Mall no longer allowed the use of their property as a transfer site. I concur with the recommendation and respectfully request you submit the easement to the City Council for approval. 5D~~E ~<k.~ MEMORANDUM November 13, 2006 TO: FROM: Dave Heiar, Economic Development Director Jon Rodocker, Transit manager SUBJECT: West-End Transfer location INTRODUCTION After several months of discussion, William Oldfather of Oldfather Financial Services, owners of the Econo Food property and building on Kennedy Circle, signed the easement agreement from the City of Dubuque, granting KeyLine permission to construct a 6' x 13'concrete pad and a 5' x 12' shelter on the south side of their property . BACKGROUND Since April, 2006 KeyLine has relocated the west end transfer location to Pasadena and Hillcrest due to Kennedy Mall's request that we no longer use their parking lot as the transfer location. Many alternate locations were considered for the west end transfer site. KeyLine needs to establish a safer; more accessible transfer location as soon as possible for the Red, Green and Gray Lines. Locating the transfer site on Kennedy Circle by Econo Foods is more beneficial to Keyline customers and this location would offer KeyLine a "public" road surface for the standing of the buses during the 5-10 minute window needed for transferring. ACTION REQUESTED If you and the City Manager agree with my recommendation, please forward the attached easement to City Council for approval. Oldfather Financial Services Registered Investment Advisor 2033 Central Avenue P.O. Box 1775 Kearney, NE 68848 William Oldfather Investment Council www.oldfather-financial.com 308-237-4571 800-977-4571 email: bill@oldfatherfinancial.com Jon Rodocker KeyLine Transit 240 I Central Avenue Dubuque, IA 52001-3302 October 12,2006 Mr. Rodocker, Enclosed is the easement agreement we discussed for the Econofoods property. Please send me a copy of the agreement after it is executed by the City. If you have any questions please call. Sincerely, ~...,:/~- William Oldfather WCM and G&A LLC's Fee-Only Investment Management and Financial Planning EASEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND G &A LLC & WCM LLC THIS EASEMENT AGREEMENT ( "Agreement "), dated for references purposes the 11 day of October, 2006, by and between G&A LLC & WCM LLC, a Nebraska Limited Liability Company (LLC), of P.O. Box 1775 Kearney Nebraska 68848 ( "G&A LLC & WCM LLC ") and the City of Dubuque, Iowa (City), an Iowa municipal corporation, 50 West 13 Street, Dubuque, Iowa 52001 ( "City "). 3. Insurance and indemnification. WINESSETH: WHEREAS, G &A LLC & WCM LLC is the owner of record on the property as shown on Exhibit A ( "Property "); and WHEREAS, City operates a bus system which would like to use a portion of the Property to install a shelter serving as the West End transfer site; and NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. Easement. G &A LLC & WCM LLC grants to City and City's employees, agents and contractors a nonexclusive easement and right -of -way upon, over, across and through the portion of the Property shown on Exhibit A ("Easement Area "), to be used solely for the installation and operation of a bus shelter to serve as the West End transfer site. 2. Use of Easement Area. City's use of the Easement Area will not, in G&A LLC & WCM LLC sole opinion. negatively impact Econo Food's use of the Property, including the Easement Area. City is a member of the Iowa Communities Assurance Pool (ICAP) and City's coverage with ICAP includes contractual indemnification. City agrees to provide such contractual indemnification coverage during the term of this Agreement. City shall deliver to G &A LLC & WCM LLC a certificate of coverage evidencing that City has obtained the coverage required under this Agreement. City shall deliver to G &A LLC & WCM LLC a replacement certificate or a renewal certificate at least 30 days before the coverage required under this Agreement is to expire. By: By: City shall indemnify and defend G &A LLC & WCM LLC against any and all loss, cost, damage, claim, liability and expense of any kind (including attorneys' fees, costs of investigation, experts' fees, court costs and settlement costs) incurred by G &A LLC & WCM LLC relating to any damage or injury occurring at, on or about the Property as a result of the negligence of City, its officers, agents or employees. 4. Term and Termination. This Agreement shall be an annual agreement with automatic renewal and may be terminated by either party with sixty days written notice to the other party. 5. Amendment. Except as otherwise provided in this Agreement, neither this Agreement, nor any provision, covenant, condition nor restriction may be extended, modified or otherwise amended without the express written consent of both G &A LLC & WCM LLC and City. 6. Failure to Enforce is No Waiver. The failure of G &A LLC & WCM LLC or City to enforce any requirement, restriction or easement here contained shall in no event be deemed to be a waiver of the right to do so thereafter or in other cases, or the right to enforce any other restriction. Nothing here contained shall be deemed to be a gift or dedication of any portion of the Property to or for the general public or for any public purposes whatsoever, it being the intention that this Agreement shall be strictly limited to and for the purposes here expressed. G&A LLC & WCM LLC and Cit y shall take such reasonable measures as may be proposed by either party, including periodically restricting access to a portion of the Easement Area (not to exceed 24 consecutive hours) to prevent the creation of any dedication or right of use in favor of the public. 7. Binding Effect. This Agreement and the terms and conditions here contained shall be binding upon the successors and assigns of G &A LLC & WCM LLC and City. IN WITNESS WHEREOF, G &A LLC & WCM LLC and Ceyline have executed this Agreement the day and year first above written. G &A LLC & WCM LLC, a ebraska Limited Liability Corporation (LLC) Alan Oldfather ::.='ana er &A LLC Date October 11, 2006 Date October 11, 2006 Willia Oldfather Manager lI ICM LLC STATE OF Nebraska, BUFFALO COUNTY ss: On this e L of fi c t , 20 ‘, before me, a Notary Public in and for said county and state, personally appeared William Oldfather and Alan Oldfather, to me both personally known, who stated that he is the Manager of G &A LLC & WCM LLC respectively and who acknowledged the execution hereof to be his voluntary act and deed and the voluntary act and deed of said corporation. ublic, Mate of Nebraska By: Date: GENERAL NOTARY - State of Nebraska MEGAN A. BREWSTER !fir Comm. Exp. March 17, 2010 CITY OF DU WA, an Iowa municipal corporation Its: /,/tri STATE OF IOWA, COUNTY OF DUBUQUE ss: this before me, the undersigned, On the g , a Notary Public in and for the tat of Iowa, personally appeared Roy D. Buol aatet Jeanne --F ohn itler, to me personally known, who, being by me duly sworn, did say that they are the Mayor a eitr , resi3eetive4y, of the City of Dubuque, Iowa; a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as c-entained 4n Resolution - No . * e city Cou it m-the ; and Roy D. Buol and-- Schneider acknowledged the execution of the instrument to be their vo i tary act and deed and the voluntary act and deed of the corporation, by it voluntarily e ecuted. Notary Public, State of Iowa a SUSAN M. WINTER COMVSSlON NO.183274 ;MY COMMISSION EXPIRES ❑ � 2/14/08 ~ -' ~ '!:. E 'V' -' " ') :J ~ '} 1- CJ , ;. 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