Keyline Bus West End Transfer Agree
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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.
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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~", _~~-\
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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.
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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,
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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
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