Assistant Director - Public & Special Projects
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Work Location: Omaha, NE
Closing Date:
August 12, 2010
Basic Purpose of Job:
This position has line and budget responsibility for coordinating and managing the Real Estate Department's role in public projects as well as directing other special, complex, high profile and/or time-consuming issues.
The position assumes leadership for the complex projects involved when highways or related facilities cross or encroach on Railroad right of way with Law, outside legal counsel, Engineering, and the local, state and/or federal agencies involved. In addition, the position is responsible for managing our licensor interests in signboards as well as new signboard project and our third party management of our mineral rights.
This position is assigned to the Real Estate area within the Finance Department. This position will be filled at a band C level. The position will report to Jim Gade, Dir Contracts.
Successful Real Estate band C candidates typically have at least 5 years of proven business experience at a high performance level. Exceptions have been made for those with less experience who have demonstrated outstanding performance and superior leadership skills.
| Accountabilities: |
Lead and Direct Public and Special Projects Group. Be fully cognizant of current Railroad policies, particularly those relating to safety and long range planning; and ensure they are adhered to within the Group. Manage day to day issues relating to the Group to ensure compliance with Railroad personnel policies, and prepare reports and budgets related to activities of direct reports.
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Orchestrate Litigation. Vigorously defend the safety, integrity and property rights of the Railroad; research, develop and prepare responses and position of Real Estate in close concert with Law and outside counsel to respond to (or initiate) litigation (or threat of litigation); assist in preparation for trial and/or writing settlement agreements resulting from such activity; and ensure equitable compensation.
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Manage Third party agreements
Signboard Licenses. Negotiate and orchestrate repurchases and other issues associated with our contractual obligations to Clear Channel Outdoors (CCO): identity opportunities to develop significant new revenue from signboards; ensure that the Real Estate Department is prepared to deal with the potential return of these licenses from CCO in 2022 ($10-15 in 2010 revenue); explore the possibility of a transitional agreement with CCO; and determine if additional in-house staff will be required and can be cost-effectively maintained to support these initiatives.
Mineral Management. Work with third party mineral manager (currently Farmers National) to optimize revenues from lease or sale of mineral rights and collection of royalties; maintain full awareness of the complex legal issues related to mineral rights (particularly severed rights) and the history of land acquisition by our predecessor railroads; orchestrate rebidding of the mineral contract on expiration; and determine if additional in-house staff will be cost effective to support and expand our revenues from mineral rights.
Utility Master License. Lead negotiations with Strong and/or the sublicensees in disputes and repurchases and coordinate with Sales. From time to time, Director Contracts will assign responsibility for managing the aspects of "Strong" agreement and sub-licenses to either the Special Projects or the Utility Group based on workload, staffing and timing. The overall objective is to be prepared for the return of these agreement (generating approx. $6.3M in 2010) to the Railroad in 2026.
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Manage Agreement Preparation. Maintain full familiarity with the numerous variations on standard agreements that have been negotiated with and approved by Law in prior agreements with public agencies and approve appropriate modification to current agreements processed by the Group in consultation with Law. Work with Asst Director, ROW Contract to develop utility master agreements with the objective of streamlining the preparation of agreements with frequent licensees. Work with Law and Engineering to coordinate with state agencies to standardize agency agreements to the extent practicable.
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Coordinate with Sales. Coordinate activities with Real Estate Sales and/or Network and Industrial Development group on major line or property sales regarding signboard, utility, roadway or other agreements managed by the Contract Group and work to resolve any outstanding issues.
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| Required Education, Training, Experience or Skills: |
A Bachelor Degree in Finance, Accounting, Pre-law, Real Estate, Business, Engineering or related field.
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| Preferred Education, Training, Experience or Skills: |
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5 year(s) experience / knowledge of the following legal areas ; general familiarity with the legal aspects of the Interpretation and enforcement of contract law, real estate law, condemnation law, title opinions and regulatory requirements.
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5 year(s) experience / knowledge in Real Estate . Drafting and negotiating complex Real Estate agreements including leases, licenses, and deeds with customers, clients, vendors and other railroads. Managing of condemnation processes including direct negotiation with public agencies, coordination with retained and in-house counsel, drafting legal provisions, deposition and court testimony as required.Managing and negotiating provisions of ongoing long-term complex third party contracts.Working with and?being fully literate in?construction documents (plans and specifications), maps (particularly railroad maps), legal descriptions and surveys.
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Advanced financial skills . Ability to produce an accurate and precise work product. Demonstrate working knowledge of income reporting, financing rules and related policies of the railroad. Also knowledge about financial valuation modeling, including NPV, discounted cash flow analysis, capitalization rates and usage, rates fo return, and return on investment calculations.
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