Ordinance 035-19RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO Form 6220S
Ordinance No. 35-19 Passed
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO A DEVELOPMENT AND
REAL ESTATE PURCHASE AGREEMENT TO
CONVEY THE PROPERTY LOCATED AT 7001
DUBLIN PARK DRIVE TO CHILLER LLC AND
AUTHORIZING THE EXECUTION OF VARIOUS
RELATED DOCUMENTS.
WHEREAS, the City of Dublin ("'the (_"ity") owns 7.443 acres, more or less, with
an address of 7001 Dublin Park Drive, Dublin, Ohio 43016; and
WHEREAS, in 1993, through a public-private partnership between the City and
Central Ohio Ice Rinks ("COIR"), the City provided the 7.443 acres of land and
COIR funded, developed and has operated a two -rink ice skating facility, with
the right to operate the skating facility for 25 years; and
WHEREAS, under the original agreement, the ground lease would expire after
25 years and ownership of the ice-skating facility would subsequently transfer
to the City; and
WHEREAS, the original lease agreement expired as of September 26, 2018,
and a one-year extension was granted by City Council in September 2018 by
Resolution No. 48-18; and
WHEREAS, the purpose of the extension was to explore and define the terms
and conditions necessary to enable the facility to continue to provide this
important recreational programming and better meet the growing demand; and
WHEREAS, the continued operation of the Chiller ice skating rink in Dublin,
Ohio (hereinafter the "Dublin Chiller") benefits the community by providing this
unique recreational facility and its ice -related programming to a wide array of
Dublin area residents, stakeholders and members of the Dublin City School
District, while requiring no additional operational and financial commitment
from the City since its opening; and
WHEREAS, for the continuation of youth and adult hockey and figure skating
programs, recapitalization and renovation of the existing facilities, and possible
expansion of the Dublin Chiller ice skating complex, Council desires to transfer
the ownership of property at 7001 Dublin Park Drive, Dublin, Ohio to Chiller LLC
(""the Purchaser") under the terms outlined in the attached Development and
Real Estate Purchase Agreement.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring, that:
Section 1. Authorization of Agreements. The Development and Real Estate
Purchase Agreement by and between the City and the Purchaser, in the form
presently on file with the Clerk of Council, is hereby approved and authorized
with such changes therein not inconsistent with this Ordinance and not
substantially adverse to this City and which shall be approved by the City
Manager.
The City Manager, for and in the name of this City, is hereby authorized to
execute the foregoing agreement, provided further that the approval of changes
to any such agreement by that official, and their character as not being
RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO Form 6220S
Ordinance No. 35-19
Passed Page 2 of 2
substantially adverse to the City, shall be evidenced conclusively by the
execution thereof. This City Council authorizes the City Manager, for and in the
name of the City, to execute any amendments to the agreement, which
amendments are not inconsistent with this Ordinance and not substantially
adverse to this City.
Section 2. Real Estate Transfers. The City Manager is hereby authorized to
execute any and all agreements and other instruments necessary to implement
the real estate transaction contemplated in the attached Real Estate Purchase
Agreement.
Section 3. Further Authorizations. This City Council further hereby authorizes
and directs the City Manager, the Director of Finance, the Director of Law, the
Director of Development, the Clerk of Council or other appropriate officers of
the City to prepare and sign all documents and instruments authorized by this
Ordinance.
Section 4. Offen Meetings. This City Council finds and determines that all
formal actions of this City Council concerning and relating to the passage of this
Ordinance were taken in an open meeting of this City Council and that all
deliberations of this City Council that resulted in those formal actions were in
meetings open to the public, all in compliance with the law including Ohio
Revised Code Section 121.22.
Section 5. Effective Date. This Ordinance shall take effect and be in force from
and c0er the earliest date permuted by law.
Psd this day of
ayor — Presidi
TTEST:
Clerk of Council
2019.
Office of the City Manager
5700 Emerald Parkway * Dublin, OH 43017-1090
014 of Dublin Phone; 614,410,44001 Fax; 614,410,4490
ICU
To: Members of Dublin City Council
From; Dana L, McDaniel, City Maria
Date; June 21, 2019
Initiated By; Donna L. Goss, PhD, Director of Development
Re: Ordinance No. 35.19 - Development and Real Estate Purchase Agreement -
Dublin Chiller, LLC
Summary
At the June 10, 2019 meeting, Council reviewed this ordinance and requested follow-up on
questions and issues requiring further detail, In response, a letter is included from Wendy M. Herb,
President of The Chiller, providing clarification of operational and programmatic activities, as well
as Council's questions related to the limitations for funding options given the current lease
structure. An additional point of clarification was asked of staff regarding current zoning for the
site, The site is zoned ID -5 District, which defaults to the existing Planned Development text for
Sports Ohio (see attached), Any modifications to the Chiller would follow the PUD process, which
would require review and approval by PZC,
Since the first reading a change has been made to the terms of the Right of First Offer as outlined
in Section It of the Real Estate Purchase Agreement (REPA), Should The Chiller desire to sell the
property prior to January 1, 2030, the City shall have first right to purchase the property, In regard
to Councils question, the REPA terms as presented in this draft do not allow for the imposition of a
deed restriction as The Chiller is not amenable to such a request,
Currently, The Chiller, LLC is operating under a lease extension granted by City Council in
September 2018 by Resolution No. 48-18, which will expire in September 2019, For the
continuation of youth and adult hockey and figure skating programs, recapitalization and
renovation of the existing facilities, and possible expansion of the Dublin Chiller ice skating
complex, staff recommends the exchange of City interest in the improvements and ownership of
property at 7001 Dublin Park Drive, Dublin, Ohio,
Background
The Dublin Chiller was constructed in 1993 through a public-private partnership between Central
Ohio Ice Rinks (COIR) and the City of Dublin. Under the terms of the original agreement, the City
of Dublin provided the 7,443 acres of land and COIR funded, developed and has operated a two -
rink ice skating facility, with the rights to own and operate the skating facility for 25 years (see
Exhibit A for location map). At the time, the facility was being pursued in conjunction with the
region's new minor league hockey team, the Columbus Chill (with whom Central Ohio Ice Rinks
was a closely held affiliate), Under the original agreement, the ground lease would expire after 25
years and ownership of the ice-skating facility would subsequently transfer to the City of Dublin,
The original lease agreement expired as of September 26, 2018, and a one-year extension was
granted (Resolution No, 48-18) by the City of Dublin in September 2018, The purpose of the
Memo re. Dublin Chiller Lease
June 21, 2019
Page 2 of S
extension was to explore and define the terms and conditions necessary to enable the facility to
continue to provide this important recreational programming and better meet the growing
demand. The continued operation of the Dublin Chiller benefits the community by providing this
unique recreational facility and its ice related programming to a wide array of Dublin area
residents, stakeholders and members of the Dublin City School District, while requiring no
additional operational and financial commitment from the City since its opening. Should Council
find the terms of this REPA unacceptable, further action will be required if the facility is to continue
operation.
Considerations
The initial objective of the public-private partnership was to provide an ice skating facility that
would advance the goals of both parties. The new minor league hockey team was looking for a
facility that would provide practice space for its team and office facilities, as well as to help nurture
and grow regional interest in ice hockey via youth and adult programming. Dublin hoped to meet
the growing community needs of the Dublin area for - and growing interest in recreational ice
skating facilities and programs. The lease included provisions to help ensure both parties could
successfully achieve their goals, with the City incurring no costs in the development or operations
of the ice skating facility.
In 1997 Columbus was awarded an NHL team, the Columbus Blue Jackets, which began playing in
2000. The City of Dublin consented to the first amendment to the lease, which included an
Assignment and Assumption of the Lease in June of 1997 from Central Ohio Ice Rinks, Inc. to
Chiller LLC tan affiliate of the Columbus Blue Jackets ownership),
In 1993, with the one Dublin Chiller facility and its two ice skating rinks serving Central Ohio, our
region had one youth hockey organization with 200 players, one varsity high school hockey team,
and six adult ice hockey teams that included 100 players, The program has grown significantly at a
regional level over the years and offers the following recreational opportunities to the Dublin
community at no cost to the City;
Public Skating sessions
Birthday parties
Corporate events
o Drop Ing Hodkey aid Stick & Puck
Homeschool physical education sessions
Summer camps & holiday camps
Girls' and Women's hockey clinics, teams and leagues
Additionally, The Chiller provides service to City schools for field trips, fundraising, school -year
educational programs, summer reading programs and donations from Columbus Blue Jackets
Foundation benefits Dublin patrons through:
NHL Learn to Play program, which outfits kids in free hockey gear;
• Helmet donations for public skaters and class participants;
CBJ Power Play Challenge (free school program)
• Free GOAL clinics
Memo re, Dublin Chiller Lease
June 21, 2019
Page 3of5
Scholarship funds for high school hockey players and other students, and funding for
local youth organizations
Chiller LLC owns and/or operates all of the ice skating facilities in Central Ohio (as well as
operating a facility in Springfield, Ohio), It does this in order to help facilitate and growing interest
in ice hockey at all levels (which helps maintain and grow interest in the professional franchise),
while also providing ice time and programming for a variety of other purposes, Because of its
demographics, the Dublin area is among the highest areas of demand in Central Ohio for these
services and facilities, Currently, there are 350 Dublin students registered in local youth leagues
and five high school teams rostering a total of 100 players,
As previously stated, The Chiller receives no funding from the City and incurs approximately $13
million annual operational expenses while generating approximately $1.8 million annual gross
revenue, making it a relatively break-even operation, The cost avoidance factor for the City to date
not only includes these annual operating costs, but the $5 million that has been invested in the
building and equipment to date, Further, while the needs of the Dublin community for ice skating
facilities and programs appears to have been very well met by the Dublin Chiller and Chiller LLC
thus far, the Chiller LLC representatives have indicated that after 25 years of use, much of the
mechanical equipment at the Dublin Chiller has reached the end of its useful life and needs to be
replaced, In an effort to address the maintenance needs, The Chiller, LLC has explored financing
options to obtain the necessary funds to address current maintenance needs of the existing
facilities (approximately $6M) as well as the possibility of adding a third ice skating rink.
Summary of Terms and Conditions
As financing options for repair, renovation and future investment of this scale are severely limited
to a tenant occupying the space under a lease agreement, the public-private partnership structure
that has been in place for over 25 years is no longer practical, In forgiveness of the land value,
and surrender of interest in the existing improvements, conveyance of property ownership to The
Chiller, LLC, per the terms and conditions of the Real Estate Purchase Agreement will ensure that
the identified repairs (see referenced facility report) and renovations are made in order that this
recreational facility and related programming continues to serve the Dublin community,
Key points of the agreements are summarized as follows;
1, Prior to January 1, 2030, The Chiller may not cease operations for longer than thirty days
nor change the recreational use of the buildings and property without the prior written
consent of the City. Failure to meet the requirements of the Operating Agreement may
result in the reconveyance of the Premises;
2, The City shall have the Right of First Offer should The Chiller desire to sell the property prior
to January 1, 2030;
3, The Chiller agrees to operate the facility independently and will not require any additional
operational or financial commitments from the City, However, The Chiller shall consult with
the designee of the City Manager on an annual basis regarding the ongoing operation and
maintenance of the facility,-
4.
acility;
4. Additionally, The Chiller is required to make improvements and renovations to the existing
Memo re, Dublin Chiller Lease
June 21, 2019
Page 4of5
facility so as to keep and maintain the premises in good order, condition and repair --
ordinary wear and tear and damage by fire or other casualty excepted, Further, The Chiller
will make all repairs and improvements set forth in the Dublin Chiller Building and Parking
Lot Assessment dated May 8, 2018, recommended by Osborn Engineering, including all
repairs designated as Immediate, Intermediate and Long -Term, no later than January 1,
2025,
Recommendation
The Administration recommends that City Council approve Ordinance No. 35-19, authorizing the
City Manager to transfer City interest and property of 7,443 acres located at 7001 Dublin Park
Drive with a current estimated value of $745,000 to Dublin Chiller, LLC for the continuation of
youth and adult hockey and figure skating programs at this unique recreational facility for the
benefit of the greater Dublin community.
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RECORD OF ORDINANCES
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO A DEVELOPMENT AND
REAL ESTATE PURCHASE AGREEMENT TO
CONVEY THE PROPERTY LOCATED AT 7001
DUBLIN PARK DRIVE TO CHILLER LLC AND
AUTHORIZING THE EXECUTION OF VARIOUS
RELATED DOCUMENTS.
WHEREAS, the City of Dublin ("the City") owns 7.443 acres, more or less, with
an address of 7001 Dublin Park Drive, Dublin, Ohio 43016; and
WHEREAS, in 1993, through a public-private partnership between the City and
Central Ohio Ice Rinks ("COIR"), the City provided the 7.443 acres of land and
COIR funded, developed and has operated a two -rink ice skating facility, with
the right to operate the skating facility for 25 years; and
WHEREAS, under the original agreement, the ground lease would expire after
25 years and ownership of the ice-skating facility would subsequently transfer
to the City; and
WHEREAS, the original lease agreement expired as of September 26, 2018,
and a one-year extension was granted by City Council in September 2018 by
Resolution No. 48-18; and
WHEREAS, the purpose of the extension was to explore and define the terms
and conditions necessary to enable the facility to continue to provide this
important recreational programming and better meet the growing demand; and
WHEREAS, the continued operation of the Chiller ice skating rink in Dublin,
Ohio (hereinafter the "Dublin Chiller'l benefits the community by providing this
unique recreational facility and its ice -related programming to a wide array of
Dublin area residents, stakeholders and members of the Dublin City School
District, while requiring no additional operational and financial commitment
from the City since its opening; and
WHEREAS, for the continuation of youth and adult hockey and figure skating
programs, recapitalization and renovation of the existing facilities, and possible
expansion of the Dublin Chiller ice skating complex, Council desires to transfer
the ownership of property at 7001 Dublin Park Drive, Dublin, Ohio to Chiller LLC
("the Purchaser'l under the terms outlined in the attached Development and
Real Estate Purchase Agreement.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring, that:
Section 1. Authorization of Agreements. The Development and Real Estate
Purchase Agreement by and between the City and the Purchaser, in the form
presently on file with the Clerk of Council, is hereby approved and authorized
with such changes therein not inconsistent with this Ordinance and not
substantially adverse to this City and which shall be approved by the City
Manager.
The City Manager, for and in the name of this City, is hereby authorized to
execute the foregoing agreement, provided further that the approval of changes
to any such agreement by that official, and their character as not being
BMRCIT BI[MIQ:%. bAYIOH.IXII( i
RECORD OF ORDINANCES
•19 Paued_ Page 2 of 2
substantially adverse to the City, shall be evidenced conclusively by the
execution thereof. This City Council authorizes the City Manager, for and in the
name of the City, to execute any amendments to the agreement, which
amendments are not inconsistent with this Ordinance and not substantially
adverse to this City.
Section 2. Real Estate Transfers. The City Manager is hereby authorized to
execute any and all agreements and other instruments necessary to implement
the real estate transaction contemplated in the attached Real Estate Purchase
Agreement.
Section 3. Further Authorizations. This City Council further hereby authorizes
and directs the City Manager, the Director of Finance, the Director of taw, the
Director of Development, the Clerk of Council or other appropriate officers of
the City to prepare and sign all documents and instruments authorized by this
Ordinance.
Section 4. Open Meetings. This City Council finds and determines that all
formal actions of this City Council concerning and relating to the passage of this
Ordinance were taken in an open meeting of this City Council and that all
deliberations of this City Council that resulted in those formal actions were in
meetings open to the public, all in compliance with the law including Ohio
Revised Code Section 121.22.
Section S. Effective Date. This Ordinance shall take effect and be in force from
and after the earliest date permitted by law.
Passed this day of 2019.
Mayor— Presiding Officer
ATTEST:
Clerk of Council
FM ffl 5
June 17. 2019
To The Dublin City Council Members,
I am the President of Chiller LLC and have been with the company for over 21 years. I watched the June
101" City Council meeting online and listened to the comments made after Donna Goss presented
Ordinance 35-19. The purpose of this letter is to address some of the questions that were asked at that
meeting.
Back in 1993, the current deal with the City of Dublin was made so that the minor league "Chill" hockey
team had a place to practice and a skating rink could be opened to the public. At the time, Central Ohio
had barely heard of the sport of hockey. The team was underfunded, so they jumped at the
opportunity to have land donated by the City, and I doubt anyone was looking ahead to what that would
mean 25 years later. It was not a good business decision to build a multi-million dollar facility on
someone else's land.
In 1997 when the McConnell Family invested its personal funds to bring a professional NHL franchise to
the area, they stepped in to help the struggling Dublin ice rink. If the McConnell Family had not bought
in for $3.5 million, the Dublin rink would have closed. The McConnell Family has honored the Chill's
deal for the past 22 years. They have continued to fund the rink to support and contribute to the Dublin
community, knowing full well that they would never receive a return on their investment.
In the meantime, the Chiller built up something that the Dublin community can be proud of and has
come to depend upon. Information about current programming is below. According to the terms of our
agreements, we are simply to walk away from the Dublin rink in September, leaving its customers in the
hands of the City.
So, as the 1993 lease was nearing its expiration date, I met with Terry Foegler, explained the renovations
that needed to be made to the facility and asked for the City's assistance in funding the needed repairs.
The City, after all, was soon to be the sole owner according to the terms of our lease. We proposed that
we could continue to operate the facility on the City's behalf, upon request, and assist with the
construction process. We proposed the same model that we have with the City of Springfield, Ohio:
That city built a rink for its citizens and surrounding communities, and entered into a management
agreement with the Chiller so that they had the benefit of our resources, experience and NHL affiliation.
Instead, it was proposed that the City convey the real and personal property to the Chiller as an
incentive for us to rebuild it and continue to serve the community. We also talked about some tax
incentives over a long term to help defray a ma iority of the costs of rebuilding.
Somewhere over the course of the past two years, the offer of tax incentives went away and, as of
Monday night's meeting, it appears that City Council is asking us to spend $6-8 Million for the benefit of
the City without giving anything in return.
WHAT HAPPENS IF DUBLIN LOSES CONTROL OF THE PROPERTY?
There was some intimation that we are a "big corporation" that would start raising prices and turning
Dublin residents away if the City does not retain control. The facts are that:
1. After an initial $3.5 Million investment in 1997 and an additional $1.5 Million in capital
improvements over the next 22 years, the McConnell Family has contributed $5 Million
toward the Dublin facility.
2. To put this in perspective, the total accumulated net income from the Dublin investment
since 1997 is only $2.1 Million. That is $2.9 Million short of what has been invested.
3. Over the past 22 years, the average annual net income at the Dublin rink has been LESS
THAN $100,000 per year. The fact that we can leverage the Dublin expenses with our other
facilities contributes to the fact that there is some positive cash flow.
4. Our interest is, and has always been, serving the communities in which we have rinks and
growing the sports of hockey and ice skating. We keep our prices low and operate at a
break even to encourage families to enter the sport. We are creating recreational
opportunities in Central Ohio while building a fan base for the Columbus Blue Jackets.
5. We have never operated under the premise that the City of Dublin is "controlling" us. The
prices at all of our facilities are uniform, whether they are city owned or privately owned.
The City of Dublin has never exercised any control over our pricing, products or services.
6. We pay $100,500 in Dublin real estate taxes each year; we pay $1.3 Million in Dublin payroll
taxes each year.
7. We have consistently heard from Dublin residents and the City of Dublin officials that we do
a great job.
a. We are nationally recognized as a superior company in our industry;
b. We have the largest programs in the country;
c. Olympic and Professional Skaters and Hockey Players were taught their first lessons
and then trained at the Dublin rink;
d. Of recent note: the Boston Bruins were in the Stanley Cup Finals right through to
Game 7 which was played on Wednesday, June 12`". Before each playoff game, on
national television, the starting lineup was announced with the players' home
towns. Sean Kuraly from Dublin, Ohio was one such starting player. Sean learned to
play hockey at the Dublin Chiller and went through our programming from classes
to youth league to AAA.
8. All across the country, ice rinks are owned and maintained by municipalities because the
costs to private operators are prohibitive. The City of Dublin has benefited greatly by our
private/public partnership — even if the land had been valued (as it was stated it is now) for
the entire 26 years of our lease agreement, the City's investment would amount to less than
$27,000 per year for an opportunity the City says it does not have the resources or expertise
to provide on its own.
The City's return on its investment has been significant.
DIDN'TTHE CHILLER TAKE CARE OF THE PROPERTY?
The Chiller has been diligent about maintaining the facility in Dublin. The fact of the matter is that large
refrigeration units, compressors, HVAC equipment and rink systems have a shelf life. We have done
everything possible to adhere to preventive maintenance schedules over the years, and our equipment
has lasted far longer than our counterparts' equipment across the nation. We employ the most
experienced Certified Ice Technicians in the Country. We spend in excess of $250,000 annually at the
Dublin Chiller just on repairs and maintenance.
The renovations now needed at the Dublin rink are all due to the number of years in service and normal
wear and tear.
WHAT IF THE CHILLER SELLS AND THE PURCHASER DOES NOT WANTTO OPERATE AN ICE RINK?
We have offered the City of Dublin a Right of First Offer. If we decide to sell in the next 10 years, the
City can opt to purchase and run the facility, or consent to a third party doing the same. It is highly
unlikely that a third party purchasing an ice rink would do so with the intention of closing that ice rink.
Expiration of the ROFO term in 10 years does not preclude the City from offering to purchase the
property and improvements in the future.
WHY NOTANOTHER LONG TERM LEASE?
We have already invested $5 Million ($10 Million in today's dollars) with no return. After 26 years and a
lot of hard work and development, we have built up great programming for the City of Dublin, but we
have no asset or equity to show for it. Why would we do that again at an even higher cost? The
McConnell Family has continued to use personal funds to support the Dublin rink. Without ownership,
we cannot get financing to fund the property improvements that are necessary. And, we do have an
alternative: for the same price, we can continue to serve the Dublin community by going to a
neighboring township, purchasing land at a lower cost and building a new rink from the ground up,
rather than retrofitting.
We have already spent a good deal of money drawing up engineering and architectural plans for the
Dublin renovation. We have been operating in good faith, despite the fact that we are quite far from
the arrangement we first proposed.
If I can answer additional questions prior to the June 24`" meeting, please do not hesitate to call me at
614-570-7525.
Sincerely,
Wendy M. Herb
2019 CHILLER PROGRAMMING SUMMARY
• 6 youth hockey organizations with more than 3000 players and weekly travel teams
• 15 OHSAA varsities, 5 HS clubs, 16 JVs
• 209 adult teams, 3,300 + players
• 6 annual hockey tournaments
• More than 50,000 students have gone through learn to skate and learn to play hockey classes
• Home to Ohio Sled Hockey through the American Special Hockey Association for players with
physical limitations
• Recreational opportunity for residents of City and areas within Dublin School District at no cost
to City
• Public Skating sessions
• Birthday parties
• Corporate events
• Drop In Hockey and Stick & Puck
• Homeschool phys ed sessions
• Summer camps & holiday camps
• Girls and Women's hockey clinics, teams and leagues
Service to City schools for field trips, fundraising, school -year educational programs, summer
reading programs and donations from Columbus Blue Jackets Foundation
Chiller affiliation with Columbus Blue Jackets benefits Dublin patrons through:
• NHL Learn to Play program which outfits kids in free hockey gear;
• Helmet donations for public skaters and class participants;
• CBJ Power Play Challenge (free school program)
• Free GOAL clinics
• Foundation provides scholarship money for high school hockey players and other
students, and funding for local youth organizations
DEVELOPMENT AND REAL ESTATE PURCHASE AGREEMENT
THIS DEVELOPMENT AND REAL ESTATE PURCHASE AGREEMENT (hereinafter
the "Agreement") is made and entered into on the day of , 2019 (the
"Effective Date") by and between the CITY OF DUBLIN, Ohio, an Ohio municipal corporation
having an office at 5200 Emerald Parkway, Dublin, Ohio 43017, ("Seller"), and Chiller LLC, an
Ohio limited liability company with a tax mailing address of 7001 Dublin Park Drive, Dublin,
Ohio 43016 ("Purchaser"), (Purchaser and Seller referred to herein singularly as "Party" and together
as "Parties").
BACKGROUND INFORMATION
WHEREAS, Seller is the owner of a certain parcel of real property situated south of Post
Road, east of Cosgray Road and north of Shier Rings Road with an address of 7001 Dublin Park
Drive, Dublin, Ohio 43016 such real property containing 7.44 acres, more or less, with atax parcel
number of 273-000138, which real property is more fully described on Exhibit "A", attached hereto
and made a part hereof (said real property, together with all appurtenances and hereditaments
thereto, shall be referred to as the "Premises"); and
WHEREAS, Seller and Purchaser were Parties to that certain Lease dated as of March 26,
1993, amended by an Amendment to Lease dated June 12, 1997, and amended by a second
amendment to Lease dated September 26, 2018 with respect to Purchaser's lease of the Premises
(collectively referred to herein as the "Lease"); and
WHEREAS, the Term of the Lease for the Premises expires at midnight on September 26,
2019; and
WHEREAS, the continued operation of the Chiller Ice Rink in Dublin, Ohio (hereinafter
the "Dublin Chiller") benefits the community by providing this unique recreational facility and its
ice related programming to a wide array of Dublin area residents, stakeholders and members of
the Dublin City School District, while requiring no additional operational and financial
commitment from the City since its opening; and
WHEREAS, in exchange for the City transferring the Premises to the Purchaser, the
Purchaser agrees to make all repairs and improvements set forth in the Dublin Chiller Building
and Parking Lot Assessment dated May 8, 2018, recommended by Osborn Engineering, including
all repairs designated as Immediate, Intermediate and Long -Term, which are estimated to cost six
million dollars ($6,000,000), no later than January 1, 2025; and
WHEREAS, for the continuation of youth and adult hockey and figure skating programs,
recapitalization and renovation of the existing facilities, and possible expansion of the Dublin
Chiller ice skating complex, the Seller desires to transfer the ownership of property at 7001 Dublin
Park Drive, Dublin, Ohio to the Purchaser as provided herein.
STATEMENT OF THE AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties hereby agree to and incorporate in the foregoing
Background Information and the covenants, warranties, terms and conditions hereinafter set forth,
the Seller and Purchaser agree as follows:
1. Purchase and Sale of the Premises. For good and valuable consideration, the Seller
hereby agrees to convey to Purchaser, and Purchaser hereby agrees to obtain from the Seller,
subject to the satisfaction or waiver by Purchaser of the conditions precedent hereinafter set forth,
the Premises.
2. Escrow and Closing. Multistate Title, Attn: Terri Wells, 301 East Fourth Street, Great
American Tower, Suite 3300, Cincinnati, Ohio 45202, direct 513.651.6728, mobile 513.403.8986,
email: twellsAfbtlaw.com, shall serve as both the escrow agent ("Escrow Agent") and the title agent
issuing the Title Commitment (as that term is defined in Section 8 below).
3. Conditions Precedent.
2
a. Conditions Precedent to Purchaser's Obligation to Close. The Closing in this
Agreement shall be completely contingent upon the satisfaction or waiver of
the contingencies set forth in Paragraph 3 below (the "Contingencies") by
October 1, 2019 (the "Contingency Period"). The date upon which all
Contingencies are either satisfied or waived, or otherwise shall be referred to as
the "Contingency Date". The conditions precedent are as follows:
i. Purchaser may receive a report, prepared by a certified environmental
engineer selected by the Purchaser, indicating that the Premises
(including improvements located thereon) is free of all hazardous waste,
asbestos, and substances and materials which may require remediation
or which may result in penalties under applicable laws, rules or
regulations.
b. Conditions Precedent to the Seller's Obligations to Close.
i. Dublin City Council approving an Ordinance to authorize the
Agreement.
4. Tests and Engineering Studies. For and during the entire period that this Agreement
is in effect, Purchaser shall, at its sole cost, have the right through Purchaser's associates,
employees and/or contractors and agents to enter upon the Premises for the purpose of surveying,
inspecting, making contour surveys, temporary excavations (to be refilled by Purchaser as
promptly as the same shall have served their purpose), test borings and other purposes required by
Purchaser to enable Purchaser to ascertain whether it is feasible to complete the proposed
development of the Premises. Purchaser's obligation under this section shall survive any
termination of this Agreement.
5. Evidence of Title.
a. Title Commitment. Purchaser may obtain a commitment (a "Title
Commitment") from atitle insurance company identified in paragraph 2 herein
to issue an ALTA Owner's Title Insurance Policy (Form 6/17/06) (the "Title
Policy'). Purchaser shall pay the cost of the Title Policy. The Title
Commitment will be certified to the Effective Date and will include copies of
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all recorded documents evidencing title exceptions raised in Schedule B of the
Title Commitment. On or before the date of Closing, the Title Commitment
must show in the Seller good and marketable title to the Premises, free and clear
of the standard printed exceptions contained in Schedule B of said commitment
and the Title Policy, and free and clear of all liens, charges, encumbrances and
clouds of title, whatsoever, except the following (collectively, the "Permitted
Encumbrances"):
i. Matters created by Purchaser; and
ii. Zoning ordinances, legal highways and public rights-of-way which do
not interfere with Purchaser's use of the Premises; and
iii. Real estate taxes which are a lien on the Premises but which are not yet
due and payable; and
iv. Easements and restrictions of record acceptable to Purchaser.
The title commitment shall fully and completely disclose all easements, negative or
affirmative, rights-of-way, ingress or egress or any other appurtenances to the
Premises, and shall provide insurance coverage in respect to all of such appurtenant
rights. The title commitment shall include the results of a special tax search and
examination for any financing statements filed of record which may affect the
Premises.
b. Survey. The Purchaser may, at its own expense, obtain a current survey of the
Premises. The survey shall include a legal description of the Premises and shall
be certified by the surveyor to the Purchaser and the title insurance company.
Subject to the approval of the title insurance company, the legal description set
forth on the survey shall be used in the title insurance commitment and policy
and in all documents of transfer contemplated hereby. The survey shall be
sufficient to waive or insure over any and all questions or survey.
c. At the Closing, the Seller shall provide the Purchaser with endorsements to the
title commitment updating the commitment to the respective date and showing
no change in the state of the title to the Premises. After the Closing, a final
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owner's title insurance policy shall be issued in the amount of the agreed to by
the Title Insurer and Purchaser.
d. Status of Title; Permitted Encumbrances; Objections. Within thirty (30) days
after receipt of the Title Evidence, Purchaser may provide the Seller with
written objections to the extent that the Title Evidence reveals matters other
than the Permitted Encumbrances (the "Objections") which constitute a
monetary lien or may interfere with Purchaser's intended use of the Premises.
Purchaser's failure to make Objections within such time period will constitute
a waiver of Purchaser's right to make Objections. To the extent the Objections
constitute a monetary lien against the Premises, the Seller shall satisfy those
Objections at the Closing. For all other Objections, the Seller shall have ten
(10) days after receipt of written notice of such Objections by Purchaser, to
notify Purchaser whether the Seller will cure the Objections ("The Seller's
Notification"). The Seller shall have no obligation to cure any Objections. In
the event the Seller elects not to cure the Objections, Purchaser may terminate
this Agreement by giving written notice of termination to the Seller within
twenty business (20) days of the Seller's Notification. If the Seller elects to
cure or remove any Objections, the Seller shall have ten (10) days to cure or
remove the Objections. hi the event the Objections cannot be cured or removed
until Closing, the Seller shall provide Purchaser with evidence, satisfactory to
Purchaser, in its sole discretion, that the Objections will be fully cured and/or
released on the date of Closing or that the Title Company will issue satisfactory
endorsements to the final Title Policy insuring against the risks associated with
same. In the event the Objections are not cured or removed within said ten (10)
day period, or in the event the Seller cannot provide satisfactory evidence within
said ten (10) day period that the Objections will be cured on or before the date
of Closing or that satisfactory endorsements to the Title Policy will be issued,
Purchaser shall make its election, within five (5) business days after expiration
of the ten (10) day period, by written notice to the Seller, to either:
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i. Accept title to the Premises, at which point such uncured Objections
shall be Permitted Encumbrances hereunder; or
ii. Terminate this Agreement.
Purchaser's failure to make its election within such time period will constitute Purchaser's
election to accept title to the Premises, at which point such uncured Objections shall be Permitted
Encumbrances hereunder.
6. Deed of Convevance. The Seller shall convey to Purchaser, at the time of closing,
good and marketable title in fee simple to the Premises by transferable and recordable limited
warranty deed under O.R.C. 5302.07, signed by the Parties necessary or required by the Title
Commitment or Purchaser's attorney, free and clear of all defects, mortgages, easements,
restrictions, reservations, conditions, agreements, liens and encumbrances, except those excepted
in Paragraph 5 hereof. Purchaser shall pay the requisite conveyance fee and/or realty transfer tax
required by applicable law, if any.
7. Dublin Chiller Building and Parking Lot Assessment. Purchaser shall have until
January 1, 2025 to complete all the maintenance, additions, upgrades and miscellaneous items
("Item(s)") detailed in the Dublin Chiller Building and Parking Lot Assessment Report by Osborne
Engineering dated May 8, 2018. Failure to complete the Items timely may result in the
reconveyance of the Premises as outlined in Section 9 herein.
8. Prohibitions Against Change of Use of the Premises. The Premises is currently used
for recreational purposes. The scope of the services provided by Purchaser is herein as established
and defined in the Operating Agreement attached hereto as Exhibit `B". Prior to January 1, 2030,
the Purchaser shall not without the prior written consent of the Seller, change the recreational use
of the Premises or fail to meet the requirements of the Operating Agreement. Failure to use the
Premises for a continuous period longer than (30) days or default of the Operating Agreement may
result in the reconveyance of the Premises as outlined in Section 9 herein.
9. Holding and Release of Premises Reconveyance Deed. The Premises
Reconveyance Deed, when delivered to Escrow Agent, shall be undated except for the
acknowledgement contained therein. It shall be held and disbursed as follows:
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a. If Purchaser has not continuously provided recreational services at the Premises
or has not, subject to Force Majeure (as defined herein), completed the Item(s)
by January 1, 2025, Seller shall deliver written notice to Purchaser which
indicates the specific Item(s) the Purchaser has failed to complete, and shall
provide a copy of the same to the Escrow Agent. If the Item(s) still is not
substantially completed, or Purchaser has failed to use the Premises for
recreational purposes for the majority of the (90) days, on or prior to the date
that is (90) days following the date when Purchaser receives such written notice
from the Seller (such date being referred to herein as the "Reconveyance
Deadline"), then Purchaser shall be permitted to send a second written notice to
Purchaser and the Escrow Agent which requests that the Premises
Reconveyance Deed be released from escrow and then promptly recorded with
the Office of the Recorder of Franklin County, Ohio (the "Recorder"). Upon
receipt of this second written notice, Escrow Agent shall wait for a period of
thirty (30) days, then the Escrow Agent shall cause the Premises Reconveyance
Deed to be recorded with the Recorder at Seller's expense.
b. After January 1, 2030, the Escrow Agent shall return the Premises
Reconveyance Deed to Purchaser and Purchaser shall be permitted to destroy
the same and shall no longer have any obligation to reconvey the Premises to
the Seller.
10. Closing and Possession. The Seller and Purchaser agree that the purchase and sale
of the Premises shall be closed (the "Closing ') no later than thirty (30) days after the Contingency
Date. Said Closing shall be held at a time and place in Franklin County, Ohio as shall be selected
by the Seller, and agreed to by Purchaser. At the Closing, the Seller shall deliver the Limited
Warranty Deed, Purchaser shall deliver the Premises Reconveyance Deed and the Parties shall
each deliver to the other such additional and other closing documents reasonably necessary to
consummate the transaction contemplated herein. Purchaser shall be entitled to full and exclusive
possession of the Premises on and after the Closing.
In addition to the deed described above, at the Closing, the Seller shall deliver to Purchaser:
(i) a closing statement showing all charges or credits to Purchaser or the Seller provided for herein,
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(ii) all consents, affidavits or other documents reasonably and customarily required to issue the
Title Policy, (iii) such evidence of authority as Purchaser or the title company issuing the Title
Policy reasonably may deem necessary to evidence the authority of the Seller to enter into this
Agreement and to consummate the transactions contemplated hereby, and (iv) an affidavit that the
Seller is not a non-resident "alien", "foreign corporation", "foreign partnership", "foreign trust",
or "foreign estate" within the meaning of the Internal Revenue Code and Regulations thereunder.
At the Closing, Purchaser shall deliver to the Seller: (i) a Premises Reconveyance Deed,
(ii) a closing statement showing all charges or credits to Purchaser or the Seller provided for herein,
and (iii) such evidence of authority as the Seller or the title company issuing the Title Policy
reasonably may deem necessary to evidence the authority of Purchaser to enter into this Agreement
and to consummate the transactions contemplated hereby.
11. Richt of First Offer. After closing on the Premises herein, Purchaser hereby
grants Seller a right of first offer ("ROFO") to purchase the Premises on the terms and conditions
set forth herein. The ROFO shall automatically expire on January 1, 2030. In the -event Purchaser
desires to sell or otherwise transfer the Premises, Purchaser shall give Seller a notice (the "First
Offer Notice"). The First Offer Notice shall specify the price and terms of sale including, without
limitation, the description of the Offered Property, the type of deed to be delivered, the exceptions
to which the Offered Property will be subject, whether or not title insurance will be provided, and
the allocation of responsibility for sales and documentary taxes and other closing costs. The First
Offer Notice shall constitute an offer by Purchaser to sell its interest in the Offered Property to
Seller on the price and terms and conditions set forth in such notice. Seller, if it desires to accept
such offer, shall, within 30 days after the giving of the First Offer Notice, give Purchaser written
notice to such effect (the 'Acceptance Notice'). If Seller shall fail to give the Acceptance Notice
within the time period provided, Seller shall be deemed to have consented to the proposed sale and
Purchaser may sell its interest in the Offered Property upon the price and terms and conditions set
forth in the First Offer Notice at any time within six months of the expiration of the time period
for the giving of the Acceptance Notice; provided, however, that Purchaser may only, during such
period, sell at any price equal to or greater than 100 percent the price stated in the First Offer
Notice and on material terms no more favorable to the buyer than the terms included in the First
Offer Notice.
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12. Condition of the Building and Premises. It is expressly understood and agreed that
Purchaser is acquiring the improvements and Premises on an "as is", "where is" and "with all
faults" basis, and that the Seller has not made and does not make any representations or warranties,
expressed or implied, with respect to the quality, physical condition, value, status of title to, status
of legal compliance of, or any other matter or thing affecting or related to the improvements and
the Premises or this Contract (including, without limitation, warranties of habitability, warranties
of merchantability and/or of fitness for a particular purpose). Purchaser is relying solely upon its
own investigations of the improvements and Premises with respect to the foregoing matters.
13. Assignments. Purchaser shall have the right to assign or sublet this Agreement or
any interest herein, to an entity controlled by Purchaser or any member or affiliate of Purchaser,
or pursuant to any reorganization, sale or merger of Purchaser, without prior approval of the Seller,
but Purchaser shall provide the Seller prior notice of such assignment. Purchaser shall not assign
this Agreement, or any part of it, or any right or privilege connected with it, to any other person or
entity without first obtaining the Seller's written consent, which consent shall not be unreasonably
withheld.
14. Closing Expenses. The Seller shall, at the Closing (unless previously paid), pay the
following:
a. One-half the fee, if any, charged by the title insurance company and/or closing
agent for closing the transaction contemplated herein; and
b. Recording fees required for recording the Premises Reconveyance Deed; and
c. The cost to remove any lien or mortgage not assumed by the Purchaser.
The Purchaser shall, at the Closing (unless previously paid), pay the following:
a. The cost of all municipal services and utility charges (if any) due through the
date of Closing; and
b. Recording fees required for recording the limited warranty deed; and
C. The title commitment and policy referred to in Paragraph 5 hereof, and
d. One-half the fee, if any, charged by the title insurance company and/or closing
agent for closing the transaction contemplated herein; and
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e. The Survey, if any.
15. Taxes and Assessments. If any, the Purchaser shall pay all delinquent real estate
taxes, together with penalties and interest thereon, all assessments which are a lien against the
Premises as of the date of closing, both current and reassessed and whether due, or to become due
and not yet payable, all use recoupment taxes (agricultural or otherwise) for years through the year
of closing, if any, and all real estate taxes for years prior to the closing, through the date of closing
as stated in the Lease. Purchaser shall be responsible for any and all taxes and assessments after
Closing.
16. Representations and Warranties. The Seller hereby represents and warrants as
follows:
a. The execution, delivery and performance of this Agreement, and the
consummation of the transaction contemplated hereby, will not result in any
breach of, or constitute any default under, or result in the imposition of any lien
or encumbrance against, the Premises, under any agreement or other instrument
to which the Seller is a party or by which the Seller or the Premises might be
bound; and
b. No other person or entity other than Purchaser has or will have any right to
acquire the Premises, or any portion thereof, and
c. The execution, delivery and performance by the Seller of this Agreement and
the performance by the Seller of the transactions contemplated hereunder, and
the conveyance and delivery by the Seller to Purchaser of possession and title
to the Premises have each been duly authorized by such persons or authorities
as may be required, and on the date of Closing, the Seller shall provide
documentation, in form satisfactory to Purchaser, evidencing such
authorization; and
d. From the Effective Date through and until the Closing, the Seller shall not enter
into any easement, lease or other contract pertaining to the Premises and shall
not modify or change the condition of the Premises, unless Purchaser has
approved of such modification or change; and
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e. The Seller is not a "Foreign Person" as that term is defined in the Foreign
Investment in Real Property Tax Act.
Purchaser hereby represents and warrants as follows:
a. That Purchaser's execution and delivery of, and performance under, this
Agreement is pursuant to valid authority duly conferred upon Purchaser and the
signatory hereto; and the consummation of the transactions contemplated
hereby and the compliance by Purchaser with the terms of this Agreement do
not and will not conflict with or result in a breach of any of the terms or
provisions of any agreement, arrangement, understanding, accord, document,
or instrument to which Purchaser is a party or by which Purchaser is bound, or
constitute a violation of any law or ordinance to which Purchaser is bound or
subj ect.
17. Notices.
a. Written Notice. Any notice, designation, consent, approval, offer, acceptance,
statement, request, or other communication required or allowed under this
Agreement (each a "Notice") shall be in writing. Any action required under
this Agreement that is a term within the definition of "Notice" also shall be in
writing to each Party's current business address.
b. Manner of Giving Notice. Notice shall be deemed given when:
i. The Notice is mailed to the Party to be notified by means of certified or
registered U.S. mail, return receipt requested, postage prepaid;
ii. The Notice is sent to the Party to be notified by express courier such as
"Federal Express", or such other similar carrier guaranteeing next day
delivery. Refusal by a Party to accept a Notice shall not affect the giving
of the Notice.
18. Entire Agreement. This Agreement constitutes the entire understanding of the
Parties with respect to the subject matter hereof and supersedes all prior negotiations, discussions,
11
undertakings, and agreements between the Parties. This Agreement may be amended or modified
only by a writing executed by the Parties.
19. Applicable Law; Venue. This Agreement is governed by and will be construed in
accordance with the laws of the State of Ohio (regardless of the laws that might be applicable
under principles of conflicts of law) as to all matters, including, but not limited to, matters of
validity, construction, effect, and performance. The Parties consent to the exclusive jurisdiction of
the courts of the State of Ohio in Franklin County and waive any contention that any such court is
an improper venue for enforcement of this Agreement.
20. Time of Essence. Time is of the essence of this Agreement in all respects.
21. Assignment. This Agreement is binding upon and inure to the benefit of the Parties,
their respective heirs, legal representatives, successors and assigns. Any assignment of this
Agreement will not relieve the assigning Party of its obligations under this Agreement.
22. Force Majeure. Whenever a period of time is prescribed for the taking of an action
by the Seller or Purchaser, the period of time for the performance of such action shall be extended
by the number of days that the performance is actually delayed due to strikes, acts of God,
shortages of labor or materials, war, civil disturbances and other causes beyond the reasonable
control of the performing party ("Force Majeure").
23. Invaliditv. In the event that any provision of this Agreement is held to be invalid,
the same will not affect in any respect whatsoever the validity of the remainder of this Agreement.
24. Waiver. Any waiver of a right or default under this Agreement must be in writing.
Any waiver of a particular default will constitute a waiver of such default only and not of any other
default by the nonwaiving Party. Any waiver of a specific right or remedy under this Agreement
will constitute a waiver of such right or remedy only and not of any other right or remedy of the
waiving Party.
25. Headings. The subject headings of the various sections of this Agreement are
included for purposes of convenience only and will not affect the construction or interpretation of
any of its provisions.
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26. Counterparts. This Agreement may be executed in one or more counterparts all of
which will be considered one and the same agreement, binding on the Parties, notwithstanding that
all Parties are not signatories to the same counterpart.
27. Brokers. Seller hereby warrants and represent to Purchaser that Seller has not
engaged or dealt with any broker or agent in regard to this Agreement. Purchaser hereby represents
and warrants to Seller that Purchaser has not engaged or dealt with any broker or agent in regard
to this Agreement. Purchaser agrees to indemnify, to the extent permitted by law, Seller and hold
Seller harmless against any liability, loss, cost, damage, claims and expense (including, but not
limited to, attorneys' fees and cost of litigation) which Seller may ever suffer, incur, or be
threatened with because of any claim by any broker or agent claiming by, through or under
Purchaser, whether or not meritorious, for any such fee or commission.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
13
IN WITNESS WHEREOF, the Parties have set their hands as of the day and year first
above written.
Approval as to form:
Jennifer D. Readler, Law Director
"THE SELLER"
CITY OF DUBLIN
Dana L. McDaniel, City Manager
"PURCHASER"
CHILLER LLC
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EXHIBIT A
Legal Description of Premises
EXHIBIT B
Operating Agreement
EN00348.Public-00348 4820-9282-7802v1
EXHIBIT B
OPERATIONS AGREEMENT
This Agreement is entered into effective as of , 2019, by and between Chiller,
LLC, an Ohio corporation (the "Chiller"), and the City of Dublin, Ohio (the "City").
BACKGROUND
The Chiller and the City have entered into a Development and Real Estate Purchase
Agreement of even date herewith (the "REPT") pursuant to which the Chiller has agreed to
purchase from the City certain real property upon which an indoor dual ice rink facility has been
operated since 1993 (the "Facility").
As a condition to the execution and delivery of the REPA, the Chiller and the City have
agreed that the use, operation and management of the Facility shall be subject to the terms and
conditions hereinafter set forth.
STATEMENT OF AGREEMENT
In consideration of the mutual covenants contained herein and for other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
§1 Rights to Operate. Except as otherwise expressly provided in the REPA or this
Agreement, the parties hereby acknowledge and agree that the Chiller shall have the exclusive
right to use, manage and operate the Facility
§2. Term. The term of this Agreement shall commence on the date hereof and continue
until January 1, 2030.
§3. Use and Operation of the Facility. The Chiller hereby makes the following
covenants to and with the City with respect to the use, operation and management of the
Facility:
(a) The Chiller shall use, operate and manage the Facility in compliance with
all applicable laws (including, without limitation, the Americans with Disabilities Act and
all environmental laws, rules and regulations).
(b) The Chiller shall consult with the designee of the City Manager no less than
annually regarding the operation and maintenance of the Facility.
(c) The Chiller agrees that, unless otherwise mutually agreed by the City, the
primary use of the Facility shall be as an ice rink and The Chiller will continue to provide
this unique recreational facility and its ice related programming to a wide array of Dublin
area residents, stakeholders and members of the Dublin City School District.
Notwithstanding the foregoing, the parties acknowledge that the Facility may be adapted
for periodic use for other civic, educational and general recreational purposes and to
otherwise accommodate seasonal requirements and business fluctuations. The City
reserves the right to review the plans and specifications for the Facility to confirm that
Facility is adaptable for said alternative uses.
(d) The Chiller will operate the Facility independently and will not require any
additional operational or financial commitments from the City.
(e) The Chiller will make all repairs and improvements set forth in the Dublin
Chiller Building and Parking Lot Assessment dated May 8, 2018, recommended by
Osborn Engineering, including all repairs designated as Immediate, Intermediate and
Long -Term, no later than January 1, 2025.
§4. Defaults and Remedies
(a) Events of default shall include:
(i) Default by either Party under the REPA and failure to cure
said default within any applicable cure period contained in the REPA.
(ii) Failure of the City or the Chiller to perform or observe
any term, condition, covenant or obligation required to be performed or
observed by it under this Agreement for a period of 30 days after notice
thereof from the non -defaulting party; provided, however, that if the
term, condition, covenant or obligation to be performed by the
defaulting party is of such nature that the same cannot reasonably be
performed within such 30 -day period, such default shall be deemed to
have been cured if the defaulting party commences such performance
within said 30 -day period and thereafter diligently undertakes to
complete the same.
§5. Notices. Notices and other communications provided for herein shall be in
writing (which shall include notice by email transmission) and shall be addressed as follows:
If to The Chiller:
Wendy M. Herb
President
Chiller LLC
7001 Dublin Park Drive
Dublin, OH 43016
wherb@thechillencom
If to the City:
Dana L. McDaniel
City Manager
City of Dublin
5200 Emerald Parkway
Dublin, Ohio 43017
dmcdaniel@dublin.oh.us
§6. Miscellaneous.
(a) This Agreement shall be governed by and construed under the laws of the
State of Ohio.
(b) The invalidity or unenforceability of any term or provision of this
Agreement shall not impair or affect the other provisions hereof which shall remain in full
force and effect. if any provision of this Agreement is invalid or unenforceable as more
restrictive than permitted by law, then the restriction shall be modified in scope or duration
to provide for the maximum scope or duration legally enforceable.
(c) This Agreement is not intended and shall not be construed to confer upon
any person other than the parties hereto (and their permitted assigns) any rights or remedies
hereunder.
(d) This Agreement constitutes the entire agreement of the parties with respect
to the subject matter hereof and shall not be amended or modified except in writing signed
by both parties.
(e) Upon execution of this Agreement all prior agreements between the parties
shall be considered null and void, including but not limited to all prior lease agreements
and amendments, operating agreements and management agreements.
(f) This Agreement shall inure to the benefit of and is binding upon the
successors and assigns of the parties hereto.
(g) The captions herein are inserted for convenience and reference only and
shall be ignored in the construction or interpretation hereof.
3
(h) This Agreement may be executed in several counterparts and all
counterparts shall constitute one agreement binding on the parties hereto.
IN WITNESS WHEREOF, this Agreement has been executed by each of the parties as
of the day and year first above written.
THE CITY:
CITY OF DUBLIN
By:_
Name
Title:
EN00348.Public-00348 4815-5010-4728v1
THE CHILLER:
CHILLER LLC
By:_
Name
Title:
PLANNED INDUSTRIAL PARD
DEVELOPMENT TEXT
NORTHWEST DUBLIN COMMERCIAL PARK/SPORTS OHIO
AS AMENDED BY COUNCIL APRIL 4, 1994
RESUBMITTED MARCH 28, 1997
1
WR 8
i
—9stobr=T'!-3--
1 181.06 PLANNED INDUSTRIAL PARK DISTRICT
(a) Permitted Use. The following uses or combination of uses shall be permitted in this
Planned Industrial Park District.
(1) Recreational Facilities. Recreational facilities and other personal enrichment
facilities shall be permitted. Examples of recreational facilities include, but are
not limited to the following indoor and/or outdoor activities: soccer Tacilities,
skating/hockey rinks, tennis facilities, softball facilities, racquetball facilities,
gymnasium facilities, fitness training facility, running track, football facilities,
volleyball, golf courses, miniature golf, putting courses, driving ranges, miniature
vehicles (go-karts) on self-contained tracks, batting cages, baseball facilities,
bocce ball courts, field hockey, lacrosse, badminton, handball, squash, in-line
skating courses, skateboard facilities, remote controlled boats or vehicles,
amusement arcades, and swimming pool subject to the limitation set forth in
the deed restrictions recorded in official record volume. See attached deed
restrictions.
(2) Recreational Areas. Recreational fields and activities associated with them
shall be permitted. Examples of recreational activities include, but are not
limited to, the following: special events, tournaments, sports clinics, camps,
schools, training sessions, leagues, and festivals. These areas may be utilized
by members of this industrial park as well as other groups or individuals
outside this industrial park.
(3) Commercial Establishments. Commercial establishments normally associated
with and intended to serve this industrial park's visitors and employees and
approved as part of the development plan. Examples of the permitted uses
include, but are not limited to, the following: retail sales of sports related items,
restaurants- and sports bars to be located in Phasea II and III only, along with a
banquet/catering facility, snack/beverage sales, and various other special events
and incidental uses (as the term incidental use is defined and permitted as provided
in the aforesaid deed restrictions), motels, hotels, dormitories, day-care, pre-
school, babysitting services, and office and medical office. No nevem restaurants,
sports bars or banquet facilities are permitted in Phase I unless they are a part
of a multi—pose sports complex on the 1,963 acre site.
(4) Industrial Development. Light manufacturing, processing, light warehousing
and industrial service activities located and maintained within the limits of
the development standards of this Planned Industrial Park District and in
accordance with the approved development plan.
(b) Procedure
(1) Submission of Application. The owner, Steele Land Company, (Allen Shepherd
requests that approximately 111.5 acres as indicated on Figure 1
( 7JeyejQpm��) be amended on the Zoning District Map as a Planned
Industrial Park.
(2) Development Plan.
A. The proposed location and size of recreational facilities, recreational
areas, commercial establishments and industrial areas are indicated
by Figure 1.
The proposed location and size of specific areas can be seen on the
Development Plan (Figure 1). The intent for this development is to
provide a variety of parcels for =. Specific limitations or controls
to be placed on these uses can be found in the following development
standards.
A landscape plan showing perimeter buffer plantings and street tree
plantings shall also be included with this submission. (Figure 1)
B. The proposed location and size of non -industrial uses within the tract
indicating types of proposed uses such as commercial, community
service or facility, or other associated non -industrial activity.
The project shall have commercial components: a commercial
component of approximately 4.273 acres containing the Can Am track,
batting cage, miniature golf, retail space, a concession stand, a family
entertainment center.
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C. The proposed provisions of water, sanitary sewer, industrial waste
disposal and surface drainage facilities, including engineering
feasibility studies or other evidence of reasonableness are as follows.
Currently water, sanitary and storm sewer exist on the site. A 16 inch
water line and a 36 inch storm sewer line extend south on Eiterman
along the Nanolab, Inc. property to the applicant's eastern property
edge and a 16" water line and 12" sewer line exist on-site. (Figure Z).
Utilities shall be developed in phases.
- 2 -
Medical and industrial waste disposal shall be appropriately handled
in compliance with all local, state and federal requirements.
The site has an existing drainage swale, the south fork of Indian Run.
The existing drainage flows shall be maintained across the site but may
be rerouted. Additional surface drainage caused by development shall
be contained in parking areas and potentially in additional detention/
retention ponds if necessary and will be released into the appropriate
drainage structures.
Drainage detention for the site shall be as per MORPC guidelines as
approved by the City Engineer. The site shall be treated as a unit with
a single drainage design and a drainage plan shall be developed for the
entire site. Each site shall detain water as per MORPC as well as the
entire 110 acres shall exceed MORPC guidelines.
The proposed right-of-way shall be cleared of non -conforming items.
An appropriate mechanism for maintaining roadway drainage shall be
designed and constructed as approved by the City Engineer. The
roadway ditch may be enclosed and added to the site drainage system
at the developer's option.
The storm and sanitary sewers will be designed and constructed in
conformance with the engineering requirements and standards of the
City of Dublin and there should be no adverse affect on adjacent
property ownors.
An engineering master plan showing drainage, utilities, roads and access
locations have been submitted. This shall show how the site will be
served by water and sanitary drainage. All engineering considerations
shall be approved by the City Engineer and developer prior to the
issuance of any building permits.
D. The proposed traffic circulation pattern showing public and private
streets and other transportation facilities, including their relationship to
topography and existing transportation facilities with evidence of
reasonableness.
The proposed traffic circulation pattern is indicated on the Development
Plan. Along Cosgray Road, two curb cuts shall be permitted as entries
to this development and shall be spaced at a minimum of 200 feet apart.
An additional curb cut shall be maintained on Cosgray Road to serve the
existing restaurant in the same location as currently exists or in a similar
location, as approved by the City of Dublin and Washington Township
Fire Department.(See Figure 31
-3-
Major internal public roads shall have a public right-of-way of 60 feet.
All other public roads shall have a right-of-way of 50 feet. All right-
of-ways are indicated on the Development Plan (Figure 1). Appropriate
right-of-way widths shall be reviewed by the City of Dublin Engineer.
A road shall stub to the east or south with the intent of providing access
to adjoining parcels on Eiterman Road or Shier Rings as per city master
plan.
The driveway and approach geometries shall be designed and
constructed as approved by the City Engineer. This includes sight
distance requirements.
All proposed streets shall be designed and constructed according to
City of Dublin Engineering Standards.
E. The proposed schedule of site development and associated facilities,
including streets, other transportation facilities, utilities, services and
other facilities.
Phase I and Phase II site construction is complete.
All utilities shall be designed and installed as approved by the City
Engineer.
F. The proposed development will offer uses compatible with planned and
existing uses. A Dublin city park is in the planning stages on Cosgray
Road across from this park.
The proposed street system will offer adequate circulation through the
site. A street shall stub to the east or south for future development
and connection to Eiterman Road. See Figure 3 suggested road layout.
Internal pedestrian circulation shall be provided in the form of sidewalks
aLM_p.uh ic_tfe=A d tQ--eadiAm l ag Addilional-walks m Ly bid
for inter -connection of sites All walks will comply with city codes.
G Evidence that the applicant has sufficient control over the land to prepare
required land improvements, including street, water, sanitary sewers,
waste disposal, surface drainage and other facilities for subdivision
development required by the Subdivision Regulations. Evidence of
control includes property rights and the engineering feasibility data which
may be necessary.
(c)
The applicant affirms that he has sufficient control over the land to prepare
all improvements necessary for the development of this Planned Industrial
Park.
Development Standards
The following standards shall be used in this development. Unless otherwise
addressed, the provisions of Section 153.070 to 153.076 of the City of Dublin
zoning code shall apply.
(1) Intensity of Use.
A. A use permitted in this district shall enclose its primary operation
within a structure or be screened from view from adjoining
public right-of-ways outside the park and properties (outside the
park) by landscaping, walls, or fences, not more than twelve feet
in height. Recreational uses shall not be required to be totally
screened or enclosed. Walls, fences or landscaping shall have an
opaqueness of seventy-five percent (75%) or more, so as to
effectively conceal production, storage, service and loading
operations from adjoining streets and zoning districts outside of
the park. Industrial uses shall be screened and/or contained so as
to be effectively screened from all adjoining properties excluding
uses within the park.
B. Maximum square footage per acre shall be limited to those
specified below:
USE
Manufacturing/Warehousing
Recreational Facilities
Office/Light Manufacturing
Industrial Services
Retail/Commercial
Office/Medical Office
MAXIMUM SQ. FT./ACRE
12,000 sq. ft./acre
12,000 sq ft/acre
10,000 sq. ft./acre
12,000 sq. ft./acre
10,000 sq. ft./acre
10,000 sq. ft./acre
Food and Drinking Establishments 10,000 sq. ft./acre
Outdoor Recreational Facilities No Maximum
Outdoor Recreational Activities No Maximum
Outdoor Recreational Areas No Maximum
* For recreational uses and because there are large amounts of
green space and landscaping incorporated into the project, lot
coverage for recreational uses shall be calculated for the entire
planned development site and not parcel by parcel. Overall lot
coverage will comply with the City of Dublin lot coverage ordinance
- 5 -
(2) Lot Width. No minimum lot width is required. However, all lots shall
abut a public street or otherwise provide access to such public street by
means of roadway (ingress/egress) easement.
(3) Setbacks. Side Yards, Rear Yards, Front Yards.
Setbacks for this specific Planned Industrial Park have been designed to
create greater setbacks for buildings and industrial uses while permitting
less intense uses and recreational uses more flexible setbacks.
The following chart indicates front, rear, and side yard setbacks for all
uses.
USE
MAX FRONT REAR SIDE
SF/ACRE YARD YARD YARD
BLDG/PARK BLDG/PARK BLDG/PARK
lvlallulQ�tui ms 12 ,000 SF 50'/ 30' 50' / 25' 25'/ 15'
Warehousing 12,000 SF 50'/ 30' 50' / 25' 25'/ 15'
Recreational 12�40_0_SL' * 50'/ 30' 50' / 25' 25'/ 15'
Facilities
Office/Light .
10,000 SF
;Manufacturing
OfflcefWarehousing
10,000 SF
Retail/Commercial
10,000 SF
Off iGe
10,000 SF
Motel / Dorm
10,000 SF
50'/ 30'
50'/ 30'
50'/ 30'
50'/30'
50'/ 30'
50' / 25'
50' / 25'
30' / 25'
30' / 25'
30' / 25'
25'/ 15'
25'/ 15'
25'/ 15'
20'/ 15'
20'/ 15'
Special Notes:
A In no case shall any lot parcel abutting a perimeter property line shall have a minimum
pavement and building setback of less than 25'.
B. Consideration abbe given to all sites related toap rking requirements a;�parts_Ohio
has crossoverap rking agreements within the park
O. Due to the nature of the fun park/restaurant/banquet facility area of Sports Ohio and
with the condition that the uses of the buildings concerned be of a restaurant/
recreational/banquet facility nature and not industrial, a special 30' setback will be
permitted for the buildings in this area and a 5' setback for parking, provided further
that a barrier of hedge or fence is placed between the right-of-way and tl'e parking lot.
All fences and hedges are subject to engineering approval for site distance.
Further, when the restaurant is built, the overhead walk must be built at the same time.
In the event the overhead walk is not built, the restaurant setback will revert to 50'.
The 5' parking setback is from station 1500 to 2900 on Dublin Park Drive.
D. An aerial photo is submitted with this text revision to show existing conditions This
will serve as an "as -built to date plan".
E. Accessory structures, excluding along perimeter property lines, shall be permitted to
utilize the above mentioned building setbacks in all yard requirements.
(4) Improvements Required. The following improvements shall be required:
A. Street improvements within or adjacent to the tract in accordance with
the requirements of the Subdivision Regulations;
B. Water and sewer facility improvements in accordance with the requirements
of the Subdivision Regulations.
(5) Plat and Landscape Required. The subdivision plat shall be developed and
recorded in accordance with the Subdivision Regulations. Landscaping shall be
accomplished in accordance with the approved landscape plan in conjunction
with development of adjacent lots in the industrial park. (Ord. 21-70.
Passed 7-13-70).
(6) Landscaping.
A. Perimeter Landscaping
(1) A 25 foot perimeter setback will be reserved around the entire 111.5
acre tract as a landscape buffer.
(2) This perimeter landscape buffer shall be planted with evergreen trees.
These trees shall achieve a height of ten feet or more within five years
of normal growth and achieve an opacity of 75%.
-7-
(3) The perimeter landscape buffer for each phase shall be planted prior
to the start of building construction for that phase.
(4) The landscape plan shall be submitted with the subdivision plat and
shall be subject to approval in the same manner as required of the
subdivision plat.
B. Interior Landscaping
(1) Vehicular Use Areas: Any open vehicular use area, excluding loading,
unloading and storage areas containing more than 6,000 square feet of
area, or twenty or more vehicular parking spaces, shall provide interior
landscaping in addition to the required perimeter landscaping. Interior
landscaping may be peninsular or island types. All interior landscaping
shall conform to the standards set forth in Section 153 134.
(2) Service Structure: Any service structures including but not limited to
loading docks, dumpsters and transformers shall be screened per land-
scape code requirements. This screening shall enclose the structure on
all sides. This requirement does not apply to bridges and sports related
service structures such as back stops, etc.
(3) Building Area Planting: In addition to the landscape requirements for
vehicular use areas and service structures, there shall be tree plantings
equal to one additional tree for every 1,000 square feet of building
ground coverage or fraction thereof. To be included on landscape plan
submitted for review and approval by developer and City of Dublin.
(4) Plant Materials: Plant materials shall be selected that are tolerant to
local conditions. Preference should be given to indigenous species.
GO
'
C. Any other landscaping not expressed in this section shall be governed by the
requirements of Section 153-130 to 153.139 and appendices A thru E,
(Landscaping, of the City of Dublin Zoning Code).
D. 12' and 6' safety and security fencing will be installed as per Figure 1.
(7) Signage.
A. All signage, graphics and signage setbacks shall comply with the City of
Dublin Sign Code Section 153,150 to 153,1 4 except as noted in this
text page 9, 7E,
WE
B. All signage and graphics shall be carefully coordinated with the building
and architecture and all signage must be presented to and approved by the
developer and City of Dublin before construction.
C. Directional and regulatory signage shall be a common type and consistent
throughout each parcel and approved by the developer and the City of Dublin.
D. Development site signage shall be approved as part of the development plan
Fi r
on Cos.gray Road with the setback based on existing field conditions,
(8) Offstreet Parking & Loading.
A. All parking and loading requirements shall be met by the standards
set forth in the City of Dublin Zoning Code, Section 153.200 to
153.212. Parking for recreational facilities shall be subject to review
and approval by staff
(9) Architectural Theme.
A. All buildings shall consist of tan split face block and dark brown
metal siding. A minimum of 1/3 of the front shall be tan split face
block.
B. Color palette for buildings shall consist of earth tones with tan
split face block and dark brown metal siding and trim (See
Item Q.
C. Additional color accents and site features may be utilized, limited
to 20% of surface area of building or lot coverage. Any additional
color features must be reviewed and approved as part of the site
development plan. This would include, awnings, covered
walkways, trellis systems, non -advertisement, columns, entry
features, recreational equipment/devices, playfield equipment, etc.
D. All parking lots shall be asphalt and all parking lot curbs
extruded concrete, excluding temporary special event overflow
parking if approved by the developer, as part of the site
development plan.
E. All plans must be approved by the developer prior to submittal
to the City for permits, whether for initial construction or
remodeling.
MOR
(10) Lighting
A. All lighting shall be in accordance with the City of Dublin
Guidelines.
B. All external light fixtures including pole or wall mounted, and
parking lot lighting shall be a cut-off type fixture from the same
manufacturer and of similar type and style (excluding sports
and recreation lighting).
C. All light fixtures chosen should minimize glare and light trespass
on to adjacent properties.
D. All light poles and standards shall be dark in color and shall be
constructed of dark wood, or dark brown or bronze colored
metal.
E. Accent lighting of buildings or landscaping shall be permitted
if of cut-off variety from concealed sources and/or shielded
so as to reduce off-site glare and light trespass. Any light
source must be white (non -colored).
F. Sports/recreation lighting may utilize non cut-off type lighting
so long as designed to minimize glare and off-site light trespass.
-10-
CIN OF DUBLIN CORP.
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4.273 ACRES
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ONTO STATE
UNIVERSITY
BOARD OF
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32.561 ACRES
\ ERC�P� OR1 0 R
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SA ASSOCIATES
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Cl— OF DUBLIN CORP.
S.R. ASSOCIAI:S
DORTHA M. BOWMAN
KGUM n
NANOLAB, INC.
�CIT( OF DUBLIN CORP• UNE
FRANCES H. "SON
GRAPHIC SCALE
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PROPOSED ZONING
DISTRICT BOUNDARIES
FOR
NORTHWEST DUBLIN
COMMERCIAL PARK
A.K.A. SPORTS OHIO
STEELE
LAND
COMPANY
6295 COSGRAY ROAD, AMLIN, OHIO 43002 e
1
(614) 889-5510 FAX 889-6680 0
5
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SITE PLACEMENT OF VARIOUS PROPOSED FACILITIES IS
FOR EXAMPLE ONLY AND IS NOT i0 BE CONSTRUED
AS THE FINAL SELECTED SITE FOR ANY SPECIFIC USE.
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SITE ACREAGE: 111.47 AC.
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spits
O
OHIO
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LAND
COMPANY
E295 CCSC,acY RGAD. DUCLIN, r)Hi) 4
SITE PLACEMENT OF VARIOUS PROPOSED FACILITIES IS
FOR EXAMPLE ONLY AND IS NOT TO BE CONSTRUED
AS THE FINAL SELECTED SITE FOR ANY SPECIFIC USE.
FIGURE 3
tawmC SCua
tare
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MONITY MAP
acu: r-sro
TRAFFIC
CIRCULATION PLAN
FOR
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COMMERCIAL PARK
sp o
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OHIO
STEELE
LAND
COWANY
5295 COSGRAY ROAD. DUBLIN, OHIO 43016
89-1_5'0 -1.1 '89-5F,80
/111 J20180076.000
I I I l May 8, 2018
OSBORN
E ING IN E E RING Mr. Tim Elmer
Operations Administrator
Facilities
6555 Shier Rings Road
Dublin, OH 43016 sent via email: TElmerColdublin.oh.us
RE: Dublin Chiller Building and Parking Lot Assessment — Preliminary Draft Report
7001 Dublin Park Drive, Dublin OH
Dear Mr. Elmer:
At the request of the City of Dublin, Osborr gineering mpany (OEC) in conjunction
with our architectural sub-consultant (m+a rchitects) conducted a facility condition
assessment at the existing Dublin Chiller building and parking lot located at 7001 Dublin
Park Drive, Dublin, Ohio. The assessment included Architectural (provided by m+a
architects), Civil/Site, Mechanical, Electrical, and Plumbing systems. The objectives within
this assignment include perfornreg a survey of the existing building and its systems and
providing recommendations for cllity including a summary rough order-of-magnitude
costs for equipment replacement epair within the next 20 years for major systems.
OSBOR 2VATIO PORT 11#44 ko
As part oit 1�zstudy repctorecomme ations are made as to the approximate extent of
CLEVELAND repair, repair materials/t moues, an their associated costs. While the condition survey
1100Sueerlor Ave, STe 300 was performed with carey$ erienced persons, OEC and m+a make no warranty that all
Cleeeland, 01144114 defects or existing conditions were discovered. This observation report is based upon visual
1216661 2020
observations limited to areas not covere$6y obstructions. No testing was performed on
AKRON materials or structural systems. Existing construction documents for the building were
1201 E. Market St,, Ste 200
Amn, OH 44305 provided at the site d elec-re c copies of the dravAngs were made available for review
1330.535 3132 for Nobservation
rt. This servation report is in no way a guarantee to the future
COLUMBUS perof the ing architectural or structural materials or systems for the building
000 West Third Ave, Ste 200 tr
Columbus, OH 43212
1614.5564272
DENVER DCfi T1lilOnS
242017Th Street
Deriver, C080202 For the purposes of our condition survey, the following definitions are used for descriptive
t 303.309 2074 purposes:
DETROIT
1001 Wootlward Ave, 5m H Very Good "Like new" state, and is performing function as intended
Detroit MI 46226
1313.915 C14 Good Little deterioration, and is performing function as intended
FT. LAUDERDALE
1948 E. Sunrise Brod Ste 1 Fair Minor deterioration, and is performing functon as intended, but
Ft. Lamkrdale, FL 33304 rate of deterioration has begun to accelerate
1954.767 8686
..me m-eng.Eom
rolft
Poor Significantly deteriorated and/or is no longer functioning as
intended
Obsolete Completely deteriorated, and state represents a potential hazard
to the overall conditlon of the facility
Iy�N1YYIIKYKYlYNb6YY]NYN.1V YYN�F�'
Architectural Systems
Exterior
Building Envelope
The building is a large metal building approximately 85,000 sq.ft. and constructed in 1993. The building is
organized in basically four masses. The large box area where the two ice rinks and viewing areas are
located. The lower front mass that includes the offices, public restrooms and public lockers. The building
ice making mechanical room and storage for the Olympia ice maintenance machines are housed in a one
story areas on the East Facade. And the fourth massing is the main central West elevation two story space
that includes the Main Entrance, the skate rental area and concessions.
The exterior walls of the large box are 2" vertical metal corrugated panels. These panels are insulated and
include a vapor barrier on the inside with vinyl faced blanket insulation. The roof of this area is also a
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galvanized standing seam metal roof with a 6 inch by 12 inch pitch. Water drains to large gutters and
downspouts.
The West office and restroom areas are enclosed with an 8" split faced Concrete Masonry Unit (CMU)
system, and the inside of the wall is 1 Y" furring with rigid insulation and painted 5/8" gypsum wall board.
The upper wall is covered with a corrugated metal panel. The same galvanized standing seam is used in
this area. Gutters and downspouts receive the roof run off water.
The ice making mechanical and storage areas are constructed the same as the office areas except the
roofs are shed roof designs and a third of the roof area is a flat membrane roof that has cooling towers and
fluid coolers installed.
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The front central enhance mass is a Stucco covered area with large areas of glass and aluminum storefront.
The same galvanized metal roofing material is used on the roof of this mass as well.
Various types of doors are used on the exterior. The Main Enhance and office masses use aluminum store
front system doors with full glass lites. The large box and mechanical areas use painted hollow metal doors
and frames. Overhead coiling doors and painted hollow metal doors are used in the mechanical areas.
Windows are mainly located in the front Office and Public areas and are aluminum framed fixed lite systems
which have insulated glass units throughout.
Exterior Architectural Observations
Stucco at the main entrance is cracked, spelled, and missing in several areas.Water will infiltrate and
continue to break the bond which adheres the stucco to the substrate.
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There is a roof leak and overflow problem at the north side of the main entrance and the office
mass.
The exterior metal siding is weather tight but several areas have been damaged by lawn mowers.
Below: overhead coiling doors, exposed hardware, bollards, and hollow metal man doors show
corrosion and failing paint.
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The mechanical mezzanine level roof top equipment area has a membrane roof which shows
several patched areas, has standing water. Management reports continuous leaks. Water
overflows the roof edges and is damaging the lower steel and slashing materials.
Joints between the CMU building areas and concrete paving need replaced.
The overall condition of the exterior is "Fair Condiflon".
Interior:
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Lobby area
The walls are painted gypsum board with lower wainscot of FRP or ceramic tile. The lobby ceiling is
sloped and finished with a 2 x 4 acoustic tile and grid. The skate rental area is constructed of painted
gypsum board walls with painted plywood protective wainscoting. The counters are painted plywood
construction. The floor is rubber flooring. Small shoe and valuables lockers are provided. The interior
doors between the lobby area and the skating rinks are hollow metal with knock down frames. Some
doors have the original 3 and 4 pairs of hinges, some have been replaced with continuous hinges.
Concessions area
Public Restrooms
Walls are painted gypsum board with FRP wainscoting.
Floors are sheet rubber flooring
Office Area
Walls are gypsum board finished with wall covering.
The floors are carpet tiles over a concrete slab on grade.
The office ceilings are a 2 x 4lay-in acoustic file.
The office doors are solid core wood in hollow metal knock down frames.
and restrooms:
The walls are painted CMU and painted gypsum board.
The floors are sheet rubber flooring and showers are epoxy painted concrete slabs. The toilet partitions
are phenolic panels. Vanities are plastic laminate and wall hung lavatories are installed.
Ceilings in these areas are all 2 x 4 lay -in acoustic tile.
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Skating rinks 1 & 2 areas.
The building perimeter walls and the ceilings are vinyl membrane covered Blanket insulation. The interior
walls are painted gypsum board and painted CMU. The floors around the rinks are covered in sheet
rubber. The ice rinks have a galvanized steel frame that holds plastic reinforced sheets and acrylic vision
panels above. Above the vision panels are safety nets. Rink # 1 has aluminum bleachers. Between the
two skating rinks is a mezzanine that is an elevated concrete slab with painted steel guard height railings
and four access stairs with painted steel rails. The mezzanine level also features a large meeting room
with views of both ice rinks. An electric motorized ADA single person lift is also available to access the
mezzanine.
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Mechanical Rooms, ice machine garages, electrical rooms
Interior Observations
Epoxy painted shower floors are delaminating.
A roof leak between the higher box mass and the lower maintenance spaces has streaked the wall and
likely a roof flashing needs repair above this area.
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Restroom and locker room areas show water damage to gypsum wall board areas and need repair.
Gypsum wall board damage at the main entrance column.
Seven pairs of large hollow metal doors with full lite glass panels are located between the lobby and the
ice rinks. These doors are installed in knock down hollow metal frames and the frames are failing and the
doors and hard ware are sticking and difficult to open because of sagging. These are egress doors and
present a potential exiting problem.
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The wall and ceiling vinyl coated blanket insulafion panels have been damaged by hockey pucks. The
vinyl coaling acts as the vapor barrier and the holes have penetrated the vinyl are breaches in the vapor
barrier envelope and eventually condensation will cause the panels to deteriorate and sag.
Vinyl file in the concessions area has water damage at the ice machine area and needs replaced.
The overall condition of the interior spaces is "Fair Condition'
Civil/Site Review
Parking Lot Assessment
• There are nine (9) ADA parking stalls meeting ADA requirements (minimum is 7) for the 290
space parking lot. Of the nine ADA parking spaces, 2 are required to have van accessibility
which is not provided in the current parking lot striping.
• The facility has ADA access from the parking lot at both the building entrance and building's
south end. Curb ramps do not meet City of Dublin ramp width requirements of 4' minimum with
majority of the ramps currently having a width of 3.5'.
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The sidewalk overall is in good condition with the concrete drive aprons being in fair condition and
asphalt parking lot in poor condition. Recommend having pavement borings performed at areas
where pavement is failing to determine extent of pavement repair.
Pavement deterioration at parking lot east end holding water. Area in need of full depth repair.
Fractured pavement starting to deteriorate Replaced pavement area in fair condition
Fractured pavement at south end of parking area near building entrance deteriorating and
holding water.
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Pavement fracturing south of building
Pavement deterioration S. end of building
Main entrance
Pavement deterioration S. end of bldg.
Main entrance
Pavement fracturing at curb ramp. The eight
(8) ramps are currentiy3.5' wide and are
required to be 4' is minimum width per
City of Dublin standard drawings.
Fractured pavement in front of main entrance Fractured pavement at west entrance
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IT AIMFYRZIW1W.
Pavement deterioration at curb inlet and Pavement deteriorating around curb inlet
underneath curb at south end of parking lot. structure
Pavement fracturing at far west end
Broken PVC conduit in need of removal
Pavement deterioration in far west end Pavement holding water in far west end
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Pavement fracturing south of building
Pavement fracturing around concrete collar.
Will contnue to fail with additional drainage.
Pavement fracturing south of building
Storm structures east of building without
concrete collar.
Concrete drive pavement fracturing
Middle Drive Apron
Concrete drive pavement fracturing
East Drive Apron
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Concrete drive pavement fracturing
West Drive Apron
Ponding in parking lot and not draining properly. Replaced pavement area in good condition at
parking lot northwest area.
• Majority of the storm structures in the parking lot have concrete collars providing additional
support. Concrete collars were not installed at the storm structures located at the rear of the
building (east end) and at the curb inlet storm structures located at the south end of the parking
lot. Pavement located around the curb inlet storm structures have eroded and have become
unstable.
Plumbing Systems
• The water service to the building is original with service entrances near the northeast corner of
the building. The services are from a tap into a 12 -inch municipal main along Dublin Park Drive. A
4 -inch fire protection (FP) and a 2 -inch building service line enter into a mechanical room. The
domestic water service includes a reduced pressure zone backflow preventer. No double check
was observed for the FP service. There are two 4 -inch FP risers within the Sprinkler Room and a
4 -inch line to the FDC. The facility is fully sprinklered with a wet system having dry heads at the
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entry. FP systems are subject to periodic testing and have typical service life of up to 50 years.
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• The sanitary for the building is connected to an 8 -inch sanitary line that is located along the west
side of the building beneath the parking lot. Piping systems have a typical service of 50 years.
There are no reported issues with piping systems and recommendation for replacement is
expected to be beyond 20 years.
• A 1 -inch natural gas service (Columbia Gas) is routed from a tap along Dublin Park Drive to a
meter adjacent to a mechanical room located near the center of the east exposure of the facility
with a 2 -inch line entering the building. The gas distributon system appears to be in good
condition and is not expected to need replacement before its 50 -year typical service life.
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With the exception of shower fixtures in locker rooms which were reported to have been replaced
in 2016, plumbing fixtures are original to the building (25 years old). Water closets are flush tanks
and urinals have flush valves. There is a hand wash sink and 3 -basin in the food preparation area
and mop basins in utility closets. The ice rink facility is heavily used for public use and for sports
organizations activities. In general, plumbing fixtures are in fair to poor condition. Typical service
life for plumbing fixtures ranges from 30 to 50 years. From the observed conditions, replacement
for the plumbing fixtures is recommended in the intermediate term plan (5-10 years).
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• Domestic hot water is a tank type configuration with a 500 MBH Lochinvar Copperfin II boiler
installed in 2006. Periodic capacity issues are reported to occur with the use of 130F water to fill
the Olympia ice surfacing machines. The domestic water heating system appears to be in fair
condition. The typical service life is 25 years. Replacement is anticipated in the long term facility
repair plan (10-20 years).
HVAC Systems
• The heating, ventilating, and air-conditioning (HVAC) systems for the Chiller date from the original
construction of the facility with the exception of the boilers. Central plant equipment—boilers, a
roof -mounted air-cooled chiller, pumps, etc.—generate and distribute heating hot water and
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chilled water through a piping distributon system to air handlers, blower coils, fan coils, and duct -
mounted reheat coils throughout the building.
• Air handler, AHU-1 (100 % OA, 4 -pipe, preheat, cooling coil, and reheat coil), supplies 10,000
CFM of conditioning air to the two rinks. It is a four -pipe hydronic unit suspended above the
mezzanine located between the two rinks. It is reported to be able to operate manually only.
Humidity control in the spaces has been problematc at times. Typical service life for air handlers
is 20 years. The unit is 25 years old, operating marginally, and requires frequent maintenance. It
is recommended for replacement in the near term (0-5 years).
• Heating -only air handler systems, AHU-2 (serving LockevShowers 1 through 4) and AHU-3
(serving HS Home Team and Changing Area) are located in mechanical rooms on the mezzanine
and are ducted to the locker rooms below to provide makeup air for areas served which are 100
percent exhausted. Their combined supply air is 6,100 CFM. They are beyond the 20 year
service life and are recommended for replacement in the intermediate term plan (5-10 years).
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Air handler, AHU-4 (100 % CA, 4 -pipe, 4,000 CFM cooling coil, and heating coil), serving Locker
Areas 5-8) located above the ceiling provides heating and cooling. It is reported in fair condition.
AHU-4 is beyond the 20 year typical service life and recommended for replacement in the
intermediate term plan (5-10 years).
• AHU-5 is a 3,225 CFM heating and cooling mixed -air unit and serves the Public Locker Area and
the Entry areas. It is reported in fair condition. AHU-5 is beyond the 20 year typical service life and
recommended for replacement in the intermediate term plan (5-10 years).
• AHU-6 is a heating and cooling mixed -air unit and serves the offices in the Northwest portion of the
building. AHU-4 is beyond the 20 year typical service life and recommended for replacement in the
intermediate term plan (5-10 years).
• FCU -1 is a 600 CFM fan coil heating and cooling fan coil unit that serves the area designated as
the Gift Shop on the original Architectural drawings. Fan coil units have a typical service life of 20
years. It is reported in fair condition. AHU-4 is beyond the 20 year typical service life and
recommended for replacement in the intermediate term plan (5-10 years).
• FCU -2 is a 400 CFM fan coil heating and cooling fan coil unit that serves the area designated as
the Video Game (adjacent to the Entry) on the original Architectural drawings. Fan coil units have
a typical service life of 20 years. It is reported in fair condition. AHU-4 is beyond the 20 year typical
service life and recommended for replacement in the intermediate term plan (5-10 years).
• The ductwork distribution system (including air devices and insulation) and piping distribution
systems (including insulation) associated with air handlers have a typical service life of 30 years.
Replacement of these systems is recommended at the time of air handling systems replacement.
Costs associated with replacement of ductwork systems have been included in the costs to replace
air handlers in the Dublin Chiller Estimate table later in this report.
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• A number of small heating -only units (gas horizontal unit heaters, electric cabinet heaters, electric
base boards) are located in various areas and appear to be in fair to poor condition. They are
recommended for replacement in the near term (0-5 years).
service life of 30 years. They are recommended for replacement in the
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• The radiant system for comfort mounted above the mezzanine is reported not to have operated for
some time. Further, the system is deemed not necessary. It is recommended that the system be
abandoned in place until the time of a major renovation.
• HVAC Central Plant
o The Trane CGAC114 air cooled chiller has reached its typical service life of 25 years. It
currently is reported to operate in fair condition. The refrigerant for the unit is R22 which is
no longer manufactured and to be phased outper the Montreal Protocol. Itis recommended
for replacement in the near term (0-5 years).
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o The two (2) 10 HP end -suction chilled water pumps are past the typical service life of 25
years. One has had a motor replaced. The pumps appear to be in fair to poor condition.
They are recommended for replacement in the near term (0-5 years).
o The two (2) RBI Futura II / MDF, 1,000 MBH gas-fired boilers were installed in 1997. No
operating difficulties were reported at the time of the site visit. The units appearto be in fair
condition. Typical service life is 23 years. They are recommended for replacement in the
intermediate term plan (5-10 years).
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The two (2) 5 HP end -suction heating hot water pumps are past the typical service life of
25 years. The pumps appear to be in fair to poor condition. They are recommended for
replacement in the near term (0-5 years).
Hydronic piping, chilled water and heating hot water, has a typical service life of 30 years.
The condition of the interior of the piping is difficult to assess and depends and the history
of chemical water treatment for the systems. It is recommended that piping systems be
tested for remaining wall thickness in the future to gauge the remaining useful service life.
Piping systems are reported to have been functioning in fair condition. Piping insulation is
in fair to poor condition. It is recommended that the piping and insulation systems be
replaced in the intermediate term plan (5-10) years.
It is recommended that a building -wide system of directdigital controls (DDC) should be added to
control building HVAC system for the purposes of utility cost reductions, appropriate control of
indoor environmental conditions, and ease of facility operations scheduling. Humidity conditions
within the facility are not controlled effectively; fogging occurs on occasion and portable
dehumidifiers are used in locker areas to control moisture. 20 years is the typical service life
indicated for controls systems, and current controls are in poor condition. A central DDC system
is recommended so that as HVAC equipment is replaced, the control of that equipment can be
added to the central which will allow coordinated control of all systems throughout the facility.
Ice -Making Refrigeration Plant and Distribution System.
Ice rink ice -making systems use ammonia -based mechanical refrigeration systems capable of
generating temperatures sufficiently low enough to freeze rink ice from a grid system below the
sheet (either sand -based or concrete based). Brine, cooled by the ammoniachiller equipment,
circulates through the grid and then flows back to the chiller. As well, a second underground grid
(below the chilling grid used for freezing) is a second grid which provides heating for a periodic
warm up of the materials below the sheets to prevent heaving. This periodic heating is performed
on approximately a five-year basis. Heat rejection from the refrigeration equipment is
accomplished using an evaporative condenser which is roof -mounted at The Chiller. Several
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conversations were held with service personnel from the company who services and originally
installed the systems at this facility. There are several indications that the mechanical refrigeration
system and the brine circulations should be replaced.
• The heating grid system below both sheets has failed and has been valved off. As a precaution,
periods of allowing the ground beneath to warm up have increased in frequency to a 3 -year basis.
• Piping to the evaporative condenser was recently replaced which may be an indication of
remaining life of some piping systems. Corrosion is observable on many components.
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• Makeup fluid has been added to the brine system in the last several years moreso than had been
added in previous years. This may be an indication of some leaking occurring. Brine systems are
monitored regularly several times through the year.
• The refrigeration system at 25 years old is beyond the typical service life for chiller systems. The
appearance of the system reflects the aging of the equipment. The compressors have over
100,000 hours operation each. The controls system has experienced some failures in recent
years. The Evapco PMCA 300 evaporative condenser has a typical service life of 20 years.
• It is recommended that the mechanical refrigeration system and the brine/grid system be
replaced in the near term (0-5 years).
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• There are currently two Olympia ice re -surfacing machines on site. Each Olympia has been
reported to have well over 100,000 hours of runtime. One of the machines was reported to need
replaced in the near future. These machines have a typical life span of approximately 15 years.
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It was also reported that the Chiller had recently purchased 3 new ice resurfacing machines and
was in the process of determining which facilities were to get new machines. At the time of
discussion, it was planned that one new machine would be utilized at the Dublin Chiller.
• With the assumption that Dublin Chiller will be receiving one of the new machines, it should be
planned to need to replace the new machine within the long term plan of (10-20 years) given the
typical service life of 15 years. It should then be planned to replace the other existing machine
within the intermediate plan (5-10 years).
Electrical Systems
The existing facility electrical service is provided by AEP Ohio and is located on the Northeast
side of the building. It is served by an oil -filled pad mount 750kVA, 13.2kV-480/277V utility
transformer. The transformer is utility owned and is maintained by AEP Ohio. The electrical
service to the facility is a 480/277V, 3-phase, 4 -wire, 1600A service. The main service disconnect
is a 1600A main circuit breaker located in Main Distribution Board MDP. MDP is located within the
main electrical room in the East end of the building.
The main distribution panel MDP, located within the main electrical room is a Square D QED
Power Style Switchboard. It is 480/277V, 3-phase, 4 -wire, 1600A distribution switchboard with a
1600A main circuit breaker equipped with an electronic trip unit. The distribution board appears to
be in fair condition and was installed when the building was constructed in 1993. There is space
for approximately 5 additional circuit breakers to be added within the gear for serving future loads
or panelboards. According to the last 12 months of electrical utility bills, the peak on the building
is approximately ###A and was seen on ###. The equipment is 25 years old and has an expected
life of 30 years. It should be expected to replace the main distribution switchboard within the
intermediate term plan (5-10 years).
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The general branch panelboards throughout the facility are all manufactured by Square D and are
in good condition. All of the panelboards except the concessions load -center panelboard were
installed in 1993. The panelboards are 25 years old and have an expected life of approximately
30 years. It should be expected to replace the panelboards within the intermediate term plan (5-
10 years). As seen below in the summary, there are very few spare circuit breakers or spaces for
circuit breakers to be added to these panelboards. It is recommended that when the panelboards
are replaced, that they be replaced with panelboards of larger than 42 -spaces such as 54 -space
or 72 -space panelboards to provide spare spaces for any equipment that may need to be added.
Below is a summary of the panelboards within the facility:
o Panel LP -1 — Square D NEHB series panelboard, 480/277V, 3-phase, 4 -wire, 225A main
lug only. Panelboard is 42 -space and does not have any available spare circuit breakers
or spaces. The panel is located in the main electrical room and serves a majority of the
facility lighting and various HVAC equipment.
o Panel LP -2— Square D NEHB series panelboard, 480/277V, 3-phase, 4 -wire, 225A main
lug only. Panelboard is 42 -space and has approximately 8 spaces for future circuit
breakers to be added. The panel is located in the West electrical room and serves the
facility lighting on the West side of the building and various HVAC equipment.
o Panel PP -1 - Square D NQOD series panelboard. 208/120V, 3-phase, 4 -wire, 225A main
circuit breaker. Panelboard is 42 -space and does not have any available spare or spaces.
The panel is located in the main electrical room and serves various receptacles, unit
heaters, the scoreboards, and smaller mechanical equipment.
o Panel PP -2 —Square D NQOD series panelboard. 208/120V, 3-phase, 4 -wire, 225A main
circuit breaker. Panelboard is 42 -space and does not have any available spare or spaces.
The panel is located in the West electrical room and serves various receptacles
throughout the West side of the facility.
o Panel PP -3 —Square D NQOD series panelboard. 208/120V, 3-phase, 4 -wire, 200A main
circuit breaker. Panelboard is 42 -space and does not have any available spare or spaces
for additional circuit breakers. The panel is located in the West electrical room and serves
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various receptacles throughout the West side of the facility, the fire alarm system, and
sub -feeds the additional Concessions sub -panel via a 100A circuit breaker.
o Panelboard Concessions — Square D QO Load Center panelboard, 208/120V, 3-phase,
4 -wire, 100A main lugs only. Panelboard is 30 -space and does not have any available
spares or spaces for additional circuit breakers. The panel is located in the West
electrical room and serves the concession area receptacles. This panel appears to have
been installed later than the rest of the facility but appears to be of similar vintage.
There are two transformers within the facility for stepping down the 480V to 208/120V. Both
transformers were manufactured by Square D and appear to be in fair condition. The
transformers were installed in 1993 when the building was constructed. They are 25 years old
and have a typical expected life of 30 years. It should be expected to replace the transformers
within the facility within the intermediate term plan (5-10 years). Below is a summary of the
transformers serving the facility:
o Transformer T1 is a Square D general purpose transformer and is rated at 480V primary
to 208/120V secondary. The transformer is a 75kVA transformer and serves panelboards
PP -1 within the main electrical room.
o Transformer T2 is a Square D general purpose transformer and is rated at 480V primary
to 208/120V secondary. The transformer is a 150kVA transformer and serves
panelboards PP -2 and PP -3 within the West electrical room.
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Since there is no generator at the facility, all of the emergency egress lighting consists of battery
powered emergency lighting units with integral battery packs. The interior of the building has
battery powered exit signs with integral emergency lighting heads and standalone battery
powered emergency lighting units. At the exit doors, there are remote exterior lighting heads that
appear to be fed from the batteries at the exit signs on the interior of the door, providing the code -
required discharge lighting. Some of the existing fixtures have been replaced over time with new
LED style emergency light fixtures, but many of them are still the original emergency lights and
exit signs. A majority of the fixtures were installed in 1993 and in fair to poor condition. Battery
powered emergency exit signs and egress lighting units have a typical expected life of 10-15
years. It should be planned to replace the existing exit signs and battery powered egress lighting
within new LED exit signs and LED emergency lighting units within the immediate plan (05
years) to insure system operation. It is recommended that the exit signs be provided with wire
guards within the locker rooms and ice rink areas to protect them from damage. At one location in
the Southwest locker rooms, a newer exit sign appears to have been broken and damaged.
There are locations on the exterior of the building where the remote head emergency lights are
damaged and have come off of the mounting box. These damaged fixtures should be replaced
immediately.
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The existing fire alarm system is a Notifier System 500 fire alarm system. The fire alarm control
panel is located in the lobby at the main entrance. The system consists of pull station, horn
strobes, duct -smoke detectors at the Air Handling Units, and flow and tamper switches at the fire
protection service entrance. A Silent Knight 5104 communicator has been added to the fire alarm
system within the IT closet at the North side of the building. The dialer has two phone lines to it
and appears to dial out to Simplex Grinnell Central Monitoring. The majority of the facility appears
to have adequate coverage, with the exception of the office area, which did not appear to have
any notification. The fire alarm system is original to the building and was installed in 1993. The
system is 25 years old and typical fire alarm systems have a life expectancy of 15 years. Since
the system has exceeded its typical life, it is recommended to replace the fire alarm system and
all associated devices within the immediate plan (0-5 years). Since the building is an Assembly
occupancy of more than 1,000 person occupancy, 2017 Ohio Building Code Section 907.2.1.1
requires the fire alarm system to initiate an emergency voice/alarm communication system.
Therefore, the new fire alarm system is required to be an emergency voice equipped fire alarm
system. The new fire alarm system will require new speaker strobes and wiring throughout the
facility to provide the communication message throughout.
o Smoke detectors are required at each fire alarm control panel per NFPA 72 requirements.
A smoke detector should be added above the fire alarm control panel in the main lobby
as well as within the small IT closet where the dialer panel is located.
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The existing ammonia detection system serving the ice chiller equipment room was reported by
CIMCO to be operational. It consists of a small control panel within the equipment room and a
detector above the equipment. The detection system is original to the facility and was installed in
1993. Electronic detection systems similar to this have typical life expectancies of approximately
15 years. Since this equipment has exceeded its useful life, it is recommended to provide a new
ammonia detection system within the immediate plan (0-5 years). Also, the existing ammonia
detection system appears to alarm a strobe outside of the equipment room that is red in color and
labeled with "FIRE". This detection system should not be alarming a "FIRE" labeled notification
device. The device should be replaced with a new notification strobe with a label of "ALARM".
• The lighting fixtures serving the ice rink areas consists of 8 -lamp T5HO light fixtures that were
installed approximately 5 years ago. The fixtures appear to be in good condition. The typical life
expectancy of light fixtures is typically 25-30 years. Although these fixtures are in good condition
and will not be exceeding their life expectancy, it is recommended to consider replacing the
fixtures with LED high bay fixtures within the long term plan to provide energy savings and
minimize maintenance such as re-lamping within the long-term plan for the facility (10-20 years).
The other lighting within the facility consists mainly of 2'x4' and 2'x2' recessed fluorescent troffers
with both parabolic lenses in the office areas and acrylic lenses in the locker room spaces. Many
of the light fixtures within the locker room spaces are in poor condition with the lenses broken and
frames damaged. Many of the light fixtures throughout the facility had lamps that were out or
ballasts that had failed resulting in lamps not illuminating. The 2'x2' parabolic lensed fixtures in
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the high bay main lobby additionally had lamps that had failed or were beginning to fail with lamps
turning purple. All but one of the shower rooms have surface mounted water-resistant light
fixtures with fluorescent lenses. The main locker room shower has waterproof recessed
downlights with incandescent lamps. The mezzanine has metal halide high bay fixtures installed
as well. In general these general lighting fixtures within the facility are in fair to poor condition.
These fixtures are original to the building and were installed in 1993. The typical life expectancy
of light fixtures is approximately 2530 years. With these fixtures nearing the end of their useful
life, being in fair to poor condition and many improved technologies available, it is recommended
to replace the general light fixtures within the facility with new LED type light fixtures within the
immediate plan (0-5 years). If the lighting fixtures are upgraded, typically lighting control upgrades
will be required to provide multi-level dimming controls in the offices, party rooms, and conference
room type spaces in order to meet ASHRAE 90.1-2010 energy code requirements. It is also
expected that daylight harvesting will be required within the main lobby area when the lighting is
replaced in order to meet ASHRAE 90.1-2010 energy code requirements.
• The lighting within the kitchen/food prep area appears to have dirty lenses and does not appear to
provide 50 footcandles of illumination at the prep surfaces as required by the Health Department.
Itis recommended to replace fixtures in the kitchen with new LED light fixtures with lumen packages
high enough to provide the required lighting levels for safe food preparation.
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The lighting controls within the facility are mainly via lighting contactors for the large areas. The
lighting contactors are controlled by manual switches. The lighting contactors controlling the site
lighting within the facility is controlled by an analog time clock system. The locker room spaces are
equipped with wall mounted occupancy sensors that have been installed at the ceiling level. The
coverage patterns for these devices are designed for being mounted on the wall at approximately
46", not at the ceiling. Therefore, it is recommended to replace the lighting controls within the locker
rooms. The shower rooms currently have analog timer switches controlling the lights. It is
recommended to replace the lighting controls within the facility with controls that are compliantwith
ASHRAE 90.1 2010. It would be recommended to replace the lighting contactors in the facility with
lighting control panels with astronomical time clocks for time of day control of the facility. All locker
rooms, offices, conference rooms, party rooms, etc. should be equipped with occupancy or vacancy
sensors to provide automatic lighting shut-off when the space is unoccupied. It is recommended to
replace the lighting controls within the immediate plan of the facility (0-5 years) as they have
reached the end of their expected life and are inappropriately installed in some locations. As
mentioned under the lighting entry, when the lighting is replaced, dimming controls will need to be
provided in all office areas and conference type spaces to meet ASHRAE 90.1-2010 requirements.
Additionally, the lobby area should be provided with a daylight harvesting system.
The existing site lighting in the drives and parking lots consists of pole mounted 250W high
pressure sodium fixtures. The fixtures and poles appear to be in fair to poor condition. The
fixtures are from original construction and were installed in 1993. The fixtures have a typical life
expectancy of 25 years and have currently reached 25 years in age. There is one fixture on the
West side of the building to the South of the entrance that is missing the junction box cover. A
new cover should be provided at this location to keep water from entering the pole base. It is
recommended to replace the site lighting fixtures and poles with new energy efficient LED light
fixtures and poles within the immediate plan for the facility (0-5 years).
39
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• The exterior building mounted light fixtures are mainly lensed wall packs with 150W high pressure
sodium fixtures. Many of the fixtures have been re-lamped with LED replacement lamps.
Approximately 60% of the fixtures have been replaced with newer metal halide fixtures at the
same location. Many of the fixtures are original to the building and were installed in 1993 and are
25 years old. This style of fixtures has a typical life expectancy of 25 years. It is recommended to
replace the existing wall mounted light fixtures with energy efficient LED light fixtures in order to
save energy and minimize maintenance on fixtures within the immediate facility plan (05 years).
• The existing facility is equipped with a local CCTV camera system that reports locally to a station
within the staff area. There are cameras at the front of the building monitoring the exterior and a
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series of cameras within the building. The cameras are only accessed locally and do not transmit
to an off-site location. It was not able to be determined when the system was installed, but it
appears to be on the order of 5 years ago. The system appears to be in good condition and
images on the camera monitoring screen appeared to be adequate. These systems have a
typical life expectancy of 15 years. It is recommended to provide a new CCTV camera system
within the building in the intermediate plan (5-10 years) due to expected end of service life.
• There are multiple locations within the locker rooms where receptacles have become broken or
their covers have become broken. There are also multiple locations within the locker rooms that
do not have ground fault circuit interrupter (GFCI) receptacles as required 2017 NEC Article
210.8(B),In general the receptacles within the locker room areas are in poor condition. It is
recommended to replace all receptacles within locker rooms, changing rooms and restrooms with
new heavy duty GFCI receptacles and stainless steel cover plates within the immediate facility
plan (0-5 years).
• There are locations in the concession area that are not equipped with GFCI receptacles.
According to 2017 NEC Article 210.8(B)(2) all receptacles in non -dwelling unit kitchen type
spaces shall be equipped with GFCI protection. Therefore, all receptacles in the kitchen and
concession area should be replaced with GFCI receptacles.
41
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• The disconnect switches on the roof serving the Evapco chiller are (2) 600V, 60A, 3 -pole
disconnect switches in NEMA 3R enclosures. One of the disconnect switches is beginning to rust
and show signs of enclosure failure. It is recommended to replace the disconnect switches with
new switches prior to further damage occurring.
• The existing facility does not have detailed arc flash warning labels applied to all panels and
electrical equipment as required by NEC Article 110 and NFPA 70E Article 130. An arc flash hazard
study should be performed and labels should be applied to all electrical equipment in accordance
with the study stating the incident energy to determine and verify safe working conditions on the
electrical system.
• The existing grounding system is concealed and could not be investigated during the site visit. It is
recommended to have the grounding system tested on a regular basis to ensure system meets
NEC requirements.
• The existing facility does not have a lightning protection system installed. It is recommended to
have a lightning protection risk analysis performed to determine the risk of the facility to be struck
by lightning and weigh the benefit of installing a system. Although not required, due to insurance
purposes and protecting assets, it is recommended.
• Although not included in the scope of report, itwas reported by the Chiller staff that the scoreboard
on Rink 2 is not functioning because it is believed there is a short in the branch circuit. It is
recommended to have the branch circuit feeder investigated by a licensed electrician and the
scoreboard assessed by the manufacturer to determine need for replacement.
42
r111ft
Summary of System Recommendations and Opinions of Probable Costs
Immediate Repairs (0-5 Years)
• Civil/Site
o Asphalt pavement outside of the northwest corner parking lot area is in need of repair.
Repair can consist of mill and overlay or full depth asphalt replacement depending on the
extent of pavement deterioration as outlined in the recommended pavement borings.
o Full depth pavement replacement at curb inlet storm structures and curb where pavement
has been undermined.
o Updating curb ramps with four foot minimum width.
o Modify the current handicap parking areas with two (2) van accessible spaces to meet ADA
code.
• Architectural
o Interior: The facility has been maintained and refreshed over its life span. Some items are
showing signs that replacement and major repairs are needed. The following are items that
repair/replacement are recommended to take place within the immediate facility plan(0-5
years)
• Remove and replace the epoxy coating on all shower floors.
• Remove and replace all full glass doors and frames from the Lobby to the Rinks.
o Exterior Building Envelope Several areas on the building exterior need repaired. The
following are items that repair/replacement are recommended to take place within the
immediate facility plan (05 years)
• Repair the damaged Stucco surfaces at the main entrance.
• Remove rust and repaint the overhead coiling doors, lintels and structural steel.
• Remove and replace sealant between the building and adjacent paving.
• Remove and replace the EPDM roof membrane at the cooling tower roof top
area.
• Repair the roof flashing leak, above the maintenance room.
• Remove and replace the hollow metal doors and frames.
• Plumbing Systems
o With the facility being 25 years old and the typical service life of many of the plumbing
systems being 30 years, there are no plumbing items identified being recommended to be
replaced within the immediate facility plan (0-5 years).
• Mechanical Systems
o With the building being 25 years old and most mechanical equipment having a typical life
span of 25 years or less, the following are recommendations for equipment replacement
within the immediate facility plan (05 years).
43
r111ft
• Replace AHU-1 which is the main means to comfort condition Rinks 1 &2.
• Replace the Air -Cooled Chiller.
• Replace the chilled water pumps.
• Replace the heating hot water pumps.
• Replace the Ice Making Refrigeration Plan in its entirety including compressors,
chiller barrels, evaporative condensers, piping, controls, etc.
• Ice Making Refrigeration Plant and Distribution Systems
o The ice making refrigeration plantis composed of mechanical systems subjectto the typical
service life for mechanical equipment. As well, its use on a continuing 24 hour basis may
contribute to preventing the life of the equipment to be extended significantly. The Ice
Making Refrigeration Plant and Distribution Systems are recommended to be replaced in
their entirety in the near term.
Replace the nominal 150 ton Mechanical Refrigeration Plant.
Replace the piping grids (both heating and cooling) beneath both ice sheets.
Electrical Systems
o Due to the facility being 25 years old and certain aspects of the electrical system and
equipment nearing fair to poor status as well as end expected life span, the following are
recommended to take place within the immediate facility plan (0-5 years).
• Replace emergency exit signs and egress lighting.
• Replace the fire alarm system with an ADA compliant voice communication fire
alarm system.
• Replace the ammonia detection system with a new system with properly labeled
notification devices.
• Replace the general light fixtures within the facility with new energy efficient LED
light fixtures. (Not including the rink lighting).
• Replace existing Kitchen and Concessions lighting fixtures with new higher
output LED light fixtures.
• Replace lighting controls and occupancy sensors within the facility with controls
that are ASHRAE 90.1 2010 compliant including daylight harvesting in the main
lobby area.
• Replace the parking lot light fixtures and poles with new LED style light fixtures.
• Replace exterior building mounted lighting with new LED light fixtures.
• Replace locker room receptacles with new heavy duty GFCI receptacles.
• Replace Kitchen/Concessions area receptacles with GFCI receptacles.
Replace the disconnect switches at the Evapco chiller.
Have an arc flash study performed for the electrical distribution system.
Have a grounding system test performed to insure proper building grounding and
bonding.
EM
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• Have a lightning protection study performed to perform risk analysis for the
building.
Intermediate Repairs/Costs (5-10 Years)
• Civil/Site
o A majority of the repairs are recommended to be performed during the immediate time
period.
• Architectural
o Interior: Several items are functioning as intended, although will need attention in the
future. The following are items that repair/replacement are recommended to take place
within the immediate facility plan(5-10 years)
• Repair, replace and repaint damaged gypsum wallboard.
• Replace damaged VCT tile in the concessions area.
Remove and replace the building blanket insulation in the hockey rink area walls
and roof.
• Plumbing Systems
o Most plumbing systems were installed at the time of the construction of the facility.
Consequently most plumbing systems are 25 years old. 30 years is the typical service life
for much plumbing equipment. The following is a recommendation for equipment
replacement within the facility intermediate plan (5-10 years).
• Replace plumbing fixtures throughout the building.
• Mechanical Systems
o Many types of mechanical equipment have a typical service life of 25 years, but can be
maintained in a serviceable condition to extend life for some years. The following
equipment is recommended to be retired in the intermediate term (5-10) years.
• Replace AHUs 2 through 6.
• Replace 2 fan coil units (FCUs).
• Replace boilers.
• Replace hydronic piping systems.
Add DDC controls to replace outdated controls.
• Ice Making Refrigeration Plant and Distribution Systems
o With replacement of the Ice Making Refrigeration Plant and Distribution Systems
identified in the Immediate Repairs (0-5 years) category, the typical service life of the
equipment will extend beyond both the Intermediate Repair (5-10 years) and the Long -
Term Repairs (10-20 years) category.
o The existing remaining ice resurfacing machine should be planned for replacement in the
Intermediate Repair(5-10 years) category due to typical service life of machinery.
• Electrical Systems
45
r111ft
o With the building being 25 years old and most electrical distribution equipment having a
typical life span of 30 years, the following are recommendations for equipment
replacement within the facility intermediate plan (5-10 years).
Replace existing main distribution board with a new service entrance rated
panelboard.
Replace existing panelboards with new panelboards with additional spare space
and capacity.
Replace electrical distribution transformers with new energy efficient DOE 2016
compliant transformers.
Replace CCTV system with new system.
Long -Term Repairs/Costs (10-20 Years)
• Civil/Site
o Recommend the three (3) concrete drive aprons be replaced if additional cracking is
evident and pavement is failing.
• Architectural
o There are no anticipated long-term repairs expected at this time. Most repairs observed
are expected as either an immediate or intermediate concern.
Plumbing Systems
o With replacement of the Plumbing Systems identified in the Immediate Repairs (0-5
years) category period, the typical service life of the equipment will extend beyond the
Long -Term Repairs (10-20 years) category.
o The domestic water heaters are recommended to be replaced in the Long Term Repairs
(10-20 years) period. The existing domestic water heaters were installed in 2006 and
have a typical service life of 25 years.
Mechanical Systems
o With replacement of the Mechanical Systems identified in the Immediate Repairs (05
years) and Intermediate Repairs (5-10 years) category periods, the typical service life of
the equipment will extend beyond the Long -Term Repairs (10-20 years) category.
o It should be planned to replace the new ice resurfacing machine that was recently
purchased within the Long Term Repair(10-20 years) category due to typical service life
of machinery.
• Ice Making Refrigeration Plant and Distribution Systems
o With replacement of the Ice Making Refrigeration Plant and Distribution Systems
identified in the Immediate Repairs (0-5 years) category, the typical service life of the
equipment will extend beyond both the Intermediate Repair (5-10 years) and the Long -
Term Repairs (10-20 years) categories.
M
s Electrical Systems
o Within the long-term facility plan (10-20 years, it is recommended to replace the ice rink
area lighting with new light LED light fixtures for energy savings and less maintenance
requirements.
We appreciate the opportunity to provide professional services to the City of Dublin. If there are any
questions or concerns, please do not hesitate to call. I can be reached at 614.556.4272 Ext. 5002.
Report Prepared by,
OSBORN ENGINEERING
Scott R. Vura, P.E.
By, Bryan Lundgren, P.E.
Manager of Columbus Operations
cc, S. Vura
J. Donovan
B. Harbert
L. Hemingway
R. Johnson
S. Moses
B. Vorachek
File
47
Civil
DESCRIPTION
Approx
r
Installed
im
I a Z',
Service Life
Quantity
Units
$/Unit
Cost in 2018 ($)
0-5
I cost in
PROJECT ED COST (THOUSANDS OF DOLLARS)
Years 5-10 Years 10-20 Years
2 018 $ Cost in 2018 $ cost in 2 0, 8$
Asphalt Pavement Full Depth Repair
1993
2
4610.0
sq yd
38.50
$ 177,485
$
177,485
Asphalt Pavement Mill &Overlay
1993
2
13827.0
sq yd
6.50
$ 89,876
$
89,876
Parking lot markings
1993
2
6000.0
If
0.30
$ 1,800
$
1,800
Curb Inlet Repair
1993
1
2.0
ea $
2,400
$ 4,800
$
4,800
Curb Ramp Repair
1993
1
8.0
ea $
1,700
$ 13,600
$
13,600
Concrete Drive Apron Replacement
1993
20
210.0
sq yd $
55
$ 11,550
$ 11,550
Architectural
DESCRIPTION
Stucco dem olition
Approx E im
Year R:ma
Installed Service
1993
a ad
I nt I n' Quantity
Life
100
Units
sq ft
$/Unit Cost
$1.00 $
in 2018 ($)
100
PROJECTED
0-5 Years
Cost
$ 100
COST
Cost
(THOUSANDS OF DOLLARS)
5-10 Years 10-20 Years
in 2018 $ cost in 2 0, 8$
Stucco repair and repainting columns
1993
5
g,yd
$33.50 $
168
$ 168
Stucco repair at walls
1993
10
sq yd
$20.00 $
200
$ 200
Paintstuam
1993
1,020
sq ft
$1.10 $
1,122
$ 1,122
Remove rust and paint coiling steel overhead doors
1993
1,000
sq ft
$4.12 $
4,120
$ 4,120
Replace ext. hollow metals doors,fiames hardware
1993
12
ea
$2,550.00 $
30,600
$ 30,600
remove rust and paint steel lintels
1993
64
lin ft
$3.85 $
246
$ 246
remove rustand paint steel struc@ cooling tower area
1993
700
lin ft
$4.00 $
2,800
$ 2,800
Remove andreplace EPDM roofing at cooling towers
1993
600
sq ft
$4.25 $
2,550
$ 2,550
R& R sealant at CMU and Paving
1993
150
fn.Ft.+
$5.60 $
840
$ 840
R & R epoxy shower mating
1993
268
sq ft.
$15.85 $
4,248
$ 4,248
Repair roof flashing leak at m aintenance wall
1993
40
fin. `L+
$10.20 $
408
$ 408
Repair damagedgysum board wallsand paint
1993
1
lumpsum
$5,000.00 $
5,000
$
5,000
R& R lobb to rink doorsfiamesand hrdwre
1993
7
ea/pair
$4,250.00 $
29,750
$ 29,750
Replace damaged VCT in Concessons
1993
50
1 sq ft 1
$6.00 $
300
$
300
R& R vinyl mated blanket insulation ceiling
1993
50,100
sq ft 1
$2.00 $
100,200
1
100,200
R& R vinyl mated blanket insulation walls
1993
23,796
sg ft
$2.00 $
47,592
$
47,592
Mechanical
mor"17,711,
ReplaceAHU-1
ION
Approx
Year
Installed
1993
1:1.imae'
, I n I n,
Service Life
2
Quantity
10000.0
Units
CFM $
$/Unit
4
Cost in 2018 ($)
$ 40,000
I
0-5
I cost in
$
PROJECT
Years
2018 $
40,000
ED COST
cost
(THOUSANDS OF DOLLARS)
5-10 Years
in 2018 $ $
Replace
AHUs 2 dum 6 and ductwork systems
1993
6
12225.0
CFM $
14
$ 171,150
1,300,000
1 Sand and 1 Concrete
$
171,150
Replace
Fan Coil Units(2)and ductwork systems
1993
6
1000.0
CFM $
4
$ 4,000
120,000
$ 120,000
$
4,000
Replace
heating only units (UHs, CUH's, Baseboard)
1993
2
10.0
EA $
900
$ 9,000
$
9,000
Replace
exhaust fans
1993
6
13800.0
CFM $
2
$ 27,600
$
27,600
Replace
Air Cooled Chiller
1993
5
110.0
TONS $
900
$ 99,000
$
99,000
Replace
10HP CHW Pumps and assoc specialties
1993
2
2.0
EA $
30,000
$ 60,000
$
60,000
Replace
Boilers
1997 1
2
20
EA $
26,000 1
$ 52,000
1
1 $
52,000
Replace
SHIP HHW Pumps and assoc specialties
1993
2
2.0
EA $
22,000
$ 44,000
$
44,000
Replace
Hydronic Piping Systems
1993 1
10
1.0
LOT $
240,000 1
$ 240,000
W
I $
240,000
Add DDC Controls
1993
0
83000.0
SF $
2
$ 166,000
$
166,000
Ice Making Refrigeration Plant and Distrib.
Approx E In a ad
Year R:maRt in,
Quantity
Units
$/Unit
I
Cost in 2M8 ($)
PROJECTED COST (THOUSANDS OF DOLLARS)
1- .... -- I- �
Replace 150 ton Mech Retrig in its entirety
1993 5
1.0
LOT $
550,000
$ 550,000 $
550,000
Rep ace c i ing eating gids below2ice sheep
1993 5
1.0
EA $
1,300,000
$ 1,300,000 $
1,300,000
1 Sand and 1 Concrete
Replace existing ice resurfacing machine
- 6
1.0
EA $
120,000
$ 120,000
$ 120,000
Replace new ice resurfacing machine
2018 15
1.0
EA $
120,000
$ 120,000
$ 120,000
Electrical
DESCRIPTION
Replace emergency exit signs and egress lighting
Approx
Year
Installed
1993
E im
, :t.a=',
Service Life
0
Quantity
110
Units
EA
$
$/Unit
260
Cost in 2018 ($)
$ 28,600
PROJECT ED COST
0-5 Years
cost in 2 018 $ cost
$ 28,600
(THOUSANDS OF DOLLARS)
5-10 Years
in 2018 $ $
Replace the fire alarm system with voice system
1993
0
1
LS
$
212,500
$ 212,500
$ 212,500
Replace the ammonia detection system
1993
0
1
LS
$
7,500
$ 7,500
$ 7,500
Replace general facility lighting
1993
0-5
1
LS
$
75,000
$ 75,000
$ 75,000
Replace the Kitchen/Concession lighting
1993
**
12
EA
$
250
$ 3,000
$ 3,000
Replace facility lighting controls
1993
0
1
LS
$
50,000
$ 50,000
$ 50,000
Replace parking lot fixturesand poles
1993
0
30
EA
$
2,250
$ 67,500
$ 67,500
Replace exterior building mounted lighting
1993
0
20
EA
$
750
$ 15,000
$ 15,000
Replace locker room receptacles
1993
0
40
EA
$
150
$ 6,000
$ 6,000
Replace Kitchen/Concesson receptacles
1993
**
15
EA
$
150
$ 2,250
$ 2,250
Replace wapce chiller disconnect switches
1993
0-5
2
EA
$
500
$ 1,000
$ 1,000
Perform Arc Hash Study
**
**
1
LS
$
9,500
$ 9,500
$ 9,500
Perform grounding system test
**
**
1
LS
$
750
$ 750
$ 750
Perform lightning protection study
**
**
1
LS
$
3,500
$ 3,500
$ 3,500
Replace main distribution board
1993
5
1
EA
$
35,000
$ 35,000
$
35,000
Replace existing panelboards
1993
5
1
LS
$
43,000
$ 43,000
$
43,000
Replace electrical distribution transformers
1993
5
1
LS
$
14,000
$ 14,000
$
14,000
Replace CCN system
Unknown
0-5
1.0
LS
$
18,000
$ 18,000
$
18,000
Replace rink area lighting with LED
-2012
20
70.0
EA
$
750
$ 52,500
$ 52,500
Total Estimated Project Cost in 2018 $
Project Cost with 3% Escalation per year
$ 4,250,804
$
2,948,812 $
Low End
$
2,948,812 $
High End
$
3,418,482 $
1,117,942 $ 213,050
1,296,001 $ 286,321.38
1,502,421 $ 384,792