Ohio Admin. Code 128-5-02 - Facilities/equipment policy in parking garage
(A) The sponsor shall pay for all initial and
consequential impacts due to construction on the garage for various utility
lines, conduits, pipes and wires (hereby referred to as lines). - e.g., but not
limited to lost revenue due to loss of parking spaces (temporary and
permanent), construction damages, restoration and repair due to the sponsor
work, electrical alternatives, and any other foreseen or unforeseen costs.
(B) All construction documents
created after adoption of this policy shall indicate an expected date of
obsolesce, of the lines of all lines proposed by the sponsor.
(C) The construction documents shall indicate
how and when the lines will be maintained during and after the projected useful
life of the lines at no expense to the capitol square review and advisory board
(hereby referred to as board).
(D)
For lines installed with an expected useful life of less than seven years, the
construction documents shall indicate a demolition plan and an estimate of
probable demolition cost (stated in current dollar value to remove the lines
including the removal and legal disposal of residual waste products of all
nature, including hazardous materials, and all other components, as necessary.
(E) The sponsors of the lines
shall post an escrow account with the board in the amount equal to the estimate
of probable demolition cost noted above. The amount shall be multiplied by an
inflation factor of two percent compounded by the number of years noted above
to arrive at the escrow account total.
(F) The escrow amount shall be returned to
the sponsor after the lines are satisfactorily removed by the sponsor.
(G) The sponsor shall submit a
written report every two years to the board regarding the status of the lines.
The report shall include sponsor contact name, address(es) and phone number(s).
(H) The board shall not be
responsible for any damages sustained by a sponsor to its lines in the garage.
(I) The sponsor shall notify,
coordinate with, and receive permission from the board prior to beginning
non-emergency maintenance work on the sponsor's lines.
(J) The sponsor shall clearly and physically
identify, in a manner approved by board, existing lines involved with the
sponsor's specific proposal.
(K)
At its sole discretion, the board may negotiate with and waive some or all of
the escrow amounts in exchange for like value demolition of existing or newly
abandoned lines rather that the value of potential future demolition of the
sponsor's proposed lines. In such event, the requirements of paragraphs (A),
(B), (C), (D), (H), (I), (J), and (K) of this rule shall remain unchanged.
Notes
Promulgated Under: 111.15
Statutory Authority: 105.41
Rule Amplifies: 105.41
Prior Effective Dates: 1/18/04
R.C. 119.032 review dates: 09/25/2008 and 12/12/2013
Promulgated Under: 111.15
Statutory Authority: 105.41
Rule Amplifies: 105.41
Prior Effective Dates: 1/18/2004
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