Esplanade and Les Jardins car parks (FOI)

Request

Would it be possible to have sight of the formal agreement that is in place between the States Of Jersey Development Company and TTS in relation to the operation of the Esplanade and Les Jardins car parks.

Response

Please find below, copy text of the formal agreement that is in place between the States of Jersey Development Company and the Transport and Technical Services Department for the Esplanade car park. No formal agreement yet exists for Les Jardins car park but any formal agreement is likely to take a similar form or be an extension of the document below.

Service Level Agreement for the Operation of the Esplanade Car Park by Jersey Car Parking for the States of Jersey Development Company

Heads of term for Esplanade Car Park Service Level Agreement:

1.This Service Level Agreement (SLA) is made between the States of Jersey’s Development Company (SoJDC) and Jersey Car Parking (JCP).

2. The SLA is for the ongoing operation of the Esplanade Car Park by JCP from 1st January 2012.

3. TTS will transfer a payment of the net revenue from parking at the Esplanade Car Park to the SoJDC in a manner to be agreed by their respective Financial Directors.

4. The net revenue from parking at the Esplanade Car Park comprises of the annual income from paycards, season tickets and excess charge notices less the agreed JCP maintenance and administrative costs, calculated as set out in Schedule 1. (Schedule 1
refers to financial statement of costs - not supplied in this response).

5. The annual return to SoJDC shall be adjusted as a result of any necessary maintenance works carried out on the site by JCP or their agents which render all or part of the site
unusable for public parking permanently or temporarily.

6. In the event of an incident, outside of the control of JCP, reducing the potential for paid parking on the site for an extended period of time, payments to the SoJDC shall be
adjusted accordingly.

7. Any permanent development on the site, above or below ground will only be carried out with the express approval of the SoJDC and only after consideration has been given to the wider development proposals for the site in the future and sureties have been provided that those wider development properties are not impaired as a result of the proposed works.

8. During the operation of the SLA it is likely that the SoJDC or its agents may undertake feasibility studies and design works with a view to the development of the site. These studies may require that limited site investigations are carried out. Subject to reasonable notice, JCP agree to cooperate with the SoJDC in providing access to the site for such site investigations. Should any such investigations prevent or reduce parking on the site JCP the will deduct value of the income forgone from the SoJDC’s payments.

9. During the term of the license agreement JCP will be responsible for the Health and Safety of the users of the site and the public more widely and shall indemnify the SoJDC from any responsibility thereon.

10. The Chief Officer of Transport and Technical Services (TTS) shall represent JCP for the purpose of the administration of this SLA.

11. The termination of this agreement shall be by mutual consent of the Chief Officers of SoJDC and TTS and be subject to a minimum of 6 months prior notice.

12. The terms of the SLA may only be varied by the mutual consent of the Chief Officers of the SoJDC and TTS.

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