Common use of COUNCIL’S REPRESENTATIVE Clause in Contracts

COUNCIL’S REPRESENTATIVE. 19.2.1. The Council may, acting in its absolute discretion and at its sole cost appoint a representative to act on its behalf in connection with matters arising pursuant to and subject to the terms of this Schedule. 19.2.2. The Council may by notice in writing to the Developer authorise and require the Developer to deal with and rely upon such representative as the agent of the Council in respect of all matters arising pursuant to this Schedule until notice is given to the contrary to the Developer by the Council. 19.2.3. The Council will give written authorisation to its representative that sets out their levels of authority and responsibility within the parameters of this Agreement and issue the same to the Developer. Any matters outside the scope of this authorisation will be referred back to the Council. The Car Park forming part of the Development shall be operated and shall not be operated otherwise than in accordance with the following fundamental principles:- 1. The intention shall be to manage the use of the car park so as to maximise its efficient operation and so as not to increase levels of parking stress on nearby streets. 2. The Tesco Spaces and the Non-Tesco Spaces shall be physically segregated. 3. At no time shall the Tesco Spaces be reduced below 300. 4. Entry and exit to Tesco Spaces and Non-Tesco Spaces to be controlled by moveable barriers which issue and accept timed tickets. 5. At no time shall the Non-Tesco Spaces be reduced below 138 SAVE THAT the Council shall be entitled at any time to offer that the number be reduced below 138 (in which case this clause 5 shall be read as if that proposed number were substituted for 138) and SAVE FURTHER THAT the Developer shall construct and lay out the Car Park in accordance with the Plan annexed to this Schedule so as to accommodate 438 car parking spaces unless the Council acting by its Head of Planning gives prior written agreement that the full 438 spaces cannot be physically accommodated in the Car Park without either (a) reducing the dimensions of individual parking spaces or circulation spaces below what is shown on the said Plan or (b) requiring that the Car Park project onto or beneath land which is not within the ownership or control of either the Council or the Developer and in the event of such agreement permitting less than 438 spaces the difference shall be subtracted from the number of Non-Tesco Spaces and not from the Tesco Spaces. 6. The Car Park shall be cleaned serviced and lit by Tesco. 7. The Car Park to be open at such times as the Council shall reasonably require in order to meet reasonable convenience of Non-Tesco Customers. 8. The Council shall pay to Tesco on reasonable demand (but at intervals of not less than [ ] months) a proportion of the costs incurred by Tesco in discharging its obligation in paragraph 6 above according to the formula: Cost x A 438 where ‘A’ = the number of car parking spaces specified from time to time pursuant to paragraph 5. 9. The charging regime for the Car Park shall accord with the following principles: 9.1. the regime shall impose a punitive rate not less than £80 for any stay in excess of 4 hours index linked or such other figure as possible. 9.2. (Subject to 9.1) the rates applied to the Non-Tesco Spaces shall be at the absolute discretion of the Council. 9.3. (Subject to 9.1) the rates applied to the Tesco Spaces shall be at the absolute discretion of Tesco Provided That no such charges may be made until a “before” survey of the Car Park and nearby streets has been conducted followed by an “after” survey and any such charges shall within 1 month of the “after” survey be reduced if the “after” survey indicates parking stress exceeding 80% in nearby streets such surveys to be paid for by Tesco. 9.4. Either Tesco or the Council may elect at their absolute discretion to reimburse any charges applied for a use of the Tesco Spaces or the Non- Tesco Spaces (respectively) upon proof that the particular user has visited the Tesco Store or the Leisure Centre (respectively). 10. Tesco and the Council agree that they will monitor regularly the use of the Car Park and will consult in good faith with one another no less frequently than once every three months with a view to employing additional measures in order to achieve the objective in paragraph 8.1 above. 11. Tesco shall admit persons with vehicles to the Non-Tesco Spaces free of charge and permit Non-Tesco Customers and their vehicles to exit the Non-Tesco Spaces free or subject to such charges as the Council shall determine at absolute discretion and thereafter shall allow Non-Tesco Customers and their vehicles free right of way from the Non-Tesco Spaces to the highway on Streatham High Road. 12. Tesco shall within 3 months of the start of construction of the Development on the Leisure Centre Land submit a scheme to the Council for its approval for the installation and operation of an illuminated sign to be located at the access to the Car Park, such sign to be capable of showing notices reading “Spaces” “Full” and “Ticket Holders Only” or such other notices as may be agreed in writing for the purposes of this Deed by Tesco and the Council such scheme in its approved form being referred to herein as the “Car Park Sign Scheme” 13. Tesco shall before the opening of the Store for trading install and thereafter operate the said sign in accordance with the Car Park Sign Scheme at all times when the Car Park is in operation. 14. In the event of a breach of any of the above provisions the Council shall be entitled to enforce by injunction a strict adherence to them. Definitions