The condition of the road if and when it is returned to the public should also be protected. The Chicago Skyway contract has a provision to ensure the road is maintained toward the end of the 99-year contract. The provision requires that 10 years prior to the end of the contract term the firm must provide a letter of credit equal to the highest gross revenues of the prior 10 years.23 Similarly, a PPP in New Jersey should protect the end condition of the highways in question.
Performance, operation, maintenance, environmental and labor standards on the asset in question should be publicly monitored and disclosed prior to finalizing a PPP. A PPP should require status quo or higher standards. A PPP should include language to ensure the highway is returned to the public in top condition when the PPP ends.