Adjustments to Metrolinx Lands Available to Project Co. (a) Project Co may propose, to Contracting Authority, the acquisition of additional lands in order to improve the efficiency of Project Co’s performance of the Works. Contracting Authority may, in its sole discretion, accept or reject any Project Co proposal to acquire additional lands. In the event that Contracting Authority agrees to Project Co’s proposal on the acquisition of additional lands, such acquisition shall become part of the Metrolinx Lands once acquired and shall, subject to and in accordance with Schedule 22 – Variation Procedure, result in a Variation. Such additional lands shall not become part of the Metrolinx Lands and shall not be used in respect of the Works unless and until,
(i) Contracting Authority has issued a Variation Confirmation pursuant to Schedule 22 – Variation Procedure; and
(ii) title to the additional lands has been successfully conveyed to Metrolinx.
(b) Project Co acknowledges and agrees that any decision of Contracting Authority pursuant to Section 16.7(a) shall be final and binding on the Parties and in the event that Contracting Authority does not agree to an acquisition of additional lands pursuant to Section 16.7(a), Project Co acknowledges and agrees that Contracting Authority’s decision shall not be subject to resolution pursuant to Schedule 27 – Dispute Resolution Procedure.
(c) Project Co shall be entitled to obtain any properties (or obtain temporary access to any properties) at its own cost and expense, however, such properties shall not, for the purposes of this Project Agreement, form part of the Metrolinx Lands and no New Metrolinx Infrastructure shall be located on, or rely in any way upon, on any properties which Project Co acquires pursuant to this Section 16.7(c).
Adjustments to Metrolinx Lands Available to Project Co. (a) Project Co may propose, by written request to Contracting Authority, that Contracting Authority acquire ownership of, or obtain rights or interests in or to additional lands which, in Project Co’s opinion, would improve the efficiency of Project Co’s performance of the Works (each an “Additional Lands Request”).
(b) Project Co shall include in each Additional Lands Request,
(i) for each of the Additional Lands requested, supporting reasons, justifications and detailed plans evidencing, at a minimum,
(A) how each of the proposed Additional Lands would improve the efficiency of the delivery of the Works; and
(B) that the lands, rights or interests, if acquired, would be sufficient, but not excessive, to achieve the objective described in Section 16.7(b)(i)(A);
(ii) the legal description related to the Additional Lands being proposed, together with all relevant parcel register for property identifier documents and, if the Additional Lands cannot be fully legally defined, a sketch depicting the location and limits of the Additional Lands and a legal survey of such Additional Lands to establish the boundaries. Whenever the Additional Lands are part of a larger lands parcel, the legal survey must define a smaller parcel sufficient for delivery of the Works;
(iii) a plan for conducting any necessary investigations of the Additional Lands including, with respect to contamination and other environmental conditions, utilities, geotechnical conditions, fossils, artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, located on, in or under such lands (a “Site Investigation Plan”). If required by Contracting Authority, Project Co shall implement the Site Investigation Plan and shall provide all reports prepared or issued in connection with the Site Investigation Plan (“Site Investigation Reports”) to Contracting Authority. Contracting Authority shall be an addressee of all such Site Investigation Reports and shall be entitled to rely on the Site Investigation Reports;
(iv) where the Additional Lands will contain New Third Party Infrastructure that is for the City of Toronto, written confirmation from the City of Toronto that it will accept: (A) such New Third Party Infrastructure; and (B) in accordance with this Section 16.7, conveyance by Contracting Authority of the applicable Additional Lands in connection with the Handover of such New Third Party Infrastructure; and
(v) any savings in D...
