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July 14, 2017

Derek Robertson and Kim Lanigan


Kawartha Tubing Inc.
13 Whetung Street
Curve Lake, ON
K0L 1R0

Dear Mr. Robertson and Ms. Lanigan:

Re: Temporary Authorization for Tubing Activities

Thank you for your continuing cooperation and dialogue with regards to Kawartha Tubing Inc.s
(KT) commercial tubing activities (the Activities) within Kawartha Highlands Signature Site
Park (the Park). I would like to follow-up with you on some of the items we have discussed
previously.

The health and safety of visitors in our provincial parks is very important to us. This past week,
Park staff monitored activity at the site and based on their observations we continue to have
public safety concerns associated with: parking, traffic and congestion on County Road 36;
overcrowding with large numbers of people on the river; and promotion of the park and staff via
website and social media. We have also received an additional number of complaints from local
residents and other park users.

Of particular note, there has been a significant increase in the number of people using the Park
in recent weeks and the existing parking lot can no longer handle the number of people
attempting to park their vehicles there. As a result, the shoulders of County Road 36 have
become an overflow parking lot, which has resulted in the creation of a serious safety risk to the
public.

While Ontario Parks is prepared to provide further temporary permission to KT to carry out the
Activities in the Park until and including July 21, 2017, our health and safety concerns must be
addressed promptly. To that end, the terms and conditions in this authorization have been
updated from the previous one, notably by inclusion of the following changes that shall take
effect immediately:

KT (including its staff) shall not direct any person, or otherwise specify that a person
may, park a vehicle along County Road 36, as per condition 19 below.
KT shall arrange alternate parking or transportation to address congestion on County
Road 36, as per condition 20 below.
KT shall provide safety equipment on site including throw rings and reach poles for both
entry and exit control points for your operations, as per condition 4(a) below.
KT shall have all KT employees providing in-water service to your clients wear
lifejackets, as per condition 4(b) below.
KT shall provide life jackets to all customers of KT, and require mandatory use as part of
rental, as per condition 4 (c) below.
KT shall ensure a minimum of two staff are present at the entry point where tubes enter
the river and at the exit point where tubes are removed from the river, as per condition
4(d) below.

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KT shall update its Commercial General Liability (CGL) insurance policy to properly
name Her Majesty the Queen in right of Ontario as an additional insured, as per
condition 11 below.
KT shall indemnify the Crown in respect of the Activities, as per condition 12.
KT shall remove all association, reference or mention of Ontario Parks from all
promotional materials of KT, including website and social media platforms, as per
condition 15 below.

In addition, KT must also comply with the following requirements by no later than July 19th,
2017:
Restrict the number of tubes to a maximum of six tubes per half hour, as per condition 1
below.
Restrict the number of tubes delivered to and stored on site to a maximum of 30, as per
condition 2 below.
Limit operational hours from 10:00 am to 6:00 p.m. daily, as per condition 3 below.

Failure to comply with the foregoing requirements may result in this authorization being revoked,
as per condition 22 below.

Temporary Authorization

KT is hereby provided authorization to carry out the Activities from July 15 to and including July
26, 2017 in the Park subject to the following terms and conditions:

1. From July 15 to July 18, 2017, KT shall limit the number of tubes entering the river to a
maximum of 12 per half hour (as per your request). From July 19 to July 26, 2017, KT
shall limit the number of tubes entering the river to a maximum of six per half hour.

2. From July 15 to July 18, 2017, KT may deliver and temporarily store a maximum of 50
tubes and life jackets per day (for the purpose of pick up and drop off) in a small area
specified by the Park Superintendent that is located along the Mississagua River. From
July 19 to July 26, 2017, the number of tubes and life jackets that KT may deliver and
temporarily store shall be a maximum of 30. KT shall remove all tubes and life jackets
from the Park by the time of Park closure each day.

3. Commencing July 19, 2017, KT may carry out the Activities only during the hours of
10:00 a.m. to 6:00 p.m. daily.

4. KT shall be responsible, at its own expense, for arranging and implementing


appropriate health, safety and security measures in respect of the Activities, including
the provision of any required on-site medical attention and safeguarding any equipment
and property related to the Activities. Without limiting the generality of the foregoing, KT
shall:
(a) Provide safety equipment on site, including throw rings and reach poles for both
entry and exit control points for your operations;
(b) Ensure that all KT employees providing in-water service to KT customers wear
lifejackets;
(c) Provide life jackets to all customers of KT, and require mandatory use by all
customers as part of rental;

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(d) Ensure a minimum of two staff are present at the entry point where tubes enter the
river and at the exit point where tubes are removed from the river.

5. KT shall immediately contact emergency services (911) for serious medical injuries and
notify the Park Superintendent in case of any emergency that may arise.

6. KT shall not solicit business or carry out any financial transactions related to the
Activities in the Park.

7. KT shall not park any trucks or trailers on site for purposes related to the Activities,
other than temporarily for the purpose of picking up any employees or equipment.

8. KT shall ensure that all garbage related to the Activities shall be cleaned up daily.

9. KT shall monitor the premises daily for any trail damage and promptly report same to
the Park Superintendent.

10. KT assumes all risk of injury and damages associated with the Activities and releases
the Crown from any and all actions, proceedings, demands, claims, costs and expenses
for or by reason of any loss, damage or injury, including death, of any nature or kind
whatsoever and howsoever caused, which may arise directly or indirectly by reason of or
in respect of the Activities.

11. KT shall maintain Commercial General Liability (CGL) insurance on an occurrence basis
for third party bodily injury, personal injury and property damage, to an inclusive limit of
not less than $5,000,000 naming Her Majesty the Queen in right of Ontario, as
represented by the Minister of Natural Resources and Forestry as an additional insured,
and provide Ontario Parks with proof of the insurance in the form of valid certificates of
insurance that confirms the required coverage.

12. KT agrees to indemnify and hold harmless Her Majesty the Queen in right of Ontario,
her Ministers, directors, officers, agents, appointees, and employees from and against
any and all liability, loss, costs, damages and expenses (including legal, expert and
consulting fees), causes of action, actions, claims, demands, lawsuits and other
proceedings (collectively Claims), by whomever made, sustained, incurred, brought or
prosecuted, including for third party bodily injury (including death), personal injury and
property damage, arising out of or in connection with anything done or omitted to be
done by KT, its subcontractors or their respective directors, officers, employees, agents,
partners, affiliates or volunteers in the course of performance of KTs obligations under
or otherwise in connection with the Activities.

13. KT shall provide an emergency plan to Ontario Parks by no later than July 21,
2017. The emergency plan must identify emergency check points and provide the name
and phone number of an on-site contact person for KT.

14. Despite anything to the contrary herein, Ontario Parks reserves the right to restrict the
number of persons entering the Park for the Activities due to any concerns, in the
opinion of Ontario Parks, about health, safety, environmental matters or damage to
Crown property.

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15. KT shall not make any reference to any association or affiliation with Ontario Parks in
any of its promotional material or products. KT shall immediately remove any and all
reference to or mention of Ontario Parks from all promotional materials of KT, including
website and social media platforms.

16. KT shall not place or display, or permit the placement or display, of any advertisement
in the Park.

17. KT shall comply with all applicable laws, including without limitation laws respecting
environmental protection and occupational health and safety.

18. KT acknowledges that Ontario Parks does not make any representations, warranties or
assurances of any kind respecting the availability of parking at the Park for the Activities.
Parking is available to all park users on a first-come-first served basis. KT shall not
reserve any parking spaces for its customers.

19. KT (including its staff) shall not direct any person, or otherwise specify that a person
may, park a vehicle along County Road 36.

20. KT shall, at its own expense, arrange alternate parking or transportation for its
customers to access the Park (e.g., bus) in the event of insufficient parking being
available at the Park.

21. KT acknowledges and agrees that Ontario Parks is no way affiliated with the Activities,
and as such KT is acting as an independent party and shall have no power or authority
to bind Ontario Parks or to assume or create any obligation or responsibility, express or
implied, on behalf of Ontario Parks.

22. Ontario Parks may revoke this authorization at any time if, in the opinion of Ontario
Parks:

(a) KT breaches any term, condition or obligation set out in this authorization; or
(b) Ontario Parks is of the opinion that proceeding with the Activities is likely to pose an
unacceptable risk: (i) to public health or safety; (ii) of harm to the environment; or (iii)
of damage to natural features, structures or facilities (including trails) in the Park.

Upon receipt of notice of revocation of this authorization, KT shall immediately cease the
Activities and remove all equipment from the Park.

By hereafter proceeding with the Activities, Kawartha Tubing Inc. agrees to and accepts the
foregoing terms and conditions.

If you have any questions about this authorization, please do not hesitate to contact me.

Sincerely,

Paul Smith
Park Superintendent

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Kawartha Highlands Signature Site Park

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