CITY OF TIMMINS BY- LAW NO. 2018-8186 BEING A BY-LAW to authorize The Corporation of the City of Timmins to enter into an agreement with Goldcorp Canada Ltd. to provide temporary access rights over Goldcorp lands for the purpose of staging fireworks for the Stars & Thunder Event in the City of Timmins. WHEREAS Council of The Corporation of the City of Timmins considers it desirable to enter into an agreement with Goldcorp Canada Ltd. to provide temporary access rights over Goldcorp lands for the purpose of staging fireworks for the Stars & Thunder Event in the City of Timmins. NOW THEREFORE the Council of The Corporation of the City of Timmins enacts the following as a By- law: 1. THAT The Corporation of the City of Timmins enter into an agreement with Goldcorp Canada Ltd. to provide temporary access rights over Goldcorp lands for the purpose of staging fireworks for the Stars & Thunder Event in the City of Timmins, agreement is attached hereto and marked as Schedule "A" to this By- law. 2. THAT the Mayor and Clerk be and are hereby authorized to execute the said agreement on behalf of the Corporation and to affix thereto the Official Seal of the Corporation 27th READ a first and second time this day of March 2018. 27th READ a third and final time be enacted and passed this day of MaiCh 2 i £. y' `.,+ t, MAYOR CL RK CITY OF TIMMINS BY-LAW NO. 2018- 8186 BEING A BY-LAW to authorize The Corporation of the City of Timmins to enter into an agreement with Goldcorp Canada Ltd. to provide temporary access rights over Goldcorp lands for the purpose of staging fireworks for the Stars & Thunder Event in the City of Timmins. WHEREAS Council of The Corporation of the City of Timmins considers it desirable to enter into an agreement with Goldcorp Canada Ltd. to provide temporary access rights over Goldcorp lands for the purpose of staging fireworks for the Stars 8 Thunder Event in the City of Timmins. NOW THEREFORE the Council of The Corporation of the City of Timmins enacts the following as a By- law: 1. THAT The Corporation of the City of Timmins enter into an agreement with Goldcorp Canada Ltd. to provide temporary access rights over Goldcorp lands for the purpose of staging fireworks for the Stars & Thunder Event in the City of Timmins, agreement is attached hereto and marked as Schedule "A" to this By- law. 2. THAT the Mayor and Clerk be and are hereby authorized to execute the said agreement on behalf of the Corporation and to affix thereto the Official Seal of the Corporation. 27th READ a first and second time this day of March 2018. READ a third and final time be enacted and passed this 27' day of March 2018. CERTIFIED TRUE COPY ( SGD) STEVE BLACK OF BY- LAW NO. 2018-8186 MAYOR Z SGD) STEPH PALMATEER CL RK CLERK ACCESS AGREEMENT d THIS AGREEMENT made with effect as of the 2" day of February, 2018 ( the " Effective Date"}, BETWEEN: GOLDCORP CANADA LTD., a corporation incorporated under the federal laws of Canada, hereinafter referred to as " Goldcorp" or " Grantor") and- THE CORPORATION OF THE CITY OF TIlVIlI7INS hereinafter referred to as the " City" or " Grantee"), WHEREAS: A. Goldcorp is the owner of certain lands outlined with red boundary lines on the sketch attached as Schedule " A" ( the " Goldcorp Lands"); B. The City is hosting the Timmins Sta s and Thunder 2018 Festival and requires access to the Goldcorp Lands for the fireworks competition taking h place between June 24` and July 1s`, 2018 ( the " EvenY'); C. At the request of the City, Goldcorp has agreed to gant to the City certain temporary access rights over the Goldcorp Lands for the Event, as more particularly set out in this Agreement. NOW THEREFORE, in consideration of the covenants and agreements herein contained ( the receipt and sufficiency of which is hereby acknowledged), the parties covenant and agree as follows: ARTICLE 1 TEMPORARY ACCESS l.l Grant of Temporary Access Goldcorp hereby grants a non- exclusive surface rights only temporary right of access in fa our of the Grantee and its contractors, in, over, along and upon that portion of the Goldcorp Lands, which access shall solely be for the purpose of sta ing firework displays for the Event and associated activities (the " Temporary Access"). 2- 1. 2 Duration of Access The Temporary Access is granted commencing from June 1`, 2018 and to terminate on the earlier of: a) July 16`, 2018; or b) Earlier termination of this Agreement in accordance with ARTICLE 4 the " Access Period") On or before May 1S`, 2018, Goldcorp and the City will meet in-person to update Schedule " A" with new surveys of fenced- in area, and discuss any updates to the Access Period to accommodate both parties' needs. 1. 3 Access Restrictions a) The Goldcorp Lands will be fenced off in accordance with the red boundary lines indicated in Schedule " A", and Parties agree that the Temporary Access will be restricted to the area within the fenced boundary, and not on any other Goldcorp property. b) Parties agree that the Temporary Access is for surface rights only and Goldcorp' s underlying mineral rights shall remain unaffected. c) Grantee shall, and shall ensure its employees, contractors, other invitees or those for whom the Grantee may be responsible at law ( collectively the " Grantee Personnel"), adhere to the follow restrictions during the Temporary Access: i) Securiry & Safety: A) For the duration of the Temporary Access, the City is responsible for the safety and direction of all persons on Goldcorp Lands, including but not limited to implementing the necessary access control, supervise workers, and establish health and safety procedures for those working at the site. B) Existing "Entrance" gate on the property, as outlined in Schedule A, known as " Shania Twain Centre Gate" shall be controlled by the City and locked at all times to ensure public safety. Goldcorp will provide the City with keys. 3- C) The Goldcorp Lands will be fenced off as restricted area, and the City shall be responsible for public safety, including limiting access to such restricted area to those required to work in the area in connection with the Event. Strict access requirements shall be imposed, where the City shall monitor and require registration by all people accessing the area and maintain a sign-in/ sign- out book for the area. D) The City shall be solely responsible for all safety procedures and policies for work being conducted within the fenced boundaries for the Event, including but not limited to any permitting or signage requirements of government agencies. E) A" Blasting Time Clearance Procedure" will be prepared by Goldcorp for the duration of the Temporary Access, and shall be adhered to by the City. F) Any security breach, environmental incidents, public safety reports, injury reports or ministry of labour inspections on the Goldcorp Lands shall be immediately reported by the City to Goldcorp. ii) No Recordings: Grantee and the Grantee Personnel is not permitted to make recordings of the Goldcorp Lands and adjacent Goldcorp activities. Photos, videos and other types of recordings of the site or any personnel is strictly prohibited without Goldcorp' s prior written consent. Cameras are not permitted on- site without Goldcorp prior approval. Photography or other images captured during site visits are subject to Goldcorp review. iii) Grantee and the Grantee Personnel shall: A) only utilize the Temporary Access for the specific purposes set out in Section 1. 1 of this Agreement, and not deviate from such purpose without the prior written consent of Goldcorp ( which consent may be withheld by Goldcorp in its sole discretion), B) act, and at all times be, at their own risk, C) other than as provided in this Agreement, shall not interfere with the operations or activities of Goldcorp, its employees, contractors, 4- agents and those for whom Goldcorp may be responsible, and shall not perform any work on, along or under the Goldcorp Lands, nor move or interfere with any chattels, equipment or fixtures of Goldcorp located on, under or about the Goldcorp Lands, including any signage, culverts, fencing or road related facilities, without the prior review and written consent of Goldcorp, acting reasonably, and at the sole expense of Grantee, and D) comply with all applicable laws in the course of the Grantee' s activities during the Temporary Access, including but not limited to complying with all tr c signage and otherwise act at all times in a safe, prudent and reasonable manner and in accordance with all laws and rules and regulations, so as to minimize any interference, danger and inconvenience occasioned to Goldcorp or to other persons. iv) Construction: A) The City is permitted to bring a 20 ft storage sea can on- site, but at no time shall the Goldcorp Lands be used as storage facility for fireworks, except for materials need for two ( 2) shows. Other permitted temporary structure are: trailer, tent and dumpsters. B) Grantee and the Grantee Personnel shall not disturb any existing fixtures on the Goldcorp Lands, including but not limited to any hydro lines, gas line, sewer line, water line or other public utility lines. C) Grantee and the Grantee Personnel shall not construct or erect any signage, fences, curbs, bamers or any other temporary or permanent fixtures on the Goldcorp Lands. D) Grantee shall not commence any work on Goldcorp Land without first: (i) obtain Goldcorp' s prior written approval for the work, (ii) fumish to Goldcorp drawings of the proposed work, along with details of structure type and timing for the work, as required, ( iii) provide to Goldcorp a list identifying all contractor and sub- contractor, and any associated permits, insurance and clearance certificates for such contractors and sub- contractors as Goldcorp may request, and (iv) provide to Goldcorp a copy of the contract for the work and evidence satisfactory to Goldcorp as to the existence of all necessary permits, environmental studies and other authorizations from relevant regulatory authorities.