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Further, nothing contained or implied in this Agreement shall prejudice or affect the Participating Municipalities' rights, powers, duties or obligation in the exercise of its functions pursuant to the Community Charter, Vancouver Charter, or the Local Government Act, as amended or replaced from time to time, or act to fetter or otherwise affect the Participating Municipalities' discretion, and the rights, powers, duties and obligations under all public and private statutes, by-laws, orders and regulations, which may be, if each Participating Municipality so elects, as fully and effectively exercised as if this Agreement had not been executed and delivered by the Participating Municipalities. 26.

PART 8: SEVERABILITY 7.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase.

Any notice or communication will be deemed to have been given when delivered if delivered by hand, two business days following mailing if sent by prepaid mail, and on the following business day after transmission if sent by facsimile. 7.4 Interpretation.

Any notice which is delivered is to be considered to have been given on the first day after it is dispatched for delivery. 11.13 Enuring Effect This Agreement will extend to and be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. 11.14 Severability If any provision of this Agreement is found to be invalid or unenforceable, such provision or any part thereof will be severed from this Agreement and the resultant remainder of this Agreement will remain in full force and effect. 11.15 Waiver All remedies of the City will be cumulative and may be exercised by the City in any order or concurrently in case of any breach and each remedy may be exercised any number of times with respect to each breach.

The Owner covenants and agrees with the City that the Owner will offer to each Returning Tenant that exercises their right of first refusal to a Replacement Rental Unit a Tenancy Agreement for a Replacement Rental Unit with the same number of bedrooms as the Returning Tenant’s Prior Unit provided that: (a) if no Replacement Rental Unit with the same number of bedrooms as a Returning Tenant’s Prior Unit is available for rent because they have all been rented to other Returning Tenants, then the Owner will offer to such Returning Tenant a Replacement Rental Unit with a greater number of bedrooms than their Prior Unit; and (b) if no such Replacement Rental Unit described in section 3.2(a) is available for rent because they have all been rented to other Returning Tenants, then the Owner will offer to such Returning Tenant a Replacement Rental Unit with a lesser number of bedrooms than their Prior Unit.

Bylaw No. 14739 Page 1 of 3 CITY OF BURNABY BYLAW NO. 14739 A BYLAW to establish the annual charge for each foot of taxable foot-frontage to be specially charged against parcels of land benefitting from certain local area service works WHEREAS the local area service works more particularly described in Schedule Numbers 1 to 3 of Schedule “A” inclusive hereunto annexed have been duly constructed pursuant to the provisions of Division 5 of Part 7 of the Community Charter: AND WHEREAS the total actual foot-frontage, the total taxable foot-frontage and the sum required to be raised annually during the period therein set forth are stated in the said Schedules in respect of each of the said works; AND WHEREAS parcel tax assessment rolls have been duly prepared, confirmed and authenticated in respect of the said works; NOW THEREFORE the Council of the City of Burnaby ENACTS as follows: 1.

The practice of Council has been to set tax rates in order to maintain reasonable tax stability in compliance with the Community Charter.

The practice of Council has been to set tax rates in order to maintain reasonable tax stability in compliance with the Community Charter.

Any notice which is delivered is to be considered to have been given on the first day after it is dispatched for delivery. 10.14 Enuring Effect This Agreement will extend to and be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. 10.15 Severability If any provision of this Agreement is found to be invalid or unenforceable, such provision or any part thereof will be severed from this Agreement and the resultant remainder of this Agreement will remain in full force and effect. 10.16 Waiver All remedies of the City will be cumulative and may be exercised by the City in any order or concurrently in case of any breach and each remedy may be exercised any number of times with respect to each breach.

ARTICLE 10 DISPUTE RESOLUTION 10.1 If a dispute arises between the parties out of or in connection with this Agreement the parties agree that the following dispute resolution process will be used: (a) a meeting will be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute; (b) if, within fourteen (14) days after such meeting or such further period agreed to by the parties in writing, the parties have not succeeded in negotiating a resolution of the dispute, the parties agree to try to resolve the dispute by participating in a structured negotiation conference with a mediator agreed upon by the parties or, failing agreement, under the Mediation Rules of Procedure of the British Columbia Bylaw No. 14745 Page 18 of 33 International Commercial Arbitration Centre, in which case the appointing authority is the British Columbia International Commercial Arbitration Centre; and (c) after dispute resolution attempts have been made under sections 10.1(a) and 10.1(b), any remaining issues in dispute will be determined by arbitration under the Arbitration Act (British Columbia) if the parties mutually agree to arbitration, and failing such agreement, either party may commence an action in the British Columbia courts to resolve any remaining issues in dispute.

Any notice which is delivered is to be considered to have been given on the first day after it is dispatched for delivery.

Any notice which is delivered is to be considered to have been given on the first day after it is dispatched for delivery. 11.14 Enuring Effect This Agreement will extend to and be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. 11.15 Severability If any provision of this Agreement is found to be invalid or unenforceable, such provision or any part thereof will be severed from this Agreement and the resultant remainder of this Agreement will remain in full force and effect. 11.16 Waiver All remedies of the City will be cumulative and may be exercised by the City in any order or concurrently in case of any breach and each remedy may be exercised any number of times with respect to each breach.

Any notice which is delivered is to be considered to have been given on the first day after it is dispatched for delivery. 10.15 Enuring Effect This Agreement will extend to and be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. 10.16 Severability If any provision of this Agreement is found to be invalid or unenforceable, such provision, or any part thereof, will be severed from this Agreement and the resultant remainder of this Agreement will remain in full force and effect. 10.17 Waiver All remedies of the City will be cumulative and may be exercised by the City in any order or concurrently in case of any breach and each remedy may be exercised any number of times with respect to each breach.

The Chargeholder, being the holder of the Bank Charges, by signing below, in consideration of the payment of Ten Dollars ($10.00) and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged and agreed to by the Chargeholder), hereby consents to the granting of the covenants in the Housing Agreement by the Owner and hereby covenants that the Housing Agreement will bind the Bank Charges in the Lands and will rank in priority upon the Lands over the Bank Charges as if the Housing Agreement had been signed, sealed and delivered and noted on title to the Lands prior to the Bank Charges and prior to the advance of any monies pursuant to the Bank Charges.

Any notice which is delivered is to be considered to have been given on the first day after it is dispatched for delivery. 9.12 Enuring Effect This Agreement will extend to and be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. 9.13 Severability If any provision of this Agreement is found to be invalid or unenforceable, such provision or any part thereof will be severed from this Agreement and the resultant remainder of this Agreement will remain in full force and effect.

ARTICLE 11 DISPUTE RESOLUTION 11.1 If a dispute arises between the parties out of or in connection with this Agreement the parties agree that the following dispute resolution process will be used: (a) a meeting will be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute; (b) if, within fourteen (14) days after such meeting or such further period agreed to by the parties in writing, the parties have not succeeded in negotiating a resolution of the dispute, the parties agree to try to resolve the dispute by participating in a structured negotiation conference with a mediator agreed upon by the parties or, failing agreement, under the Mediation Rules of Procedure of the British Columbia International Commercial Arbitration Centre, in which case the appointing authority is the British Columbia International Commercial Arbitration Centre; and (c) after dispute resolution attempts have been made under sections 11.1(a) and 11.1(b), any remaining issues in dispute will be determined by arbitration under the Arbitration Act (British Columbia) if the parties mutually agree to arbitration, and failing such agreement, either party may commence an action in the British Columbia courts to resolve any remaining issues in dispute.

The Owner covenants and agrees with the City that the Owner will offer to each Returning Tenant that exercises their right of first refusal to a Replacement Rental Unit a Tenancy Agreement for a Replacement Rental Unit with the same number of bedrooms as the Returning Tenant’s Prior Unit provided that: (a) if no Replacement Rental Unit with the same number of bedrooms as a Returning Tenant’s Prior Unit is available for rent because they have all been rented to other Returning Tenants, then the Owner will offer to such Returning Tenant a Replacement Rental Unit with a greater number of bedrooms than their Prior Unit; and (b) if no such Replacement Rental Unit described in section 3.2(a) is available for rent because they have all been rented to other Returning Tenants, then the Owner will offer to such Returning Tenant a Replacement Rental Unit with a lesser number of bedrooms than their Prior Unit.

Any notice which is delivered is to be considered to have been given on the first day after it is dispatched for delivery. 10.14 Enuring Effect This Agreement will extend to and be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. 10.15 Severability If any provision of this Agreement is found to be invalid or unenforceable, such provision or any part thereof will be severed from this Agreement and the resultant remainder of this Agreement will remain in full force and effect. 10.16 Waiver All remedies of the City will be cumulative and may be exercised by the City in any order or concurrently in case of any breach and each remedy may be exercised any number of times with respect to each breach.

The City has established tenant assistance and replacement housing programs for persons displaced by redevelopment and, pursuant to Council direction respecting the non-market portion of the redevelopment known as “Solhouse” at 6035 Wilson Avenue, certain non- market housing obligations have been transferred to the Lands, to be fulfilled in accordance with the City’s Tenant Assistance Policy; D.

. – 6616 Telford Avenue Rezoning Reference #18-23 Subdivision Reference #21-43) Market Rental, Replacement and Optional Inclusionary Units (pp) “Required Inclusionary Unit” means a Replacement Rental Unit that has become a Required Inclusionary Unit pursuant to section 3.2(h) or section 3.2(i) of this Agreement and is rented or offered for rent at the Required Inclusionary Rental Rate; (qq) “Residential Tenancy Act” means the Residential Tenancy Act, S.B.C. 2002, Chapter 78 together with all amendments thereto and replacements thereof; (rr) “Returning Tenant” means a former tenant of a Prior Unit who is eligible for a right of first refusal for a Replacement Rental Unit under the Tenant Assistance Policy and Rental Use Zoning Policy; (ss) “TAP Tenants” means the tenants who are eligible for Tenant Assistance Policy benefits as of the Eligibility Date; (tt) “Tenancy Agreement” means a tenancy agreement, lease, license or other agreement granting rights to occupy a Market Rental Unit or Non-Market Rental Unit, as applicable, on a month-to-month basis or for a fixed term not exceeding 12 months; (uu) “Tenant Assistance Form” means the Household Needs Assessment form as referenced in the Tenant Assistance Policy; (vv) “Tenant Assistance Policy” means the City’s Tenant Assistance Policy approved by City Council on March 9, 2020; (ww) “Vancouver Headline CPI” means the All-Items Consumer Price Index for Vancouver, B.C. published from time to time by Statistics Canada, or its successor in function; and (xx) “Zoning Bylaw” means the Burnaby Zoning Bylaw, 1965, and amendments thereto and re-enactments thereof. 1.2 In this Agreement: (a) reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise; (b) article and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement; (c) if a word or expression is defined in this Agreement, other parts of speech and grammatical forms of the same word or expression have corresponding meanings; (d) reference to any enactment includes any regulations, orders or directives made under the authority of that enactment; Bylaw No. 14790 Page 9 of 33 Housing Agreement (6616 Telford Nominee Ltd & 6616 Telford (2024) Nominee Ltd. – 6616 Telford Avenue Rezoning Reference #18-23 Subdivision Reference #21-43) Market Rental, Replacement and Optional Inclusionary Units (e) reference to any enactment is a reference to that enactment as consolidated, revised, amended, re-enacted or replaced, unless otherwise expressly provided; (f) the provisions of section 25 of the Interpretation Act with respect to the calculation of time apply; (g) time is of the essence; (h) all provisions are to be interpreted as always speaking; (i) reference to a “party” is a reference to a party to this Agreement and to that party’s respective successors, assigns, trustees, administrators and receivers; (j) reference to a “day”, “month”, “quarter” or “year” is a reference to a calendar day, calendar month, calendar quarter or calendar year, as the case may be, unless otherwise expressly provided; and (k) where the word “including” is followed by a list, the contents of the list are not intended to circumscribe the generality of the expression preceding the word “including”.

The practice of Council has been to set tax rates in order to maintain reasonable tax stability in compliance with the Community Charter.

Form and Character Development Permit Area Guidelines / 7 Introduction Section 1 Introduction » Exterior building maintenance, minor improvements, changes to existing signage, and minor changes to landscaping that do not materially affect the form and character of the development. » Development specifically authorized through Preliminary Plan Approval for which a building permit has not been issued. 1.5 How to Use the Document This document is organized in four sections: 1.0 Introduction Provides an overview of the document, application and conditions, and the Design Principles.

PART 9: SEVERABILITY 9.1 If any portion of this bylaw is held invalid by a Court of competent jurisdiction, the invalid portion shall be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase.

PART 8: SEVERABILITY 8.1 If any definition, section, subsection, paragraph, subparagraph, clause or phrase in this bylaw is held invalid by a Court of competent jurisdiction, the invalid definition, section, subsection, paragraph, subparagraph, clause or phrase must be severed and the remainder of this bylaw is deemed to have been adopted without the severed definition, section, subsection, paragraph, subparagraph, clause or phrase.

Any notice which is delivered is to be considered to have been given on the first day after it is dispatched for delivery. 10.16 Enuring Effect This Agreement will extend to and be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns.