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been applied and then to which $68 has been added; (2) as to those residents whose occupancy is <br /> after January 1, 2002, the Cost of Living has been applied to the rents in Exhibit A to which $34 <br /> has been added. The $68 and $34 have been added to the rents in consideration of the Park <br /> Owner's accepting financial responsibility in perpetuity for maintaining, repairing and replacing <br /> existing and new (if any) capital improvements in the Park. <br /> C. Rent Increases Generally. Beginning January 1, 2009, annual rent increases shall <br /> be calculated as provided in Article VI. Nothing herein shall be construed to require that the <br /> Park Owner increase rents in any given year by the maximum permitted under this Agreement. <br /> If the Park Owner increases rents in any year by less than the maximum permitted pursuant to <br /> Article VI, then the Park Owner shall have the right in the next subsequent year to increase rents <br /> by the difference between the maximum permitted rent increase pursuant to Article VI for the <br /> two year period and the actual rent increase actually taken in the first year. <br /> D. Rent Increases Upon a Transfer of Ownership. <br /> 1. Upon a Transfer of Ownership, the Park Owner may increase the Monthly <br /> Rent for that space by multiplying the highest monthly rent in effect for that year by the <br /> Cost of Living; provided, however, that the percentage change shall be no less than 2% <br /> nor more than 5 For example, if the highest monthly rent for 2008 is $900 and the <br /> Cost of Living (for August 2007) had been 5.5 the Park Owner, upon a Transfer of <br /> Ownership in 2008, could have raised the Monthly Rent for a mobilehome space to no <br /> more than $945; if the Cost of Living (for August 2007) had been 1.5 the Park Owner, <br /> upon a Transfer of Ownership, could have raised the Monthly Rent to $918. <br /> 2. If the Park Owner increases rents following a Transfer of Ownership by Less <br /> than the maximum permitted under subparagraph 1 of this paragraph D, then the Park <br /> Owner shall have the right in the following year or years to increase the rents by the <br /> difference between the maximum permitted rent increase under subparagraph 1 of this <br /> paragraph and the actual rent increase actually imposed. <br /> 3. Except as provided in subparagraph 2 of this paragraph D, any rent increase <br /> pursuant to subparagraph 1 of this paragraph D shall be imposed immediately upon a <br /> Transfer of Ownership. <br /> E. If as a result of a death of the Park Owner, the Park Owner's heirs are forced to <br /> sell the Park to pay federal estate taxes, a new park owner may request the City to increase rents <br /> to cover increased property taxes. It is within the sole discretion of the City whether to grant <br /> such request. <br /> 5 <br />