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G. There are a limited number of vacant spaces in the parks and there are few <br /> additional mobilehome park spaces available in the County and adjoining communities. <br /> H. Due to the lack of a significant vacancy factor and the high cost of moving <br /> mobilehomes, the Home Owners do not have a meaningful alternative to relocate to other <br /> parks in which rents may be more reasonable. <br /> I. Two of the parks are senior parks and most of the Home Owners are senior <br /> citizens, many of whom are living on fixed incomes. <br /> J. This Agreement continues to reflect an arrangement between the parties for <br /> resolving issues within the mobilehome parks without the necessity of the City's adopting <br /> a rent review ordinance applicable to all parks within the City. <br /> NOW, THEREFORE, in consideration of the faithful performance of the terms, <br /> conditions, covenants, and promises set forth herein, the parties agree as follows: <br /> L DEFINITIONS <br /> A. "Adjusted Monthly Rent" is the monthly Space Rent for each mobilehome <br /> space in Pleasanton plus the amortized Capital Improvements costs, if any, for such <br /> space. As of the Effective Date of this Agreement, the Adjusted Monthly Rent for each <br /> mobilehome space in a Park covered by this Agreement is set forth in Exhibits A-1, A-2 <br /> and A-3 of this Agreement.. <br /> B. "Base Rent" is the Adjusted Monthly Rent(a) less the amortized Capital <br /> Improvement costs and (b) less the Operating Expenses and the Real Property taxes. [For <br /> example, if the Adjusted Monthly Rent were $425 as of 1/1/97, the amortized Capital <br /> Improvement costs were $25, and the Operating Expenses and Real Property Taxes were <br /> a total of$150/space (through September 30, 1996), the Base Rent would be $250.] <br /> C. "Capital Improvements" are any new additions or betterments made to a <br /> Park such as, but not limited to, a new swimming pool, a new building, a new fence or a <br /> new road where one of the same size, function and quality had not existed before. For <br /> this Agreement, rehabilitating or replacing the Capital Improvements identified on <br /> Exhibits B-1, B-2, and B-3 of this Agreement, in threshold amounts set forth in Paragraph <br /> VIII, shall be treated as Capital Improvements. <br /> D. "Cost of Living" ("COL") is the change in the Consumer Price Index for the <br /> San Francisco-Oakland-San Jose Metropolitan Area (All Items Index; All Urban <br /> Consumers) for the twelve (12) month period ending in August each year as published by <br /> the Bureau of Labor Statistics, U.S. Department of Labor. If this index shall delete the <br /> (m blhomessm 2/3197) <br /> 2 <br />