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B. The following Operating Expenses shall not be included as Operating <br /> Expenses for purposes of Formula B: <br /> 1. Debt service expenses, except as provided in Paragraph VIIIA. <br /> 2. Depreciation. <br /> 3. Any expense for which the Park Owner is reimbursed. <br /> 4. Legal expenses incurred under subparagraphs C and D of Paragraph <br /> IV of this Agreement. <br /> X. ANNIVERSARY DATE <br /> January 1 shall be the anniversary date upon which annual rent adjustments shall <br /> be effective. <br /> XI. HOMEOWNERS REVIEW OF EXPENSES <br /> If a Home Owner questions any of the calculations used for a rent increase, the <br /> Home Owner shall request within 30 days after receiving notice of a rent increase the <br /> Home Owner's representative to meet with the Park Owner or the Park Owner's <br /> representative to answer the Home Owner's concern. If the matter cannot be resolved <br /> satisfactorily, the Home Owner's representative may request the City Manager to review <br /> the matter. The City Manager may select whatever professional persons are deemed <br /> necessary to assist in the review. The Park Owner shall make the pertinent records <br /> available for review. If the matter cannot be resolved satisfactorily, the matter shall be <br /> referred to the PMC for resolution. <br /> XII. HOME OWNER AS THIRD-PARTY BENEFICIARY <br /> This Agreement is intended to benefit Home Owners and Park Owners. Every <br /> Home Owner is deemed to be a third party beneficiary of this Agreement with the <br /> authority to enforce its provisions. Moreover, the Home Owners Associations for the <br /> Vineyard Mobile Villa and the Hacienda Mobilehome Park have considered this <br /> Agreement at specially called meetings and have recommended that it be adopted. <br /> XHI. TERM <br /> The Agreement shall begin on January 1, 1997 and shall terminate on <br /> December 31, 2001. <br /> onoblbomesun 2/5/97) <br /> 12 <br />