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3. Current in lieu capital improvement costs charges, as provided in section 2 of the <br /> December 26,2012 First Amendment to Agreement, shall continue to be assessed. <br /> 4. In lieu capital improvement costs charges in the amounts of$17 and $34, as set forth in <br /> section 2 of the December 26, 2012 First Amendment to Agreement, collected by park owner <br /> during month of June and July 2013 shall be segregated(or separately accounted for) with the <br /> intention that the parties' negotiations on the new agreement will determine how these monies <br /> shall be utilized. <br /> 5. Except as modified above,all existing provisions of the current Agreemert shall remain <br /> in full force and effect. <br /> 6. In the event the parties are unable to negotiate a new Agreement, noth:.ng in this Fifth <br /> Amendment to the current Agreement shall be deemed a waiver by any party of any right with <br /> respect to the current Agreement, including any right regarding the interpretation of the current <br /> Agreement and/or the calculation of the January I, 2013 rent increase. <br /> IN WITNESS WHEREOF,the parties have executed this Fifth Amendment to Rent Stabilization <br /> Agreement the day and year first above written. <br /> CITY OF PLEASANTON <br /> L � . <br /> Nelson Fialho, ..ity Manager <br /> PLEASANTON HACIENDA I, LI': <br /> Philip I loon,' anaging Partner and Owner <br /> AT VEST: <br /> 1 L.j" �f � l� <br /> Ka n Diaz, City Cler / <br /> APPROVED AS TO FORM: <br /> Jo an Lowell,City Attorney <br />