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H. The parties (or their successors in interest) to the November 1996 agreement reached agreement on a revised Mobilehome Rent Stabilization Agreement ("the December 2001 agreement"). I. The December 2001 agreement is due to expire. J. The parties to the December 2001 agreement met during 2006 and 2007 to discuss terms and conditions of a revised Mobilehome Rent Stabilization Agreement and this Agreement is the result of those discussions. K. The City Council finds that due to the lack of a significant vacancy factor and the high cost of moving mobilehomes owned by the residents in the parks, the residents do not have an alternative of relocating to other parks in which rents may be more reasonable. The City Council further finds that mobilehome residents, unlike apartment tenants or residents of other rental stock, are in the unique position of having made a substantial investment in a residence for which space is rented or leased and that removal and/or relocation of a mobilehome from a park space is not a practical alternative to accepting an excessive rent increase in that it can only be accomplished at substantial cost, and in many instances may cause extensive damage to the mobilehome and loss of appurtenances such as integrated landscaping and supporting structures inconsistent with the new location. L. The City Council is of the opinion that because mobilehomes are often owned by senior citizens, persons on fixed incomes, and persons of low and moderate income, exorbitant rent increases would fall upon these individuals with particular harshness. M. This Agreement continues to reflect on arrangements between the parties for resolving issues within the mobilehome parks without the necessity of the City':; adopting a rent stabilization ordinance applicable to all parks within the City. NOW, THEREFORE, in consideration of the faithful performance of the terms, conditions, covenants, and promises set forth herein, the parties agree as follows: I. DEFINITIONS A. "City Manager" means the City Manager of the City of Pleasanton or the Manager's designee. B. "Cost of Living (COL)" means the change in the consumer price index for the San Francisco-Oakland-San Jose Metropolitan Area (all items index; all urban consumers) for the twelve (12) month period ending in August each year as published by the Bureau of Labor Statistics, U.S. Department of Labor. If this index shall delete the rental housing index, then a rental housing index shall be selected by the parties for inclusion in computing the appropriate cost of living adjustments. 2