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C. Financing Costs. If the Capital Improvement costs are amortized., the Park Owner <br /> may include reasonable financing costs, not to exceed the Prime Rate plus two percent (2%), for <br /> the Capital Improvement costs. <br /> D. Removal of Capital Improvements Costs from Space Rent. . Whenever a Capital <br /> Improvement cost has been amortized and passed through to the Residents in the form of a rent <br /> increase on their monthly rent statements, the Park Owner shall remove this cost as a line item on <br /> the monthly rent statements once the Park Owner has fully recovered such cost. <br /> E. Resident Approval for Certain Capital Improvement Costs. Capital Improvement <br /> costs over $2,000, other than Capital Improvement costs required to comply with a city, county, <br /> state or federal government act or regulation, shall require the prior approval of the Residents in <br /> order for the Park Owner to amortize and pass through to Residents such costs. Capital <br /> Improvement costs to rehabilitate or replace existing Capital Improvements (as set forth on <br /> Exhibit D) shall not require prior approval of the Residents in order for the Park Owner to <br /> amortize and pass through to the Residents such costs unless such amortized costs in any one <br /> year exceed more than two percent of the lowest monthly rent then in effect or unless such <br /> amortized costs, during the term of this Agreement, exceed more than six percent of the lowest <br /> monthly rent then in effect; provided, however, that such costs may exceed the two percent and <br /> six percent limitations but only if the City has reviewed the proposed Capital Improvement to be <br /> replaced or rehabilitated and determined that such Capital Improvement is necessary for the <br /> health and safety of the Residents and that the cost is reasonable. Where "prior approval" is <br /> required the Park Owner shall put the matter to a vote of the Residents (on the basis of one vote <br /> per household) and"prior approval" shall mean fifty percent (50%) plus one of the total number <br /> of households that cast votes. Thirty days prior to putting the matter to a vote or, in the case of a <br /> replacement or rehabilitated Capital Improvement that does not require a vote, thirty days before <br /> incurring the costs for such Improvement the Park Owner shall inform the Residents of the <br /> proposed Capital Improvement, its estimated cost, and the estimated increase in monthly rents <br /> and for what length of time the rent would be increased. The Residents may request the City to <br /> review the cost estimate of the proposed Capital Improvement, whether the Capital Improvement <br /> is new or to replace/rehabilitate an existing Improvement. <br /> F. Information Statement to Residents. If the notice informing Residents of the <br /> increase in rents includes any allocation for Capital Improvement costs, then that notice shall <br /> also include an itemization of what Capital Improvements were made and at what cost. <br /> G. Disputes as to Certain Capital Improvements. Disputes regarding whether a given <br /> Capital Improvement is required by a government act or regulation, such as the duty of the Park <br /> Owner to maintain safe premises, shall be referred to the City Manager for resolution. Disputes <br /> as to whether the useful life of an existing Capital Improvement has expired shall be governed by <br /> Article III. <br /> VIII. ANNIVERSARY DATE <br /> January 1 shall be the anniversary date upon which annual rent adjustments shall be <br /> effective. <br /> 7 <br />