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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 April 2013 shall be segregated (or separately accounted for) with the intention <br /> that the parties' negotiations on the new agreement will determine how these monies shall be <br /> utilized. <br /> 5. Except as modified above, all existing provisions of the current Agreement shall remain <br /> in full force and effect. <br /> 6. In the event the parties are unable to negotiate a new Agreement, nothing in this Third <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 1, 2013 rent increase. <br /> IN WITNESS WHEREOF, the parties have executed this First Amendment to Rent Stabilization <br /> Agreement the day and year first above written. <br /> CITY OF PLEAS•j TON <br /> Nelson Fialho, City Manager <br /> PLEASANTON HACIENDA I, LP: <br /> v0z ----- <br /> Philip'I400n, Managing Pan:ner and Owner <br /> ATTEST: <br /> arep Diaz, City SI <br /> APPROVED AS TO FORM: <br /> onath Lowell- Attorney <br />