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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. G. The Park is operated as a community for persons age 55 and over pursuant to the Federal Fair Housing Act, and most of the residents are senior citizens, many of whom are living on fixed incomes. 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. H. The Parties differ as to their understandings of Property Owner's obligations under the October 2007 agreement, and specifically Part VII thereof, with regard to return to Residents of in lieu capital improvement costs monies collected but not utilized for capital improvements, and by this Agreement wish to resolve this issue. 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. "Adjusted monthly rent" is the monthly rent less: (a)the amortized capital improvement costs, if any, (as provided in section 6.60.100 of the Pleasanton Municipal Code (Capital Improvement Costs)) and (b) increased property taxes, if any (as provided in Article IVA and D). B. C. "City Manager" means the City Manager of the City of Pleasanton or the City Manager's designee. D. "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 should be discontinued by the Bureau of Labor Statistics, then another index shall be selected by the parties for inclusion in computing the appropriate cost of living adjustments. E. "Housing services" means those services provided and associated with the use or occupancy of a mobilehome space, including, but not limited to, repairs, insurance, maintenance, replacement, painting, light, heat, water, laundry facilities and privileges, refuse removal, parking, recreation facilities, security service and any other benefits, privileges or facilities provided at the time this Agreement is entered into. Agreement Providing for Stabilization of Mobilehome Space Rents October 1,2013 2