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I. DEFINITIONS A. "Adjusted Monthly Rent" is the Monthly Rent plus any: (a) Capital Improvement Costs; and(b) Pass Throughs. B. "Capital Improvement Costs" means those capital improvement costs authorized by Pleasanton Municipal Code Section 6.60.100 and Article VI of this Agreement. C. "City Manager"means the City Manager of the City of Pleasanton or the City Manager's designee. D. "Cost of Living"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. "Park"means the Hacienda Manufactured Home Community. F. "Mobilehome Ordinance"means the City of Pleasanton's mobilehome rent stabilization ordinance codified at Chapter 6.60 of the Pleasanton Municipal Code and referred to in Article II of this Agreement. G. "Monthly Rent" is the monthly space rent for each mobilehome space before adding any Capital Improvement Costs or Pass Throughs. H. "Pass Throughs"means any charges that the Property Owner imposes on Residents for governmental fees, assessments, and other charges, utilities, and incidental reasonable charges for services actually rendered pursuant to the state Mobilehome Residency Law(Civil Code, sections 798 through 799.11). For the purpose of this Agreement, governmental fees, assessments, and other charges that may be passed through include any increases in the property tax imposed on the property that are the result of any of the following that are approved or increased after the effective date of this Agreement: taxes to pay for local voter or government approved debt; property assessments and taxes; Mello-Roos taxes; and parcel taxes. I. " Property Owner" is the owner of the Hacienda Manufactured Home Community within the City of Pleasanton. J. "Resident"means any homeowner or other person who lawfully occupies a mobilehome in the Hacienda Manufactured Home Community. K. "Social Security Cost of Living Adjustment" means the annual change in the Social Security COLA published by the Federal Social Security Administration prior to October 1 of each year, which is based on the Consumer Price Index for Urban Wage and Clerical Workers(CPI-W)published by the Bureau of Labor Statistics. 021538.0001\5359154.1 2