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• AMENDMENT NO. 1 TO AGREEMENT GRANTING LICENSE FOR A PIPELINE ALONG, IN, UNDER, THROUGH AND OVER CERTAIN PUBLIC STREET, WAYS, ALLEYS, AND PLACES IN THE CITY OF SAN LEANDRO This First Amendment ( "Amendment No. 1 ") to that certain Agreement, dated July 1, 1968 and entered into between the City of San Leandro ( "City") and Southem Pacific Pipe Lines, which is now under the name SFPP, L. P., ( "SFPP ") a Delaware limited partnership is entered into as of Fti? (ir/ 7, 2010.' Agency and SFPP are hereinafter collectively referred to as the "Parties." RECITALS WHEREAS, the Parties executed an Agreement on July 1, 1968 with a term until July 1, 2008; and WHEREAS, the term of the agreement should now be extended until December 31, 2040; and WHEREAS, Southern Pacific Pipeline Inc., is now known as SFPP, L.P., a Delaware limited partnership also referenced as Kinder Morgan as operating partner; and WHEREAS, references made to Southem Pacific Railroad in the legal description of the pipeline location that Southem Pacific Railroad is now owned and operated by the Union Pacific Railroad; and WHEREAS, the City desires to change the Bond requirement in paragraph 15 to require licensee to provide the City of San Leandro with an insurance certificate in the amount of $1,000,000 listing the City as additional insured on an annual basis; and WHEREAS, the City desires to have language added to the Agreement to require the safe operation of the pipeline facilities in accordance with all state and federal laws and to comply with the latest safety, inspection and testing methods in a timely manner in relationship to the operation of SFPP facilities; and WHEREAS, the City desires to amend the Agreement to include new contact information, and otherwise, keep all other terms of the Agreement in full force and effect. NOW THEREFORE, in consideration of the mutual covenants of the Parties and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Southem Pacific Pipe Lines, Inc. shall henceforth be known as SFPP, L. P. 2. All of the recitals above are true, correct and made a part hereof. 3. SFPP, L.P. shall provide the City with a Certificate of Insurance in the amount of $1,000,000 listing the City as a named insured in lieu of a Bond as stated in Section 15. 4. Section 16 of the Agreement shall contain the new contact persons for the parties, as follows: i. City of San Leandro, City Manager, (presently Stephen L. Hollister). ii. SFPP, L. P., Land and Right of Way, (presently Jeff Reynolds).