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5. Section 13 of the Agreement shall be modified to reflect current law in Califomia goveming <br /> compensation for the franchise and should now be calculated under Califomia Public Utilities Code <br /> (CPUC) 6231.5 and in accordance with same the applicable base rate will be adjusted annually in <br /> accordance with the Consumer Price Index for the area (San Francisco - Oakland -San Jose), CA, <br /> as published by the United States Department of Labor, Office of Information, for the month of <br /> October immediately preceding the month in which payment is due and payable and divided by the <br /> Consumer Price Index for June 30, 1989 (126.2). <br /> 6. SFPP, L.P., comply with all state and federal laws and comply with the latest safety, inspection and <br /> testing methods required by such laws in a timely manner in relationship to the operation of SFPP <br /> pipeline and facilities within the City. <br /> 7. All other terms of the Agreement shall remain in full force and affect. <br /> WHEREFORE, the Parties hereto have executed this Amendment No. 1 on the day of ; , , , , 2014. <br /> CITY OF SAN LEANDRO SFPP, L. P., a Delaware limited partnership <br /> By: Kinder Morgan Operating L. P. "D ", <br /> Its general partner <br /> By: Kinder Morgan G. P., Inc. <br /> Its general partner <br /> By: Kinder Morgan Management, LLC, <br /> The delegate of Kinder Morgan G. P., Inc. <br /> Stephen L. Hollister, City Manager BY: Jeff Reynolds <br /> ITS: Manager, Land . ght of Way <br /> Attest: <br /> Marian Handa, Secretary <br /> Approved as to Form: <br /> 41.- Jayne W. Williams, City Attorney <br /> Appr• ed as to Budget Authority: <br /> 1 . 4 "i1 <br /> Tracy Vesely, Finance, 1 irector <br /> 1525413.1 <br />