HomeMy WebLinkAboutC2008-039 - 2/21/2008 - NAAMENDMENT No. 1
LEASEHOLD TERMINATION AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
The City of Carpus Christi, Texas "City" and Semtech Corpus Christi Corporation
"Semtech" agree to amendment of the Leasehold Termination Agreement executed
December 5, 2007 as follows:
Section 1. (B) Subsections (1), {2) and (5) are amended to read:
(B) Proper completion of the Project includes the following:
(1) Demolition and disposal of all buildings, structures, materials, fixtures,
equipment, pavement, underground pipeslutilities, and underground
tanks located at the Property.
(2) Excavation of all improvements set forth in Section 1, (B), (1) must be
as follows:
• Buildings and structures will be excavated to one foot (1-ft) below the
depth of the building or structure foundation beam or slab with any
piers excavated to one foot (1-ft) depth below the beam;
• Piers for light posts will be demolished and excavated to a depth of
one foot {1-ft) below grade;
• Pavement will be excavated one foot (1-ft) of depth below asphalt;
and
• Underground pipeslutilities and underground tanks will be excavated
to one foot (1-ft) of depth below the pipeslutilities and #anks.
• All excavated areas will be tested by a licensed environmental
testing laboratory to demonstrate that such areas do not contain
contaminates above state action levels.
All excavations must be backfilled with select fill materials approved by
the City Manager, or his designee. The fill materials must be laid in
layers not to exceed six (6) inches. Each layer must be compacted to
95% of standard proctor density, in accordance with the American
Society for Testing Materials (ASTM} standards set out 'tn ASTM D698,
or its current equivalent. Each layer must be tested for compliance with
ASTM D698 and certified as such by an independent engineering
materials inspection and testing laboratory. All environmental,
inspection and laboratory reports will be delivered to the City Manager,
or his designee.
(5) Remediation by removal of soils containing total petroleum
hydrocarbons (TPH} or other contaminants above state action level will
2008-039
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Semtech Corpus Christi Carp.
be achieved in accordance with all federal and state laws and
regulations.
All other terms and conditions of the December 5, 2007 Lease Termination Agreement,
as amended, between the City and Semtech will remain in effect.
CITY OF CORPUS CHRISTI SEMTECH CORPUS CHRISTI CORP.
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Geo g .Noe Da a To erman Date
ATTEST: Authorized RepresentativelTreasurer
Finance Legal
Ni J ~~-
Armando Chapa Date
City Secretary
APPROVED AS TO FORM:
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Assistan City Attor/ney Date
~b z~~ r(a$ ACKNOWLEDGEMENT
STATE OF CALIFORNIA§
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF VENTURA §
This instrument was aclcnowled ed before me on the ~ ~~ day of
2008, by~ as the ~i~.~
Semtech Corporation, on behalf of the corporation.
~~ Ros~- NOTAR B I ,State of California
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Noun PubNc - Ga~arr~a
v~a,qura county
My comm. Exptrea ~ ~, ~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Caliif1ornia
County of If
On - ~ v ~ before me, ~'~, r ~ ~CfL
Date ~~ ,,~~ ,~: ~~~~
personally appeared _r ~~~' l t~
who proved to me on the basis of satisfactory evidence to
be the persor~'whose names is/afe subscribed to the
within instrument and acknowledged to me that
he/sfael~ey~executed the same in hi~uthorized
capacity(ies~, and that by his/I~Ctkaeir signature(s~ on the
instrument the person, or the entity upon behalf of
which the persor~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
~~ RO6~ of the State of California that the foregoing paragraph is
~R~t 17006 true and correct.
~aMbt?Uo _~
~IgrCurrni. F~tr~~ z, WITNESS my hand and official seal.
Signatur
Place Notary Seal Above ignature of Notary Puhtic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Title or Type of Document: ~~ f`~ • 1 ~•~~ ~ ~ ~
Document Date: ~ ~ ~~ ~ ~ Number of Pages:
Signer(s) Other Than Named Above: I~ y !'~
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Signer's Name ~ rx 0' ~~1~~,~ ~~--1 ~~-
^ Individual
Corporate Officer - Title(s~
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
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^ Corpor Officer -Title(s):
^ Partner - ited ^ General
^ Attorney in Fact
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Signer Is Representing:
~i2007 National Notary Association •9350 De SoTO Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item N5907 Reorder: Call TWI-Free 1-900-876-6827