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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 a212iros 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. ~ r ~ ~ 1 v~ ~L. 21 I g~D~ Geo g .Noe Da a To erman Date ATTEST: Authorized RepresentativelTreasurer Finance Legal Ni J ~~- Armando Chapa Date City Secretary APPROVED AS TO FORM: ~~/~ ~ 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 corn~on ~ t se70o6 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 tttt __ ~ Title or Type of Document: ~~ f`~ • 1 ~•~~ ~ ~ ~ Document Date: ~ ~ ~~ ~ ~ Number of Pages: Signer(s) Other Than Named Above: I~ y !'~ Capacity(ies) Cla{i~m~yed by Signer(s) Signer's Name ~ rx 0' ~~1~~,~ ~~--1 ~~- ^ Individual Corporate Officer - Title(s~ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Top of thumb here ~~ Fem., --~ti. ~~~~~: _~:. --~: ^ Corpor Officer -Title(s): ^ Partner - ited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: 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