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Att 3 - Amendment No. 1 to ENA

San Mateo City Council
March 17, 2025

Document
Att 3 - Amendment No. 1 to ENA
Meeting
March 17, 2025
Body
San Mateo City Council
Original file
398 KB
Text extracted from the city's file for reading and search. Open the original on sanmateo.primegov.com. That file is the official record.

Contract Amendment Page 1 of 2
AMENDMENT NO. 1 TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT

DOWNTOWN SAN MATEO AFFORDABLE HOUSING SITE

This Amendment is made and entered into on ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and DTSM Housing LLC, a Delaware limited liability Company ("DEVELOPER").

WHEREAS, City and Developer entered into an EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (“ENA”) for the development of a mixed use project located in downtown San Mateo.

WHEREAS, City and Developer wish to amend that certain ENA dated October 14, 2021, to extend the term of the Negotiating Period.

WHEREAS, the Section 1.3(b)(1) of the ENA allows for the extension of the Negotiating Period for up to a total of six months with the written consent of the Developer and the City Manager.

NOW, THEREFORE, the parties agree as follows:

1. The Negotiating Period and associated timelines shall be extended by six months until April 14, 2025.

2. The remaining terms of the ENA that do not conflict with this Amendment No. 1 shall remain in full force and effect.

[SIGNATURE PAGE FOLLOWS]

Docusign Envelope ID: 21D9DEB8-2F25-4E1B-93F2-3C2BF7FF8174 10/9/2024

Contract Amendment Page 2 of 2
IN WITNESS WHEREOF, CITY OF SAN MATEO and DEVELOPER have executed this Amendment No. 1 on

___________________.

CITY OF SAN MATEO

DTSM Housing, LLC,
a Delaware Limited Liability
Company

Alex Khojikian
City Manager

Date Donald Peterson
Its Authorized Agent
Vice President

Date

APPROVED AS TO FORM

ADDITIONAL CORPORATE

OFFICER

Prasanna W. Rasiah
City Attorney
Date Patrick P. Calihan
Vice President

Date

Docusign Envelope ID: 21D9DEB8-2F25-4E1B-93F2-3C2BF7FF8174 10/9/2024
10/9/202410/9/2024
10/9/2024
10/9/2024
Certificate Of Completion
Envelope Id: 21D9DEB82F254E1B93F23C2BF7FF8174
Status: Completed
Subject: Complete with Docusign: Downtown Affordable Housing Site - ENA Amendment-1 Source Envelope:

Document Pages: 2
Signatures: 4
Envelope Originator:

Certificate Pages: 6
Initials: 0
Laurie Strange
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
330 W. 20th Avenue
City Clerk's Office
San Mateo, CA 94403
[email protected]
IP Address: 76.14.0.98
Record Tracking
Status: Original
10/9/2024 9:15:59 AM
Holder: Laurie Strange
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Donald Peterson
[email protected]
Sr Vice President
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 163.116.140.164
Sent: 10/9/2024 10:30:11 AM
Viewed: 10/9/2024 10:34:00 AM
Signed: 10/9/2024 10:34:31 AM
Electronic Record and Signature Disclosure:

Accepted: 10/9/2024 10:34:00 AM
ID: 46eeb8c0-5034-447d-9b59-7a7c3d21cdab
PATRICK P. CALIHAN
[email protected]
Managing Member
Security Level: Email, Account Authentication
(None)

Signature Adoption: Drawn on Device
Using IP Address: 209.78.58.10
Sent: 10/9/2024 10:34:32 AM
Viewed: 10/9/2024 10:35:58 AM
Signed: 10/9/2024 10:37:07 AM
Electronic Record and Signature Disclosure:

Accepted: 10/9/2024 10:35:58 AM
ID: 9cdcbaf3-49b7-46cb-950e-75f17fd65cf4
Prasanna W. Rasiah
[email protected]
City Attorney
City of San Mateo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.14.0.98
Sent: 10/9/2024 10:37:09 AM
Viewed: 10/9/2024 1:39:25 PM
Signed: 10/9/2024 1:39:53 PM
Electronic Record and Signature Disclosure:

Accepted: 10/9/2024 1:39:25 PM
ID: 2f38d194-374f-47b8-bca1-fb0c72862bd7
Alex Khojikian
[email protected]
City Manager
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 76.14.0.98
Sent: 10/9/2024 1:39:54 PM
Viewed: 10/9/2024 2:42:46 PM
Signed: 10/9/2024 2:43:04 PM
Electronic Record and Signature Disclosure:

Accepted: 10/9/2024 2:42:46 PM
ID: 175e8add-8110-4efb-bdfa-5754c075cfa3

In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Kevin Choy
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/9/2024 2:43:06 PM
Viewed: 10/10/2024 11:04:07 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Manira Sandhir
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/9/2024 2:43:07 PM
Viewed: 10/11/2024 12:04:07 PM
Electronic Record and Signature Disclosure:

Accepted: 9/24/2024 12:11:39 PM
ID: 6b36067d-f5cb-44fd-a9b3-fdeef0fef7f3
Mazarin Vakharia
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/9/2024 2:43:08 PM
Electronic Record and Signature Disclosure:

Accepted: 10/8/2024 2:53:25 PM
ID: 3038d152-b4e3-413f-923b-927427466435
Erin Fellers
[email protected]
Management Analyst I
City of San Mateo
Security Level: Email, Account Authentication
(None)
Sent: 10/9/2024 2:43:09 PM
Viewed: 10/9/2024 3:05:33 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Laurie Strange
[email protected]
Executive Secretary
City of San Mateo
Security Level: Email, Account Authentication
(None)
Sent: 10/9/2024 2:43:10 PM
Resent: 10/9/2024 2:43:18 PM
Viewed: 10/10/2024 8:49:47 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
10/9/2024 10:30:12 AM
Certified Delivered
Security Checked
10/9/2024 2:42:46 PM
Signing Complete
Security Checked
10/9/2024 2:43:04 PM
Completed
Security Checked
10/9/2024 2:43:10 PM

Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure

CONSUMER DISCLOSURE
From time to time, Carahsoft OBO City of San Mateo (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document .

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures Electronic Record and Signature Disclosure created on: 6/13/2017 8:08:23 AM Parties agreed to: Donald Peterson, PATRICK P. CALIHAN, Prasanna W. Rasiah, Alex Khojikian, Manira Sandhir, Mazarin Vakharia electronically from us.

How to contact Carahsoft OBO City of San Mateo:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise Carahsoft OBO City of San Mateo of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous e-mail address, your new e-mail address.

We do not require any other information from you to change your email address..

In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system.

To request paper copies from Carahsoft OBO City of San Mateo To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO City of San Mateo To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to [email protected] and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
Operating Systems: Windows® 2000, Windows® XP, Windows
Vista®; Mac OS® X
Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0
or above (Windows and Mac); Safari™ 3.0 or
above (Mac only)
PDF Reader: Acrobat® or similar software may be required to view and print PDF files
Screen Resolution: 800 x 600 minimum
Enabled Security Settings: Allow per session cookies

** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported.

Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below.

By checking the ‘I agree’ box, I confirm that:
• I can access and read this Electronic CONSENT TO E LECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and

• I can print on paper the disclosure or save or sen d the disclosure to a place where I can print it, for future reference and access; and

• Until or unless I notify Carahsoft OBO City of San Mateo as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Carahsoft OBO City of San Mateo during the course of my relationship with you.

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