CITY OF SAN MATEO
RESOLUTION NO. ____ (2025)
APPROVING AMENDMENT NO. 3 TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT FOR THE
DOWNTOWN SAN MATEO AFFORDABLE HOUSING PROJECT
WHEREAS, the City owns or controls certain property located at 4th and Railroad Avenue, as more particularly described in Exhibit A of Attachment 1 to this Resolution as the “Site,” or the “Property”; and WHEREAS, on January 7, 2021, the City issued a Notice of Availability of Surplus Land to solicit proposals to develop on the Site an affordable housing development consistent with the California Surplus Lands Act (California Government Code Sections 54220-54234); and
WHEREAS, DTSM Housing LLC (“Developer”) submitted a proposal to develop on the Site, and on adjacent land owned or leased by the Developer, a mixed-use development project, including below market-rate housing, and Developer was subsequently selected as the developer of the Site (“Developer”); and WHEREAS, on October 14, 2021, the City and Developer entered into an Exclusive Negotiating Rights Agreement (“ENA”); and
WHEREAS, the City and Developer amended that certain ENA dated October 14, 2021 through Amendment No. 1 on October 9, 2024, to extend the term of the Negotiating Period through April 14, 2025; and WHEREAS, the City and Developer amended that certain ENA dated October 14, 2021 through Amendment No. 2 on March 17, 2025, to extend the term of the Negotiating Period through October 14, 2025; and
WHEREAS, the City and Developer further wish to amend that certain ENA dated October 14, 2021 through Amendment No. 3 to extend the term through April 14, 2026, with an option for the City Manager, at their discretion, to extend the ENA for an additional three months, set to expire no later than July 14, 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. Amendment No. 3 to the ENA to extend the term through April 14, 2026, with an option for the City Manager, at their discretion, to further extend the ENA for an additional three months, for an expiration date no later than July 14, 2026, is approved.
2. The City Manager is authorized to execute Amendment No. 3 to the ENA in substantially the form presented.