RESOLUTION NO. 2026-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
APPROVING AN EXTENSION TO THE EXCLUSIVE NEGOTIATING
AGREEMENT WITH CITY VENTURES HOMEBUILDING, LLC, FOR THE
SALE AND DEVELOPMENT OF A PORTION OF THE GATEWAY
PROPERTY (CALTRANS SITE)
WHEREAS, the Gateway Property is an approximate 36-acre parcel bounded by Osprey Drive, Alvarado-Niles Road, the Fremont city limits, and Old Alameda Creek, originally acquired by Caltrans to construct State Route 84; and WHEREAS, the City Council adopted Resolution 5526-19, which authorized the acquisition of the Gateway Property from Caltrans; and
WHEREAS, a Purchase and Sale Agreement with Caltrans to purchase the property was executed on August 16, 2019, and the California Transportation Commission authorized conveyance of the Caltrans property to the City of Union City at its June 24, 2021, meeting; and
WHEREAS, the City Council adopted Resolution 5682-20, which declared the Gateway Property as surplus land and authorized staff to issue a Notice of Availability to solicit Statements of Interest in developing a housing project on the Gateway Property as required by the Surplus Land Act, pursuant to California Government Code Section 54220 et seq.; and
WHEREAS, City staff sent the Notice of Availability of the Gateway Property to all entities registered with the California Department of Housing and Community Development expressing interest in receiving notices of the surplus land availability, as well as all other entities required by law, on June 28, 2021, and provided interested parties 60 days to submit a Notice of Interest; and
WHEREAS, the Surplus Land Act requires that the developers submitting statements of interest for the Gateway Property provide a minimum of 25 percent of the residential units developed as affordable housing; and
WHEREAS, City Ventures Homebuilding, LLC was the only entity that timely submitted a statement of interest to the City for the Gateway Property and has offered to purchase the Gateway Property for $90 million, which is greater than its current appraised value; and
WHEREAS, City Council adopted Resolution 5874-21 approving an Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC. for the sale and development of a portion of the Gateway Property on December 14, 2021; and WHEREAS, City Ventures Homebuilding, LLC, and the City entered into the 24- month Exclusive Negotiating Agreement, during which time it was anticipated that City Ventures Homebuilding, LLC would seek entitlements and complete necessary environmental review for the development project, and the parties would negotiate and Resolution No. 2026-XXX
Extension of City Ventures Exclusive Negotiating Agreement
prepare a Disposition and Development Agreement that would define the business terms for the sale of the property; and
WHEREAS, the Term of the Agreement was established as twenty-four (24) months, terminating on December 15, 2023, with the possibility of extending the Term by an additional one hundred eighty (180) days by written mutual agreement of the Parties; and
WHEREAS, the Exclusive Negotiating Agreement granted the City Manager the authority to extend the term if sufficient progress was being made in negotiations and to allow the processing of necessary entitlements; and
WHEREAS, the parties extended the Term by one hundred eighty (180) days to terminate on June 12, 2024; and
WHEREAS, the parties extended the Term by one hundred eighty (180) days to terminate on December 9, 2024; and
WHEREAS, the parties extended the Term by one hundred eighty (180) days to terminate on June 7, 2025; and
WHEREAS, the parties extended the Term by three hundred sixty-five (365) days to terminate on June 7, 2026; and
WHEREAS, City staff and City Ventures Homebuilding, LLC have been negotiating in good faith and have made sufficient progress toward execution of a mutually acceptable binding agreement for the sale of the property, given the totality of the circumstances, to justify an extension of the Term; and WHEREAS, City staff and City Ventures Homebuilding, LLC desire to extend the Term of the Exclusive Negotiating Agreement by an additional three hundred sixty-five (365) days.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City approves an extension of the Exclusive Negotiating Agreement with City Ventures Homebuilding, LLC for the sale and development of a portion of the Gateway Property, for three hundred sixty-five (365) days, in substantive form attached hereto and incorporated herein by reference; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City authorizes the City Manager to execute an amendment to the Exclusive Negotiating Agreement, in a form approved by the City Attorney, to effectuate this extension. (If necessary)
Resolution No. 2026-XXX
Extension of City Ventures Exclusive Negotiating Agreement
Resolution No. 2026-XXX
Extension of City Ventures Exclusive Negotiating Agreement
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on this April 28, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments
1. Exhibit A – Sixth Amendment to Exclusive Negotiating Rights Agreement