HomeMy WebLinkAbout02-05-2026 Amendment No. 1 to Amended and Restated Exclusive Negotiating AgreementAMENDMENT NO. 1
TO AMENDED AND RESTRATED EXCLUSIVE NEGOTIATING AGREEMENT
THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED EXCLUSIVE NEGOTIATING
AGREEMENT is made and entered in the City of San Luis Obispo on ___________________by
and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to
as City, and Smart Share Housing Solutions, a non-profit corporation, hereinafter referred to as
Smart Share.
RECITALS
WHEREAS, on September 21, 2021, the City Council approved an Exclusive Negotiating
Agreement (“ENA”) for Rosa Butron de Canet Adobe (the “Adobe”) with both Smart Share
Housing Solutions and the Peace Project following prior direction to issue a Request for
Information seeking community partners to work the City towards rehabilitation and adaptive
reuse of the Adobe in March 2020; and
WHEREAS, on February 6, 2024, the City Council approved an Amended and Restated
Exclusive Negotiating Agreement with Smart Share Housing Solutions, only, after the Peace
Project withdrew from the project; and
WHEREAS, Smart Share has responsibly and diligently completed tasks pursuant to the
approved Amended ENA during its two-year term, including planning, architecture, site design,
environmental review, and project entitlements, as well as significant fundraising efforts; and
WHEREAS, on March 3, 2025, the City Council reviewed and voted to deny an appeal of the
Planning Commission’s decision to approve the project, including planning entitlements and the
Initial Study / Mitigated Negative Declaration pursuant to the California Environmental Quality
Act; and
WHEREAS, on January 6, 2026, Smart Share issued a letter to the City Council requesting an
additional one-year extension of the term of the Amended ENA citing the long duration of the
planning and entitlement process associated with the project, while also noting that
approximately 40% of necessary funds to complete the project have been secured and that Smart
Share desires to move forward with the project as soon as possible.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. The Amended ENA is hereby further amended to extend the term until February 16, 2027
to allow Smart Share additional time to complete the remaining tasks set forth in the
Amended ENA and paragraph 5(b)(ii) shall be further amended to state that “… prior to
commencement of lease negotiations, demonstrate to the City Finance Director’s
reasonable satisfaction that Smart Share has available at least 40% of all the funds
necessary to design and construct the project…”
2. All other terms and conditions of the Amended ENA shall remain in full force and effect.
Docusign Envelope ID: 0A13BA55-81E4-45F1-A859-96853A7EFB65
2/5/2026 | 9:09 AM PST
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
day and year first written above.
CITY OF SAN LUIS OBISPO
By: ____________________________________
Mayor
By:_____________________________________
City Attorney
By:_____________________________________
City Clerk
SMART SHARE HOUSING SOLUTIONS, INC.
By: _____________________________________
President
Docusign Envelope ID: 0A13BA55-81E4-45F1-A859-96853A7EFB65