City Council:
SECOND AMENDMENT TO
LAND DISPOSITION AGREEMENT
This Second Amendment to Land Disposition Agreement, which amendment is dated May __, 2025 (“Second Amendment”), amends that certain Land Disposition Agreement, dated July 2, 2021, as amended (“Agreement”), by and between the CITY OF MOUNT VERNON, a New York municipal corporation with offices at City Hall, 1 Roosevelt Square N, Mount Vernon, New York, 10550 (“City”), and 20 S. 2ND SQUARE CMV, LLC, a New York limited liability company with an office at 21 Lorraine Terrace, #141, Mount Vernon, New York 10553 (“Purchaser,” together with the City, the “Parties”).
RECITALS:
WHEREAS, the Parties previously entered into the Agreement, as amended by that certain First Amendment to Land Disposition Agreement, dated July 12, 2023; and
WHEREAS, the Parties are desirous of further amending the Agreement to extend the time by which the Conditions Precedent are required to be satisfied or waived pursuant to Article V of the Agreement; and
WHEREAS, the Parties agree that an extension of the Agreement is necessary and desirable to facilitate the Project that is the subject of the Agreement.
NOW, THEREFORE, the City and Purchaser agree, as follows:
I. Defined Terms. Unless stated specifically herein to the contrary, all undefined capitalized words in this Second Amendment shall have the meanings provided in the Agreement.
II. Amendment to the Agreement.
1. The last sentence of Section 5.1(f) shall be amended so that it shall begin with the words: “In the event that these Conditions Precedent set forth above are not satisfied or waived by the date which is sixty (60) months from the date of this Agreement . . .”
II. Miscellaneous.
1. Except as modified by this Second Amendment, there are no other amendments or modifications to the Agreement, and all unchanged terms and conditions set forth in the Agreement are in full force and effect and shall continue to be binding upon the Parties.
2. This Second Amendment may be executed in counterparts, and an emailed copy of this Second Amendment, as executed, and electronic signatures shall have the same force and effect as the original.
[Remainder of Page Intentionally Left Blank; Signature Page Follows]
IN WITNESS WHEREOF, the City and the Purchaser have executed this Second Amendment as of the date first above written.
CITY OF MOUNT VERNON
By:
Name: Hon. Shawyn Patterson-Howard
Title: Mayor
PURCHASER, 20 S 2nd SQUARE CMV, LLC
By:
Name: Diana Kaye Williams
Title: Manager, CEO, and President
APPROVED AS TO FORM:
By:
Name: Brian Johnson
Title: Corporation Counsel
STATE OF NEW YORK )
COUNTY OF WESTCHESTER ) ss.:
On the ____ day of _______, in the year 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared Hon. Shawyn Patterson-Howard, personally known to me or proved to me based on satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF WESTCHESTER ) ss.:
On the ____ day of __________, in the year 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared Diana Kaye Williams, personally known to me or proved to me based on satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public