City Council:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MOUNT VERNON AUTHORIZING
THE THIRD AMENDMENT TO THE LAND
DISPOSITION AGREEMENT REGARDING
20 S. 2ND SQUARE CMV, LLC
WHEREAS, the City of Mount Vernon (“City”) and 20 S. 2nd Square CMV, LLC (“Purchaser”) entered into a Land Disposition Agreement, dated July 2, 2021, as amended by the First Amendment, dated July 12, 2023, and the Second Amendment, dated June 17, 2025 (“Agreement”), in connection with a certain parcel of real property owned by the City with an address of 20 South Second Avenue, Mount Vernon, New York (“Property”); and
WHEREAS, under the Agreement, the Purchaser would purchase the Property for the development of approximately 340,0000 square feet of mixed residential development and other amenities, including, approximately 320 mixed-income residential apartments, and up to 18,000 square feet of non-residential community space (“Development Project”); and
WHEREAS, to facilitate the Development Project, Purchaser submitted a Zoning Petition to the City on December 3, 2021, seeking to establish a new Downtown Transit Oriented Arts District (“DTOAD”), and amend the Zoning Map to apply that designation to approximately forty-one (41) tax parcels between East 1st and East 2nd Street and between South 1st and South 3rd Avenue, including the Property (“Zoning Petition,” together with the Development Project, the “Proposed Action”); and
WHEREAS, the City Council, as Lead Agency, conducted a coordinated environmental review of the Proposed Action pursuant to the New York State Environmental Quality Review Act and its implementing regulations (collectively, “SEQRA”); and
WHEREAS, as modified during the SEQRA process, the Development Project currently consists of approximately 307,932 s.f. of mixed residential development and other amenities in two, 12-story buildings, including 272 mixed-income residential apartments, approximately 15,630 s.f. of community facility space (including outdoor courtyard space for the arts), and 109 parking spaces
WHEREAS, on March 12, 2025, the City Council completed its SEQRA review by adopting a written statement of environmental findings pursuant to 6 N.Y.C.R.R. Section 617.11(c), finding that the Proposed Action avoids or minimizes environmental impacts to the maximum extent practicable; and
WHEREAS, on March 26, 2025, the City Council adopted an Ordinance amending the Zoning Ordinance and Zoning Map to establish a new DTOAD and apply it to the area of land referenced above; and
WHEREAS, Purchaser will process a site plan application before the City of Mount Vernon Planning Board for the Development Project, and is currently before the Mount Vernon Industrial Development Agency; and
WHEREAS, the City and Purchaser are desirous of further amending the Agreement to extend the time by which the Conditions Precedent set forth in Article V are required to be satisfied or waived; and
WHEREAS, a form of the Third Amendment to the Agreement embodying such amendment has been presented to the members of the City Council for their consideration; and NOW, THEREFORE, BE IT
RESOLVED, that the City Council of Mount Vernon approves the Third Amendment to the Agreement; and BE IT FURTHER
RESOLVED, the City Council authorizes the Mayor of the City of Mount Vernon to enter the Third Amendment; and BE IT FURTHER
RESOLVED, the Mayor is authorized to do all things necessary, convenient or appropriate for the accomplishment of the purposes of this Resolution; and BE IT FURTHER
RESOLVED, that Purchaser shall, on or before July 1, 2026, submit to the City Council a target approvals and construction schedule for the Project, and thereafter submit written progress reports to the Council on or before September 15, 2026, January 15, 2027, and April 15, 2027, as well as with any further LDA extension requests; and BE IT FURTHER
RESOLVED, the City Council determines that the Third Amendment for a previously approved Agreement is a Type II Action pursuant to SEQRA, involving “continuing agency administration,” which does not involve “new programs or major reordering of priorities that may affect the environment” (6 N.Y.C.R.R. §617.5(c)(26)) and therefore no findings or determination of significance are required under SEQRA; and BE IT FURTHER
RESOLVED, that this Resolution shall take effect immediately
.THIRD AMENDMENT TO LAND
DISPOSITION AGREEMENT
This Third Amendment to Land Disposition Agreement, which amendment is dated June __, 2026 (“Third 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 that certain Second Amendment to Land Disposition Agreement, dated June 17, 2025; 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 in order 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 Third 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 seventy-two (72) months from the date of this Agreement . . .”
III. Miscellaneous.
1. Except as modified by this Third 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 Third Amendment may be executed in counterparts, and an emailed copy of this Third 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 2026, 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 on the basis of 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 2026, 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 on the basis of 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