RESOLUTION
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP NORMAN, MINORITY LEADER BREEN, COUNCIL MEMBERS PINEDA-ISAAC, DIAZ, AND HODGES:
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RESOLUTION APPROVING AN INTER-MUNICIPAL DEVELOPER AGREEMENT FOR HIF FUNDS IN SUPPORT OF THE PROPOSED AFFORDABLE HOUSING DEVELOPMENT AT 636 SOUTH BROADWAY
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WHEREAS, Westchester County (the “County”) established the Housing Implementation Fund (“HIF”) program to assist in the construction of municipally-owned infrastructure in support of fair and affordable housing; and
WHEREAS, 636 South Broadway Partners LLC, or its successor or assigns (the “Developer”), proposes to construct a project consisting of 160 affordable rental housing units and related amenities at 632 aka 636 South Broadway, Yonkers, New York and designated on the Official Tax Map of the City of Yonkers as Section 1, Block 29, Lot 1 (the “Project”); and
WHEREAS, the Zoning Board granted certain area variances on February 21, 2023 and also acted as the Lead Agency under the State Environmental Quality Review Act (“SEQRA”), classified the Project as a Type I action, and after undertaking coordinated review, adopted a Negative Declaration of Environmental Non-Significance for the Development on same date; and
WHEREAS, the Planning Board of the City of Yonkers (the “Planning Board”) approved the Project by Resolution dated June 14, 2023, as subsequently amended by Resolution dated June 12, 2024, extended by resolution dated May 14, 2025, and reapproved by Resolution dated May 13, 2026; and
WHEREAS, in order for the Project to be viable, infrastructure must be constructed, including, but not limited to, costs associated with the construction of 146 new parking spaces, including ramps, concrete flooring, drainage, electrical systems, fire suppression systems, signage, landscaping, waterproofing, construction management and County administrative costs (the “Infrastructure Improvements”); and
WHEREAS, the Project requires assistance from the County HIF program to subsidize the costs of the Infrastructure Improvements in order to ensure the affordability of the units; and
WHEREAS, the City of Yonkers (the “City”) desires the HIF assistance from the County for the Project and will enter into an Inter-Municipal Developer Agreement (“IMDA”) with the County and Developer; and
WHEREAS, pursuant to the IMDA, the construction of the Infrastructure Improvements shall be procured through a competitive public bid by the City pursuant to Section 103 of the New York General Municipal Law (“GML”); and
WHEREAS, pursuant to the IMDA, the County and the Developer shall be granted necessary easements for the locations upon which the Infrastructure Improvements are constructed, if required; and
WHEREAS, Article 5-G, Section 119-o of the GML authorizes municipal corporations and districts to enter into agreements for the performance of their functions, powers or duties; and
WHEREAS, City may, in its sole discretion, enter into an agreement with the Developer detailing the responsibilities of the parties related to the Infrastructure Improvements, including, but not limited to, the design, construction, and oversight of the Infrastructure Improvements; and
WHEREAS, the County Board of Legislators authorized the HIF program assistance for the Project and entry into the IMDA by Bond Act No. 204-2025 approved on October 6, 2025, having determined that no further environmental review under SEQRA was required by the County; and
NOW, THEREFORE, BE IT RESOLVED, that the City be and is hereby authorized to enter into an IMDA in an amount not to exceed FOUR MILLION AND FIFTY THOUSAND DOLLARS ($4,050,000.00) with the County and Developer and to take all necessary actions to facilitate and implement the terms of the IMDA, in substantially the same form as that which is attached; and be it further
RESOLVED, that the ZBA has already made a Negative Declaration under SEQRA and as such the City Council has determined that no further environmental review of the Project is necessary; and be it further
RESOLVED, that the Mayor or his authorized designee is hereby empowered to execute all instruments and take all actions reasonable and necessary to effectuate the purposes hereof; and be it further
RESOLVED, that the Office of the Corporation Counsel for the City of Yonkers may negotiate the terms and make such amendments to the IMDA as may be necessary and appropriate to effectuate the purposes hereof; and be it further
RESOLVED, that this resolution will take effect immediately.