RESOLUTION
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP NORMAN, MINORITY LEADER BREEN, COUNCILMEMBERS 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 81 ELLIOTT AVENUE.
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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, 81 Elliot Avenue Housing Development Fund Company, Inc., or its successor or assigns (the “Developer”), proposes to construct a project consisting of the reconstruction of a nine unit affordable cooperative building 9 affordable rental housing units and related amenities at 81 Elliott, Yonkers, New York and designated on the Official Tax Map of the City of Yonkers as Section 1, Block 159, Lot 19 (the “Project”); and
WHEREAS, this project is exempt from review under SEQRA pursuant to amendments to Environmental Conservation Law, Section 8-0111, 5-a(b)(ii); and
WHEREAS, the Zoning Board of Appeals approved an extension of time to reconstruct the dimensionally non-conforming unit following a fire by resolution dated June 21, 2023, which was further extended in November 2025, and the Planning Board of the City of Yonkers approved the Project by Resolution dated July 8, 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 utility connections, sidewalks, curbing, landscaping, storm water retention, construction management and 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 of Westchester anticipates that the County Board of Legislators will authorize the HIF program assistance for the Project and entry into the IMDA on or about September 14, 2026; 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 SEVEN HUNDRED SIXTY TWO THOUSAND FIVE HUNDRED DOLLARS ($762,500.00) 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 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.