White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA SPECIAL MEETING December 19, 2024 6:30 PM ORDINANCE: 1. Communication from the Corporation Counsel requesting authorization to execute documents related to the release of a lot subject to purchase by the New York Power Authority from the payment in lieu of taxes mortgage for the development of a project known as Hamilton Green. F/S 2. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to execute a partial release of mortgage premises, first amendment to payment in lieu of taxes agreement and first amendment to PILOT mortgage among the County of Westchester Industrial Development Agency, and S-WD/WP LLC and the City of White Plains with respect to 220 Hamilton Avenue and 20 Barker Avenue. ADOPTED 7-0 PRESENTATION: 3. The Hindu Temple of Tri-state on property known as 390 North Street, White Plains, NY.  A Special Meeting of the Common Council held Monday, December 19, 2024, called for six thirty o’clock in the Common Council Chamber Mayor Roach presiding and the following members present:, Mr. Brasch, Mr. Frei-Pearson, Mr. Martin, Mr Payne, Mrs. Puja and Ms. Presser. Communication from the Corporation Counsel.  "THE BIRTHPLACE OF THE STATE OF NEW YORK '' LAW DEPARTMENT J OHN G. CA LLAHAN t: 914.422.1241 CORPORATION COUNSEL f: 9 14.422.1231 TO THE MAYOR AND MEMBERS OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS: On December 2, 2024, the Common Council of the City of White Plains ("the Common Council") approved a fourth amended site plan for the Hamilton Green development. Previously, the Common Council approved PILOT agreements and mortgages for Phase 1 and 2 of the Hamilton Green development. As part of the most recent amended site plan of the Hamilton Green development, a residential tower was removed from the approved site plan and an office tower for use by the New York Power Authority ("NYPA") was approved. Development of an office building for NYPA is not a use that the County of Westchester Industrial Development Agency ("CWIDA") is authorized to include in a proposed development. For that reason, S-WD/WP LLC, the owner of Hamilton Green Phase 2, ("the Owner") applied for a commercial condominium, which condominium plan was issued a No Action letter by the Attorney General and filed in the Westchester County Clerk's office. Upon the creation of the commercial condominium, the Assessor divided Section 125.67, Block 5, Lot 1..2, the lot on which Hamilton Green Phase 2 was to be built into three separate lots, as follows: Section 125.67, Block 5, Lot 1..21 ("Lot 1..21") primarily consisting of the 220 Hamilton Avenue site to be developed for NYPA; Section 125.67, Block 5, Lot 1..22 ("Lot 1..22") primarily consisting of 20 Barker Avenue, the remaining residential tower in Hamilton Green Phase 2; and Section 125.67, Block 5, Lot 1..23 ("Lot 1..23") primarily consisting of the parking structure for both buildings. The creation of Lot 1..21 allows for said lot to be removed from the CWIDA induced development. As a result, on December 18, 2024 the CWIDA authorized the amendment of all of the development documents to exclude Lot 1..21 from the CWIDA induced development. In order to facilitate the removal of Lot 1..21 from the induced project, the City is required to execute a Partial Release of Mortgage Premises, a First Amendment to Payment in Lieu of Taxes Agreement and a First Amendment to PILOT mortgage with the Owner and the CWIDA. The Owner has agreed that payment under the existing agreement will presently continue to be made and the mortgage will remain on Lot 1..22 and Lot 1..23.  Submitted for your consideration is an ordinance which authorizes the Mayor, or his designee, to execute the aforementioned documents. Dated December 18; 2024 enc. Letter, dated December 18, 2024 from Janet Giris of DelBello Donnellan Weingarten Wise & Wiederkehr, LLP 255 MAIN STREET, WHITE PLA1NS. NY 10601 www. c i t y o f w h i t e p l a i n s . c o m Mr. Martin moved that it/they be filed and spread in full upon the minutes. Ms. Puja seconded the motion. Carried. The Mayor granted the pleasure of the floor to Mark Weingarten who represents Hamilton Green, property located at 200 Hamilton Avenue. Mr. Martin asked unanimous consent to offer an ordinance entitled, “Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to execute a partial release of mortgage premises, first amendment to payment in lieu of taxes agreement and first amendment to PILOT mortgage among the County of Westchester Industrial Development Agency, and S-WD/WP LLC and the City of White Plains with respect to 220 Hamilton Avenue and 20 Barker Avenue." Mr. Martin asked unanimous consent to offer an ordinance entitled, "Ordinance of the City of White Plains authorizing the Mayor or his designee, to execute a partial release of mortgage premises, first amendment to payment in lieu of taxes agreement and first amendment to PILOT mortgage among the County of Westchester Industrial Development Agency, and S- WD/WP LLC and the City of White Plains with respect to 220 Hamilton Avenue and 20 Barker Avenue  AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WHITE PLAINS AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO EXECUTE A PARTIAL RELEASE OF MORTGAGE PREMISES, FIRST AMENDMENT TO PAYMENT IN LIEU OF TAXES AGREEMENT AND FIRST AMENDMENT TO PILOT MORTGAGE AMONG THE COUNTY OF WESTCHESTER INDUSTRIAL DEVELOPMENT AGENCY, AND S-WD/WP LLC AND THE CITY OF WHITE PLAINS WITH RESPECT TO 220 HAMILTON AVENUE AND 20 BARKER AVENUE. WHEREAS, the Common Council of the City of White Plains (“the Common Council”) approved site plans for Hamilton Green Phase 1 and 2 on April 6, 2020, as well as amended site plans on October 4, 2021, December 5, 2022, August 7, 2023 and most recently on December 2, 2024; and WHEREAS, the Common Council approved a PILOT mortgage and agreement with the County of Westchester Industrial Development Agency (“CWIDA”) and S-WD/WP LLC, the owner/developer (“the Owner”) of Hamilton/Green Phase 2 (220 Hamilton Avenue and 20 Barker Avenue – Section 125.67, Block 5, Lot 1..2) on October 3, 2022. Said Mortgage dated August 1, 2022, was recorded on January 6, 2023 in the Westchester County Clerk’s Office (“the PILOT Mortgage”); and WHEREAS, in connection with the most recent amendment, the Owner applied for a commercial condominium, to separate Section 125.67, Block 5, Lot 1..2 into three lots, to the New York State Attorney General’s Office, which issued a No Action letter on December 16, 2024; and WHEREAS, upon receipt of said No Action letter, the Assessor of the City of White Plains assigned the following lot numbers to the three separate lots being created as follows: Section 125.67, Block 5, Lot 1..21 representing primarily the property located at 220 Hamilton Avenue; Section 125.67, Block 5, Lot 1..22 representing primarily 20 Barker Avenue and Section 125.67, Block 5, Lot 1..23 representing primarily the parking for both buildings; and WHEREAS, the Owner, by letter dated December 18, 2024 from Janet J. Giris of DelBello Donnellan Weingarten, Wise and Wiederkehr, LLP, has requested that since the new condominium was created to allow for the sale of 220 Hamilton Avenue to the New York State Power Authority (“NYPA”) and is consistent with the most recent amended site plan approval including the development of that parcel for that purpose, and the PILOT mortgage and agreement remain primarily the same except for removing Section 125.67, Block 5, Lot 1..21 from the property subject to the PILOT mortgage and the PILOT agreement payment schedule remains the same except that it will be secured only by Section 125.67, Block 5, Lots 1..22 and 1..23, since the NYPA parcel use is not within the development purposes of the CWIDA; and WHEREAS, on December 18, 2024, the CWIDA approved the revised transaction removing the NYPA building, Section 125.67, Block 5, Lot 1..21, from the authorized CWIDA project; and WHEREAS, the City will presently be receiving the same PILOT payments from the remaining two parcels, therefore, authorizing the execution of the documents will be consistent with the approved PILOT agreement and mortgage as well as the most recent amended site plan approval; and NOW, THEREFORE, the Common Council of The City of White Plains hereby ordains and enacts as follows: Section 1. The Mayor, or his designee, is hereby authorized to execute an appropriate First Amendment to PILOT agreement and Partial Release of Mortgage Premises, a First Amendment to Payment in Lieu of Taxes agreement and a First Amendment to PILOT Mortgage among the City, the CWIDA and the Owner in order to allow the release of Section 125.67, Block 5, Lot 1..21 from the existing PILOT Mortgage. Said agreement shall be in a form approved by the Corporation Counsel. §2. This ordinance shall take effect immediately.  Mrs. Puja seconded the motion. Adopted by the following roll call vote: Mr. Brasch, Mr. Frei-Pearson, Mr. Martin, Mr. Payne, Ms. Presser, Mrs. Puja and Mr. Mayor. The Mayor granted the pleasure of the floor to William Null who represents Hindu Temple of Tri-State, property located at 390 North Street. Architect, Reema Pandey and Jigar Parikh, President of Hindu Temple of Tri-state also spoke.  On motion of Council President, seconded, and duly carried, the Common Council adjourned the meeting. ____________________ Jill Iannetta City Clerk