HomeMy WebLinkAbout11168ORDINANCE NO.11168
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN OPTION TO PURCHASE
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION AND PROJECT
FALCON, AN ECONOMIC DEVELOPMENT PROSPECT, AND
RELATING TO A FUTURE JOB CREATING CAPITAL
IMPROVEMENT PROJECT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Option to Purchase Agreement ("Agreement") dated April 27, 2026, between the
City of Pueblo and Project Falcon, a copy of which is attached hereto and incorporated herein
by this reference, having been approved as to form by the City Attorney, is hereby approved.
The Mayor is authorized to execute and deliver said Agreement in the name of the City and the
City Clerk is authorized to affix the seal of the City thereto and attest same.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent
with this Ordinance and the attached Agreement which are necessary or appropriate to
implement the transactions described therein.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:.
Introduced and initial adoption of Ordinance by City Council on April 13, 2026.
Final adoption of Ordinance by City Council on April 27, 2
Vice President f Pity C
Action by the Mayor:
Approved on q-30 24
Disapproved on
based on the following objections:
Mayfr
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
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City ler
City Clerk's Office Item # S27
COUNCIL MEETING DATE: April 27, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Carla Sikes, City Attorney
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN OPTION TO PURCHASE AGREEMENT BETWEEN THE
CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND
PROJECT FALCON, AN ECONOMIC DEVELOPMENT PROSPECT,
AND RELATING TO A FUTURE JOB CREATING CAPITAL
IMPROVEMENT PROJECT
SUMMARY:
Attached is an Ordinance approving and authorizing the Mayor to sign an Option to
Purchase Agreement with Project Falcon relating to a future job creating capital
improvement project.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The City is currently in confidential negotiations with an out-of-state corporation
designated as Project Falcon, which is considering the construction of a large
manufacturing facility to be located in the St. Charles Industrial Park. Project Falcon has
asked for assurances from the City that if the Pueblo site is selected, approximately 300
acres of land will be available in the St. Charles Industrial Park for construction of the
manufacturing facility. Any contract for the ultimate purchase of the property shall be
part of an overall economic development package that includes an Employment
Agreement for primary jobs and all of which will be subject to approval by City Council.
FINANCIAL IMPLICATIONS:
The attached agreement gives Project Falcon an option to purchase approximately 300
acres of land located in the St. Charles Industrial Park for its appraised value.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
A no -action alternative may cause the prospective employer to select another site for its
manufacturing facility.
RECOMMENDATION:
Approval is recommended.
ATTACHMENTS:
Option to Purchase - Project Falcon (Final w. Ex A)
A"lT. iNDNI_ENf1OOP':ION fO FL RCIIASF REAl I \IF k iR1.E"uME"dT�..
THIS AMENDMENT TO OPTION TO PURCHASE REAL ESTATE AGREEMENT
(`-Amendment") is made this 25`h day of June 2026, between the City of Pueblo, a Colorado
municipal corporation (hereinafter referred to as "Owner"), and Project Falcon, an economic
development prospect (hereinafter referred to as the 'Purchaser"). Owner and Purchaser may be
referred to individually as " Party" or collectively as the ``Parties'.
WHEREAS Owner and Purchaser are parties to the Option to Purchase Real Estate
Agreement dated April 28, 2026 relating to property located in the St. Charles Industrial Park as
more fully described in Exhibit A to the Option to Purchase Real Estate Agreement; and
WHEREAS the parties desire to extend the Option period contained in the Option to
Purchase Real Estate Agreement by an additional twenty®eight (28) days.
NOW THEREFORE, Paragraph I of the Option to Purchase Real Estate Agreement is hereby
amended as follows:
1. Option Period: This Option shall commence on April 29, 2026 and shall remain in effect
until 11:59 PM (Mountain Daylight Time) on July 26, 2026.
A new paragraph 2.1 is hereby added to the Option to Purchase Real Estate Agreement as
follows:
Vim_ 1�ee nt t �r (i,a nv e° vacs CC"L)nt�n ;nt (brt Em l av-rncnt A reeMent, Asa condition to
Purchaser's exercise of this Option, the parties agree that the Contract to Buy and Sell the Property
shall be negotiated and executed concurrently with, and no earlier than, the execution of an
employment agreement between Purchaser and Owner. Both the Contract to Buy and Sell the
Property and the employment agreement must be approved by City Council by ordinance, Owner
shall have no obligation to convey the Property unless and until both agreements have been
approved and fully executed and delivered.
All other terms and conditions of the Option to Purchase Real Estate Agreement dated
April 28, 2026 shall remain unchanged and in full force and effect.
*** .I rV T ***
Executed as of the day and year first written above,
CITY OF PUEBLO,
F S'T a Colorado Municipal Corporation
By"
0g y Ilea her aha rm, Mayor
)VED AS TO FORM:
it v Attorney
PROJECT FALCON,
an economic development prospect
2
B)!:
Stewart G. ustin, AuthorizedAgent
2