By Lynn Williams

Some background

On the 14th day of March, 2013, the developer of Trail Ridge Estates Subdivision and the Toquerville City entered into a development agreement for the Trail Ridge Estates project. A development agreement basically states what each party will do to develop the end objective.

Why bother with an Agreement?

Since that agreement was signed, several covenants made by the developer have been modified or completely ignored. A few of the problem areas include open spaces, trail development and open roadways.

There has been very little to no trail development and what trails do exist are blocked off. Open spaces that exist according to the master plan have also been blocked off.

Ignored Agreement in Writing

Here is a section of the agreement on roadways:

This is a screenshot of the Amended and Restated Development Agreement for the Trail Estates Subdivision Project

The roadways on both the North and South ends of the project are now blocked with locked gates. I’m not sure how “…shall remain open at all times and shall not be blocked, gated, barricaded, or otherwise inhibited…” can be misread.

How did we get here?

Toquerville City has ignored and allowed, without any resistance, these infractions from the beginning. The city has made excuses, passed the buck, and ignored the agreement. It has become so egregious that the city appears to defend the developers in public meetings.

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I have personally talked to the City Council, the Mayor, and the City Manager many times on this situation. They say they are working on it, going to check on it, or pretend to refer the issue to some higher authority. Nothing ever changes.

So much for Development Agreements

The bottom line is that the city has done nothing and does not plan to do anything. I've been told, off the record, that the city does not have the money to challenge the developer in court. This sends the message that if one has a lawyer and some money, you can do whatever you want which is a poor system.

All you have to do is con the city council into allowing your project to come to fruition by making hollow and disingenuous agreements which you can safely ignore once the ink is dried.

What good is a development agreement if it is not followed? What does this say for any development agreements the city is currently considering? Do residents have any guarantee of the promises that are made?

Trail Ridge roadways—Locked open Gates