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Council accepts Sapp Brothers’ offer to pay for trail construction if verified, sets $200,000 minimum
Summary
Toquerville council agreed in principle to accept a payment in lieu from Sapp Brothers to build an eight-foot trail along the parkway, contingent on a city verification of the developer’s engineer estimate and a minimum payment of $200,000.
The Toquerville City Council voted Aug. 6 to accept, in principle, a payment in lieu of constructing an eight-foot trail along the parkway from Sapp Brothers, with several conditions: the developer must provide a written cost estimate prepared by a licensed engineer, the city must verify that estimate, and the council set a $200,000 minimum threshold for acceptance.
City staff said the developer — which has constructed an informal borrow ditch along the frontage road — offered to either build the trail or provide a cash payment for the city to construct the trail later. The council discussed trade-offs: building now could be wasted if future Utah Department of Transportation (UDOT) freeway improvements require the trail to be torn out and replaced, while taking payment could leave the city responsible for building the trail later when regional funding and rights-of-way align.
City Manager Ben summarized options for use of funds if the city accepted payment: the money could be applied to the city’s community trail network or to Westfield Park capital items. Staff recommended language be added to any payment agreement stating that, if the city later decides to construct the trail, Sapp Brothers will convey any land necessary to the city as shown in the construction drawings.
Council members asked whether the city engineer or council would approve the verified cost. The draft agreement allows staff to verify the engineer’s estimate; council directed that the agreement include an option to return the verified figure to council if the cost did not meet the established threshold. During debate, members acknowledged that if the cost is modest (staff discussed materiality under approximately $200,000), it may make more sense to require installation now rather than accept payment.
A motion to accept the payment-in-lieu proposal with the attorney’s recommended language (conveyance of land if needed) and with a minimum amount of $200,000 passed on roll call.
The approval directs staff to obtain a written cost estimate from the developer’s engineer, verify the estimate against current market rates and return to council if the verified cost is below the $200,000 threshold. The final executed agreement must include the conveyance language and an agreed process for verification before the city accepts funds or a conveyance.
The council and staff framed the decision as a practical compromise to allow Sapp Brothers to move forward with fronting construction plans while protecting the city’s interest in future trail continuity and land access.
