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Ivins council approves short MOU with Black Desert developer to allow limited COs while Hamlin Parkway phasing is finalized
Summary
The council voted to approve a memorandum of understanding giving the Black Desert developer a short window to resolve who will finish Hamlin Parkway and to allow imminent homeowners to receive certificates of occupancy while preserving the city's leverage and warranty bonds.
Ivins City Council on March 5 approved a memorandum of understanding with the developer of the Black Desert Resort to temporarily separate issuance of imminent certificates of occupancy from final completion of Hamlin Parkway.
Tom, Ivins staff leading the presentation, said the city’s code currently prevents issuance of any COs until required subdivision improvements — in this case the purple segment of Hamlin Parkway — are complete. He told the council the MOU would allow a brief window (to July 31) for the developer to finalize a supplemental development agreement and phasing plan so a small number of homes can obtain COs without abandoning the city’s ability to require completion. “The way that our current ordinance is written is that we cannot give any COs until all required improvements are complete,” Tom said.
Coco Head, managing counsel for Black Desert, described the change as a timing and sequencing measure rather than a change to the developer’s obligations. “Nothing in our development agreement changes,” Coco Head said. He noted the parties will use existing COG (Council of Governments) right‑of‑way funds to acquire the green segment and that the developer had already completed blasting and rough grading for part of the purple segment.
City Attorney Brian and Council members requested clarifying language in the MOU including explicit recitals, a clearer warranty bond section, and a commitment to negotiate in good faith toward a supplemental development agreement. Councilmember Brian (city attorney referred to during the meeting) suggested adding exhibits (engineering sheets and Tom’s map) and clarifying that the warranty bond amounts were separate and retained to ensure completion if obligations were unmet.
A motion to approve the MOU with the attorney’s and council’s additions passed on council motion. The council retained authority over future CO issuance and will keep the bond amounts the city holds to cover completion if the developer fails to finish the magenta (Hamlin Parkway) portion. City staff said they will return with the supplemental agreement language and the attached exhibits for final documentation.
