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18.36.145. Payback agreements for improvements

            A payback agreement entered into between Layton City and the developer who installs the improvements or facilities for water, sewer, storm sewer, roads, or parks, is authorized where the improvements installed are intended to extend, expand, or improve the City's water, sewer, storm sewer, roads, or parks, beyond the improvements required to service or benefit the subdivision or development proposed by the developer.  The payback agreement is not mandatory, but may be used at the option of the City Engineer, Public Works Director, and Community and Economic Development Director, upon approval of the payback agreement by the City Council.  The amount of the payback to the developer shall be determined by the City Engineer after considering the improvements of facilities required or benefitting developer's development, and those facilities or improvements that are specifically over sized to provide for future development.

            The City shall, in all cases, be immune and not liable for any payments to the developer if the payback agreement is determined to be unenforceable.  The payback agreement shall not confer a benefit upon any third party and shall be in a form approved by the City Attorney's office.  The responsibility for payment of the required improvements or facilities shall rest entirely with the developer.

Ord. No.97-35, Recodified, 6/19/1997

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