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2007-1703-Order No. 2007-173 Recorded 12/21/2007i REVIEWED NANCY UBLANKENSHIP,FCOUNTY CLERK OS yJ 2007.1703 COMMISSIONERS' JOURNAL 12/21/2007 02;44;50 PM LEGAL COUNSEL IIIIIIII IIIIIIIIIIIIIIII I III III 2007-3703 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Calling Up Review of Cascade Highlands Development Agreement * ORDER NO. 2007-173 Extension Application * (Corrected number from 2007-629) WHEREAS, in 2000, several parties entered into development agreements regarding the transportation impacts of the development along the western boundary of the City of Bend; and WHEREAS, one of those development agreements ("Agreement") was between Cascade Highlands Limited Partnership ("Cascade Highlands"), the City of Bend ("Bend") and Deschutes County ("County") regarding the development now known as the Tetherow destination resort; and WHEREAS, the Agreement expired October 18, 2007 but not all of tasks required under the Agreement has been completed; and WHEREAS, on October 29, 2007, Cascade Highlands filed an application with the Deschutes County Community Development Department ("CDD") requesting an extension of the Agreement on the same terms as the original with the exception of an extended expiration date, CDD File No. MC-07-8; and WHEREAS, because the Agreement has expired, a new agreement must be entered into by the parties in order to complete all tasks in the Agreement; and WHEREAS, per ORS 94.508(2), development agreements are land use decisions; and WHEREAS, Deschutes County Code ("DCC") 22.24.020(B) and 22.28.050(B) allows the Board of County Commissioners ("Board") to call up for review such applications; and WHEREAS, time is of the essence justifying direct review of the application by the Board; and WHEREAS, CDD staff sent and published notice of the hearing on the Agreement for December 17, 2007; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. The Board calls up for review the extension of the Development Agreement in Deschutes County Community Development Department File No. MC-07-8. PAGE 1 of 2- ORDER No. 2007-173 (12/17/07) Section 2. This Agreement shall be heard by the Board immediately upon approval of this order. DATED this o day of 2007. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: 67"'V~ ~ Recording Secretary PAGE 2 of 2- ORDER No. 2007-173 (12/17/07) 000, -.5 '0" /a M L M. DAL , it