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RESOLUTION NUMBER A RESOLUTION OF THE MISSOULA CITY COUNCIL GRANTING AN EXTENSION OF THE DEADLINE FOR COMPLETING THE ANNEXATION DEVELOPMENT AGREEMENT FOR THE CHICKASAW PLACE SUBDIVISION APPROVED FOR PRELIMINARY PLAT MAY 18, 2009. WHEREAS, the City Council approved the preliminary plat of the Chickasaw Place subdivision on May 18, 2009 and completed the annexation and zoning of the property; and WHEREAS, within 30-days of subdivision approval, a lawsuit was filed challenging the City’s subdivision approval process for Chickasaw Place; and WHEREAS, the lawsuit generates a number of issues adversely affecting the developer of the subdivision making a delay of the deadline for execution of the development agreement economical and desirable; and WHEREAS, on August 6, 2009 the developer’s representative submitted a written request for a six month delay of the deadline for executing the development agreement, and on August 24, 2009 the City Council granted the delay request making the new deadline February 7, 2010; and WHEREAS, another written request was submitted January 6, 2010 on behalf of the developer asking to delay the completion of the development agreement until six months from the date the lawsuit challenging the subdivision process has been concluded; and WHEREAS, the City of Missoula understands the adverse impacts of the lawsuit on the developer’s project plans and recognizes that the conclusion date of the lawsuit cannot be predicted at this time, it is City Council’s intent to grant an extension of the deadline for completing the development agreement for six months after the date the lawsuit is concluded. NOW, THEREFORE, BE IT RESOLVED, the City Council of Missoula hereby grants the developers of the Chickasaw Place Subdivision an extension to six months from and after the date the said lawsuit challenging the subdivision approval process has been concluded to complete the execution of the annexation development agreement. PASSED AND ADOPTED this day of February, 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL)