Mammoth Lakes City Council
April 2, 2025

Town Council Agenda

Wednesday, April 2, 2025, 4:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members of the Town Council:

Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, Councilmember John Wentworth NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (760) 965-3602. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 13.102-35.104 ADA Title II)
NOTE: Materials related to an item on this agenda submitted after distribution of the agenda packet are available for public inspection in the Town Offices located at 437 Old Mammoth Road, Suite 230 during normal business hours. Such documents are also available on the Town of Mammoth Lakes website at www.townofmammothlakes.ca.gov subject to staff’s ability to post the documents before the meeting.

NOTE: You may attend the Town Council meetings in person or watch them on the Town of Mammoth Lakes' website at www.townofmammothlakes.ca.gov , on the local government cable channel 18, or via Zoom. Public comments can be submitted to the Town Clerk at [email protected]. before and during the meeting, or may be made in person or via Zoom.

NOTE: All comments will be limited to a speaking time of five minutes.

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1. CALL TO ORDER AND ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENTS
The Public Comment portion of the agenda provides the public with an opportunity to address the Town Council on matters not otherwise listed on the agenda. Under California law the Town Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the Town Council may briefly respond to comments or questions from members of the public. Therefore, the Town Council will listen to all public comment, but will not generally discuss the matter or take action on it. Requests for service from the Town may also be made at the Town offices during regular business hours.

Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration.

4. ADDITIONS TO THE AGENDA
Opportunity to add urgency items pursuant to Government Code Section 54954.2(b)2, if necessary.

5. COUNCIL PRESENTATIONS

5.1 Recognition of Greg Eckert for his years of service on the Planning and Economic Development Commission.

5.2 Proclamation declaring April 2025 as Fair Housing Month.

5.3 Proclamation declaring April 2025 as Child Abuse Prevention Month.

5.4 Proclamation declaring April 2025 as Sexual Assault Awareness Month.

6. PUBLIC PRESENTATIONS

6.1 Mammoth Lakes Chamber of Commerce Program Update presented by Brianna Goico, President & CEO of the Mammoth Lakes Chamber of Commerce.

7. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED)

8. STAFF PRESENTATIONS

8.1 2024 Year in Review

9. CONSENT AGENDA

9.1 Approve the minutes of the regular meeting of March 19, 2025.

9.2 Approve the resolution amending the list of Town employees authorized to transfer funds into and out of the Local Agency Investment Fund (LAIF) and the California Asset Management Company (CAMP).

9.3 Award Task Order to Kimley-Horn and Associates, Inc. for design of the MinaretMeridian Roundabout project.

9.4 Adopt the resolution approving Measure U (Fund 217) Allocations for fiscal year 2024-25 Special Project and Programming funding as recommended by Mammoth Lakes Recreation.

9.5 Approve the use of $350,000 in Measure R Funds for a Prefabricated Climbing Boulder at Mammoth Creek Park West.

9.6 Approve the reallocation of $8,000 in Fiscal Year 2024/25 Measure R Special Project Funding to Community Recreation Center (CRC) Programming Amenities. approve the use of $8,000 in previously allocated Fiscal Year 2024-25 Measure R Special Project funds be used for the Parks and Recreation Department to purchase additional programming amenities.

9.7 Accept Check Register 3/14/25 in the amount of $167,438.72. Accept Check Register 3/20/25 in the amount of $2,479,624.85.

10. PUBLIC HEARINGS
Public Hearing Procedure.

The Mayor will open the public hearing and then: Statement and presentation by staff.

Statement and presentation by property owner or appellant. Questions from the Town Council. Call for testimony. Rebuttal to previous testimony by property owner or appellant.

Close the public hearing, terminating public testimony. The Town Council will deliberate the matter and arrive at a decision.

10.1 Public hearing in accordance with the addition of Government Code Section 3502.3 to the Meyers-Milias-Brown Act (“MMBA”), and under Assembly Bill (“AB”) 2561, to present on the status of vacancies, recruitment, and retention efforts prior to the adoption
of the fiscal year 2025-26 budget.

10.2 Consideration of the Amended and Restated Snowcreek Development Agreement for property located within the Snowcreek VII and VIII project sites within the Snowcreek Master Plan area. The project was previously analyzed pursuant to the California
Environmental Quality Act (CEQA) in the certified Snowcreek VIII, Snowcreek Master Plan Update – 2007 Project Final Environmental Impact Report and the Snowcreek VII Mitigated Negative Declaration.

11. POLICY MATTERS

11.1 Approve Mammoth Lakes Chamber of Commerce Agreement – July 2025 – June 2028.

11.2 Fiscal Year 2025-26 Budget – General Fund Revenue Projections.

12. COUNCILMEMBER REPORTS
Informational reports from Councilmember representatives on committees, commissions, and organizations; general reports on Councilmember activities.

13. CLOSED SESSION

13.1 Pursuant to Government Code Section 54957.6 (a), Conference with Labor Negotiators - Town Council will meet with its representatives, Town Manager Rob Patterson, Community and Economic Development Director Nolan Bobroff, and Human Resources Manager
Amanda Pelham, with respect to the following employee associations: the Mammoth Lakes Police Officers’ Association and the Mammoth Lakes Police Supervisory Association.

13.2 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One case)

14. ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION

15. ADJOURNMENT
The Town Council will adjourn to a regular meeting to be held on Wednesday, April 16, 2025 at 3:15 p.m.

A PROCLAMATION OF THE TOWN COUNCIL OF THE

TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
PROCLAIMING APRIL 2025 AS

FAIR HOUSING MONTH
WHEREAS, April 11, 2025, marks the 57
th anniversary of the passage of the Fair
Housing Act, Title VIII of the Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing that prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability, and commits recipients of federal funding to affirmatively further fair housing in their communities; and
WHEREAS, the Mammoth Lakes Board of REALTORS•and Eastern Sierra Community Housing are committed to highlight the Fair Housing Act by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities for all, and to plan partnership efforts with other organizations to help assure everyone of their right to fair housing; and
WHEREAS, the National Association of REALTORS• Code of Ethics commits all REALTORS•to provide equal professional services without discrimination based on race, color, religion, sex, familial status, disability, sexual orientation, gender identity, and national origin.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Mammoth Lakes, California, hereby proclaims that the month of April, 2025 is Fair Housing Month in the Town of Mammoth Lakes and urges all citizens to wholeheartedly recognize this commemoration of the Fair Housing Act throughout the year.

PROCLAIMED this 2
nd day of April 2025.

_________________________________
ATTEST: CHRIS BUBSER, Mayor
____________________________
JAMIE GRAY, Town Clerk

A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF MAMMOTH LAKES,

STATE OF CALIFORNIA, DECLARING
APRIL, 2025 AS CHILD ABUSE PREVENTION MONTH
WHEREAS, ensuring the well-being, safety, and security of children is a shared responsibility among families, schools, government agencies, and the community as a whole; and WHEREAS, child abuse and neglect can have long-lasting effects on the physical, emotional, and psychological health of children, impacting their ability to grow, learn, and thrive; and WHEREAS, prevention efforts, including strong family support systems, early intervention programs, and community education, are essential to reducing the occurrence of child abuse and neglect; and WHEREAS, organizations such as the Mono County Health and Human Services Department, the Mono County Child Abuse Prevention Council, the Mono County Office of Education, CASA of the Eastern Sierra, local schools, law enforcement, and community partners work together to provide resources, support, and advocacy for children and families, fostering a unified approach to preventing and addressing child abuse and neglect; and
WHEREAS, raising public awareness and promoting safe, stable, and nurturing environments for children contribute to the overall health and well-being of our community and future generations; and WHEREAS, the month of April has been nationally recognized as Child Abuse Prevention Month, providing an opportunity for individuals, families, and organizations to come together to reinforce the importance of protecting children from harm and fostering a culture of prevention; and WHEREAS, the Mono County Child Abuse Prevention Council (CAPC) requests public support as they continue efforts to bring real hope for ending chide abuse in the Town of Mammoth Lakes.

NOW THEREFORE, BE IT PROCLAIMED that in recognition of the important work done by the Mono County CAPC and all human service providers in the Town of Mammoth Lakes, the Mammoth Lakes Town Council hereby proclaims April, 2025, as Child Abuse Prevention Month in Mammoth Lakes and urges all citizens to recognize this month by dedicating ourselves to the task of improving the quality of life for children and families.

PROCLAIMED this 2
nd day of April, 2025.
_______________________________
CHRIS BUBSER, Mayor
ATTEST:
____________________________________
JAMIE GRAY, Town Clerk

A PROCLAMATION OF THE TOWN COUNCIL OF THE

TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,
DECLARING APRIL, 2025 AS

SEXUAL ASSAULT AWARENESS MONTH
WHEREAS, rape, sexual assault, and sexual harassment harm our community, and statistics show that 1 in 6 women and 1 in 33 men will experience attempted or completed rape during their lifetime; and
WHEREAS, young people experience heightened rates of sexual violence, and youth ages 12-17 are 2.3 times as likely to be victims of rape or sexual assault; and WHEREAS, survivors should have help to find compassion, comfort, and healing they need, and sexual abusers should be punished to the full extent of the law; and WHEREAS, survivors of violence should have access to medical and legal services, counseling, transitional housing, and other supportive services so that they can heal from the abuse; and
WHEREAS, it is important to recognize the compassion and dedication of the individuals who provide services to victims of sexual assault and work to increase public understanding of this significant problem; and
WHEREAS, we must work together to educate our community about sexual violence prevention, supporting survivors, and speaking out against harmful attitudes and actions; and
WHEREAS, prevention is possible through education, awareness, and community involvement; and
WHEREAS, it is time for all resident of the Town of Mammoth Lakes to take action to create a safer environment for all and make ending sexual assault a priority; and WHEREAS, Wild Iris requests all residents of the Town of Mammoth Lakes to pledge to join advocates and communities across the country in taking actions to prevent sexual violence.

NOW, THEREFORE, BE IT PROCLAIMED in recognition of the important work done by Wild Iris and all victims’ service providers in Mammoth Lakes, that the Town Council of the Town of Mammoth Lake hereby proclaims the month of April, 2025 as Sexual Assault Awareness Month in the Town of Mammoth Lakes.

PROCLAIMED this 2
nd day of April, 2025.
_________________________________
ATTEST: CHRIS BUBSER, Mayor
____________________________________

JAMIE GRAY, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: 2024 Year in Review
Council Meeting Date: 4/2/2025
Prepared by: Pam Kobylarz, Assistant to the Town Manager Stu Brown, Parks and Recreation Director/Public Information Officer Rob Patterson, Town Manager
Recommended Motion: This is an information item only.

Summary: Each year the Town prepares a Year in Review document to celebrate some of its major accomplishments for the year. The 2024 Year in Review highlights a number of achievements including numerous capital improvement projects, the opening of Phase 1 of The Parcel and the Parcel Park, the first full year of operations at the Community Recreation Center (CRC), as well as many other municipal and recreation initiatives that were completed. The Year in Review document will be presented at the Town Council meeting.

Town of
Mammoth Lakes
2024 Year in Review
437 Old Mammoth Road, Suite 230 • Mammoth Lakes, CA 93546 TownofMammothLakes.ca.gov • TownofMammothLakes • (760) 965-3600 Photo: Samantha Lindberg/MLT

INTRODUCTION

CAPITAL INFRASTRUCTURE

PROJECTS
Main Street Landscaping
Town-wide Winter Animation
Summer Road Rehabilitation and
Multi-use Path Project
New Town Hall
Childcare Facility
2024 Slurry Project
Town Facilities Exterior
Painting Project
Chaparral Road Extension

HOUSING

ACCOMPLISHMENTS
Housing Now!

MUNICIPAL SERVICE

ACCOMPLISHMENTS
Measure L
Styrofoam Takeout
Container Prohibition
2023 Winter Storm
After Action Report
Community Engagement
and Public Outreach
Major Projects and Permits
Police Department Highlights
Airport Accomplishments

LEADERSHIP

RECREATION

ACCOMPLISHMENTS
Office of Outdoor Recreation
Parks and Recreation Department
TOWN OF MAMMOTH LAKES • 2024 YEAR IN REVIEW

REPORT CONTENTS
1 2
6 9
12 11
13 14
15 19
16 21
22 4
10 CONTACT INFORMATION

TOWN OF MAMMOTH LAKES 1 2024 YEAR IN REVIEW

INTRODUCTION

ROB PATTERSON, TOWN MANAGER
2024 was a year of transition for the Town
organization. A change in leadership is always
difficult for an organization to navigate and
success involves a focused effort from the new
leadership and the team. In addition to general
leadership style changes, there was a focus on
development of a community-first mindset,
interdepartmental support, strategic planning, and
elevating expectations of subject matter experts
in various fields. The leadership team performed
a bottom to top evaluation of organizational
effectiveness, looking for opportunities for
improvement. The effort resulted in an improvement
in employee engagement as well as opportunities
to solve pain points, increasing the efficiency
and effectiveness of the organization.

The organization continues to function at a
very high level of achievement as is evidenced
in the accomplishments of 2024. The entire
organization is focused on optimizing opportunities
for the community, from our budget practices,
providing unallocated revenue to reinvest in the
community to strategic planning, designed to
identify opportunities on the horizon, to staff
planning to make us ready when opportunities
do arise. The team is focused on doing the
most they can for the community we serve.

You will read about many successes in the coming
pages, things we are truly proud to have achieved.

The organization continued to focus on Housing
needs, trying new avenues to address the problem
through leasing opportunities, while maintaining
work on The Parcel and Bridge programs and creating
dedicated funding sources, like Measure L, to
achieve it all. A broad breath of capital improvement
projects was completed to provide infrastructure
and maintenance that will serve to improve our
visitor and resident experiences. Departments
focused on executing their mission of providing for
the community through enhancements to services
provided and public safety. The team remains
responsive to the challenges we face and is ready
to provide effort and resources to address them.

The staff success and all of our accomplishments
would not be possible without the leadership of
the Town Council. In addition to providing policy
direction, strategic planning and the voice of the
community, the Town Council is supportive and
encouraging of our efforts. From top to bottom
the entire organization of the Town of Mammoth
Lakes is focused on service to the residents of
the Town of Mammoth Lakes, our businesses,
visitors and partners. I could not be more proud
of this effort and our opportunity to serve.

TOWN OF MAMMOTH LAKES 2 2024 YEAR IN REVIEW

HOUSING

ACCOMPLISHMENTS
HOUSING NOW!
The Housing Now! initiative made significant progress in 2024, creating new units available for occupancy in Mammoth Lakes. The program also advanced several housing initiatives and unit availability on a number of individual projects.

THE PARCEL
The Sawyer, or Phase I of The Parcel, was completed
in summer 2024 and the 81 units were fully occupied
in the same year. All of the units, with the exception of the manager’s unit are occupied by local households
earning between 30% - 80% AMI (equates to $23,000
- $60,000 for a household of two). The Kingfisher, or
Phase II of The Parcel, broke ground in August and has
a target completion date of fall 2026. These units will also be available to households earning between 30%-
80% AMI. Together, these two phases will provide
156 affordable rental units, plus two manager’s units.

LEASE TO LOCALS PROGRAM
The Lease to Locals program, operated by Placemate,
was launched in August 2024 and aims to connect
tenants with property owners who wish to lease
their properties on a seasonal (5-11 months) to
long-term (12+ months) basis in exchange for a
financial incentive from the Town. The incentive is
in addition to the rental revenue that the owner will
collect. In 2024, five properties have been leased
through the program with an average subsidy of
$9,200 per property. The first year goal for the
program is to assist approximately 40 households.

TOWN OF MAMMOTH LAKES 3 2024 YEAR IN REVIEW

ACCESS APARTMENTS AND

INNSBRUCK LODGE
The Access Apartments project, located at 238
Sierra Manor Road, is an adaptive reuse project being
developed by Eastern Sierra Community Housing
(ESCH) that will provide 13 affordable, one-bedroom
units. Seven of the units will be for households
earning up to 80% AMI (equates to $52,000 for a
household of one) and six of the units will be for
households earning up to 120% AMI (equates to
$89,000 for a household of one). An additional
$4.2 million in funding was procured from the State
Community Development Block Grant (CDBG)
program in July 2024 to fill a funding gap and
construction began shortly thereafter. The project
has a target completion date of fall 2025 and will be
owned and operated by ESCH upon completion.

The Innsbruck Lodge Affordable Housing
development, located at 913 Forest Trail, is funded
through the State Project Homekey program, which
is a State-funded program that is intended to assist
those who are experiencing homelessness or are at
risk of becoming homeless. It provides 15 affordable
studio and one-bedroom units (plus one manager’s
unit) for households earning up to 80% AMI. ESCH
is the developer, owner, and operator of the project.

Six of the units were completed in May 2024 and
the remaining units will be completed in early 2025.

SMALL-SITE DEVELOPMENT UPDATE
The Town’s initial small-site development project
located at 60 Joaquin Road was largely completed
in 2024. The project includes the development of
two duplex structures containing a total of four
residential units that will be for-sale units available to households earning up to 150% AMI. The units
are expected to be listed for sale in early 2025.

BRIDGE PROGRAM UPDATE
The Town, together with ESCH, launched the Bridge
Program in late 2021 with the goal of increasing the
number of affordable deed-restricted ownership
units in the community. The program acquires
market rate units that are then resold to individuals
at a subsidized rate with a deed restriction in
place to ensure they remain in the affordable
housing stock for the Town. Five additional units
were acquired in 2024 and three were sold,
bringing the total number of sold units to eight.

SHORT-TERM RENTAL PROGRAM
The moratorium on the issuance of new Short-Term
Rental (STR) certificates ended in March 2024
with the introduction of a Certified Properties
program. The program is a new approach to the
management of STRs that will provide enhanced
oversight intended to address various quality of life
issues related to STRs. The program will help address
safety issues for the renters and impose enhanced
penalties and “time-outs” for violators. The program
shifts the responsibility of managing the unit and
ensuring it is not disruptive to the community to
the property owner, rather than to a management
company. Aside from the implementation of the
Certified Properties program, the STR Advisory
Committee made additional recommendations to
the Town Council to address the ongoing housing
issues. Those recommendations included: a ballot
tax measure to fund housing programs (Measure
L), a rental subsidy program (Lease to Locals), a
housing down payment purchase program (not yet
implemented or developed), and consideration of
zoning changes to the RMF-2 zoning designation.

TOWN OF MAMMOTH LAKES 4 2024 YEAR IN REVIEW

RECREATION

ACCOMPLISHMENTS

OFFICE OF OUTDOOR RECREATION (OOR) ACCOMPLISHMENTS

STEWARDSHIP AND TRAIL MAINTENANCE
• Three Summer of Stewardship events were held
in 2024. 106 volunteers participated in the events
by collecting 190 pounds of trash and conducting
trail maintenance on Mammoth Pass and Mammoth
Crest, cleaning up the brush along several multiuse paths (MUPs), and constructing new trails from Sherwin Meadows Trailhead to the Meadow Trail.
• 293 volunteers participated in 16 Trashy Thursdays
by collecting over 1,000 pounds of trash and 69
pounds of recycling.
• Town staff completed Black Bear Run Trail, the short
connector between the Sherwin Meadows Trailhead
and the Meadow Trail, and a new boardwalk through
an annually wet area along the Mountain View Trail.

Staff also performed general trail maintenance on
over 30 miles of soft surface trails.
• The Town took over the entirety of the approximately
90-mile winter groomed trail system from the
United States Forest Service (USFS). Work included
clearing the entire trail network of trees and other
hazards, updating wayfinding signage across the
entirety of the network and performing numerous
tasks related to managing a program of this scale.

TOWN OF MAMMOTH LAKES 5 2024 YEAR IN REVIEW

FUELS REDUCTION WORK
In 2024, staff completed numerous hazard tree reduction projects across nearly the entirety of the Town’s MUP
network. This included a $500,000 timber project,
in partnership with Mammoth Lakes Fire Protection
District, in the Lakes Basin between the art gallery and pack station. All wood was then moved from the site to
the area near Horseshoe Lake where it was collected
by public wood cutters. Staff removed more beetle
infested trees from the Mammoth Creek Parcel and
removed rounds to prevent the spread of the beetles.

Crews also facilitated SPLAT (an environmentally
friendly beetle repellent treatment) in that parcel to
help mitigate future infestations. Staff also performed fuels reduction and hazard tree work across the
MUPs, Mammoth Creek Parcel, and at The Parcel
housing project. And finally, crews developed three
new interpretive signs for Mammoth Creek Parcel to
highlight the fuels reduction work that occurred in that area and to help educate the public using that path.

E-BIKE SAFETY
The new e-bike ordinance was adopted in December 2023
and provides the Mammoth Lakes Police Department with
the ability to enforce speeding or reckless e-bike riding on the Town MUPs. To support e-bike safety, the Town
introduced a new e-bike host program and purchased
three e-bikes and supplemental safety equipment to allow trained hosts to patrol the MUPs and engage with visitors.

Six new “speed measuring devices” were also installed and staff continued its annual effort to “paint” stewardship and appropriate use messaging directly onto the paths.

SHARP TRAILHEAD FACILITIES PROJECT
With both winter and summer recreational use rising in the Sherwins, the Town and Mammoth Lakes Recreation (MLR)
are implementing improvements in the area to help protect resources and provide an enhanced user experience. The
creation of the new and improved Sherwin Meadows
Trailhead is underway and will provide infrastructure for recreationists and their four-legged friends. Restrooms, trash facilities, a bike tool station, interpretive and wayfinding signage, a bear box, a poo fairy station, and an avalanche beacon checker will all be available.

TOWN OF MAMMOTH LAKES 6 2024 YEAR IN REVIEW

PARKS AND RECREATION DEPARTMENT ACCOMPLISHMENTS

COMMUNITY RECREATION CENTER
Officially opening to the public on November 24,
2023, the Community Recreation Center (CRC)
has been a game changer for the community by
providing community focused recreation programs,
events and activities. In its first full year of
operations, the CRC welcomed over 40,000 people!
The new indoor LA Kings Ice at Mammoth Lakes
realized significant growth, particularly in our
established youth, co-ed adult and rapidly
growing women’s hockey programs. Curling also
experienced strong participation with a sold-out
league of 13 teams, and with just under 100 people
learning to curl. The highlight of the curling calendar was hosting the California Curling Championships in
April 2024. It was gratifying to see the community
fully embrace the facility by purchasing all the
available dasherboard sponsorship spaces around
the rink. The Town also welcomed the Los Angeles
Department of Water and Power (LADWP),
Mammoth Disposal and Snowcreek Resort as
major sponsors of the CRC. In the summer, the
ice rink was transformed into a 20,000 square
foot, three-court gymnasium – the Mammoth
RecZone offering a multitude of court sports and
the home of the Parks and Recreation Department
summer camps. Youth and adults enjoyed playing
basketball, volleyball, futsal, pickleball, arena
soccer, skateboarding and indoor cricket!
In the fall of 2024, the Town Council formally
closed-out Phase I of the CRC and awarded
the Phase II contract. The total value of the
improvements for Phase II is $1,846,413 and
includes facility-wide rubber flooring, new staff
offices and locker/meeting room, admission
counters, custom elevated bleachers for
installation above the locker rooms, an ADA
lift and stairs, netting, exterior lighting, and
chiller sound mitigation. Work is expected
to be completed in the summer of 2025.

TOWN OF MAMMOTH LAKES 7 2024 YEAR IN REVIEW
NEW PARK OPENINGS!
The Town completed several park projects in
2024 with some ongoing work planned to be
fully completed in the summer of 2025.

Whitmore Track and Ball Fields
Constructed in 2012, the Whitmore Track and
sports field has been incredibly popular and heavily
used since it opened to the public. Between 2017
and 2021, over 194,000 recreation enthusiasts
visited the Whitmore Recreation Area (a 460%
increase in visits over five years), representing
almost 13,000 unique people. The rehabilitation
project conducted in 2024 cleaned and restriped
the 9-lane all-weather track surface along
with several patches to the rubber surface and
synthetic turf. Total investment was $100,000.

Dog Park
The Town, partnering with the Mammoth Lakes
Foundation, sited the community’s first off-leash
dog park at the intersection of College Parkway
and Wagon Wheel Road. The Town received a
$50,000 T-Mobile grant in 2021 and previously
allocated an additional $150,000 for a dog park.

A 40-space parking area, restrooms and other
amenities were constructed adjacent to the dog
park that can also support other nearby uses
including the theatre and multi-use path access.

Construction began in 2023, and the Town Council
officially opened the dog park on November 6.

Total project cost was approximately $1,150,357.

Mammoth Creek Park
To complement all the improvements made at
the CRC, the Town Council allocated funding to
rehabilitate Mammoth Creek Park. Improvements
will include a large, prefabricated climbing boulder, a planned 20x30 pavilion, multiple shade structures, a
custom metal railing, replacement of the large grass
area with irrigation (completed in 2024), additional
landscaping for screening, and a bouldering park
with fall protection. Mammoth Creek Park also
welcomed the opening of the Capybara food
truck serving authentic Argentinian cuisine.

Park at the Parcel
The Park at the Parcel officially opened to the public
on August 7. The Park at the Parcel was designed to
meet two community needs. The first was to build
an exclusive playground for the on-site childcare
facility operated by our partner, Mono County Office
of Education. The second need was to build a family
park in the center of Town fully accessible to not
only residents living at The Parcel, but the many
families that live near the park. The park area is just under an acre in size and includes a playground for
2-5 year-olds enrolled in childcare, and a family park
incorporating a 5-12 year old Play On!® National
Demonstration Site (NDS) playground. The NDS
playground includes a domed climbing net, group
spinner and arch swing that combined, promote
the six key elements of play: balancing, sliding,
brachiating, spinning, climbing, and swinging.

TOWN OF MAMMOTH LAKES 8 2024 YEAR IN REVIEW
2024 SUMMER CAMPS
The Parks and Recreation Department hosted 644 campers
supported by 22 staff members over nine weeks of summer camps. These guest comments say it all: “The staff this summer were phenomenal!”, “Good leaders and wore my kid out every day!”, and “Fun activities and engaged staff, you all did a great job and kept it affordable for families, much appreciated.” Campers got a chance to explore the Sierra by biking, hiking, paddleboarding, skateboarding, swimming, and climbing all over the region. The Department integrated adventure sports with visual and performance arts to provide a holistic camp experience that nurtures both interpersonal and intrapersonal growth. The biggest addition to the program this summer was hosting camps at the new Mammoth RecZone operating within the CRC, which provided necessary protection from the elements and was greatly appreciated during the “monsoon week.” Our backpackers continued to enjoy ice cream in the backcountry, our nature campers sponsored by LADWP helped Clean Up the Lake, our Wave Rave skateboarders loved the “indoor skatepark at the CRC”, and our bikers shredded miles of trails! More local children took advantage of the Tony Colasardo Scholarship Fund in 2024. The Town awarded 89 scholarships valued at just under $13,000. Recipients enjoyed the UK International and Challenger Sports Soccer Camps, several signature summer camps and after school programs, such as Gymnastics, Little Wreckers, and the Spring Bike Squad.

TOWN OF MAMMOTH LAKES 9 2024 YEAR IN REVIEW

CAPITAL INFRASTRUCTURE

ACCOMPLISHMENTS

MAIN STREET LANDSCAPING
The Main Street Landscaping project included installation of irrigation facilities, light earthwork, and in-ground planting of native drought-tolerant trees and plants on both sides of Main Street between Mountain Boulevard to just east of the Main Street and Old Mammoth Road intersection. New irrigation lines use sleeves installed underneath sidewalk and Frontage Road asphalt during the Main Street Sidewalk projects. The project plans were completed in early 2022 and the project was split into two phases.

In May 2022, the Town bid the Main Street Landscaping Phase I project. Bids were opened in June 2022, and no bids were received.

After consulting with the Town Attorney, staff began reaching out to contractors to find someone interested in completing the project.

After months of searching, negotiating, and working with potential contractors, Town staff received two bids in February 2024. At the April 3, 2024 Town Council meeting, Council authorized the Town Manager to sign a contract with Gray’s Grasshopper, the contractor who submitted the lowest of the two bids received. Work began on April 23. Work was completed on September 3, and the project cost $735,000.

TOWN OF MAMMOTH LAKES 10 2024 YEAR IN REVIEW

TOWN-WIDE WINTER ANIMATION
The Town Council allocated $145,000 in 2024 to
animate the Town during our busy winter season.

Phase I of the project included the animation of
the two Town monument signs with garlands,
LED warm white lights and small spotlights for
enhanced visibility. The two trees at the corner of
Old Mammoth Road and Main Street (Footloose
Sports) were also rehabilitated and will provide
festive winter animation for years to come. After a
long hiatus, the Town’s Community Tree Lighting
Ceremony returned to Mammoth Creek Park.

In the summer of 2024, the Town completed
a $2.8 million project to rehabilitate several
streets and multi-use paths (MUPs) that
required preventative maintenance. The project
scope of work included the reconstruction
of the following streets and MUPs:

Streets: Kelley Road, Silver Tip Lane, Monterey
Pine Road – from Majestic Pines Drive to Silver
Tip Lane, Majestic Pines Drive – from Monterey
Pine Road to NE end, Mono Street and Dorrance
Drive – from Joaquin Road to Manzanita Road.

Multi-use paths: Main Street North Side
MUP – from 203 North of Old Mammoth Road
to the Mammoth Lakes Welcome Center,
Old Mammoth Road MUP – from Waterford
Avenue to Minaret Road and Mammoth
Creek Park West MUP – near the CRC.

The project was fully funded, and expenditures
came in under the original budget allocation
of $3,077,113. Total project expenditures
were $2,693,700, which included a $161,200
reimbursement from Mammoth Community
Water District. The remaining funds allocated
to this project in the amount of $383,413 was
returned to the General Fund for future projects.

SUMMER ROAD REHABILITATION

AND MULTI-USE PATH PROJECT

TOWN OF MAMMOTH LAKES 11 2024 YEAR IN REVIEW

NEW TOWN HALL
In February 2024, the Town Council authorized
bonding for the new Town Hall. Staff have been
working with HMC Architects since 2022 on designs
for the new facility. The project includes a new
Town Hall with community spaces and offices
for administrative staff. The schematic design
also includes plans for an emergency operations
center (EOC) for future phasing. The Town Hall
project design was approved by the Planning and
Economic Development Commission in April and
construction began on the foundations, utilities
and parking lot in the summer. The new Town Hall is
planned to open in late 2026. Funding for the design
came from the American Rescue Plan Act (ARPA)
in the amount of $1.9 million. Construction of the
project is funded by municipal bonds ($27 million).

CHILDCARE FACILITY
In 2022, the Mammoth Unified School District
notified the Town that it was planning to demolish
its modular structures during its renovation
construction project at the High School. The
Town repurposed some of the modular units for
a community childcare center located on the
Mammoth Lakes Foundation property at 100
College Parkway. The project utilizes six of the
modular buildings to provide an approximately
6,700 square foot structure available for future
operations of a childcare center. A contract for
construction was awarded in April 2024 and work
should be substantially completed in 2025.
2024 SLURRY SEAL PROJECT
Every year Town staff completes road condition
assessments of streets and MUPs throughout Town.

During the fall of 2023, staff prioritized several
streets for slurry seal and striping including Minaret
Road, Chateau Road, Old Mammoth Road – from
Minaret Road to Club Drive, Meridian Boulevard,
Azimuth Drive, Canyon Boulevard and Forest
Trail. The project was completed in September.

TOWN OF MAMMOTH LAKES 12 2024 YEAR IN REVIEW

TOWN FACILITIES EXTERIOR PAINTING PROJECT
In summer of 2023, Town staff documented damaged paint
on several Town facilities and created project plans, technical specifications, and special provisions for these facilities. During this process, staff decided it would be beneficial for the Town to create a cohesive, single-color scheme for most Town structures, especially those in parks. This would streamline future maintenance and touch-up work by reducing the number of paints that need to be stocked. Certain buildings will retain their unique color schemes, such as the Community Center, Police Department and Mammoth Lakes Tourism buildings. Colors were selected to blend with our forest aesthetic. Public entrance doors were painted the Town blue to provide cohesion across all Town-owned structures.

This project was completed in August and included repainting the following 21 structures: Pickleball Complex Maintenance Building and Snack Shack, Voodoo Chute Pump House, Mammoth Lakes Community Center, Community Center Tennis Court Restrooms, Mammoth Lakes Tourism Building, Trails End Park Restroom and Pavilion, Mammoth Creek Park East Restroom, Mammoth Creek Park West Restroom, Shady Rest Park Restroom, Shady Rest Park Pavilion, Shady Rest Park Snack Shack, Shady Rest Park Storage Shed, Whitmore Pool Main Building, Whitmore Pool Pump House, Whitmore Track Restrooms, Whitmore Track Maintenance Shed, Whitmore Track Storage Shed, Whitmore Track Pump House, and the Mammoth Lakes Police Department.

CHAPARRAL ROAD EXTENSION
In early 2021, Town Council adopted The
Parcel Master Plan, outlining a path forward
for the Town to construct multiple affordable
housing units at The Parcel. The extension of
Chaparral Road was identified as being Phase
II of public infrastructure utilizing SB1 funds
committed from Mono County’s SB1 funding
allocation. In June 2022 the Town advertised
the Chaparral Road Extension project, which
included the connection of Chaparral Road
to the extension of Tavern Road within The
Parcel project. In addition, a sidewalk, a
multi-use path, bus turn-outs, bus shelters,
landscaping and utilities were constructed.

Work was contracted to Spiess Construction
and completed in December 2024.

TOWN OF MAMMOTH LAKES 13 2024 YEAR IN REVIEW

MUNICIPAL SERVICE

ACCOMPLISHMENTS

MEAURE L
As part of the work completed by the STR Advisory
Committee in 2024, a 2% TOT increase was
recommended and presented to voters within the
Town of Mammoth Lakes. This initiative, called
Measure L, was passed by 63% of voters on November

5. The recommendation from the Advisory Committee
was to generate a consistent funding source for the
Town’s Housing Now! initiatives. The current method
of funding is to commit unallocated TOT to Housing
Now! during the quarterly budget review.

In the last few years, the Town has been fortunate
with excess revenue for this purpose; however,
that funding is not likely to match the needs of the
program in the near future. On January 15, 2025,
Town Council adopted a resolution committing
all proceeds generated by the Measure L ballot
initiative to Housing Now! for the 10-year term,
until such time the incremental TOT expires. For the
current fiscal year, this represents $2.8 million.

STYROFOAM TAKEOUT

CONTAINER PROHIBITION
The Town’s prohibition on Styrofoam foodware
went into effect on January 1, 2024. Many
restaurants throughout Town complied with the
prohibition, however a handful of restaurants
took advantage of the grace period allowed
by the Municipal Code for the first year of the
prohibition. Town and Mammoth Disposal staff
conducted outreach throughout the year at the
Restaurant Association and visited every restaurant
to share information about the prohibition.

EXPANDED POLYSTYRENE FOODWARE

STYROFOAM BAN
Effective January 1, 2024, the Town of Mammoth Lakes will prohibit takeout foodware containers made from expanded polystyrene – commonly known as Styrofoam – pursuant to Municipal Code 8.15.020-8.15.030.

Banned Items Alternative Items
EPS foodware items used for containing, serving,
or consuming prepared food, including cups,
bowls, plates, trays, cartons, and boxes. These
items are usually labeled as plastic #6.

TOWN OF MAMMOTH LAKES 14 2024 YEAR IN REVIEW
2023 WINTER STORM

AFTER ACTION REPORT
The 2022/23 winter season in the Town of
Mammoth Lakes presented an unparalleled
challenge, characterized by extraordinary, recordsetting snowfall producing multi-layered incidents causing the Town Manager to proclaim a local
emergency. A comprehensive 2022/23 After
Action Report (AAR) was completed in 2024. This
effort explored and analyzed key events during the
2022/23 winter emergencies such as the decisionmaking process and how each of the agencies worked together on the Town’s approach.

COMMUNITY ENGAGEMENT

AND PUBLIC OUTREACH
At the beginning of the year, the Town launched
its new updated website providing enhanced
navigation and functionality for its thousands of
users. The homepage was improved with graphic
informational buttons, as well as several quick
link tabs to some Town Departments and other
important information. The Mammoth Lakes Police
Department, Parks and Recreation Department and
the Mammoth Yosemite Airport all have exclusive
Department Headers making these sites distinctive.

The Town increased its outreach efforts through
“Community eNews” distributed every Friday to
over 1,400 subscribers and “Recreation This Week”
sent every Thursday to over 4,400 DaySmart
subscribers. The Town’s social media presence has
also expanded with the contracting of a public
communications professional to draft and post an
informative, insightful and community-centric social
post every Thursday, called our “Social Spotlight.”
Recent topics included the Housing Now! program,
winter Snow Smart driving tips, improvements to the
Sherwin Meadows Trailhead and the Town’s Strategic
Planning Series. Launched at the beginning of the
year, the Town’s new Instagram page has over 2,200
followers while the Town’s Facebook page continues
to attract followers with over 9,000 people.

TOWN OF MAMMOTH LAKES 15 2024 YEAR IN REVIEW

MAJOR PROJECTS AND PERMITS
A number of large development projects progressed in the planning and/or construction phases during 2024.

THE LIMELIGHT RESIDENCES
The Limelight Hotel, located at 15 Canyon Blvd.,
reached a major milestone in 2024 with the “top
out” of its construction project, which then allowed
developers to focus on sealing the exterior of the
project to allow interior work to continue throughout
the winter months. Construction is expected
to be completed in 2025. Limelight Residences
Mammoth is a new condominium hotel project
that will include 149 hotel rooms and 15 residential
units with amenities oriented to guests of the
hotel including hotel lounge and meeting rooms,
a fitness center, ski club, childcare, equipment
rental, and an outdoor pool and jacuzzi terrace.

MAMMOTH MAIN BASE
The Mammoth Main Base Redevelopment Project
is a major private development application being
processed by the Town. In 2024, the applicant
continued to work through issues related to
evacuation route planning and the environmental
review (CEQA/NEPA) process. Work on this
project will continue in 2025 and beyond.

THE MAMMOTH MALL
The Mammoth Mall renovation, located at 126
Old Mammoth Road, commenced in 2024. The
project includes the complete renovation of
the existing 2-story Mammoth Mall structure to
improve the existing commercial building that
consists of restaurant, retail and office spaces
plus a new featured restaurant, ground floor
patio and two second floor outdoor decks.

Construction is expected to be completed in 2025.

TOWN OF MAMMOTH LAKES 16 2024 YEAR IN REVIEW

POLICE DEPARTMENT HIGHLIGHTS

CALIFORNIA OFFICE OF TRAFFIC

SAFETY (OTS) GRANT
On February 7, MLPD received a $40,000 grant
from the California Office of Traffic Safety via the
National Highway Traffic Safety Administration
to support its Bicycle and Pedestrian Safety
Program. This grant allowed the Department
to promote safe practices for pedestrians
and bicyclists and provide education about
the importance of sharing the road. The grant
program ran through September. Grant funds
supported a variety of activities focused on
bicycle and pedestrian safety such as:
• Community bicycle and walk “audits” of
streets with a high rate of pedestrian and/
or bicyclist fatalities and serious injury crashes.
• Helmet fitting inspections and distribution
of helmets to those in need.
• Community and school education presentations.
• Community bike rides that encourage
and teach riders safe riding skills.
• Pop-up events that promote the importance
of visibility on roads with safety equipment
such as reflective armbands/leg bands
and bicycle headlights/tail lights.

At Town Clean-up Day and Kidapalooza MLPD
staffed bicycle safety booths at the CRC. Officers
handed out free high-end Kali Protectives helmets,
including those rated for e-bikes, along with
bicycle lights, lighted wristbands, and bike bells. All these handouts were funded by the OTS Grant.

MLPD Officers also participated in several
group bicycle rides including the Town of
Mammoth Lakes Bike Squad and the Pamper
Pedal Footloose Sports Ride, thanks to a new
grant funded e-bike! The State has also provided
funding for e-bike patrols to reduce the number
of bicycle vs. vehicle calls for service that
have been growing in number every year.

TOWN OF MAMMOTH LAKES 17 2024 YEAR IN REVIEW
EXPLORER ADVISORS’

ASSOCIATION WINTER

ACADEMY
From February 15–19, MLPD
and MCSO Explorer Post 7880
attended the Orange County
Law Enforcement Explorer
Advisors’ Association Winter
Academy. This five-day event
helps prepare young people
to become Law Enforcement
Explorers and build skills for future
careers in law enforcement. They
took part in physical training,
drills, and classroom lessons
on topics like ethics, traffic
control, and law enforcement
careers. They also learned
about SWAT, DUI enforcement,
bomb squad operations, and
more through hands-on demos.

The Academy is both mentally
and physically challenging,
helping participants grow in
confidence and perseverance.

FLOCK SAFETY AUTOMATIC

LICENSE PLATE

RECOGNITION CAMERAS
On July 17, the Town Council
approved a one-year lease
agreement with Flock Safety for
installation of eight Automatic
License Plate Recognition
(ALPR) cameras throughout
Mammoth Lakes. Four cameras
are located at the intersection
of Old Mammoth and Minaret
roads. The remaining four cameras
are located on State Route
203: inbound and outbound at
Meridian Boulevard, plus inbound
and outbound at The Village.

ALPR cameras greatly assist in
the response, apprehension,
and investigation of criminals.

They also help the Town assist in
evacuation planning by capturing
real-time vehicle counts.

POWERENGAGE SOFTWARE
MLPD implemented a new tool on
July 12, to keep citizens informed
and collect feedback on nonlife-threatening calls for service.

PowerEngage allows MLPD to
text citizens who have called for
assistance to provide pre-arrival
instructions. It also allows us to
send text message surveys after
certain types of interactions with
our Department. This software
interfaces with RIMS, our
computer aided dispatch system.

PowerEngage cannot be used to
make formal complaints or report
an emergency or criminal activity.

The community can also opt out
of the text messages if desired.

TOWN OF MAMMOTH LAKES 18 2024 YEAR IN REVIEW

STATE OF CALIFORNIA OFF-HIGHWAY

MOTOR VEHICLE GRANT
The Mammoth Lakes Police Department was
awarded a $51,680 grant from the State of
California Off-Highway Motor Vehicle (OHMVR)
Division for the period of January 1 – December

21. The Department applied for this funding to
continue its Off Highway Vehicle (OHV) program,
which was launched in 2021 with its first OHMVR
Division Grant award. The 2024 award was used
to purchase a flatbed snowmobile trailer for easier
access to staging areas, to pay for a covered
storage area to protect the OHV/OSV vehicles,
purchase additional safety and recovery gear to
outfit the vehicles and staff, and to reimburse
officers’ patrol plus administrative costs. Summer
and winter OHV/OSV patrols allow MLPD to enforce
speed laws in restricted areas, detect operation of
vehicles and/or snowmobiles while impaired, verify
green sticker registration, address encroachment/
trespass issues, provide accident support, monitor
dispersed camping, and educate the public.

CHIEF’S ADVISORY COMMITTEE
A new Chief’s Advisory Committee (CAC) was
formed and the first meeting took place on
December 11. The CAC was created to act as a
resource to help form strategies, develop community
policing concepts, and increase public awareness.

The Committee is intended to provide a forum for
discussions concerning community issues and the
goal is to have a broad spectrum of viewpoints
represented. There are currently 14 members of the
CAC serving either one or two-year terms. MLPD
hopes that the CAC will act as a sounding board
for the Chief regarding community needs and
concerns, as well as providing community feedback
about proposed police programs and priorities.

TOWN OF MAMMOTH LAKES 19 2024 YEAR IN REVIEW
K9 OFFICER JAX
In April and May, K9 Officer Jax (and his handler Officer West) attended a 30-day Narcotics and Firearms Detection Course in Sacramento.

The class really paid off on the afternoon of December 22, when a MLPD Police Officer unexpectedly interrupted an armed robbery in progress near Mammoth Pacific’s Geothermal Plant. The suspect (a 33-year-old Mammoth Lakes resident) immediately fled on foot into a wooded area, leaving two victims behind. The victims advised MLPD Officers their belongings were stolen at gunpoint by the suspect.

Additional Mammoth Lakes Police Officers responded to the area, with the assistance of California Highway Patrol and Mono County Sheriff’s Office personnel. A perimeter was set up in the area and the suspect was apprehended without incident. K9 Officer Jax was deployed in the wooded area to conduct an article search for evidence.

K9 Officer Jax successfully located the victim’s property along with an unregistered loaded firearm allegedly used in the robbery.

On June 12, K9 Officer Jax and his handler visited Mammoth Elementary School for a demonstration. These types of programs help introduce the community to our department and showcase how obedient and friendly police K9s can be when not engaged in apprehension, a pursuit, or searching for narcotics. A few lucky students were selected to give K9 Officer Jax some attention.

AWARD NOMINATIONS
The Mammoth Yosemite Airport (MMH) was
nominated for both the “Most Innovated Airport”
and “Most Improved” and “Top General Aviation
Airport” at the Federal Aviation Administration
(FAA) Western-Pacific Region Airports Conference
in June 2024. The airport was nominated for
the “Most Innovated Airport” in the WesternPacific Region since MMH was the first to achieve compliance with Aircraft Rescue Fire Fighting
(ARFF) and Polyfluoroalkyl Substances (PFAS)
mitigation. The airport was the first to transition
the ARFF vehicle from Aqueous Film Forming Foam
(AFFF) to Fluorine-Free Foam (F3). The airport
was nominated for the “Most Improved” and “Top
General Aviation Airport” because of high levels of
safety compliance and FAA grant management.

AIRPORT ACCOMPLISHMENTS

TOWN OF MAMMOTH LAKES 20 2024 YEAR IN REVIEW

TRIENNIAL FULL-SCALE

EXERCISE & STATEWIDE

MEDICAL AND

HEALTH EXERCISE
On September 28, the airport
hosted a statewide medical and
health exercise in conjunction with
the airport’s triennial full-scale
exercise required by the FAA. The
training included multi-agency
collaboration, response concepts
of operations, triage and tracking,
medical response, medivac
coordination, and firefighting. The
organizations included hospitals,
healthcare infrastructure,
Mammoth Yosemite Airport,
local fire departments and EMS,
Inyo and Mono OEM, public
health, and law enforcement
with 166 people participating.

GRANTS AWARDS

FOR MAMMOTH

YOSEMITE AIRPORT
The Town was awarded two
grants from the FAA, totaling over
$2 million. The Town received a
grant in the amount of $244,329
for Multipurpose Building redesign
to include ARFF and SRE. The
second grant in the amount of
$1,762,875 is allocated for the
General Aviation and Terminal
Parking Lot reconstruction.

AUTOMATED WEATHER

OBSERVATION SYSTEM
(AWOS) RELOCATION AND

UPGRADE PROGRESS
Construction began on the
Automated Weather Observation
System (AWOS) Relocation and
Upgrade project in July 2023.

The project was on hold for
approximately one year due to
delays in availability of electrical
equipment. The new AWOS was
installed in September 2024 and
the old AWOS was removed.

OPTIMIZING OPERATIONS
The airport purchased a new
tractor and mower deck to
improve mowing efficiency. The
new tractor and mower deck
will increase the area that is able
to get mowed each year while
freeing up staff time for additional
work items, since the old mower
was five feet wide and the
new is 15 feet wide. The airport
purchased additional snow wedge
tires for snow removal equipment
so that chains will not be required.

Using snow wedge tires rather
than chains will preserve the
airfield asphalt surfaces and
prevent rapid deterioration.

TOWN OF MAMMOTH LAKES 21 2024 YEAR IN REVIEW

LEADERSHIP

TOWN COUNCIL
Bill Sauser | Mayor
Chris Bubser | Mayor Pro Tem
Sarah Rea | Councilmember (term ended December 2024)
Amanda Rice | Councilmember
Brent Truax | Councilmember (term started December 2024) John Wentworth | Councilmember

TOWN ADMINISTRATION
Daniel C. Holler | Town Manager (retired February 2024) Rob Patterson | Town Manager (started March 2024)
& Acting Finance Director
Andrew Morris | Town Attorney
Nolan Bobroff | Community & Economic
Development Director
Stuart Brown | Parks and Recreation Director
& Public Information Officer
Dan Casabian | Police Chief
Jamie Gray | Town Clerk
Haislip Hayes | Public Works Director
& Town Engineer
Pam Kobylarz | Assistant to the Town Manager
Lawson Reif | Outdoor Recreation Manager

PLANNING & ECONOMIC

DEVELOPMENT COMMISSION
Michael Vanderhurst | Chair
Jennifer Burrows | Vice Chair *
Dawn Vereuck | Vice Chair Δ
Paul Chang | Commissioner *
Greg Eckert | Commissioner
Cynthia Fleming | Commissioner Δ
Lana Grand | Commissioner Δ
Jessica Kennedy | Commissioner *

PARKS & RECREATION

COMMISSION
Dan O’Connell | Chair
Silver Chesak | Vice Chair
Greg Newbry | Commissioner
Scott Reif | Commissioner
Ben Wisner | Commissioner
* Term ended July 2024
Δ Term started August 2024

TOWN OF MAMMOTH LAKES 22 2024 YEAR IN REVIEW

CONTACT INFORMATION
Address: 437 Old Mammoth Road, Suite 230 | P.O. Box 1609 Mammoth Lakes, CA 93546
Main Phone: 760-965-3600
Mammoth Lakes Police Department: 760-965-3700
Public Information Line: 760-965-3612 (updated during emergencies) Notify Me: townofmammothlakes.ca.gov/list.aspx
Website: townofmammothlakes.ca.gov
Facebook: facebook.com/townofmammothlakes
Instagram: instagram.com/townofmammothlakes
Email: Initial of first name and last name @townofmammothlakes.ca.gov For example, John Doe: [email protected]

Town Council of Mammoth Lakes
Minutes of Regular Meeting
March 19, 2025, 3:00 p.m.
437 Old Mammoth Road, Suite Z, Mammoth Lakes
Members Present: Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax,
Councilmember John Wentworth
_____________________________________________________________________

1. RIBBON CUTTING CEREMONY

1.1 The Town Council will participate in a ribbon cutting ceremony for the Innsbruck Lodge Affordable Housing project located at 913 Forest Trail.

Members of the Town Council participated in the ribbon cutting ceremony for the Innsbruck Lodge Affordable Housing Project.

2. CALL TO ORDER AND ROLL CALL
The Mayor called the meeting to order at 4:01 p.m. in the Council Chamber, 437 Old Mammoth Road, Suite Z, Mammoth Lakes.

3. PLEDGE OF ALLEGIANCE
Jeff Posey led the flag salute.

Town Council Minutes
March 19, 2025

4. PUBLIC COMMENTS
Betsy Truax, Mammoth Lakes Tourism (MLT) Vice President of Community Engagement, gave an update regarding the next Community Coffee, the next Community Skate Night, and air service.

Jeff Posey gave his thanks for the ice rink and said he would like to see it completed on the inside. He said that he was concerned about the traffic dangers at the Community Recreation Center.

Kim Anaclerio, Mammoth Lakes Recreation (MLR) Executive Director, gave an update regarding current MLR activities.

Brianna Goico, Mammoth Lakes Chamber of Commerce President & CEO, announced that the grand marshals for the Fourth of July Parade this year would be Chris Benchetler and Kimmy Faisani.

Bruce Woodward asked that the Christmas decorations still up on the Town's entrance monuments be taken down. He asked that the Mammoth Arts and Cultural Center plans on the Town's website be moved to the archive folder.

5. ADDITIONS TO THE AGENDA
Town Manager Rob Patterson and Town Attorney Andrew Morris outlined an item to be added to the agenda for closed session.

Moved by Councilmember Amanda Rice
Seconded by Councilmember John Wentworth
Pursuant to Government Code Section 54954.2b2, the Council hereby determines that there is a need to take immediate action and that the need for action came to the attention of the Town subsequent to the agenda being posted as specified in subdivision a, said item being:

Closed Session item regarding potential litigation against the Town.

For (5): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, and Councilmember John Wentworth Carried (5 to 0)

6. INTRODUCTIONS

6.1 Introduce new Finance Director Megan Chapman.

Town Manager Rob Patterson introduced Ms. Chapman to the Council and the community.

Town Council Minutes
March 19, 2025

6.2 Introduce new Revenue Specialist Marcy Castro.

Town Manager Rob Patterson and Finance Director Megan Chapman introduced Ms. Castro to the Council and the community.

7. REPORTS FROM COMMISSIONS AND/OR DEPARTMENTS (AS NEEDED) Parks and Recreation Director Stuart Brown gave an update regarding current parks and recreation activities.

7.1 March 2025 Office of Outdoor Recreation Update.

Town Manager Rob Patterson and Office of Outdoor Recreation Manager Lawson Reif outlined the information in the staff report. There was discussion among members of Council and staff.

7.2 Mammoth Lakes Wildfire Team Program Update.

Office of Outdoor Recreation Manager Lawson Reif outlined the information in the staff report. There was discussion among members of Council, staff, Ales Tomaier, Mammoth Lakes Fire Protection District Fire Chief, and Janet Hatfield, Whitebark Institute Resilience Program Director.

PUBLIC COMMENT:

John Urdi, Mammoth Lakes Tourism Executive Director, asked how the proactive mitigation related to insurance rates/breaks. Fire Chief Tomaier responded.

Sandy Hogan spoke about the Holiday Knolls Fire Wise Community.

8. STAFF PRESENTATIONS

8.1 Summer 2025 construction projects and Capital Improvement Plan (CIP) update.

Public Works Director Haislip Hayes outlined the information in the staff report. There was discussion among members of Council and staff.

The Mayor called a recess at 6:22 p.m. and the Council reconvened at 6:34 p.m.

9. CONSENT AGENDA
Councilmember Wentworth requested that Agenda Item 9.4, 9.7, and 9.15 was removed from the consent agenda for separate discussion.

Town Council Minutes
March 19, 2025

Councilmember Truax requested that Agenda Item 9.2 be removed from the consent agenda for separate discussion.

Moved by Councilmember Bill Sauser
Seconded by Councilmember John Wentworth
Approve the Consent Agenda, with Councilmember Truax recused on Agenda Item 9.10 and Mayor Pro Tem Rice recused on Agenda Items 9.10 and 9.12.

For (5): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, and Councilmember John Wentworth Carried (5 to 0)

9.1 Approve the minutes of the regular meeting of March 5, 2025.

9.2 Schedule interviews on April 2, 2025 for the Planning and Economic Development Commission vacancy.

This item was removed from the consent agenda for separate discussion.

There was discussion among members of Council and staff.

Schedule interviews on April 16, 2025 for the Planning and Economic Development Commission vacancy.

For (5): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, and Councilmember John Wentworth
Carried (5 to 0)

9.3 Adopt the Town of Mammoth Lakes Snow Management Policy.

9.4 Authorize the First Amendment to the Professional Services Agreement with Lise Wise Consulting Inc for the Mammoth Main Base Redevelopment project management to extend the term of the agreement and to update the billing rates.

This item was removed from the consent agenda for separate discussion.

Community and Economic Development Director Nolan Bobroff answered questions from Councilmember Wentworth. There was discussion among members of Council and staff.

Town Council Minutes
March 19, 2025

Moved by Councilmember John Wentworth
Seconded by Mayor Pro Tem Amanda Rice
Authorize the First Amendment to the Professional Services Agreement with Lise Wise Consulting Inc for the Mammoth Main Base Redevelopment project management to extend the term of the agreement and to update the billing rates.

For (5): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, and Councilmember John Wentworth
Carried (5 to 0)

9.5 Waive the reading and adopt by title only the ordinance amending Municipal Code Chapters 6.20 Feeding of Wildlife Prohibited, 8.12 Solid Waste Management, and 8.13 Construction and Demolition Waste.

9.6 Approve the resolution extending the authority of the Eastern Sierra Council of Government (ESCOG) to continue work on economic development initiatives for the Town for Catalyst Phase of California Jobs First.

9.7 Authorize the Town Manager to execute an Agreement with Zoom Recreation, Inc. for the purchase and installation of two shade structures at Mammoth Creek Park West in the amount of $93,381.22.

This item was removed from the consent agenda for separate discussion.

Town Manager Rob Patterson answered questions from Councilmember Wentworth. There was discussion among members of Council and staff.

Moved by Councilmember John Wentworth
Seconded by Councilmember Brent Truax
Authorize the Town Manager to execute an Agreement with Zoom Recreation, Inc. for the purchase and installation of two shade structures at Mammoth Creek Park West in the amount of $93,381.22.

For (5): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, and Councilmember John Wentworth

Town Council Minutes
March 19, 2025

Carried (5 to 0)

9.8 Adopt the Resolution Initiating the Proceedings to Levy Assessment, Resolution of Intention to Levy and Collect Annual Assessments within Assessment District 93-1(Juniper Ridge) for Fiscal Year 2025/26, and Resolution Approving the Annual Report, and setting the time and place for the public hearing on April 16, 2025.

9.9 Adopt the Resolution of Intention to Levy and Collect Annual Assessments within Assessment District 93-4 (The Bluffs) Maintenance District No.1 for the Fiscal Year 2025/26, approving the Annual Report, and setting the time and place for the public hearing on April 16, 2025.

9.10 Adopt the Resolution of Intention to Levy and Collect Annual Assessments within the Benefit Assessment District 2002-01 (Old Mammoth Road) for the Fiscal Year 2024/25, approving the Annual Report, and setting the time and place for the public hearing on April 16, 2025.

9.11 Adopt the Resolution of Intention to Levy and Collect Assessments within Benefit Assessment District 2002-02 (North Village) for the Fiscal Year 2025/26, approving the Annual Report, and setting the time and place for the public hearing on April 16, 2025

9.12 Adopt Resolution of Intention to Levy and Collect Annual Assessments within Assessment District 2014-1 (Mammoth View) for the Fiscal Year 2025/26, approving the Annual Report, and setting the time and place for the public hearing on April 16, 2025.

9.13 Accept the Project Closeout Report for the Dog Park Project.

9.14 Approve Settlement Agreement with Village Lodge Phase 1 HOA.

9.15 Award Architectural and Consultant Design Services Contract for the Mammoth Arts and Cultural Center to HMC Architects.

This item was removed from the consent agenda for separate discussion.

Due to a conflict of interest, Councilmember Truax recused himself and left the meeting at 6:51 p.m.

Town Council Minutes
March 19, 2025

Public Works Director Haislip Hayes answered questions from Councilmember Wentworth. There was discussion among members of Council and staff.

Councilmember Truax returned to the meeting at 6:55 p.m.

Moved by Councilmember John Wentworth
Seconded by Councilmember Bill Sauser
Finalize scope and fee negotiations and execute an agreement with HMC Architects for architectural and consultant design and construction administration services for the Mammoth Arts and Cultural Center.

Execute amendments to the contract as necessary to advance project development as authorized by the Town Council.

For (4): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, and Councilmember John Wentworth Conflict (1): Councilmember Brent Truax
Carried (4 to 0)

9.16 Accept Check Register 2/12/25 in the amount of $542,601.53. Accept Check Register 2/19/25 in the amount of $1,103,774.38. Accept Check Register 2/26/25 in the amount of $58,357.45. Accept Check Register 3/6/25 in the amount of $491,724.35.

10. PUBLIC HEARINGS

10.1 Consider approval of District Zoning Amendment 24-001, Use Permit 24-004, and Tentative Tract Map 24-003 for a subsequent amendment to the Amended Phase One Clearwater Specific Plan (CSP) located at 164 Old Mammoth Road to modify the permitted uses for the Amended Phase One CSP by adding Condominium Hotel uses
subject to a use permit and subdivision map approval. The application includes a Tentative Tract Map for the subdivision of twenty (20) units within the five four-plex structures (“Villas”) into condominium hotel units that may be sold individually. The project was previously analyzed pursuant to the California Environmental Quality Act (CEQA) in the 2021 Addendum to the Clearwater Specific Plan Environmental Impact Report.

Town Council Minutes
March 19, 2025

Due to a conflict of interest, Councilmember Truax recused himself and left the meeting at 6:55 p.m.

The Mayor opened the public hearing at 6:56 p.m.

Senior Planner Kim Cooke outlined the information in the staff report.

There was discussion among members of Council and staff.

Matt Mering, applicant, outlined the proposal. There was discussion among members of Council, staff, and the applicant team.

With no members of the public coming forward to speak, the Mayor closed the public hearing at 7:42 p.m.

Moved by Councilmember John Wentworth
Seconded by Mayor Pro Tem Amanda Rice
Waive the first reading and introduce by title only an ordinance making the required CEQA and Municipal Code findings, and approving District Zoning Amendment 24-001; and adopt the resolution, contingent upon the ordinance taking affect, making the required CEQA, Subdivision Map Act, and Municipal Code findings, and approving Tentative Tract Map 24-003 and Use Permit 24-004, with conditions are recommended by the Planning and Economic Development Commission.

For (4): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, and Councilmember John Wentworth Conflict (1): Councilmember Brent Truax
Carried (4 to 0)
Councilmember Truax returned to the meeting at 7:44 p.m.

11. POLICY MATTERS

11.1 Staff Adjustments – Mid Year Review FY24-25.

Town Manager Rob Patterson outlined the information in the staff report.

There was discussion among members of Council and staff.

CONSENSUS:

The Town Council agreed with the proposed staff adjustments.

Town Council Minutes
March 19, 2025

11.2 Presentation on budget performance through the second quarter FY24-25 and approval of Budget Amendments.

Town Manager Rob Patterson outlined the information in the staff report.

There was discussion among members of Council and staff.

PUBLIC COMMENT:

Janet Hatfield and Ryan Bobik, Whitebark Institute, outlined the need for funding due to the federal budget freezes. There was discussion among members of Council and Ms. Hatfield.

There was discussion among members of Council.

Moved by Councilmember Bill Sauser
Seconded by Mayor Pro Tem Amanda Rice
Adopt the proposed resolution amending the Fiscal Year 24-25 budget as recommended in Attachment A – Budget Adjustments. The Town Council gave direction to allow staff to remove the previous Town Council stipulation regarding partner participation on the Destination Management Plan.

For (4): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, and Councilmember John Wentworth Against (1): Councilmember Brent Truax
Carried (4 to 1)

11.3 Annual evaluation of the Town Manager and consideration of merit pay adjustment.

Town Manager Rob Patterson outlined the information in the staff report.

There was discussion among members of Council and staff.

Moved by Mayor Pro Tem Amanda Rice
Seconded by Councilmember John Wentworth
Approve the Town Manager merit adjustment recommendation of a 5% increase, resulting in an annual wage of $219,558.

For (5): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, and Councilmember John Wentworth

Town Council Minutes
March 19, 2025

Carried (5 to 0)
The Mayor called a recess at 9:14 p.m. and the Council reconvened at 9:17 p.m.

11.4 Consider resolutions and a letter opposing local forest health, wildfire mitigation, and social and economic impacts that will result from federal funding cuts.

Town Manager Rob Patterson outlined the information in the staff report.

There was discussion among members of Council and staff.

Moved by Councilmember Bill Sauser
Seconded by Councilmember Brent Truax
Adopt the resolution opposing the local impacts to forest health and wildfire mitigation that will result from federal funding and staffing cuts.

Adopt the resolution opposing the local economic and social impacts that will result from federal funding cuts. Provide direction to staff to draft a letter expressing the Town’s opposition to federal staffing and funding cuts.

For (5): Mayor Chris Bubser, Mayor Pro Tem Amanda Rice, Councilmember Bill Sauser, Councilmember Brent Truax, and Councilmember John Wentworth
Carried (5 to 0)

12. COUNCILMEMBER REPORTS
Mayor Pro Tem Rice attended the ribbon cutting ceremony for the Innsbruck Lodge Affordable Housing Project.

Councilmember Sauser attended the Local Transportation Commission (LTC) meeting, met with the Mayor for the Town Manager Compensation SubCommittee, and attended the Innsbruck Lodge Affordable Housing Project ribbon cutting ceremony.

Councilmember Truax attended the Chamber Luncheon regarding Mountain projects.

Councilmember Wentworth attended the Great Basin Air Pollution Control District Board meeting, the Land Use and Climate Initiative Technical Advisory

Town Council Minutes
March 19, 2025

Commission meeting in Sacramento, and the Mammoth Lakes Tourism (MLT) Board meeting.

Mayor Bubser announced that her office hours would be held tomorrow at 5:00 p.m. at Black Velvet Coffee. She attended the Civic Well Conference.

URGENCY ITEM CLOSED SESSION
At 9:32 p.m. the Mayor announced that the Council would be entering into closed session for anticipated litigation.

ANNOUNCEMENT OF ACTION TAKEN AFTER CLOSED SESSION
The Council reconvened from closed session at 10:23 p.m. and announced that there was no reportable action taken.

13. ADJOURNMENT
The Council adjourned the meeting at 10:23 p.m.

Jamie Gray, Town Clerk

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Approve the resolution amending the list of Town employees authorized to transfer funds into and out of the Local Agency Investment Fund (LAIF) and the California Asset Management Company (CAMP).

Council Meeting Date: 4/2/2025
Prepared by: Megan Chapman, Finance Director
Recommended Motion: Approve the resolution amending the list of Town employees authorized to transfer funds into and out of the Local Agency Investment Fund (LAIF) with the California State Treasurer’s Office and California Asset Management Company (CAMP).

Summary: The Town invests most of the funds held into either CAMP or LAIF with a separation for the diversification of risk. Both of these investment pools offer local agencies the opportunity to participate in a major portfolio with professional investment staff at no additional cost. Both of these investment vehicles provide good returns and excellent liquidity with almost immediate access to funds. The Investment Policy, adopted annually with the Operating Budget, defines the limits which can be invested in each of these vehicles. Only a small amount of the Town’s funds is held in a local bank account with Oak Valley Community Bank. The Oak Valley account is used for all current and upcoming expenses (i.e., Payroll, Accounts Payable, etc.), and revenue collection. Multiple times per year transfers will be made to or from the LAIF program, ensuring cash is on hand to cover expenses, and excess cash is moved to the interest-bearing LAIF portfolio.

LAIF authorizes users based on position titles. With the leaving of Accounting Manager Stephanie Trujillo and the starting of new Finance Director Megan Chapman, there is a need for additional permissions to be set up to ensure both CAMP and LAIF access. This resolution is submitted to request approval of the Finance Director to be given access to make the necessary transfers, per her required job duties.

RESOLUTION NO. 25-

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN

OF MAMMOTH LAKES, STATE OF CALIFORNIA,
RESCINDING RESOLUTION NO. 21-69 AND

AUTHORIZING OFFICIALS TO SIGN ON DEPOSITORY

ACCOUNTS
WHEREAS, it is necessary to ensure adequate back up for transfers to and from the State LAIF, State Local Agency Investment Fund, and CAMP (California Asset Management Company), and the Town wishes to authorize by title more than one official to make fund transfers.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Mammoth Lakes that the Town Manager, Finance Director, Accounting Manager, and the Town Clerk have authority to sign on depository accounts with local finance institutions, the State Local Agency Investment Fund, and the California Asset Management Company.

BE IT FURTHER RESOLVED that Resolution No. 21-69 is hereby repealed, except the rescission of Resolution No. 86-04, and is replaced by this Resolution.

APPROVED AND ADOPTED this 2nd day of April 2025.

CHRIS BUBSER, Mayor
ATTEST:

JAMIE GRAY, Town Clerk

1 TOWN COUNCIL STAFF REPORT
Title: Award Task Order to Kimley-Horn and Associates, Inc. for design of the Minaret-Meridian Roundabout project.

Meeting Date: April 2, 2025
Prepared by: Amy Callanan, PE, Engineering Manager
RECOMMENDATION:

Staff recommend the Town Council authorize the Town Manager to:
 Execute an agreement with Kimley-Horn and Associates, Inc. for the design of the Minaret-Meridian Roundabout project.
 Execute amendments to the agreement as necessary to advance project development.

BACKGROUND:

The intersection of the arterials Minaret Road and Meridian Boulevard, a primary connection point between commercial, residential, and recreational destinations in Town, currently operates as a signalized intersection. The existing traffic signals at this intersection have been failing, having exceeded their useful life and require excessive maintenance time and cost. Due to a lack of available replacement parts and inconsistent signal operation, the signals have been set to a permanent flashing red operation.

Though the traffic levels at the intersection are generally acceptable, it still presents safety concerns and lacks adequate ADA-compliant facilities for bicyclists and pedestrians. Also, it has been over 15 years since any significant pavement rehabilitation has occurred at the intersection and the roadway pavement are showing signs of weathering and rutting which is causing poor ride quality. Last year’s slurry seal project resulted in modest improvement, but additional rehabilitation will be required in the coming years.

Over the past year, staff have been working toward a solution for the intersection consisting of the construction of a roundabout. This concept was introduced, and some plans were developed nearly twenty years ago. Many modern roundabouts have been constructed and used successfully in our neighboring city of Truckee, which sees very similar weather conditions. The roundabout project will improve safety and traffic flow and create ADAcompliant multi-modal connectivity while addressing the unique challenges of the area.

The project will also improve stormwater quality by reducing impermeable pavement areas, reduce maintenance requirements and cost currently associated with the aging traffic signal, and rehabilitate the deteriorated pavement. In addition, the project design will dovetail seamlessly with the forthcoming construction of the Minaret MUP planned for the summer of 2026.

2 Minaret-Meridian Roundabout schematic plan
ANALYSIS:

Kimley-Horn is a consulting firm with significant experience in the design and construction of roundabouts in mountainous conditions. They produced the initial Project Study Report planning document for the roundabout project, as well as the final design plans for the aforementioned Minaret MUP. The contract with Kimley-Horn would be executed as a task order under their current on-call contract for civil engineering services. The on-call contract was executed in August 2024 following a competitive RFQ/RFP process during which many consultants submitted proposals and were selected based on professional qualifications.

FINANCIAL CONSIDERATIONS:

The civil engineering services are currently proposed to consist of a not-to-exceed hourly fee of $392,118, plus reimbursable expenses for travel and other incidentals. The project design is currently fully funded as follows:

Funding Source Amount
STIP $ 180,000
FY 24/25 2nd Qtr –
Fund 980 Capital Reserve
$ 220,000
TOTAL $ 400,000
The construction of the roundabout will be a part of larger grant funding request anticipated in coming years.

3 ENVIRONMENTAL CONSIDERATIONS:

The project is considered categorically exempt from CEQA under Section 15301(c), Minor Alteration of an Existing Facility. A Notice of Exemption was filed with Mono County on October 11, 2024.

1 TOWN COUNCIL STAFF REPORT
Title: Fiscal Year 2024-25 Mammoth Lakes Recreation Measure U Programming Funding Recommendations
Meeting Date: April 2, 2025
Prepared by: Kim Anaclerio, Executive Director - MLR
RECOMMENDATION:

Adopt the Resolution Approving Measure U (Fund 217) Allocations for fiscal year 2024/25 Special Project and Programming funding recommendations.

BACKGROUND:

Mammoth Lakes Recreation (MLR) is a non-profit organization that is committed to preserving and enriching the quality of life for residents and visitors by ensuring the strategic use of Measure R and Measure U to develop and support recreation, arts and culture, mobility, capital projects and special projects in Mammoth Lakes. MLR is the recommending body for Measure R and Measure U and conducts the allocation process annually with funding recommendations presented to Town Council for review, and approval as recommended or with modification.

The stated broad objective of the funding process is as follows: “Measure R & U Funds will be recommended, or funds invested to create, implement and support a branded highperformance destination that includes a thriving arts & culture community and enhanced recreation opportunities.”
ANALYSIS:

The recommendation of specific allocations for special projects or programming is determined through an extensive review process. The FY24/25 Measure U Application Guide stated that the applications will be evaluated for alignment with the Broad Objective, Guiding Principles and Priority Elements of the MLR Strategic Plan.

The application period opened January 6 and closed January 31, 2025.

There were 12 applicants overall:
 1 for FY24/25 Special Project Funding
 9 for FY24/25 Programming Funding
 2 applicants did not qualify as eligible
The MLR Allocations Committee had two scheduled public meetings on February 13 and 18, 2025 to publicly review applications and offer the applicants the opportunity to address the Committee. The February 13 meeting was cancelled due to a severe winter storm. All

2 applications were reviewed on February 18 and the Committee made recommendations on funding to present to the MLR Board.

MLR held a Public Hearing on March 18, 2025, where the Allocations Committee presented their recommendations to the full Board, and the applicants and public had the opportunity to comment. The Board voted to approve the Allocations Committee’s recommendations. The detailed allocations are provided in the staff report and are incorporated in the proposed resolution.

The MLR Board is recommending to Town Council Measure U expenditures of $25,000 for one (1) special project and $181,325 in programming funds for nine (9) local recreation, arts, and culture organizations from FY24/25 Measure U funds. Measure U funding recommendations for programming are included below and in the attached resolution.

Special Project Funding

1. Wind Drift Studios $25,000
Total Recommended: $25,000
Programming Funding

1. Chamber Music Unbound $32,000

2. Eastern Sierra Arts Alliance $40,000

3. Eastern Sierra Avalanche Center $11,500

4. Eastern Sierra Community Chorus $8,500

5. Friends of the Inyo $14,000

6. Mammoth Mountain Ski Patrol Alumni $19,000

7. Mono Arts Council $35,825

8. Sierra Classic Theater $10,500

9. Valentine Eastern Sierra Reserve $10,000
Total Recommended: $181,325

RESOLUTION NO. 25- _____

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF MAMMOTH LAKES, STATE OF CALIFORNIA,

APPROVING THE MAMMOTH LAKES RECREATION (MLR) ALLOCATION

COMMITTEE RECOMMENDATIONS TO SUPPORT LOCAL
PROGRAMMING FOR FISCAL YEAR 24-25 FROM MEASURE U (FUND 217) WHEREAS, the Town Council approved in March 2010 the Utility Users Tax extension at the rate of 2.5% and the tax is a special tax restricted for the funding, planning, construction, operation, maintenance, programming, and administration of facilities and projects for Mobility, Recreation, and Arts & Culture, and is commonly referred to as “Measure U”; and
WHEREAS, Mammoth Lakes Recreation (MLR) has reviewed, evaluated and are recommending the Town Council fund allocated expenditures for programming local arts and culture related events; and
WHEREAS, adequate funds are available for these purposes which are in accordance with the use of Measure U funding as set forth in Chapter 3.44 of the Mammoth Lakes Municipal Code.

NOW, THEREFORE, BE IT RESOLVED that the Town Council authorizes the Town Manager to execute the appropriate funding agreements between the approved programming entities and the Town of Mammoth Lakes in the amount of $181,325 to fund specific programing as shown in Attachment A.

BE IT FURTHER RESOVLED, that the use of allocated special project funds in the amount of $25,000 for Wind Drift Studios Project is authorized.

PASSED, APPROVED AND ADOPTED this 2nd day of April 2025.

ATTEST: ________________________
CHRIS BUBSER, Mayor
ATTEST:
_______________________
JAMIE GRAY, Town Clerk

Resolution No. 25-

ATTACHMENT A
Measure U Special Project Programming Allocations from FY24-25 Budget Special Project Funding

1. Wind Drift Studios $25,000
Total Recommended: $25,000
Programming Funding

1. Chamber Music Unbound $32,000

2. Eastern Sierra Arts Alliance $40,000

3. Eastern Sierra Avalanche Center $11,500

4. Eastern Sierra Community Chorus $8,500

5. Friends of the Inyo $14,000

6. Mammoth Mountain Ski Patrol Alumni $19,000

7. Mono Arts Council $35,825

8. Sierra Classic Theater $10,500

9. Valentine Eastern Sierra Reserve $10,000
Total Recommended: $181,325

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Fiscal Year 2024/25 recommendation approving $350,000 in Measure R Funds for a Prefabricated Climbing Boulder at Mammoth Creek Park West Council Meeting Date: 4/2/2025
Prepared by: Kim Anaclerio, MLR Executive Director
Stuart Brown, TOML Parks and Recreation Director
Recommended Motion: The Mammoth Lakes Recreation (MLR) Board is recommending the Town Council approve the use of $350,000 of Measure R funds from the Fiscal Year 2024/25 fund balance to be used by the Public Works Department to purchase and install a prefabricated climbing boulder.

Summary: Mammoth Lakes Recreation (MLR) serves as the recommending body to Town Council for the allocation and expenditure of Measure R and U funds. MLR is an independent, non-profit organization that is committed to preserving and enriching the quality of life for residents and visitors by ensuring the strategic use of these funding sources to develop and support recreation, arts and culture, mobility, capital projects and special projects in the Town of Mammoth Lakes.

The rehabilitation of Mammoth Creek Park West began in 2024 with significant progress being made on several scope of work items based on the Town Council allocation of $500,000. The Parks and Recreation Commission have been actively engaged and informed of this project with the Public Works/Engineering and Parks and Recreation Department’s providing oversight and day-to-day management of this project.

The total scope of work includes the purchase and installation of a prefabricated climbing boulder, two (2) shade structures, synthetic turf (completed), expansive grass lawn area (completed), CRC railing, park identification sign, bike racks, landscaping, hardscape, safety surfacing, and park amenities. The total cost of the Project is $850,000.

Town staff made a presentation to the MLR Board on March 18, 2025, requesting $350,000 from the current Measure R fund balance to purchase and install the prefabricated climbing boulder.

The Mammoth Lakes Outdoor Freeform Climbing Boulder is designed and built by EP Climbing and encompasses 1,117 square feet of climbing surface. The top profile varies from 11 feet to 13 feet 6 inches, with a length of 32 feet, 8 inches and a width of 16 feet 3 inches. The top deck is made of Trex in a light gray color and is approximately 425 square feet, with a surface that emulates our local granite color. The boulder will have a natural built in down-climb route, four (4) natural built in climbing routes and natural-looking climbable crack seams.

If approved, the boulder is scheduled to be installed Spring/Summer 2025 greatly enhancing the Town’s ability to expand access, availability and affordability (FREE) of parks and recreation programs and services for the community and many visitors to one of THE most popular public parks in Mammoth Lakes.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Recommendation to Reallocate $8,000 in Fiscal Year 2024/25 Measure R Special Project Funding to Community Recreation Center (CRC) Programming Amenities Council Meeting Date: 4/2/2025
Prepared by: Kim Anaclerio, MLR Executive Director
Stuart Brown, TOML Parks and Recreation Director
Recommended Motion: The Mammoth Lakes Recreation (MLR) Board is recommending the Town Council approve the use of $8,000 in previously allocated Fiscal Year 2024-25 Measure R Special Project funds be used for the Parks and Recreation Department to purchase additional programming amenities.

Summary: Mammoth Lakes Recreation (MLR) serves as the recommending body to Town Council for the allocation and expenditure of Measure R funds. Through the annual budget process for FY2024-25, MLR recommended, and Town Council approved, the allocation of $25,000 in Measure R funds for Special Projects.

As an annual allocation, Special Project funding is intended to support new programming and fulfill specific needs that arise outside of the normal budgets and operating expenses for Town amenities. MLR recommended, and the Town Council approved, the use of $25,000 in FY2024- 25 Measure R Special Project funding be used by the Parks and Recreation Department to purchase the SnapSports volleyball flooring that will increase the usability and visitation at the Mammoth RecZone. The flooring came in under budget by $8,000.

Town staff made a presentation to the MLR Board on March 18, 2025, requesting the utilization of the remaining FY2024-25 Measure R Special Project fund balance in the amount of $8,000.

Staff are looking to purchase one-time items that would greatly elevate and enhance the quality and diversity of year-round, multi-use recreation experiences at the Community Recreation Center.

Requested items include the following:

1. Indoor Volleyballs

2. Inflatable Batting Cage

3. Table Tennis Table

4. Introductory Mountain Bike Ramps

5. Introductory Skateboard Features

6. Gymnastics/Obstacle Course Equipment (Trifold Mats, Trapezoid Foam Vaulting Box, Tumbling Octagon)
If approved, the equipment would be purchased for use this summer at the Mammoth RecZone.

Mammoth Lakes Town Council
Agenda Action Sheet
Title: Public hearing in accordance with the addition of Government Code Section 3502.3 to the Meyers-Milias-Brown Act (“MMBA”), and under Assembly Bill (“AB”) 2561, to present on the status of vacancies, recruitment, and retention efforts prior to the adoption of the fiscal year 2025-26 budget.

Council Meeting Date: 4/2/2025
Prepared by: Amanda Pelham, Human Resources Manager
Recommended Motion: Conduct public hearing as required by the addition of Government Code Section 3502.3 to the MMBA under AB 2561. No action is required following the public hearing, with the exception of recording the Town of Mammoth Lakes has fulfilled the requirement to conduct the hearing.

Summary: In accordance with the addition of Government Code Section 3502.3 to the MeyersMilias-Brown Act (“MMBA”), and under Assembly Bill (“AB”) 2561, a public agency must present on the status of vacancies, recruitment, and retention efforts at a public hearing before their governing body prior to the adoption of a final budget for the fiscal year.

Per AB 2561, if the number of current vacancies exceeds 20% of the total authorized full-time positions in a particular bargaining unit, the recognized employee organizations shall be entitled to make a presentation before the governing board of the public agency (Town Council) during the same public hearing. Currently, there are no vacancies in the Mammoth Lakes Police Officers’ Association (“MLPOA”) and Mammoth Lakes Police Supervisory Association (“MLPSA”), two vacancies in the General Employees’ Association (“GEA”), two vacancies in the Management Employees’ Association (“MEA”), and one vacancy in the Public Works Employees’ Association (“PWEA”); none of the vacancies represent a percentage exceeding 20%.

AB 2561 also requires that during the hearing, the public agency must identify any necessary changes to policies, procedures, and recruitment activities that may lead to hiring obstacles. Staff have not identified any necessary changes to policies and procedures that may present obstacles in the hiring process, and the Town continues to take steps in support of recruitment and retention.

Continued efforts include: migration to a new Applicant Tracking System (NEOGOV) in October 2024; adjustments in classification and compensation through the budget process; proven leader in total compensation; sustained investment in employee development, special programs, and training opportunities; maintenance of a professional work environment by providing state-of-theart equipment, and construction of new Civic Center facility; alternative work schedules, and a focus on employee work/life balance.

AB 2561
Public Hearing
Town of Mammoth Lakes

AB 2561

Current Job Vacancies

Recruitment

Policies &
Procedures

PERSONNEL RULES

AUTHORIZATIONS TO

RECRUIT, APPOINT &
REHIRE

EXAMINATION

COORDINATION SELECTION PROCESS

PRE-EMPLOYMENT
CHECKS

JOB-PROTECTED LEAVE

ENTITLEMENTS

Hiring Obstacles
Balancing time-to-hire and hiring with
confidence and transparency
Budgetary Considerations
Compensation & Classification Analysis
Association Notification & Collaboration

Retention

Town of Mammoth Lakes HR Team

1 TOWN COUNCIL STAFF REPORT
Title: Consideration of the Amended and Restated Snowcreek Development Agreement for property located within the Snowcreek VII and VIII project sites within the Snowcreek Master Plan area. The project was previously analyzed pursuant to the California Environmental Quality Act (CEQA) in the certified Snowcreek VIII, Snowcreek Master Plan Update – 2007 Project Final Environmental Impact Report and the Snowcreek VII Mitigated Negative Declaration Meeting Date: April 2, 2025
Prepared by: Nolan Bobroff, Community & Economic Development Director RECOMMENDATION:

Waive the first reading and introduce by title only an ordinance making the required CEQA and Municipal Code findings, and approving the Amended and Restated Snowcreek Development Agreement as recommended by the Planning and Economic Development Commission.

PROJECT SUMMARY:

The 2010 Snowcreek Development Agreement (SDA)1 became effective in July 2010 and vests the entitlements granted in the Snowcreek Master Plan Update - 2007 (SMPU) for the Snowcreek VIII development and the entitlements granted under the previous 1981 Snowcreek Master Plan for the Snowcreek VII (Creekhouse) development.2 The SDA applies to the Snowcreek VII and Snowcreek VIII project areas (See Figure 1). The term of the SDA is for 20 years covering the period of July 23, 2010 – July 23, 2030; however, starting in July 2020, the term of the SDA is reduced one day for each day that construction of the hotel and expanded golf course has not commenced. Construction of these elements has not commenced and therefore, the term is currently being reduced and will expire in July 2025, unless construction of the golf course and hotel has commenced or unless an amendment to the 2010 SDA is approved that extends the term.

For a variety of reasons, the development of the Snowcreek VIII project has not progressed at the rate envisioned at the time of adoption of the SDA, and the majority of the ‘greater community benefits’ identified in the SDA have not been achieved. This is largely attributed to the fact that development of the Snowcreek VIII project has not yet begun, and all of the ‘greater community benefits’ are tied to the Snowcreek VIII development. As a result of this and the impending expiration of the SDA in July 2025, the Developer is requesting an amendment to the SDA. The Developer and the Town have negotiated and agreed to the following amendments. These amendments are included in the Amended and Restated SDA included as Exhibit A to the Ordinance (Attachment A) and are shown in track changes in Attachment B. (a) Extend the term of the SDA for an additional 20-years (from 2025 to 2045), with an option for an additional 5-year extension (to 2050) if the existing 9-hole golf course is continuously operated during the term. [2010 SDA Section 2.2]
(b) Remove the language that shortens the term of the SDA if the golf course and hotel are not constructed during a specified term. [2010 SDA Section 2.2.1.c.2]

1 Snowcreek DA: https://www.townofmammothlakes.ca.gov/DocumentCenter/View/5109 2 The Snowcreek VII (Creekhouse) project was completed during the term of the SDA.

2 (c) Require the operation of the existing 9-hole golf course for the term of the extended SDA and record a Golf Operations and Maintenance Agreement that outlines minimum operating and maintenance standards for the course.
(d) Require the permanent protection of the existing 9-hole golf course area, less the area identified for residential development (Lots 3, 4, and G of TM 09-002), for recreation and open space purposes.
(e) Encourage the Developer to work with the Town on interim recreation uses for the 94-acre golf course expansion area.
(f) Require the Developer to work with the Mammoth Lakes Fire Protection District on the construction of fire breaks through the Snowcreek VIII site. (g) Clarify the affordable housing requirements, require the provision of on-site housing units be dispersed throughout the Snowcreek VIII development, and clarify what is required for each phase of development. [2010 SDA Section(s) 2.2.3 and 4.1] (h) Reset the building permit fees, development impact fees (DIFs), and planning fees to current rates and vest the fees for the term of the extended SDA at those rates, subject to annual inflationary cost increases. [2010 SDA Section(s) 5.5.2, 5.5.4, and 6.2] (i) Require any future assignment of the SDA to be to a Developer that has comparable, or better, financial capability and experience as the current developer. [2010 SDA Section 8.1] (j) Updated the indemnification language to better protect the Town. [2010 SDA Section 11.7] (k) Added an additional force majeure circumstance that identifies a decrease in the median home sales value by 10% or more over a one-year period is considered as being an unavoidable event that warrants additional time be added to the term. [SDA Section 11.15] (l) Minor text clean-up and updates throughout the SDA.

Development agreements (DAs) are governed by State Government Code §65864 et seq. and Municipal Code Chapter 17.104 (Development Agreements). The procedure for amending a development agreement is the same as the procedure for entering into a new development agreement and requires a public hearing before both the Planning and Economic Development Commission (PEDC) and the Town Council. The PEDC unanimously recommended approval to the Town Council of the Amended and Restated SDA at a public hearing on March 18, 2025. If approved by the Town Council, the ordinance approving the Amended and Restated SDA is subject to a referendum in compliance with Government Code § 65867.5 for a period of 30 days.

FIGURE 1- PROJECT LOCATION MAP

3 BACKGROUND:

Development Agreements
Development agreements (DAs) are voluntary contracts negotiated between project proponents and public agencies (e.g. Town of Mammoth Lakes) that govern the allowable land uses in a particular project and establish the conditions to which a development will be subject. Neither an applicant nor a public agency are required to enter into a DA. The purpose of a DA is to provide a degree of certainty in the land use regulatory process and provide mutual benefits to the parties. DAs are intended to provide the developer with assurances that it will have a vested right to develop, use, and operate the project site during the term of the agreement, including the vesting of the uses and densities identified in the regulatory documents (e.g., zoning code, master plan). In return for those assurances, DAs provide the public agency (e.g., the Town) with a variety of community benefits that are negotiated between the parties and are required to be shown to be of greater benefit to the community than development under present zoning. For example, the SDA provides the Town with the following community benefits: an additional financial contribution of up to $10M beyond the fees otherwise required, affordable housing in excess of what is currently required by the MC, 8.9 acres of park area in excess of that required, preservation of the Mammoth Creek open space corridor, and secondary access to the Snowcreek V project.

Municipal Code Chapter 17.104 outlines the requirements for DAs in the Town. A DA is required to be accompanied by a development plan (e.g. the Snowcreek Master Plan Update - 2007), contain a schedule of development, and specify the length of time of the agreement. MC Chapter

17.104.040 identifies the required findings to approve a DA, which are:

A. That the agreement is consistent with the goals, policies, general land uses and programs specified in the general plan;
B. That the agreement and accompanying development plan are compatible with the uses authorized in, and the performance and development standards prescribed for, the zone classification in which the subject property is located; C. That the agreement is in conformity with and will promote public convenience, the general welfare and good land use and development practices;
D. That the agreement is shown to be of greater benefit to the community than development under present zoning; and
E. That the term or duration of the agreement has a commensurate relationship to the benefits provided.

DAs are subject to annual review, as required by State Law and Municipal Code Chapter

17.104.090, to evaluate compliance with required terms and conditions. Project proponents must demonstrate good faith compliance with the DA. DAs are recorded, which binds future owners to the requirements and obligations contained in the DA.

Review Process for the Amended and Restated SDA
The SDA was adopted by the Town Council on June 23, 2010 by Ordinance 10-08 and became effective on July 23, 2010. Since that time, the Snowcreek VII project has been completed and development of the Snowcreek VIII project has not begun. As such, and with the impending expiration of the SDA in July 2025, the Developer submitted an application requesting an amendment of the SDA in October 2023 and the Town Council accepted the application for the Amended and Restated SDA in December 2023. Following acceptance of the application, the Town and Developer began negotiating the Amended and Restated SDA. The negotiating parties are Chuck Lande, Chad Lande, and attorneys from Allen Matkins Leck Gamble Mallory & Natsis, LLP on behalf of the Developer, and Nolan Bobroff, Haislip Hayes, Rob Patterson, and Nira Doherty with Burke, Williams, Sorensen, LLP on behalf of the Town.

4 As a part of the review process, the following steps were taken:
 February 2024 - Town Council Workshop: The goal of this workshop was to provide an opportunity for the Town Council to review and provide comments on the proposed amendments to the SDA.
 July 2024 - Financial Analysis: To analyze the value of the existing community benefit package and the proposed additional community benefits, the Town contracted with Keyser Marston Associates to provide a financial analysis of the benefits. The analysis concluded that receipt by the Town of the community benefits package is sufficient to justify approving the SDA amendments being proposed by the Developer. The full financial analysis is included as Attachment C.
 August 2024 - PEDC Workshop: The goal of this workshop was to provide an opportunity for the PEDC to review and provide comments on the proposed amendments to the SDA.
 September 2024 - Town Council Workshop: The goal of this workshop was to provide a timeline for the review and processing of the amendments to the SDA.  October 2024 - Town Council and PEDC Workshops: The goal of these workshops were to provide the Town Council and the PEDC with a comparison of the development that could occur on the Snowcreek VIII site with and without the SDA.  October 2024 - February 2025: Third party review of the proposed amendments to the SDA by the law firm Burke, Williams, Sorensen, LLP.
 February 2025 - Town Council Workshop: The goal of this workshop was to have the third party consultant provide a summary of their review of the proposed amendments to the SDA.

Planning and Economic Development Commission Public Hearing On March 18, 2025, the PEDC held a public hearing to consider the Amended and Restated SDA.

The PEDC voted 5-0 to recommend approval of the project to the Town Council. At the meeting, representatives from Mammoth Community Water District, Mammoth Lakes Fire Protection District, and the Mammoth Mountain Ski Area spoke about their involvement with the project and ongoing discussions they are having with the developer related to reclaimed water, wildfire mitigation, and operation of the golf course by the ski area. There was one speaker in opposition to the project, who also submitted a comment letter (Attachment D). An analysis of the public comment letter received is in the Public Comments section below.

Snowcreek Master Plan Update – 2007 (SMPU) / Snowcreek VIII Project As indicated above, the SDA vests the entitlements granted in the Snowcreek Master Plan Update - 2007 (SMPU)3for the Snowcreek VIII development. In the event that the SDA expires, the developer can still build the project envisioned in the SMPU, but the Town would not receive any of the outstanding community benefits that have not been provided and the developer would not have a guarantee that the SMPU wouldn’t be amended.

The SMPU, which updated the original 1974 and 1981 Snowcreek Master Plans, addressed the proposed buildout of the remaining Snowcreek Master Plan area – Snowcreek VIII. The 2007 update was intended to fulfill the vision of the 1974 and 1981 Snowcreek Master Plans and serves as the zoning for the 222-acre Snowcreek VIII site. The SMPU allows for development of the Snowcreek VIII site with up to 790 residential dwelling units, a resort hotel with up to 250 rooms,

3 Snowcreek Master Plan: https://www.townofmammothlakes.ca.gov/DocumentCenter/View/562

5 150 private residence club units, up to 75,000 square feet of non-residential uses, an expansion of the existing 9-hole golf course into an 18-hole championship golf course, and various recreational amenities (i.e., multi-use paths, snow play area, and winter trails). The SMPU was approved in August 2009 (Ordinance 09-05); however, to date, no development has occurred on the Snowcreek VIII site.

The initial phase of the Snowcreek VIII project (Snowcreek VIII Phase I) was approved in September 2024 and authorized the following: (1) the subdivision of Lots 1, 2, and 3 authorizing 172 condominium “airspace” units; (2) construction of the road and multi-use path network for Phase I; and (3) completion of all required subdivision improvements (i.e., mass grading, installation of utilities, drainage infrastructure, stormwater management) for Phase I. The residential area will be developed over three sub-phases (Phase(s) 1A, 1B, and 1C). Development of Phase 1C does require the relocation of the golf course infrastructure (parking area and clubhouse) and a re-orientation of Hole 1. This work is required to be completed prior to the start of construction of Phase 1C and is required to not interfere with the seasonal operation of the golf course. The proposed subdivision does not authorize the physical construction of the residential units and a subsequent use permit and design review approval is required prior to the commencement of construction of any of the three sub-phases.

Within the Recreation area (TM 09-002 Lots 17 and 18), the Phase I subdivision is only proposing the installation of stormwater retention basins and recycled water ponds for landscape irrigation purposes. The proposed stormwater retention and recycled water infrastructure does not preclude the future expansion of the golf course on the site.

ANALYSIS:

Proposed Amendments – Amended and Restated SDA
The following is a summary of the proposed amendment requests. Additional minor revisions to the text to improve the clarity of the SDA are proposed throughout the Amended and Restated SDA. The revisions are shown in track change format in Attachment B. For the exact language of the amendments, please refer to Exhibit A of the Ordinance (Attachment A).

Term
 The term of the SDA is proposed to be extended by 20 years from 2025 to 2045. Additionally, if the Developer continuously operates the 9-hole golf course during the term of the SDA, an automatic five-year extension will be granted, thereby extending the term to 2050.

The SDA has been in place for approximately 15 years and the Town has not received any of the additional community benefits outlined in the agreement since the Snowcreek VIII project has not begun. By extending the term, it will allow for those benefits to remain in place and the Town to receive those benefits over the course of the development. It is anticipated that the development will be developed in multiple phases over an extended period of time. Without the SDA, the Developer can still construct the Snowcreek VIII project as outlined in the SMPU, but the Town would not receive any of the Community Benefits outlined in the SDA.

The additional five-year extension is intended to be a ‘carrot’ for the Developer to incentivize the continued operation of the 9-hole golf course.
 Removal of the language that shortens the term of SDA if construction of the golf course and hotel is not commenced (SDA Section 2.2.1.c.2)
Since 2020, the Developer has been losing time on the term of the SDA since construction of the hotel and 18-hole golf course has not commenced and the SDA will expire in July 2025. This “shot clock” has proven to be ineffective in forcing the construction of the hotel or golf course expansion

6 since the Developer could still construct the Snowcreek VIII project without the SDA. However, the “shot clock” does have a negative impact for the Town since the Town would not receive any of the outstanding community benefits if the SDA were terminated. The SDA specifies that market forces dictate the phasing of the development (e.g., it has taken 15 years to get to the point that the Developer is ready to begin the project) and terms that shorten the life of the SDA are not enough of a penalty to overcome market forces.
9-hole Golf Course
 Operation of the 9-Hole Golf Course: The Developer will be required to continuously operate the existing 9-hole golf course for the entire term of the SDA and record a Golf Operations and Maintenance Agreement that outlines minimum operating and maintenance standards for the course.

The continued operation of the 9-hole golf course has been a significant concern for the golf community and the residences surrounding the golf course. The Town has limited ability to force a privately owned business to operate, but through the DA negotiation process, the Developer has agreed to operate the course for the term of the Amended and Restated SDA. The operations and maintenance agreement will outline minimum standards that are intended to establish the expected annual operating period of the course and standards to ensure the safety of the community and the public (e.g., wildfire risk, nuisance abatement, and infrastructure maintenance).  Open Space Protection: The Developer will be required to permanently protect the approximately 61-acre existing 9-hole golf course area, less the area identified for residential development (Lots 3 and 4 of TM 09-002), for recreation and open space purposes.

Similar to the operation of the existing golf course, there has been significant interest in ensuring that the existing golf course area remain as open space for recreation purposes. The Developer has agreed to record a covenant on the property that permanently protects the area for recreation and open space purposes. The covenant will be similar to the covenant that protects the 94-acre golf course expansion area and will allow for the site to be developed with recreational and open space uses, such as a golf course and ancillary amenities and other recreational activities.

Recreation Amenities
 Recreation Amenities: Encourage the Developer to work with the Town on interim recreation uses for the 94-acre golf course expansion area.

There is interest from a variety of user groups in developing interim recreation uses on the 94-acre golf course expansion area, and this amendment will encourage the Developer to work with the Town on these efforts. The intent would be that none of the uses are permanent or would otherwise preclude the golf course expansion in order to provide the greatest flexibility for the Developer.

Wildfire Mitigation
 Require the Developer to work with the Mammoth Lakes Fire Protection District on the construction of fire breaks through the Snowcreek VIII site.

The recent devastating wildfires have illustrated the need for the proactive development of fire breaks to protect at-risk communities. The language in the Amended and Restated SDA requires the developer to work with the Fire District to construct a fire break through the Snowcreek VIII development area.

Fees
 The Building Permit Fees, Development Impact Fees, and Planning Fees will be set to the current rates in effect on the effective date of the amendment to the SDA. The fees will then be

7 vested at those rates for the term of the SDA and will be subject to annual increases based on the annual percentage change in the CA Construction Cost Index (CCCI).

This resets the fees from the 2010 rates to the 2025 rates. Since the adoption of the SDA in 2010, staff have tracked the SDA fees that were vested at the 2010 rates and increased annually based on the CCCI index, to analyze what savings the vested fees were providing. For the current FY, the delta between the 2010 adjusted rates and the current year rates was approximately $1,200. The reset will establish a new baseline for the fees going forward.

Affordable Housing
 Clarifies the affordable housing requirements and requires the provision of on-site housing units, payment of in-lieu fees, and use of existing credits to be proportionate throughout the development of Snowcreek VIII.

The proposed amendments to the affordable housing requirements are intended to clarify what is required during the course of the development and do not propose any changes to the amount or types of housing mitigation required in the 2010 SDA. Under the proposed changes, the Residential component of the project will be required to construct on-site units and pay in-lieu fees on a proportionate basis for each unit constructed and the Hotel component will be mitigated through the payment of in-lieu fees only.

Assignment and Assumption
 Require any future assignment of the SDA to be to a Developer that has comparable, or better, financial capability and experience as the current developer.

Pursuant to the SDA, the Town has the ability to review the qualifications of any transferee or assignee that will assume control of the Snowcreek project, and provide a reasonable objection if the entity is not qualified. The proposed language goes a step further and requires that any future developer be more qualified than the current developer.

Force Majeure
 An additional force majeure circumstance that identifies a decrease in the median home sales value by 10% or more over a one-year period is considered as being an unavoidable event that warrants additional time be added to the term. [SDA Section 11.15] The additional unavoidable event language would address any economic downturns and would provide additional time to the term of the SDA in the event of a downturn which results in the median sales value decreasing by 10% or more over a one-year period. The Town Council expressed interest for a higher percentage threshold during the 2-5-2025 workshop.

Public Comments
Notice of the public hearing was posted in The Sheet newspaper on March 22, 2025 and March 29, 2025. As of the publishing date of the packet, no public comments have been received in response to the Town Council public hearing. One written public comment was received for the PEDC public hearing, and seven public comments were previously received for the prior Town Council and PEDC workshops. Those comments are included as Attachment D.

The March 18, 2025 letter identifies three primary issues with the Amended and Restated SDA.

Those issues are: (1) the revised SDA lacks the community benefits envisioned in the 2010 SDA; (2) there are no unavoidable delays that warrant extending the SDA; and (3) authorizing the revised SDA violates CEQA. Each topic is discussed in more detail below:
(1) The revised SDA lacks the community benefits envisioned in the SDA The benefits associated with the development of the Snowcreek VIII project remain unchanged from 2010. The SDA does not change what could be developed on the site and

8 it does not change the phasing plan for the development which states “Actual construction, however, will occur in phases and subphases based on what the market will absorb at any given point in time.” Development of the hotel and the expanded golf course are still permitted uses under the SMPU, and the remainder of the benefits outlined in Exhibit B remain.

The letter goes onto to state that the community benefits have been reduced since 2010 since (1) the preservation of the Mammoth Creek open space corridor was completed and (2) the golf course is not required. The preservation of the open space was completed in 2018 with the recordation of a conservation easement with CDFW and the subsequent deeding of the property to the Town, thereby resulting in the Town receiving the community benefit envisioned in the SDA. In addition to this being a community benefit, it was also accepted by CDFW as satisfying the mitigation required in the FEIR for the disturbance of the roughly 3.13 acres of deer habitat by the Snowcreek VIII project.

Completion of a community benefit in accordance with the terms of the SDA does not mean the benefits that the community will receive as a result of the SDA have been reduced, but rather means that some benefits have been received and some will continue to be achieved in the future, resulting in the community receiving the total package of community benefits at project completion. As noted above and throughout the report, development of the golf course is still possible, and therefore would still be a community benefit if built.

Third, the letter alleges that the Snowcreek VIII project cannot move forward without the SDA since the 2010 SDA had a recital saying the developer would not move forward with the project without the SDA. The SDA does not permit or authorize development of the site, nor does it create the framework for what could be built on the site. Those are all elements of the SMPU and subsequent development permits (e.g, tentative maps, use permits, etc.), meaning that development of the site could absolutely move forward without the SDA. Additionally, recent changes in State law (e.g., SB 330) preclude jurisdictions from denying a housing project or reducing density in a housing project if the project is consistent with all objective standards. The Snowcreek VIII project and the associated SMPU qualify under this statute as a housing project and therefore severely restrict the ability for the Town to deny a housing project on the site or alter what could be built on the site.
(2) There are no unavoidable delays that warrant extending the SDA The request to extend the SDA is not being requested as the result of an unavoidable delay, but rather as an amendment pursuant to Section 10.1 in the Amended and Restated SDA.

That section reads, with emphasis added to the word extended, as follows: “Except as set forth in Section 3.1, this Agreement may be modified, amended and/or extended only by mutual written consent of the Parties and shall be approved in the same manner as adoption of this Agreement, by ordinance as set forth in the Development Agreement Statute.” (3) Authorizing the revised SDA violates CEQA
Under CEQA, when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines that one or more of the following has occurred: (1) substantial changes are proposed to the project which will require major revisions to the previous EIR; (2) substantial changes occur with respect to the circumstances under which the project is undertaken; or (3) new information that could not have been previously known shows the project will have one or more significant effects not previously discussed in the EIR,

9 significant effects previously examined will be more severe, or mitigation measures have changed that would result in a change in the significance of previously identified effects of the project.

As noted throughout this report, no changes to the project will result from the Amended and Restated SDA, which means that there are no substantial changes to the project. With regards to changes in the circumstances or the availability of new information, there is substantial case law that has determined that changes in CEQA regulations (including adding new environmental factors to the Appendix G checklist) are not considered new information that would trigger a subsequent EIR (Creed v. City of San Diego (2011) 196 Cal.App.4th 515 [GHG not new information triggering subsequent EIR]; Olen v. City of Newport Beach (2023) 93 Cal.App.5th 270 [VMT not new information triggering subsequent EIR]).

OPTIONS ANALYSIS
Option 1: Waive the first reading and introduce by title only an ordinance making the required CEQA and Municipal Code findings, and approving the Amended and Restated SDA as recommended by the Planning and Economic Development Commission.

Option 2: Waive the first reading and introduce by title only an ordinance making the required CEQA and Municipal Code findings, and approving the Amended and Restated SDA as modified by the Town Council.

Option 3: Deny approval of the Amended and Restated SDA.

Option 1 would allow the Ordinance, approving the Amended and Restated SDA, to proceed to a second reading by the Council and would become effective 30 days after the second reading.

As with Option 1, Option 2 would allow the ordinance to proceed to a second reading by the Council, but the Council’s approval would be for a modified proposal that makes changes to the Amended and Restated SDA.

Option 3 would deny the project. The Council would need to make findings for denial.

FINANCIAL CONSIDERATIONS:

All direct costs of processing, reviewing, reporting, hearing, and acting upon the Amended and Restated SDA are borne by the Applicant.

Development of the Snowcreek VIII project under the Amended and Restated SDA will result in the payment of an additional financial contribution to the Town of up to $10 million that can be used for public facilities within the Town. The Amended and Restated SDA would vest development impact, affordable housing in-lieu, application processing, and building permit fees for the entire term of the Amended and Restated SDA at the rates specified in the Amended and Restated SDA.

ENVIRONMENTAL CONSIDERATIONS:

Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the Snowcreek VIII project was analyzed in the previously certified Snowcreek VIII, Snowcreek Master Plan Update – 2007 Project Final Environmental Impact Report (SCH #2006112015) (“Snowcreek EIR”) certified by the Town Council on July 8, 2009 by Resolution 09-4 and the Snowcreek VII project was analyzed in the Snowcreek VII Mitigated Negative Declaration (the “MND”) adopted on May 24, 2006. The MND found that the Snowcreek VII project would not have a significant effect on the

10 environment with the implementation of the mitigation measures outlined in the MND. The Snowcreek EIR analyzed the impacts of the proposed Snowcreek VIII project and specified that subsequent discretionary actions that were included in the environmental analysis, such as the SDA, are not subject to additional environmental review. The Snowcreek EIR determined that the Snowcreek VIII project could result in significant and unavoidable impacts in the areas of Aesthetics, Air Quality, and Utilities and Service Systems, and a Statement of Overriding Considerations was adopted.

The Amended and Restated SDA will further implement, in part, the SMPU and Snowcreek VIII project; however, no new development is directly associated with the SDA and no modifications to the SMPU will result from the proposed changes to the SDA since the proposed changes do not change what could be built on the site. Therefore, pursuant to CEQA Guidelines §15162, no further environmental review is required. Pursuant to CEQA Guidelines §15162, when an EIR has been certified for a project, a subsequent EIR is not required for that project, unless the lead agency determines on the basis of substantial evidence that one or more of the criteria specified in Section 15162 will occur. An analysis of each criteria is provided in the Ordinance (Attachment A).

LEGAL CONSIDERATIONS:

The Town’s legal counsel and special legal counsel are part of the Town’s negotiating team for the Amended and Restated SDA and have participated in drafting the amendment language.

Section 11.7 of the SDA requires the parties to affirmatively cooperate and join in defending against any and all actions brought by any third party or parties; provided, that both the Town and Developer shall retain their respective rights to control their own defense of the litigation. In addition, the Developer shall indemnify and defend the Town with respect to any legal action or proceeding initiated by a third party against the Town’s final approval of the Amended and Restated SDA, as described in Section 11.7.2 of the Amended and Restated SDA.

Attachments:

Attachment A: Ordinance
Exhibit A: Amended and Restated Snowcreek Development Agreement Attachment B: Track Changes – Amended and Restated Snowcreek Development Agreement Attachment C: Keyser Marston Financial Analysis, July 2024 Attachment D: Public Comment Letters

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ORDINANCE NUMBER 25-XX

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF

MAMMOTH LAKES, COUNTY OF MONO, STATE OF

CALIFORNIA, APPROVING THE AMENDED AND RESTATED

SNOWCREEK DEVELOPMENT AGREEMENT BY AND AMONG

THE TOWN OF MAMMOTH LAKES, SNOWCREEK HILLTOP

DEVELOPMENT CO, LLC AND SNOWCREEK INVESTMENT

COMPANY II, LLC, FOR THE SNOWCREEK VII AND VIII
PROJECTS LOCATED ON THE “SNOWCREEK PROPERTIES”,

AS DEFINED IN THE ATTACHED AMENDED AND RESTATED

SNOWCREEK DEVELOPMENT AGREEMENT
WHEREAS, in accordance with Sections 65864 through 65869.5 of the California Government Code (“State Development Agreement Law”), the Town adopted an ordinance to add Chapter 17.104 to the Mammoth Lakes Municipal Code authorizing the use of, and imposing additional requirements on, development agreements; and WHEREAS, under the authority of Ordinance No. 10-08, the Town of Mammoth Lakes, a municipal corporation (the “Town”), Snowcreek Hilltop Development Company, L.P., a California Limited partnership (“SHDC”) and Snowcreek Investment Company L.P., a California limited partnership (“SIC”) entered into a Development Agreement, dated July 23, 2010, recorded in the Official Records of Mono County on July 13, 2010 as Document No. 2010003240 (“2010 Development Agreement”); and WHEREAS, on December 8, 2016 the owner of the Snowcreek VII project, SHDC, was approved by the Town to transfer 100% of its interest to a new owner, Snowcreek Hilltop Development Co, LLC (“SHDC LLC”), an affiliate of SHDC, and the owner of the Snowcreek VIII project, SIC, was approved by the Town to transfer 100% of its interest to a new owner, Snowcreek Investment Company II, LLC (“SIC II”), an affiliate of SIC; and
WHEREAS, the 2010 Development Agreement extends the time permitted to implement the development described in the Final Environmental Impact Report (State Clearinghouse #2006112015) (the “FEIR”), the Mitigated Negative Declaration (State Clearinghouse #2006022011) (the “MND”), and the Project Approvals, as defined in the 2010 Development Agreement (the “Snowcreek Projects”); and WHEREAS, the Snowcreek Projects consist of the Snowcreek VII project which allows for the construction of up to 118 condominium units, multi-use paths, and preservation of open space areas and the Snowcreek VIII project which allows for the construction of up to 790 residential dwelling units, a resort hotel with up to 250 rooms, 150 private residence club units, up to 75,000 square feet of non-residential uses, an expansion of the existing 9-hole golf course into an 18-hole championship golf course,

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and various recreational amenities (i.e., multi-use paths, snow play area, and winter trails); and
WHEREAS, the real property included in the Snowcreek Projects is legally described on Exhibit A-1 attached hereto and referred to herein as the “Snowcreek VII Property;” and on Exhibit A-2 attached hereto and referred to herein as the “Snowcreek VIII Property” (collectively, sometimes referred to herein as the “Snowcreek Properties”); and
WHEREAS, pursuant to authority provided by Section 10.1 of the Development Agreement, Municipal Code section 17.104.080, and Government Code section 65868, the Parties desire to amend the 2010 Development Agreement to further extend the time to implement the Snowcreek Projects; and
WHEREAS, Town staff, SHDC LLC and SIC II have prepared an Amended and Restated Snowcreek Development Agreement (“Amended and Restated Development Agreement”) for consideration by the Mammoth Lakes Planning and Economic Development Commission and Town Council; and
WHEREAS, the Planning and Economic Development Commission held a duly noticed public hearing on February 12, 2025, which was subsequently continued to the regular Commission meeting on March 12, 2025 and was then subsequently continued to a special Commission meeting on March 18, 2025, for the purpose of receiving testimony on, deliberating and making a recommendation to the Town Council regarding the Amended and Restated Development Agreement. The Planning Commission considered all public comments received and all pertinent documents, including the Staff Report dated March 18, 2025, regarding the proposed Amended and Restated Development Agreement, and adopted Resolution PEDC 2025-03 recommending approval of the Amended and Restated Development Agreement by the Town Council; and WHEREAS, on April 2, 2025, the Town Council conducted a duly noticed public hearing on the Amended and Restated Development Agreement, reviewed the staff reports, considered testimony and materials, and received into the record all pertinent documents related to the Amended and Restated Development Agreement.

WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred;

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF
MAMMOTH LAKES, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals. The above recitals are all true and correct.

Section 2. Environmental Review. The Town Council has reviewed and considered the available information and determined the Amended and Restated

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Development Agreement (i) does not propose any substantial changes to the Snowcreek Projects that would require major revisions of the EIR or MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (ii) no substantial changes have occurred with respect to the circumstances under which the Snowcreek Projects are being undertaken which would require major revisions of the FEIR or MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (iii) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete and the MND was adopted, that shows any of the following:

A. The First Amendment will have one or more significant effects not discussed in the previous EIR and MND;
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Snowcreek Projects;
D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment. (California Environmental Quality Act (“CEQA”) Guidelines section 15162.) Further, no changes to the EIR or MND are necessary pursuant to CEQA Guidelines section 15164. The Amended and Restated Development Agreement proposes no physical changes to the Snowcreek Projects and will not have any significant adverse effect on the environment that was not adequately analyzed in the FEIR and MND. The FEIR and MND were prepared and certified/adopted in accordance with the California Environmental Quality Act and the State CEQA Guidelines.

Section 3. Findings for the Amended and Restated Development Agreement. The Town Council hereby finds and determines based on the information presented herewith:

A. The Amended and Restated Development Agreement is consistent with the Town’s General Plan and each of the goals, policies, general land uses and programs since the amendments will further implement the Snowcreek Master Plan Update, which was approved by Ordinance 09-05, incorporated herein by reference, and was found to be in conformance with both the General Plan and Vision Statement.

The amendments will also further implement the Snowcreek VII project, which was approved by Planning Commission Resolution

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2006-15, incorporated herein by reference, and was found to be in conformance with the General Plan and the Snowcreek Master Plan.

B. The Amended and Restated Development Agreement is compatible with the uses authorized in, and the performance and development standards prescribed for, the zone classifications in which the Snowcreek Properties are located because the Snowcreek VII and VIII project were found to be consistent with the Resort and Open Space zoning designations that specify development standards for the project area.

C. The Amended and Restated Development Agreement is in conformity with and will promote public convenience, the general welfare and good land use and development practices because the amendments will further implement and facilitate the development of the Snowcreek Master Plan Update and Snowcreek VIII project, which are consistent with the General Plan, and have been reviewed pursuant to CEQA to reduce potential environmental impacts to the maximum extent feasible.

D. The Amended and Restated Development Agreement will be of greater benefit to the community than development under present zoning because it provides greater assurances that the Snowcreek Master Plan Update (Snowcreek VIII) project will be constructed and completed in accordance with Ordinance 09-05. The Snowcreek VII project was previously completed during the term of the 2010 Development Agreement and all benefits associated with that project have been provided. In addition, the Town will receive additional community benefits through this development as described in Exhibit B of the Amended and Restated SDA.

E. The term or duration of the Amended and Restated Development Agreement has a commensurate relationship to the benefits provided because the proposed 20-year term of the Amended and Restated Development Agreement would allow for the development to be developed in phases over an extended period of time and would provide the Developer with the assurances that they will have a vested right to develop the site during that term. In exchange for those assurances and the 20-year term, the Town would receive the benefits outlined in the Amended and Restated Development Agreement, such as the housing mitigation in excess of what the current Town’s Housing Ordinance would otherwise require (i.e., 47 units on-site housing), (b) $10M financial contribution, and (c) additional park land). Furthermore, the Developer could still construct the Snowcreek VIII project as outlined in the Snowcreek Master Plan Update without the agreement, but the Town would not receive any of the

ORDINANCE NUMBER 25-XX Page 5 of 7
4911-9990-6323 v3
Community Benefits outlined in the Amended and Restated Development Agreement.

Section 4. Approval. The Amended and Restated Development Agreement, a copy of which is attached hereto as Exhibit “A,” is hereby approved. The Town Manager and Town Attorney are authorized to execute and deliver the Amended and Restated Development Agreement on behalf of the Town.

Section 5. Recording. Pursuant to California Government Code Section 65858.5, the Town Clerk shall record with the County Recorder of the County of Mono a copy of the Amended and Restated Development Agreement within ten (10) days after the Amended and Restated Development Agreement is executed on behalf of the Town, SHDC LLC and SIC II.

Section 6. Modifications to Snowcreek Master Plan. Prior to the effective date of the Amended and Restated Development Agreement, the Director shall make minor corresponding changes to the Snowcreek Master Plan in order to ensure consistency between the Amended and Restated Development Agreement and the Snowcreek Master Plan. Said changes shall be administratively approved as minor amendments to the Snowcreek Master Plan pursuant to Mammoth Municipal Code section 17.116.070.

Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause of phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, then such decision shall not affect the validity of the remaining sections or portions of this Ordinance or part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that any one or more sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.

Section 8. Effective Date. The Mayor shall sign and the Town Clerk shall certify passage and adoption of this Ordinance, and shall cause the same to be published and posted pursuant to the provisions of law in this regard, and this Ordinance shall take effect thirty days after its final passage.

ORDINANCE NUMBER 25-XX Page 6 of 7
4911-9990-6323 v3
ADOPTED, SIGNED and APPROVED this ___ day of ____, 2025. ______________________________
Mayor, Chris Bubser
ATTEST:
_______________________________
Town Clerk, Jamie Gray

ORDINANCE NUMBER 25-XX Page 7 of 7
4911-9990-6323 v3
Exhibit “A”

AMENDED AND RESTATED SNOWCREEK DEVELOPMENT AGREEMENT
[See Attached]

.

This document is recorded for the
benefit of the Town of Mammoth Lakes
and is entitled to be recorded free
of charge in accordance with
Sections 6103 and 27383 of the
Government Code.

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Town of Mammoth Lakes
Attn: Town Clerk
P.O. Box 1609
437 Old Mammoth Road, Suite R
Mammoth Lakes, CA 93546
(Space Above For Recorder’ Use)

AMENDED AND RESTATED

DEVELOPMENT AGREEMENT
by and among
TOWN OF MAMMOTH LAKES, a municipal corporation,

SNOWCREEK HILLTOP DEVELOPMENT CO, LLC,
a Delaware limited liability company; and

SNOWCREEK INVESTMENT COMPANY II, LLC,
a Delaware limited liability company

. (i)

TABLE OF CONTENTS
Page
ARTICLE 1 DEFINITIONS ............................................................................................................8 ARTICLE 2 GENERAL PROVISIONS .......................................................................................12

2.1 Property Subject to This Development Agreement. ..............................................12

2.2 Term of Agreement. ...............................................................................................12 ARTICLE 3 APPLICABLE RULES, REGULATIONS AND POLICIES ..................................18

3.1 Vested Rules. .........................................................................................................18

3.2 Project Approvals...................................................................................................19

3.3 Vested Right to Develop. .......................................................................................20

3.4 No Conflicting Enactments. ...................................................................................21

3.5 Term of Project Approvals.....................................................................................21

3.6 Initiatives/Referendum. ..........................................................................................22

3.7 Moratoria; Growth Control Measures. ...................................................................22

3.8 Effect of Inconsistent State or Federal Laws. ........................................................22 ARTICLE 4 PROJECT PROCESSING AGREEMENTS ............................................................22

4.1 Affordable Housing Requirements. .......................................................................22

4.2 Development Schedule; Phasing............................................................................23

4.3 Snowcreek VII Master Plan. ..................................................................................24

4.4 Snowcreek VIII Master Plan Update 2007. ...........................................................24 ARTICLE 5 PROCESSING OF SUBSEQUENT PERMITS AND APPROVALS .....................24

5.1 Subsequent Permits. ...............................................................................................24

5.2 Timely Processing. .................................................................................................25

5.3 Term of Approvals. ................................................................................................25

5.4 Vesting of Approvals. ............................................................................................25

5.5 Development Fees. .................................................................................................25

5.6 Other Local, State, Federal Approvals. ..................................................................27 ARTICLE 6 PUBLIC IMPROVEMENTS AND SERVICES ......................................................27

6.1 Community Benefits. .............................................................................................27

6.2 Applicable Requirements. ......................................................................................27

6.3 Land for Propane Storage Tank Area. ...................................................................28

6.4 Bike Trail North of Old Mammoth Road & Recreational Trail Public Easement. ...............................................................................................................28

Page
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6.5 Public Access Easement for Fishing and Hiking Along Mammoth Creek............28

6.6 Fairway Drive Realignment...................................................................................28

6.7 Secondary Access Road.........................................................................................28

6.8 Emergency Vehicle Access Road. .........................................................................28

6.9 Expanded Golf Course...........................................................................................28

6.10 Cooperation with MCWD Expansion....................................................................28

6.11 Other Public Dedications and Improvements. .......................................................29

6.12 Local Economic Opportunity.................................................................................29

6.13 Bid Process.............................................................................................................29

6.14 Local Labor............................................................................................................29

6.15 Local Employment Opportunity. ...........................................................................29 ARTICLE 7 IMPLEMENTATION...............................................................................................30

7.1 Operating Memorandum........................................................................................30

7.2 Annual Review.......................................................................................................30

7.3 Statement of Compliance.......................................................................................31 ARTICLE 8 ASSIGNMENTS; MORTGAGEE PROTECTION..................................................32

8.1 Right to Assign. .....................................................................................................32

8.2 Mortgagee Protection.............................................................................................32 ARTICLE 9 DEFAULT; REMEDIES ..........................................................................................33

9.1 Events of Default. ..................................................................................................33

9.2 Notice of Default and Cure....................................................................................33

9.3 Procedure Upon an Event of Default.....................................................................34

9.4 Remedies for Non-Defaulting Party. .....................................................................34

9.5 Dispute Resolution; Legal Action..........................................................................35

9.6 Extension of Agreement Term...............................................................................36

9.7 No Cross-Defaults..................................................................................................36 ARTICLE 10 AMENDMENTS; TERMINATION.......................................................................36

10.1 Amendments. .........................................................................................................36

10.2 Release. ..................................................................................................................36

10.3 Effect of Expiration/Termination...........................................................................37 ARTICLE 11 MISCELLANEOUS ...............................................................................................37

11.1 Attorney’s Fees. .....................................................................................................37

Page
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11.2 Construction, Interpretation. ..................................................................................37

11.3 Cooperation; Further Assurances...........................................................................37

11.4 Counterparts...........................................................................................................37

11.5 Entire Agreement...................................................................................................37

11.6 Governing Law/Jurisdiction...................................................................................38

11.7 Legal Challenges—Defense and Indemnification. ................................................38

11.8 Notices. ..................................................................................................................39

11.9 Private Undertaking. ..............................................................................................39

11.10 Recordation. ........................................................................................................40

11.11 Section Headings. ..................................................................................................40

11.12 Severability. ........................................................................................................40

11.13 Successors and Assigns; Covenants Running with the Land. ...............................40

11.14 Third-Party Beneficiaries.......................................................................................40

11.15 Unavoidable Delays or Events...............................................................................40

11.16 Waiver. ........................................................................................................40

AMENDED AND RESTATED DEVELOPMENT AGREEMENT

BY AND AMONG

TOWN OF MAMMOTH LAKES, SNOWCREEK HILLTOP DEVELOPMENT CO, LLC and SNOWCREEK INVESTMENT COMPANY II, LLC
This AMENDED AND RESTATED DEVELOPMENT AGREEMENT (“Agreement”), effective as of [date], 2025 (“Effective Date”), is entered into by and among the TOWN OF MAMMOTH LAKES, a municipal corporation (the “Town”), and SNOWCREEK HILLTOP DEVELOPMENT CO, LLC, a Delaware limited liability company (“SHDC LLC”) and SNOWCREEK INVESTMENT COMPANY II, LLC, a Delaware limited liability company (“SIC II”) (collectively SHDC LLC and SIC II are sometimes referred to as “Developer” or “Snowcreek”) with reference to the following facts and intentions:

R E C I T A L S :

A. In order to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs and risk of development, the Legislature of the State of California enacted Government Code Section 65864-65869.5, et seq. (“Development Agreement Statute”). The Development Agreement Statute authorizes the Town to enter into a binding development agreement with a developer having a legal or equitable interest in real property, establishing certain development rights in such property.

B. Pursuant to the Development Agreement Statute, the Town has adopted the Development Agreement Ordinance (defined below), which sets forth rules and regulations establishing procedures and requirements for processing and approval of development agreements, including a requirement for such agreements to provide greater community benefit to the community than under present zoning, such as needed facilities, improvements or services.

This Agreement has been processed and approved in accordance with the Development Agreement Statute and the Development Agreement Ordinance.

C. SHDC LLC owns the following development project, which is affected by the terms of this Agreement: “Snowcreek VII;” and SIC II owns the following development project which is affected by the terms of this Agreement: “Snowcreek VIII” (collectively, sometimes referred to herein as the Snowcreek Projects).

The real property owned by SHDC LLC that is subject to this Agreement is legally described on Exhibit A-1 attached hereto and referred to herein as the “Snowcreek VII Property;” and the real property owned by SIC II that is subject to this Agreement is legally described on Exhibit A-2 attached hereto and referred to herein as the “Snowcreek VIII Property” (collectively, sometimes referred to herein as the “Snowcreek Properties”).

D. Since the adoption of the original Master Plan by Mono County in 1974 and the amendment/update thereto by the County in 1981, as the property has been developed by Developer’s predecessor-in-interest, many substantial community benefits have been provided to the community both by Developer’s predecessor-in-interest and by Developer. The most significant of those are:

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1. Water Rights from Arcularius Land, totaling over 4,500,000 gallons per day. The majority of these rights were conveyed in trust to the Mammoth Community Water District (“MCWD”).

2. Mammoth High School land. Approximately twenty-two (22) acres were acquired from United States Forest Service (“USFS”) and donated to the Mammoth Unified School District (“MUSD”) on November 30, 1983.

3. The Crowley Lake School Site, APN 60-110-14. Twenty (20) acres were acquired from USFS and donated to MUSD.

4. An Elementary School Site. Ten (10) acres were acquired from USFS and donated to MUSD.

5. A Water Treatment Plant site. The Water Treatment Plant site property was sold to MCWD.

6. Fire Station Site. The Fire Station site property was donated to MLFPD.

7. Snowcreek Athletic Club. The Snowcreek Athletic Club was developed as an amenity for residents of the area and the Town as a whole.

8. Golf Course. A 9-hole golf course was built and open to the public.

9. Granted easements to MCWD for Well #4 and Well #6, wells located on private land along with numerous pipeline easements to connect these wells and Well #10. Also granted an easement to the MCWD for Monitoring Well #28M on property acquired in a land exchange with the USFS.

10. As a completely voluntary act of Developer’s predecessor-in-interest and without any express or implied encouragement of the Town, two acres of land was provided for the Catholic Church.

11. Road improvements. Constructed Minaret Road offsite (no Snowcreek frontage) between the “bell” parcel and Starwood subdivision. Full road section with drainage improvements constructed for 1,200 feet north of Snowcreek ownership.

Constructed additional 1,200 feet of full width improvements between Snowcreek Crest subdivision and Starwood subdivision.

12. Less than maximum density on the site. Snowcreek VI has been designed to have less density in the Project than allowable under the current zoning regulations and Master Plan.

13. Significant landscaping and water features complete with two ponds and a waterfall.

14. Fees, Taxes and Other Positive Fiscal Impact. Snowcreek VI and every prior phase of Snowcreek have generated significant revenues (taxes, including transient

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occupancy tax, and fees, including development and art fees) for the Town and other taxing agencies.

15. SIC also has provided funds to subsidize The Snowcreek Athletic Club so that it will remain an amenity for Snowcreek residents and the Town as a whole.

E. Benefits associated with the development of the remaining portion of Snowcreek VII include:

1. Bike path/recreational trail public easement. A bike path has been completed and connects a section of trail linking the Old Mammoth area from the Snowcreek Athletic Club to the intersection of Old Mammoth Road and Minaret Road.

A 12' wide public easement has been recorded for recreational trail purposes. Trail maintenance will be paid for through a benefit assessment district. The entire bike path/recreational trail was constructed in connection with the first phase of Snowcreek VII.

2. Public access easement for fishing and hiking along Mammoth Creek. A 40' wide public access and drainage easement has been recorded along Mammoth Creek from the Athletic Club to Minaret Road.

3. The historic Wildasinn Cabin and Pelton Wheel (Knight Wheel) will remain on site and the Cabin has been restored. The Pelton wheel was originally used for mining operations in the area. It was salvaged by Charles F. Wildasinn to supply power to the Wildasinn Hotel, Mammoth’s first resort.

4. Open space areas. The Project has open space areas throughout for the enjoyment of owners and visitors to the area.

5. Recycling stations. The Project has recycling stations throughout the site that are serviced on a weekly, or as needed basis, by a recycling service.

6. Fees, Taxes and Other Positive Fiscal Impacts. Snowcreek VII has provided and will continue to provide significant revenues (taxes, including property taxes, sales and use taxes and transit occupancy taxes, and fees, including development impact fees) for the Town and other taxing agencies.

F. Benefits associated with the development of Snowcreek VIII include:

1. Increased Town revenues.
a. Transient Occupancy Tax (TOT). It is estimated that
Snowcreek VIII will generate approximately $5.3 Million annually in TOT revenue to the Town.
b. Sales Tax. It is estimated that Snowcreek VIII’s residents and visitors will make approximately $45.4 Million in taxable purchases per year in the Town for entertainment, food and retail.

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The total combined estimated sales tax revenue generated by the Snowcreek VIII Project is $477,000 per year.
c. Property Tax. At the Town’s current property tax rate, it is anticipated that the Snowcreek VIII Project will generate $733,000 in annual property tax revenue. An additional approximate $9.2 million in total annual property tax revenue will be divided among the Mammoth Lakes Fire Protection District, MUSD, County Library, MCWD and MCWD 2, Southern Mono Hospital and the Mono County general fund.
d. Utility User Tax and Franchise Fees. Estimated added utility tax revenue is $66,000. Estimated annual franchise fee revenue is $33,000.
e. Business License Tax. Total business license tax generated by the project is estimated at $9,000.
f. Intragovernmental revenues and administrative service fees.

Approximately $2,000 per year will be generated in each category.

2. A world class destination resort hotel complements the Mammoth Mountain Ski Area experience and provides a year-round tourist draw to the Town.

3. A championship level 18-hole golf course (expanding the existing 9-hole golf course) and a practice facility.

4. A Golf Clubhouse.

5. Restaurant(s), bar(s) and lounge(s).

6. Retail opportunities at the Resort Hotel.

7. Conference facilities.

8. A spa/wellness center.

9. A Commercial/Retail Facility in the Project Entry/Gateway area.

10. An Outfitters Cabin located in or near the Resort Hotel for use by residents and visitors alike, that can act as a rental facility and staging area for year-round outdoor activities.

11. Cooperation in the MCWD expansion and possible improvement and distribution of MCWD tertiary water treatment to the extent available, legally permissible and on a schedule and in volumes agreed to by MCWD and Developer.

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12. In accordance with Town regulations and the private land use covenant between the Town and Developer, provision of land for ancillary utility use (propane tank storage) to assist in meeting the Town’s predicted future energy needs in the event the site currently under consideration by the Town, Turner Gas and the USFS is determined to be unacceptable by those parties.

13. Well planned multi-use paths to facilitate the use of non-automobile forms of transportation and recreation. Careful placement of multi-use paths, sidewalks, and public plazas are included in the Project. These paths are designed to connect the Resort Hotel with the Town, the Outfitters Cabin, Commercial/Retail Facility, the existing Snowcreek Athletic Club, and Equestrian Center.

14. An internal open space corridor.

15. Transit enhancements, including:
a. A shuttle service for hotel guests to Eagle Lodge and the Village/Gondola areas.
b. Shuttle vans for residents to use, provided by the Snowcreek VIII Homeowners Association, going to major visitor stops.

16. Art Fees. The Project will provide public art on-site pursuant to the Snowcreek Master Plan Update and Section 5.5.3 herein.

17. A snow play area.

18. A mini-park.

19. A Great Lawn at the Resort Hotel, providing a large outdoor entertainment area.

20. Winter cross-country Trails on the Golf Course, for cross-country skiing and snow shoeing.

21. Convenient egress for backcountry skiers and snowshoers. The Golf Course and its cross-country trails will act as a legal, convenient portal from the Sherwins for backcountry skiers and snowshoers.

22. A secondary access road serving both Snowcreek V and Snowcreek VIII and solving a longstanding problem affecting both Snowcreek V residents and the Town.

23. An Emergency Vehicle Access road.

G. The Town acknowledges a number of project features in both Snowcreek Projects as conditioned and approved by Town Council go beyond what may legally be imposed on development projects through an entitlement process. Those greater community benefits include but are not limited to:

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1. The Additional Financial Contribution.

2. Fiscal benefits that will accrue to the Town and community through the implementation of the Project as intended that would not occur without this Agreement, including transient occupancy taxes.

3. 8.9 acres of park area provided in excess of that required in conjunction with the buildout of Snowcreek VIII.

4. Preservation of Mammoth Creek open space corridor. This was completed on July 19, 2018 upon Developer recording a conservation easement over and donating to the Town the Mammoth Creek Open Space Corridor to permanently protect it, the legal description of which is attached hereto as Exhibit K and incorporated herein by this reference.

5. Championship 18-hole golf course will be designed by a top course architect.

6. Practice facility to be designed by a top course architect.

7. Secondary access for both Snowcreek V and VIII and the Emergency Vehicle Access Road connecting the Snowcreek VIII Project to Sherwin Creek Road is in addition to Mammoth Lakes Fire Protection District (“MLFPD”) requirements.

8. Allowing egress of backcountry skiers, snowboarders, snowshoers from the Sherwin Range immediately upon approval of the Project prior to its construction and completion.

9. Programming of public spaces, including but not limited to the Great Lawn and Outfitters' Cabin, to increase visitation to the project and Town.

10. Establishment of public access across certain points of the project to allow public egress to surrounding public lands prior to Project construction and after completion and which would also provide access to an enhanced network of publicly accessible multi-use paths that is connected to the Town's trail system.

11. If needed by the Town, the Developer will provide the property described on Exhibit F attached hereto and incorporated herein by this reference for propane storage tanks.

H. As a result of the complexity, magnitude, and multi-use nature of the Snowcreek Projects, and the substantial financial investment by both parties associated with development of the Snowcreek Projects and the investment both parties plan for the Snowcreek Projects and surrounding geographic areas, the Town and the predecessors to the Developer, Snowcreek Hilltop Development Company, L.P., a California Limited partnership (“SHDC”) and Snowcreek Investment Company L.P., a California limited partnership (“SIC”) entered into a Development Agreement for the Snowcreek Projects, dated July 23, 2010 (“2010 Development

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Agreement”). The Town Council adopted Ordinance No. 10-08 authorizing the execution of and approving the 2010 Development Agreement on June 23, 2010 (“Approving Ordinance – 2010”).

Under the 2010 Development Agreement, the Town provided assurances to the predecessors of the Developer that it will have the right to develop, use and operate the Snowcreek Projects during the term of the 2010 Development Agreement, subject to all the terms and conditions set forth therein, and it was determined that by entering into the 2010 Development Agreement, the community will receive greater benefit from the Snowcreek Projects than would have been provided under present zoning, as set forth in Exhibit B to the 2010 Development Agreement. In addition, it was determined that the 2010 Development Agreement will facilitate orderly growth and quality development of the Snowcreek Projects in conformance with the goals and policies of the Town’s General Plan and the Snowcreek Master Plan Update.

I. In 2016, the Town approved the assignment of the 2010 Development Agreement to the Snowcreek VII Developer, SHDC LLC, an affiliate of SHDC, and the Snowcreek VIII Developer, SIC II, an affiliate of SIC.

J. Unless otherwise amended, the 2010 Development Agreement will expire on July 23, 2025, since construction of the Resort Hotel and the 18-hole championship golf course has not commenced as required by Section 2.2.1(c)(2) of the 2010 Development Agreement.

K. Since 2010, the Snowcreek VII project has been completed; however, the development of the Snowcreek VIII project was delayed for a variety of reasons. The Parties wish to ensure that certain development regulations contained in the 2010 Development Agreement that are in effect through July 23, 2025, continue to govern the Property. Therefore, the Parties wish to (1) extend the term of the 2010 Development Agreement by an additional 20 years beyond the current date of expiration to July 23, 2045, and (2) modify certain limited terms of the 2010 Development Agreement (“Amended and Restated Development Agreement”).

L. Exhibit B of the 2010 Development Agreement sets forth certain public benefits to be provided by the Developer. The Parties desire to ensure the continuation of certain of those public benefits and to add certain additional requirements. Exhibit B of the 2010 Development Agreement remains unchanged and is attached hereto and incorporated herein by this reference M. This Amended and Restated Development Agreement is intended to be an amendment pursuant to Government Code Section 65868. This Amended and Restated Development Agreement has been considered and approved in the same manner as the 2010 Development Agreement with public hearings pursuant to Government Code Section 65867.

N. The Town Council has evaluated the potential environmental impacts of this Amended and Restated Development Agreement and has determined that any potential impacts have been adequately analyzed in the Final Environmental Impact Report (EIR) for the Snowcreek Master Plan Update 2007, certified by the Town Council on July 8, 2009 by Town Council Resolution No. 09-45, in accordance with the California Environmental Quality Act (“CEQA”). There are no circumstances present that would require a new, subsequent or

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supplemental environmental impact report for this Amended and Restated Development Agreement, under the provisions of CEQA.

O. On [date], 2025, the Town’s Planning and Economic Development Commission (“PEDC”) held a duly noticed public hearing on this Amended and Restated Development Agreement, made findings and determinations with respect to this Amended and Restated Development Agreement, and recommended to the Town Council that the Town Council approve this Amended and Restated Development Agreement.

P. On [date], 2025, the Town Council held a duly noticed public hearing on this Amended and Restated Development Agreement and considered the PEDC’s recommendations and the testimony and information submitted by Town staff, the Developer, and members of the public. On [date], 2025, pursuant to Government Code Section 65864 et seq. and the procedures set forth in the Development Agreement Ordinance, the Town Council adopted Ordinance No. 25-__ (“Approving Ordinance – Amendment”) approving this Amended and Restated Development Agreement, authorizing its execution, and making the following specific findings pursuant to Section 17.104.040 of the Development Agreement Ordinance:

1. This Amended and Restated Development Agreement is consistent with the goals, policies, general land uses and programs specified in the Town’s General Plan.

2. This Amended and Restated Development Agreement and the development plans for the Property are compatible with the uses authorized in, and the performance and development standards prescribed in the Snowcreek Master Plan Update.

3. This Amended and Restated Development Agreement is in conformity with and will promote public convenience, the general welfare and good land use and development practices.

4. This Amended and Restated Development Agreement provides greater benefit to the community than under present zoning, including the Snowcreek Master Plan Update such as needed facilities, improvements or services.

5. The term of this Amended and Restated Development Agreement has a commensurate relationship to the benefits provided.

Q. This Amended and Restated Development Agreement shall be referred to hereinafter as the “Agreement”.

NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants set forth herein, the Town and Developer agree as follows:

ARTICLE 1

DEFINITIONS
For purposes of this Agreement, unless defined in this Article 1, capitalized terms shall have the meanings set forth in the Snowcreek Master Plan Update.

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1.1 “Additional Financial Contribution” means up to the $10 Million amount Developer has agreed to pay to the Town for purposes beneficial to the community, depending on the number of residential units and Resort Hotel Rooms/Suites actually constructed.

1.2 “Affordable Housing Mitigation Financial Framework” means the financial parameters that establish the limit for Developer's affordable housing mitigation obligations.

1.3 “Amended and Restated Development Agreement” means that certain development agreement amending and restating the 2010 Development Agreement for the Snowcreek Projects, dated [date], 2025, approved by Approving Ordinance – Amendment, and recorded in the Official Records of Mono County on [date], 2025 as Document No. ______________.

1.4 “Approving Ordinance - 2010” means Ordinance No. 10-08 of the Town Council, adopted on June 23, 2010, approving execution of the 2010 Development Agreement.

1.5 “Approving Ordinance - Amendment” means Ordinance No. 25-__ of the Town Council, adopted on [date], 2025, approving execution of this Agreement.

1.6 “Area of Geographic Nexus” means the area described as the “Snowcreek District Sphere of Influence” and the “Sherwin Area Recreation Plan” as described in Exhibit J.

1.7 “Assignment Agreement” is defined in Section 8.1 and a form is attached as Exhibit G.

1.8 “Building Permit” means any building permit including but not limited to permits for grading, excavation, demolition, site preparation, building, superstructure, or any permits required for earth disturbing activities.

1.9 “Code” means the Town of Mammoth Lakes Municipal Code, as amended as of the Effective Date.

1.10 “COLA” means the cost of living adjustment codified in section 15.16.090 of the Code.

1.11 “Community Development Director” means the person so designated by the Town Manager or his designee.

1.12 “County” means Mono County, California.

1.13 “Developer” means the Party or Parties who sign this Agreement as Developer, and, subject to the restrictions on assignment set forth herein, successor Owners.

1.14 “2010 Development Agreement” means that certain Development Agreement for the Snowcreek Projects, dated July 23, 2010, approved by Approving Ordinance – 2010 and recorded in the Official Records of Mono County on July 13, 2010 as Document No. 2010003240.

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1.15 “Development Agreement Ordinance” means Chapter 17.104 of the Code.

1.16 “Development Agreement Statute” means Government Code Section 65864, et seq.

1.17 “Development Impact Fees” means Development Impact Mitigation Fees as defined in the DIF Resolution, but as applied to the Snowcreek Projects in accordance with this Agreement.

1.18 “DIF Resolution” means Resolution 24-41 approved by the Town Council on June 19, 2024.

1.19 “Effective Date” means the effective date of the Approving Ordinance – Amendment, which shall mean the thirty-first (31st) day following the adoption of the Approving Ordinance – Amendment by the Town Council.

1.20 “Existing 9-hole Golf Course” means a 9-hole golf course located on Lot 16 of TM 09-002, the operation and maintenance of which will be subject to the Golf Course Operations and Maintenance Plan.

1.21 “Fiscal Year” means each fiscal year of the Town (July 1 through June 30), beginning with the fiscal year in which the Effective Date of this Agreement occurs.

1.22 “General Plan” means the Town of Mammoth Lakes General Plan, approved in 2007, as amended by GPA 2009-01.

1.23 “Litigation Challenge” means any court action or proceeding instituted by a third-party or other governmental entity or official challenging the validity of any of the Project Approvals.

1.24 “Lot” shall mean any legally subdivided lot or parcel within the Property, from time to time.

1.25 “Master Developer” means SNOWCREEK HILLTOP DEVELOPMENT CO, LLC., a Delaware limited liability company, and SNOWCREEK INVESTMENT COMPANY II, LLC, a Delaware limited liability company.

1.26 “Master Plan” means the approved development plan pertaining to Snowcreek, approved April 1981, that regulates uses and development standards on all portions of Snowcreek other than Snowcreek VIII.

1.27 “Mortgagee” means a mortgagee under any mortgage or a beneficiary under a deed of trust affecting any portion of the Property.

1.28 “Official Records” means the official records maintained in the Recorder’s Office of Mono County, California.

1.29 “Operating Memorandum” is defined in Section 7.1.

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1.30 “Owner” means each owner of record fee title to all or any portion of the Snowcreek Project, during the time such party holds the requisite ownership interest. As of the Effective Date, each Developer (including Master Developer) is an Owner.

1.31 “Party” means, individually, and “Parties” means, collectively, the parties to this Agreement, consisting of the Town (and its successors and assigns hereunder) and Developer (including, subject to the restrictions on assignment set forth herein, successor Owners).

1.32 PEDC” means the Planning and Economic Development Commission of the Town of Mammoth Lakes

1.33 “Person” means any individual or legal entity.

1.34 “Project Approvals” is defined in Section 3.2.

1.35 “Property” means the property legally described in Exhibits A-1 and A-2.

1.36 “Public Improvements” means the public facilities, infrastructure and improvements constructed by Developer in connection with the Snowcreek Projects.

1.37 “SNOWCREEK HILLTOP DEVELOPMENT CO, LLC Affiliate” means an entity controlled by, controlling, or under common control with SHDC LLC, Developer herein.

For purposes of this definition, “control” means the possession, directly or indirectly, of (a) an ownership in the applicable entity and (b) power to direct or cause the direction of the management and policies of such entity.

1.38 “SNOWCREEK INVESTMENT COMPANY II, LLC Affiliate” means an entity controlled by, controlling, or under common control with SIC II, Developer defined herein. For purposes of this definition, “control” means the possession, directly or indirectly, of (a) an ownership in the applicable entity and (b) power to direct or cause the direction of the management and policies of such entity.

1.39 “Snowcreek Master Plan Update” or “Master Plan Update” means the Town approved development plan, including Appendix B, Design Guidelines and Appendix C, Landscape Master Plan, governing Snowcreek VIII, submitted in 2007 and approved by the Town Council on August 5, 2009, by Ordinance No. 2009-05, and as may be modified from time to time by Developer in accordance with Town requirements.

1.40 “Snowcreek Project” means, individually, and “Snowcreek Projects” means, collectively, the development projects identified in Recital D, which are being developed or are to be developed, on the Snowcreek VII Property or Snowcreek VIII Property as anticipated by the Project Approvals.

1.41 “Subordination Agreement” is defined in Section 8.2.1 and a form is attached as Exhibit H.

1.42 “Subsequent Permits” is defined in Section 5.1.1.

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1.43 “Term” means the term of this Agreement, as defined in Section 2.2.

1.44 “This Agreement” means this Amended and Restated Development Agreement, which amends and restates the 2010 Development Agreement.

1.45 “Town Council” means the Town Council of the Town of Mammoth Lakes, its governing body.

1.46 “Town Manager” means the person so designated by the Town pursuant to the Code or his/her designee.

1.47 “Town Parties” means the Town and its elected officials, officers, contractors serving as Town officials, agents, and employees.

1.48 “Unavoidable Delays or Events” as defined in Section 11.15.

1.49 “Vested Rules” are defined in Section 3.1.

ARTICLE 2

GENERAL PROVISIONS

2.1 Property Subject to This Development Agreement. This Agreement shall benefit and encumber the Property to be developed as the Snowcreek Projects (collectively the “Properties”).

2.2 Term of Agreement. The Term of this Agreement shall continue in full force and effect until July 23, 2045 with one automatic five (5) year extension provided the Existing 9-hole Golf Course is operated and maintained in accordance with Section 2.2.1.1 and Section 2.2.1.2 for the entirety of the Term, unless (i) earlier terminated as provided herein, or (ii) extended as provided in Section 11.15. The Term has been established by the Parties as a reasonable estimate of the time required to develop the Snowcreek Projects and obtain the public benefit of the Snowcreek Projects.

2.2.1 Subject to section 11.15, Developer shall satisfactorily satisfy and complete the following milestones and obligations:

2.2.1.1 Existing 9-Hole Golf Course Operations. As a specific inducement to entering into this Agreement and conferring Developer the Term, the Town wishes to ensure the consistent operation and maintenance of the Existing 9-hole Golf Course for the duration of this Agreement. To that end, Developer will operate and maintain for the duration of the Term of the Agreement, the Existing 9-hole Golf Course subject to the following requirements:
(i) Operating Season. Developer shall operate and ensure that the Existing 9-hole Golf Course remains open and
accessible to the public every year from Memorial Day
through the final day of September (hereinafter the

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“Operating Season”). The Operating Season may be
reduced and/or changed under the following circumstances:
(A) Developer may, at their election, reduce the
Operating Season by opening the Existing 9-hole
Golf Course up to three weeks following Memorial
Day and closing the Existing 9-hole Golf Course up
to three weeks prior to the final day of September.
(B) The Operating Season may be reduced due to
floods, snow or ice on the golf course, earthquakes,
fires, acts of God, or governmental restrictions
imposed or mandated by governmental entities (but
only as to closure of businesses such as the Existing
9-hole Golf Course) (“Unexpected Events”). Upon
the occurrence of any Unexpected Event, the
Operating Season may be reduced for the duration
of the Unexpected Event. Additionally, if upon July
1 of any given year, any Unexpected Event, in
Developer’s judgment, has resulted in the Existing
9-hole Golf Course being in a condition that is
unusable for its intended purpose thereby resulting
in Developer not being able to open the Existing 9-
hole Golf Course until on or after July 1 of any
given year, the Developer shall be relieved of its
obligation to open the Existing 9-hole Golf Course
in said given year.

2.2.1.2 Operations and Maintenance of Existing 9-Hole Golf Course.

Within 180 days of the recordation of this Development Agreement, Developer and Town shall enter into and record an Operations and Maintenance Agreement for the Existing 9-hole Golf Course (hereinafter the “9-hole Golf Course Operations and Maintenance Plan”), which provides the following minimum provisions and standards: (1) maintenance standards to ensure the safety of the public and the community with regards to wildfire risk, nuisance prevention, and infrastructure improvements; and (2) a commitment to maintaining and operating the Existing 9- hole Golf Course in a comparable manner to the Sierra Star Golf Course located at 2001 Sierra Star Parkway, Mammoth Lakes, CA 93546, including but not limited to the golf course conditions and golf course equipment.

2.2.1.3 9-Hole Golf Covenant. Within 180 days of recordation of this Agreement, Developer shall record a covenant that permanently protects the Existing 9-hole Golf Course area (“9-Hole Golf Covenant”), less the area identified in the Master Plan Update that is intended for residential purposes on Lot(s) 3 and 4 of TM 09-002 and the area intended for road purposes on Lot G in TM 09-002, for recreation and open space purposes. The covenant shall be in a form that is acceptable to the Town.

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2.2.1.4 Backcountry Skier Egress. Developer has already allowed egress of backcountry skiers, snowboarders and snowshoers from the Sherwin Range prior to the Effective Date of this Agreement and shall continue to allow that egress during the pendency of construction of that portion of the Projects so long as Developer, at its sole election, determines that such egress shall not negatively affect public safety.

2.2.1.5 Phasing and Performance. The Vested Rules contemplate the Snowcreek Projects shall be developed in phases. Actual construction, however, will occur in phases and subphases based on what the market will absorb at any given point in time. It is the intention of the parties for each phase or subphase of the Projects to provide all of the facilities, programs (including affordable housing), features, amenities, access and easements described in the Vested Rules as well as payment of all fees at the time set forth in the Vested Rules, related to that phase or subphase. The parties agree to discuss the actual phasing of development and the associated timing for completion of the facilities, programs (including affordable housing), features, amenities, access and easements in connection with the application for each use permit or Subsequent Permit.

2.2.1.6 Use of Golf Course Expansion Area. Should Developer wish to allow interim recreation uses by others within the 94-acre golf course expansion area, Parties shall negotiate an agreement in good faith regarding a lease or other property interest from Developer to Town of all, or a portion of, the 94-acre golf course expansion area for recreational uses. Such interim uses shall not prevent or preclude the Expanded Golf Course from being developed.

2.2.1.7 Wildfire Mitigation. Within 180 days of the Effective Date of this Agreement, Developer and Mammoth Lakes Fire Protection District (“MLFPD”) shall enter into an agreement allowing for development of a fire break through the Snowcreek VIII property that incorporates existing roads and trails into the design. Developer shall have the final approval of the alignment and said fire break shall not prohibit or prevent future development of the site in accordance with the Master Plan.

Developer is encouraged to work with the MLFPD and the Town on the future site design of the Snowcreek VIII project to address wildfire risk to the Snowcreek Projects and the community as a whole and incorporate wildfire mitigation features into the site design.

2.2.2 The Additional Financial Contribution (AFC) shall be calculated and paid in accordance with the following:
a. The AFC shall be divided by the number of residential units and Resort Hotel Rooms/Suites approved by the Town Council to determine a pro rata amount per unit. Assuming all entitled units are constructed, this results in a pro rata contribution of approximately $10,101 per residential unit and $5,050 per ½ hotel unit.
b. For the residential units, the pro rata contribution shall be paid at the time of the issuance of the first Building Permit for each unit. For Resort Hotel Rooms/Suites (which constitute ½ unit as explained in the

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Snowcreek Master Plan Update), the pro rata contribution shall be paid prior to the issuance of a Certificate of Occupancy for each unit, room or suite.
c. It is intended the AFC will be utilized for public facilities within the Area of Geographic Nexus.
d. The AFC and the off-site affordable housing in-lieu fee shall be subject to the following:

1. When the average retail sale price of market rate residential and private residence club (PRC) units is greater than $800.00 and less than $1,000.00 per square foot, the AFC and off-site affordable housing in-lieu fee shall be indexed at 50% of the U.S. National CPI.

2. When the average retail sale price of market rate residential and private residence club units is $1,000.00 or greater per square foot, the AFC and off-site affordable housing in-lieu fee shall be indexed at 100% of the U.S. National CPI.

3. Publicly available Project sales price activity shall be reviewed during the Annual Review, pursuant to Section 7.2.

2.2.3 The Affordable Housing Mitigation Financial Framework shall be comprised of the following elements:

2.2.3.1 Project Summary (excluding commercial). The Snowcreek Master Plan Update contemplates 790 residential units (“Residential Units”) and 400 Resort Hotel Rooms/Suites and Private Residence Club units (“Hotel Units”), each of which constitute ½ unit as set forth in the Snowcreek Master Plan Update, for a total of 990 units. 990 units (assuming full buildout) less the number of on-site deed restricted units (i.e., 47 units) are the “Market Rate Units” (i.e., 943 units total, 743 of which are Residential Units and 400 of which are 1/2 Hotel Units). Affordable housing mitigation shall not be required for any non-residential or commercial land use on the site including ancillary commercial uses within the Resort Hotel.

2.2.3.2 Ratio of On-Site to Off-Site Mitigation. The affordable housing requirement for Snowcreek VIII shall be ten percent (10)%) of the total number of Market Rate Units built, which would result in 94 affordable housing units if all entitled units are built (“Affordable Housing Requirement”). Of the 94 affordable housing units under a full buildout scenario, 74 units are required for the full buildout of the Residential Units and 20 units are required for the full buildout of the Hotel Units. Developer shall meet the Affordable Housing Requirement as follows:
(i) At least fifty percent (50%) of the Affordable Housing Requirement (i.e., 47 units) will be met through the
provision of on-site deed-restricted affordable housing units as described herein (“Required Affordable Units”).

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(ii) The remaining Affordable Housing Requirement (i.e., 47 units) shall be met through a combination of payment of Affordable Housing In-Lieu Fees (“In-Lieu Fee”) to be
used for off-site affordable housing and use of the
Developer-owned Full Time Equivalent Employee credits
(“FTEE Credits”) as described herein.
(iii) Assuming full buildout, the value of the Affordable Housing Requirement shall mean the value of the 47 units of Required Affordable Units and the combined value of
the In-Lieu Fee and the Developer-owned FTEE Credits ,
which combined are equal to 47 units (“Total Affordable Housing Cost”).

2.2.3.3 Features of the Required Affordable Units.
(i) The Required Affordable Units shall be deed restricted for fifty-five (55) years to households earning up to 175-200% of Mono County Area Median Income (AMI). Fifty percent
(50%) of the Required Affordable Units shall be sold to families whose income is no greater than 175% of AMI for Mono County and fifty percent (50%) of the Required
Affordable Units shall be sold to families whose income is no greater than 200% of AMI for Mono County.
(ii) The Affordable Housing Requirement for the Hotel Units may be satisfied solely through the provision of In-Lieu Fees and use of FTEE credits.
(iii) The Required Affordable Units shall be dispersed
throughout the Project in the Residential Planning Area within each phase of residential development and the
conditions of approval for each phase of residential
development that requires the provision of Required
Affordable Units shall specify the number of Required
Affordable Units that will be built within said phase.
(iv) Prior to or concurrently with the issuance of building permits for Market Rate Residential Units, Developer shall obtain building permits for a proportionate number of the Required Affordable Units in accordance with Section

4.1.1 and 4.1.2.1. The Town shall not issue certificates of occupancy for the next phase of Market Rate Residential Units until a proportionate number of Required Affordable Units for the prior phase are under construction. For
purposes of this section, “under construction” shall mean

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Developer has obtained Town Building Inspector sign-off of rough framing.
(v) Prior to the issuance of the first Building Permit for any Required Affordable Unit, Developer shall record a sitespecific affordable housing covenant (“Affordable Housing Covenant”) affirming the affordability requirements of each Unit. The covenant shall be in a form acceptable to the Town.
(vi) One, two, three and four bedroom affordable units may be built. The average number of bedrooms per Required
Affordable Unit shall be equal to two bedrooms.
(vii) Required Affordable Units cannot be rented/leased as a transient rental (as defined in the Mammoth Lakes
Municipal Code). Required Affordable Units may be
leased long term to income qualifying households in
accordance with the terms of each Affordable Housing
Covenant.

2.2.3.4 Features of the In-Lieu Fee Program
(i) The In-Lieu Fee shall be $85,000 per unit.
(ii) Developer owns 16.5 FTEE Credits. Any In-Lieu Fee shall be reduced by the number of FTEE Credits prior to
Developer’s obligation to provide any In-Lieu Fees. FTEE Credits shall not be used to reduce the number of Required Affordable Units.
(iii) Developer may elect to provide additional on-site affordable units instead of paying In-Lieu Fees. Should Developer elect to do so, the provision of said units shall be subject to the same conditions and process for Required Affordable Units detailed in sections 2.2.3.3 and 4.1.
(iv) The conditions of approval for each phase of Market Rate Unit development shall specify the amount of In-Lieu Fees and/or FTEE Credits that will be paid, or used, for said phase. Payment of In-Lieu Fees will become due at time of issuance of the first Building Permit for said phase of development. Use of the FTEE Credits shall be
documented in an Assignment of Credits executed by the
Town and Developer prior to the issuance of the first
Building Permit for said phase of development.

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ARTICLE 3

APPLICABLE RULES, REGULATIONS AND POLICIES

3.1 Vested Rules. “Vested Rules” mean, collectively, the ordinances, resolutions (including, but not limited to, the DIF Resolution), rules, regulations, requirements, Master Plan at Mammoth (with respect to Snowcreek VII approved in 1981), Snowcreek Master Plan Update 2007 (with respect to Snowcreek VIII approved in 2009), and official policies of the Town in effect as of the Effective Date, whether set forth in the General Plan, the Code or otherwise, which govern the following, to the extent applicable to the Snowcreek Properties and Snowcreek Projects: development agreements; permitted uses; density and building intensity; growth control; zoning designations and regulations; subdivision, improvement, grading, landscaping and signage; design, development, improvement and construction standards and specifications; standards and requirements for public reservations and dedications, public improvements and facilities, transit, parking, open space, employee housing and affordable housing; standards and requirements for processing of Subsequent Permits (as defined in Section 5.1.1); and the Project Approvals described in Section 3.2. The Vested Rules do not include (i) uniform building codes or standards, or changes thereto from time to time or (ii) subject to the proviso clause of section 3.8, any other rule, law or policy adopted by the Town Council, after review at one or more public meetings, that applies generally throughout the Town’s jurisdiction, but only if, based on substantial evidence, the Town Council finds failure to apply such rule, law or policy would place the residents of the Town in a condition dangerous to their health and safety. A list of the Vested Rules as of the Effective Date is attached hereto as Exhibit C. A compilation of complete copies of the Vested Rules as of the Effective Date has been prepared by the Town and Developer, and they are contained in a binder with the title “Snowcreek VII & VIII Development Agreement—Vested Rules” on file in the offices of the Town Clerk of the Town and in the Master Developer’s office in Mammoth Lakes, California. Various Subsequent Permits, such as tentative subdivision maps, grading permits and use permits, are required in order to implement the development of the Snowcreek Projects under the terms of the Vested Rules. In addition, Subsequent Permits, such as a change in zoning standards, may be desirable due to changes in development products or standards or for other reasons during the Term of this Agreement. This Agreement and the vested right to develop are not intended to preclude changes or additions to the Vested Rules which (i) Town reasonably imposes as a result of Developer’s request to make a change or addition to one or more of the Vested Rules or (ii) are mutually acceptable. All Subsequent Permits shall be processed in accordance with the procedures, standards and requirements set forth in the Vested Rules, except to the extent changes to the Vested Rules are proposed by the Subsequent Permit, and the Subsequent Permits shall be incorporated into (and amend or supplement, as appropriate) the Vested Rules upon adoption by the Town and approval by the affected Developer(s). If Developer proposes any amendment or addition to the Vested Rules, then the application therefore shall clearly indicate such request, and, if the application is reasonably approved by the Town, then the Town’s action shall clearly state that the Vested Rules have been amended or supplemented. If an amendment or supplement to the Vested Rules is adopted by the Town other than pursuant to an application by a Developer, then it shall amend or supplement the Vested Rules only if the affected Developer(s) approved the same in writing.

Nothing contained herein expressly or impliedly requires the Town to approve or conditionally approve any amendment or addition to the Vested Rules.

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3.2 Project Approvals. “Project Approvals” means: (a) the existing Town permits, approvals and entitlements for the Projects set forth below in this Section 3.2; plus (b) any amendments or additions to the Project Approvals and any Subsequent Permits (as defined in Section 5.1.1) which are subsequently issued by the Town and approved by Developer, in accordance with the procedures described in Section 3.1. The Project Approvals are included in the Vested Rules.

3.2.1 Snowcreek VII. The existing Project Approvals approved by the Town for the Snowcreek VII Project, are the following:

3.2.1.1 Master Plan at Mammoth, approved by Mono County.

3.2.1.2 Final Tract Map 36-236A for Phase 1 recorded 7/10/07, Book 10, Page 105.

3.2.1.3 Final Tract Map 36-236B for Phase 2 recorded 10/9/2019, Book 11, Page 15.

3.2.1.4 Final Tract Map 36-236C for Phase 3 recorded 4/8/2021, Book 12, Page 17.

3.2.1.5 Tentative Tract Map 36-236 for Phases 2 and 3 as modified by Resolution PC2009-01 and as further modified by this Agreement with respect to Special Planning Condition of Approval No. 11 in Resolution 2006-15, which shall read as originally approved (new italicized language is hereby deleted).

3.2.1.6 Use Permit 2005-11 approved by Resolution 2006-15, dated 5/24/06, as modified by Resolution PC 2009-01.

3.2.1.7 Grading Permits: Restricted Permit 2006-15 dated 4/24/07, Full Phase I Permit 2006-15 dated (in error) 4/24/07 (signed May 3, 2007); Amendment 01 to Grading Permit 2006-15 allowing dirt stockpiling on Snowcreek VIII property, dated 8/2/07.

3.2.1.8 Building Permits for Buildings 1 - 39.

3.2.1.9 Encroachment Permit 2006-10 dated 9/21/06 for sewer line and water line work.

3.2.1.10 Improvement Permit 2006-20 dated 6/18/06 for water line work.

3.2.1.11 Permit 2007-164041 dated 4/28/08 allowing Rec Building Remodel.

3.2.1.12 Certificates of Occupancy for Buildings 1 – 39.

The permitted uses, the density or intensity of use, the zoning, the maximum height and size of buildings, the provisions for reservation and dedication of land, and the subdivision or use

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permit improvement requirements for Snowcreek VII are set forth in the existing Project Approvals, as supplemented by Subsequent Permits issued in conformance with the Vested Rules.

3.2.2 Snowcreek VIII. The existing Project Approvals approved by the Town for the Snowcreek VIII Project, are the following:

3.2.2.1 General Plan Amendment to the Urban Growth Boundary.

3.2.2.2 Zone Code Amendment to effectuate the Snowcreek VIII Master Plan Update 2007, approved on August 5, 2009 (“Snowcreek Master Plan Update 2007”).

Permitted uses for the Snowcreek VIII portion of the Snowcreek Projects are set forth in the Snowcreek Master Plan Update 2007.

3.2.2.3 Snowcreek VIII Master Plan Update 2007, approved on July 8, 2009 (“Snowcreek Master Plan Update 2007”). Permitted uses for the Snowcreek VIII portion of the Snowcreek Projects are set forth in the Snowcreek Master Plan Update 2007.

3.2.2.4 Conditional Use Permit # 88-19 approved 4/12/1989 for the current 9-hole golf course existing on the Snowcreek VIII Property.

3.2.2.5 Tentative Tract Map 09-002 to allow parcelization of approximately 222 acres within the Snowcreek Master Plan Update Area approved by Resolution on December 9, 2009, and recorded on January 14, 2010.

3.2.2.6 Final Tract Map 09-002 for the parcelization of the approximately 222 acres within the Snowcreek Master Plan Update Area, recorded 8/31/2023, Book 12, Page 22A.

3.2.2.7 CDDD 2009-25 for AP 09-004 dated 1/12/10 approving the temporary restaurant at the Golf Course and extending the use permit on the existing temporary clubhouse.

3.2.2.8 Resolution No. PEDC 2024-11 for Tentative Tract Map 23-002 and Use Permit 23-003 approving the Phase I subdivision for Snowcreek VIII, dated 9/11/2024.

The permitted uses, the density or intensity of use, the zoning, the maximum height and size of buildings, the provisions for reservation and dedication of land, and the subdivision or use permit improvement requirements for the Snowcreek Projects are set forth in the existing Project Approvals, as supplemented by Subsequent Permits issued in conformance with the Vested Rules.

3.3 Vested Right to Develop. During the Term of this Agreement, with regard to the Snowcreek Projects listed in Recital D and the Property legally defined in Exhibit A, Developer is assured, and the Town agrees, the development rights, obligations, terms and conditions specified in the Project Approvals, the other Vested Rules and this Agreement are fully vested in Developer and may not be changed or modified by the Town, whether by administrative action or legislative action, except as may be expressly permitted by and in accordance with the terms

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and conditions of this Agreement, or as may be expressly consented to by Developer. Developer shall have the vested right to develop and construct the Snowcreek Projects on the Snowcreek Properties and each portion thereof, in accordance with the Project Approvals, the other Vested Rules and this Agreement.

3.4 No Conflicting Enactments. Except as provided in Section 3.3 of this Agreement, during the Term of this Agreement, the Town shall not, without the prior written consent of Developer, do any of the following:

3.4.1 Apply to the Snowcreek Projects or the Snowcreek Properties, or any portion thereof, any change in the Vested Rules or any new or amended rule, ordinance, resolution, regulation, requirement or official policy which conflicts with or is inconsistent with this Agreement, or which reduces the development rights provided by this Agreement, or which limits or reduces the permitted uses allowed under the Vested Rules, or which prevents, impedes or materially adversely affects development, construction or operation of the Snowcreek Projects or any portion thereof in accordance with the Vested Rules, or which discriminates against Developer or the Snowcreek Projects or any portion thereof, or which applies only to the 2009 Projects or a portion thereof.

3.4.2 Apply to the Snowcreek Projects or the Snowcreek Properties any new rule, ordinance, resolution, regulation, requirement or official policy that requires any additional discretionary review or approval.

3.4.3 Apply to the Snowcreek Projects or the Snowcreek Properties any new or amended rule, ordinance, resolution, regulation, requirement or official policy that materially, adversely affects the timing or phasing of construction or development or that limits the availability of utilities, infrastructure or public services for the Snowcreek Projects or the Snowcreek Properties.

3.5 Term of Project Approvals. To the extent allowed by the Subdivision Map Act, the term of any tentative map approved for any portion of the Property, whether as stated in the existing Project Approvals, or as stated in any subsequent amendment or addition to the Project Approvals, including, but not limited to, any tentative parcel map, tentative tract map, vesting tentative tract map or vesting tentative parcel map, any amendment of any such map, and any subdivision improvement agreement entered into in connection with any of the aforementioned maps, shall be automatically extended for the Term of this Agreement. Similarly, the term of any Project Approvals approved for any portion of the Property, whether now existing or subsequently approved, shall be automatically extended for the Term of this Agreement. In addition, in accordance with Government Code sections 66452.6(b)(1), (2) and (3), the term of any map or other Project Approval shall be extended for a period equal to any period of time during which: (a) a development moratorium exists, including, but not limited to, a water or sewer moratorium or the actions of public agencies (other than the Town) that regulate land use, development or the provision of services to the Property, that prevents, prohibits or delays the construction of the Projects; or (b) a lawsuit involving any development approvals or permits for the Project is pending. A development moratorium adopted or implemented by the Town shall not apply to the Property, as further described in Section 3.7.

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3.6 Initiatives/Referendum. Any law enacted or imposed after the Effective Date by initiative or referendum, or by the Town Council, directly or indirectly, in connection with any proposed initiative or referendum, which law would conflict with the vested rights to develop granted to Developer under this Agreement shall, to the maximum extent permitted by law, not apply to the Snowcreek Projects.

3.7 Moratoria; Growth Control Measures. Developers’ rights to develop the Snowcreek Projects on the Snowcreek Properties in conformance with the Vested Rules under this Agreement shall prevail over any growth control measure or development moratorium adopted or implemented by the Town after the Effective Date, whether adopted specifically to prohibit construction of the Snowcreek Projects or any portion thereof, or as an interim measure during the processing of contemplated General Plan, Specific Plan or zoning changes, or as a general growth control management measure.

3.8 Effect of Inconsistent State or Federal Laws. This Agreement may be modified or suspended as may be necessary to comply with State of California or Federal legislation, case law, codes or regulations enacted/issued after the Effective Date, which preempt local jurisdiction and which prevent or preclude compliance with one or more provisions of this Agreement; provided, however, that such modification or suspension shall be made to the minimum extent necessary and only after the Parties have met and conferred in good faith to determine the feasibility of such modification or suspension and to minimize its effect on the rights of the Parties and fulfillment of the purposes and intent of this Agreement. The Parties shall cooperate to process applications for any Town or governmental approvals which may be required as a result of any such modification or suspension of this Agreement.

ARTICLE 4

PROJECT PROCESSING AGREEMENTS

4.1 Affordable Housing Requirements.

4.1.1 Developer and Town agree the affordable housing requirements shall not exceed the parameters set forth in Section 2.2.3 of this Agreement. The affordable housing requirements for each phase of development shall be in accordance with this Section and Section

2.2.3 of this Agreement. Developer and Town agree the Total Affordable Housing Cost reasonably implements Town’s affordable housing requirements.

4.1.2 The Affordable Housing Requirements for the Residential and Hotel components of the Project shall be provided in the following manner until the Affordable Housing Requirement is satisfied. Affordable Housing Requirement shall only be provided based on the number of units actually built.

4.1.2.1 Residential Component. The Affordable Housing Requirement for development of the Market Rate Residential Units shall be ten percent (10%) of the number of Market Rate Residential Units proposed within each phase. The ten percent (10%) requirement shall be allocated as follows:
(i) The number of Required Affordable Units required within each phase shall be calculated at the rate of 6.33% of the

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number of Market Rate Residential Units proposed. If the number of Required Affordable Units would result in a
fractional number and the fraction or decimal is equal to or greater than 50 percent of a unit, it shall be rounded up to the nearest whole number and when the fraction or decimal is less than 50 percent of a unit, it shall be rounded down to the nearest whole number, provided that in no case shall Developer be required to obtain Building Permits for more than the 47 Required Affordable Units. The Town, in its sole discretion may require Developer to provide more than

6.33% Required Affordable Units in any given phase of
development where Developer’s overall Required
Affordable Unit contribution has dropped below 6.33% due to the rounding down of fractional Required Affordable
Units.
(ii) The number of units subject to the provision of In-Lieu Fees within each phase shall be calculated at the rate of

3.67% of the number of Market Rate Residential units
proposed. Pursuant to Section 2.2.3.4(ii) of this
Agreement, Developer shall not be required to provide
payment of In-Lieu Fees until the usage of the FTEE
Credits has been exhausted.

4.1.2.2 Hotel Component. The Affordable Housing Requirement for development of the Hotel Units shall be ten percent (10%) of the number of Hotel Units proposed within each phase. The ten percent (10%) requirement shall be allocated as follows:
(i) The number of units subject to the provision of In-Lieu Fees shall be calculated at the rate of 5% of the number of Hotel Units proposed since each hotel unit constitutes ½ unit as set forth in the Snowcreek Master Plan Update.

Pursuant to Section 2.2.3.4(ii) of this Agreement,
Developer shall not be required to provide payment of InLieu Fees until the usage of the FTEE Credits has been exhausted.

4.2 Development Schedule; Phasing. The Master Plan Update includes a general phasing plan, a copy of which is attached hereto as Exhibit D. This phasing plan anticipates buildout of the Snowcreek Projects will continue over a substantial period and the timing and phasing of development will be affected by numerous factors, which are not all within the control of Developer, such as market demand, economic conditions, competition and the like.

The Parties acknowledge Developer cannot predict with specificity when or at what rate or in what order the future phases of the Snowcreek Projects shown on Exhibit D will be developed on the Property. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail

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over such parties agreement, it is the parties’ intent to cure that deficiency by acknowledging Developer shall have the right to develop the Property at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. This Section 4.2 does not apply to the milestones set forth in Section 2.2.1.

4.3 Snowcreek VII Master Plan. Permitted uses and densities for Snowcreek VII are incorporated in the Master Plan approved in 1981. The General Plan and the Master Plan provide for clustering of densities within the area of the Master Plan, as long as the overall Snowcreek Project density, as approved by the Master Plan, is not exceeded. The Master Plan at Mammoth is part of the Vested Rules.

4.4 Snowcreek VIII Master Plan Update 2007. Permitted uses, densities and development standards, among other things, for the Snowcreek VIII Project are incorporated in the Snowcreek VIII Master Plan Update 2007, as it may be modified from time to time, governing Snowcreek VIII.

ARTICLE 5

PROCESSING OF SUBSEQUENT PERMITS AND APPROVALS

5.1 Subsequent Permits.

5.1.1 Defined. “Subsequent Permits” means the land use, development and building approvals that are to be processed for approval by the Town and that are necessary or appropriate in order to develop the Snowcreek Projects in accordance with the Vested Rules, the Project Approvals and this Agreement, including, but not limited to, zone changes, master plans or amendments thereto, any and all permits and/or approvals that are part of development “phases,” variances, use permits, development plans, parcel maps, tentative and final subdivision maps, subdivision improvement plans and agreements, design review, site plans, landscape plans, preliminary grading plans, grading plans and permits, building plans and permits, and environmental determinations; provided, that if a Subsequent Permit requires changes to the Snowcreek Master Plan Update , such modification shall be treated as a discretionary permit and Town’s review and approval, conditional approval or denial is not restricted by this Agreement.

The Subsequent Permits shall include any permits and approvals required to complete the infrastructure and improvements necessary to develop the Property (collectively, the “Improvements”), in accordance with this Agreement and the Vested Rules, including, without limitation, those related to: (a) clearing the Property; (b) preliminary grading or grading of the Property; (c) construction of roads and storm drainage facilities; (d) construction of the golf course, snow play area, trails and bicycle paths, great lawn, open space corridor; (e) importing and stockpiling dirt on the property; and, (f) construction of all commercial and residential structures and all structures and facilities accessory thereto, subject to the limitations set forth in this Agreement. Subsequent Permits may also include, without limitation, the following: grading permits, building permits, sewer and water connection permits, certificates of occupancy, lot line adjustments, site plans, development plans, land use plans, building plans and specifications, final maps, parcel maps and/or subdivision maps, conditional use permits, variances, architectural control plans, demolition permits, improvement agreements, encroachment permits, tree removal permits and any modifications or amendments to any of the foregoing or any Project Approvals.

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5.1.2 The grant of vested rights to Developer pursuant to this Agreement does not waive or remove any requirement to process and obtain Subsequent Permits for the Snowcreek Projects, to the extent required under the Vested Rules and the Project Approvals.

5.1.3 Standard of Review. The Town agrees applications for Subsequent Permits shall be processed in good faith and with reasonable diligence and granted on reasonable terms and conditions, in conformance with this Agreement, the Project Approvals and the Vested Rules. The Town shall have the right to withhold any Subsequent Permit or to conditionally approve the same in order to ensure conformance with the Project Approvals and the Vested Rules set forth in Section 3.1, the vested right to develop set forth in Section 3.3, the requirements of this Agreement, and applicable laws. Except to the extent a conflict is the result of the Town’s denial or conditional approval of a Subsequent Permit to ensure conformance with the Project Approvals and the Vested Rules set forth in Section 3.1, in the event any conflict arises between the terms and conditions of a Subsequent Permit and this Agreement, the provisions of this Agreement shall control unless otherwise agreed to in writing by the Town and Developer.

5.2 Timely Processing.

5.2.1 General. Subject to compliance with the Vested Rules and other applicable laws, the Subsequent Permits shall be reviewed, processed and acted upon by the Town in a timely manner, provided that: (a) applications for such approvals are submitted to the Town during the Term of this Agreement; and (b) there is no uncured Event of Default under the terms and conditions of this Agreement with respect to the portion of the Property for which such approval is sought.

5.2.2 Plans and Permits. The Town shall review the application and schedule the application for review by the appropriate authority within the time periods set forth in this Section 5.2.2. The Town shall exercise good faith efforts to process and check all building plans, grading and improvement plans, and other plan submittals and to issue applicable permits and approvals with reasonable diligence, within the time periods set forth on Exhibit I attached to this Agreement and incorporated herein by this reference.

5.3 Term of Approvals. All Subsequent Permits, once granted or issued, shall, like the Project Approvals, continue in full force and effect during the Term, in order to facilitate implementation of Developer’s development rights under this Agreement.

5.4 Vesting of Approvals. All Subsequent Permits, once granted or issued, shall become automatically vested under this Agreement, as if granted or issued prior to the adoption of this Agreement, for the duration of the Term of this Agreement.

5.5 Development Fees. Due to the consideration and benefits as described in Exhibit B, the following shall apply to the development fees described below:

5.5.1 Applicable Fees. If a Subsequent Permit requires any significant change to the Snowcreek Master Plan Update, then any additional fees shall be reasonable and meet all applicable nexus and rough proportionality requirements. Notwithstanding Section 3.1 or any other provision of this Agreement and subject to section 5.5.4, all increases in the amount of fees

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adopted by the Town on a Town-wide basis during the Term shall not apply to Developer and the Snowcreek Projects, with the exception of any automatic fee escalators as of the Effective Date. Fees shall be payable when due; provided, however, that the Town shall reasonably determine, at the time building permits are issued, whether fees then due will be offset by credits that will be available to Developer as a result of subsequent construction; payment of fees that are anticipated to be so offset by credits shall be deferred and a reconciliation of those fees and credits shall be made prior to issuance of such certificates of occupancy. Additionally, if either California State law or the municipal code is modified to defer payment of fees to a time later in the development process than that required on the Effective Date, then Owner or Developer shall be subject to such deferment. In addition, credits to which any portion of the Snowcreek Projects is entitled as a result of construction shall be transferable to any other portion of the Snowcreek Projects and applied to reduce fees payable and not yet paid by Developer in connection with any portion of the Snowcreek Projects. Additionally, if the amount of credits is increased, Owner or Developer shall be subject to the increased credit amount.

5.5.2 DIF Resolution. Developer shall pay Development Impact Fees at the time of building permit issuance in accordance with, and at the rate specified in, the DIF Resolution in effect on the Effective Date. Applicable impact fees include but are not limited to:

Police, Vehicle Circulation, Multi-modal Circulation, Storm Drain, General Facilities and Equipment, Parkland and Recreation. The amount of Development Impact Fees shall not be increased as applied to the Snowcreek Projects during the Term, with the exception of any automatic fee escalators, such as Cost of Living Allowance and the periodic Town-wide escalators codified in the Municipal Code as of the Effective Date. The DIF Resolution as applied to the Projects as set forth in this Agreement is included in the Vested Rules; provided, however, if Development Impact Fees applied to all or any other developer or builder of any uses similar to the Project are reduced during the Term, then any future not yet due Development Impact Fees will be at the lower rate. The vesting of the provisions of the DIF Resolution as to the availability and calculation of credits, in particular, is a material inducement to Developer in agreeing to provide the significant community benefits that are a part of these Projects.

Development Impact Fees collected by the Town on behalf of another entity shall not be vested.

5.5.3 Public Arts Fund and Fee Program. Public Art meeting the Town’s Public Arts Fund and Fee Program will be provided throughout the Snowcreek Projects in accordance with the Snowcreek Master Plan Update. As stated in Section 8.1 of the Snowcreek Master Plan Update, the Town's Municipal Code only applies to the Snowcreek VIII Project where the Master Plan Update is silent. Section 8.1.5 of the Snowcreek Master Plan Update describes the Public Art Program for Snowcreek VIII. Therefore, no fee for participation in the Town’s Public Arts Fund and Fee Program shall be due to, required by or paid to the Town. Developer and Town agree to implement Chapter 15.18 of the Municipal Code according to 15.18.070.F and that this Agreement constitutes the alternate provisions of that Chapter. Developer agrees to implement the goals and intent of Chapter 15.18 through the subsequent review and approvals required by this Agreement. In order to maintain the integrity of the Master Plan and Snowcreek Master Plan Update, and implement the timely Phasing and Performance described in Section

2.2.1 of this Agreement, Public Art will be subject to review and approval by the PEDC in conjunction with each applicable and necessary use permit.

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5.5.4 Building Permit and Application Processing Fees. Developer shall pay the Building Permit and Application Processing Fees (“Building Fees”) in effect on the Effective Date. The Building Fees shall be subject to the COLA. In the event the Building Fees are reduced during the Term and the reduced fee amount is lower than the vested amount, or in the event that the Building Fees with the inclusion of the COLA increase is higher than the Building Fee amount in effect at that time, then any future not yet due Building Fees will be at the lower rate. Building Fees collected by the Town on behalf of the State or other entity shall not be vested by the DA.

5.6 Other Local, State, Federal Approvals.

5.6.1 General. The Parties contemplate development of the Snowcreek Projects pursuant to this Agreement may be subject to the approval of other governmental agencies. The Parties shall act in good faith and use reasonable effort and diligence to process and obtain such approvals in a manner and on terms and conditions that are consistent with, and implement, the Project Approvals, the Vested Rules and this Agreement. If any revisions or corrections of plans for Project Approvals approved by the Town shall be required by any other governmental agency, then the Parties shall cooperate reasonably and in good faith to develop a mutually acceptable solution.

5.6.2 Waste Discharge Requirements permit, issued by the California Regional Water Quality Control Board, Lahontan Region, may be required for Snowcreek VIII.

Developer is currently pursuing this issue and to the extent required shall obtain all the necessary permits. If significant modifications in the Snowcreek Projects are needed to obtain any of those permits, then such modifications shall be processed as a Subsequent Permit in accordance with subsection 5.1.1.

ARTICLE 6

PUBLIC IMPROVEMENTS AND SERVICES

6.1 Community Benefits. In return for the vesting of rights granted by this Agreement, the Town Council has required that the community receive certain special benefits.

Those benefits are set forth in Exhibit B to this Agreement. The rights and obligations of Developer and the Town under the terms of Exhibit B are incorporated herein as provisions of this Agreement.

6.2 Applicable Requirements. Development of the Snowcreek Projects is subject to payment of Development Impact Fees pursuant to the DIF Resolution in effect as of the Effective Date. Development of the Snowcreek Projects is also subject to payment of the Community & Economic Development Processing Fees (“Planning Fees”) in effect on the Effective Date, shown in Exhibit E to this Agreement which is attached hereto and incorporated herein by this reference. The Planning Fees shall be subject to the COLA. In the event the Planning Fees are reduced during the Term and the reduced fee amount is lower than the vested amount, or in the event that the Planning Fees with the inclusion of the COLA increase is higher than the Planning Fees in effect at that time, then any future not yet due Planning Fees will be at the lower rate.

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6.3 Land for Propane Storage Tank Area. The Town has indicated a need and desire for additional propane storage tank areas in the community. This ancillary utility use is permitted by both Town regulations and the private land use covenant between the Town and Developer. At the time of the execution of this Agreement, the Town and Turner Gas were working to find a suitable location for storage of the propane tanks and have tentatively located an appropriate site. In the event such site is not acceptable or available to the Town, then Developer agrees to allow the use of 16,875 square feet of its property as a Propane Storage Tank area, so long as such determination is made before the issuance of a use permit for the Golf Course. The legal description is attached as Exhibit F.

6.4 Bike Trail North of Old Mammoth Road & Recreational Trail Public Easement.

During the construction of the first phase of Snowcreek VII, a bike path was completed connecting a section of trail linking the Old Mammoth area from the Athletic Club to the intersection of Old Mammoth Road and Minaret Road. A 12' wide public easement has been issued for recreational trail purposes along the length of the bike path. A Benefit Assessment district shall be created, largely at the expense of the Snowcreek VII homeowners, to maintain this trail both in the winter and the summer.

6.5 Public Access Easement for Fishing and Hiking Along Mammoth Creek. As part of Snowcreek VII, a 40' wide public access and drainage easement was recorded along Mammoth Creek from the Athletic Club to Minaret Road. This easement grants access to the public for fishing and hiking along the Creek.

6.6 Fairway Drive Realignment. Fairway Drive is currently the only non-exclusive public access to Snowcreek V. During construction of Snowcreek VIII, Developer will realign and improve Fairway Drive.

6.7 Secondary Access Road. Developer will create a secondary access to Old Mammoth Road from the Snowcreek Projects that will benefit Snowcreek V and Snowcreek VIII visitors and residents.

6.8 Emergency Vehicle Access Road. Developer will create an Emergency Vehicle Access Road, crossing the golf course that will connect an internal Snowcreek Projects road to Sherwin Creek Road.

6.9 Expanded Golf Course. Potential expanded 18-hole publicly accessible golf course and practice facility. A nine-hole golf course designed by Ted Robinson exists on the north and west portions of the property. An additional nine holes may be constructed on the north, eastern and southern edges of the Snowcreek VIII site, creating a championship 18-hole golf course and encompassing an estimated 155 acres. If constructed, the course will be designed to conserve water and utilize natural vegetation. Re-grading and contouring of the new portion of the golf course, and possibly portions of the existing course, will create topographic undulations in character with the surrounding landforms fronting the main range.

6.10 Cooperation with MCWD Expansion. The Master Developer is cooperating with MCWD’s expansion, and possible improvement and distribution of MCWD’s tertiary water treatment to the extent available, legally permissible and on a schedule and in volumes agreed to

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by MCWD and the Master Developer. MCWD is in the process of establishing a Recycled Water Project that could provide irrigation for portions of the existing Snowcreek nine-hole golf course as well as the expanded additional nine-hole course. If and when this Recycled Water Project becomes active, it could free up a significant amount of potable water currently being used on the golf course, for other Town uses. Snowcreek VIII is working on an agreement with MCWD related to participating in the Recycled Water Project.

6.11 Other Public Dedications and Improvements. The Town shall not require the grant, reservation, or dedication by Developer of any additional land or easements for open space, park and recreational uses or for public rights-of-way or other public purposes, or require the construction or funding of public improvements or facilities, as a condition to development of the Projects, except as permitted under the Vested Rules, the Project Approvals, and this Agreement.

6.12 Local Economic Opportunity. The Developer and the Town acknowledge that it is in the best interest of both parties that the construction and operation of the Snowcreek Projects create economic and job opportunities for local residents and the Town. In order to meet the objectives of this section in a manner consistent with state and federal laws, Developer agrees to use commercially reasonable efforts to take the following steps to encourage economic and job opportunities for qualified local residents:

6.13 Bid Process. Developer will ask its general contractors and major subcontractors to solicit local contractors and subcontractors to participate in the bid process. For example, to further the objectives of this Section as stated above, Developer will ask its general contractors and major subcontractors to coordinate with any local or regional contractors association to solicit bids from qualified local contractors and subcontractors consistent with this subsection. It is the intent of the parties to include qualified local contractors and subcontractors in the bid process but not to limit participation in the process solely to them nor to prohibit others from participating.

6.14 Local Labor. Developer will ask its general contractors and major subcontractors to attempt to identify and hire qualified local labor. Local labor shall include, but is not limited to, in the following order of preference, to the maximum extent legally permissible, persons living in Mammoth Lakes, Mono County, and the northern portion of Inyo County. For example, Developer will ask its general contractors and major subcontractors to attempt to coordinate with any local or regional contractors association to utilize qualified local labor consistent with this subsection. It is the intent of the parties to include qualified local labor in the hiring process but not to limit participation solely to them nor to prohibit others from participating.

6.15 Local Employment Opportunity. Developer will take steps to inform qualified local contractors, laborers and residents of potential job opportunities with the Project.

6.15.1 Purchase of Equipment and Materials. It has been the practice of Developer to purchase materials and equipment locally when such materials and equipment have been competitively priced and it makes economic sense to do so. Developer and Town acknowledge that it would be desirable to strive to purchase equipment and materials locally

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again when such materials and equipment are competitively priced. Therefore, it is the intent of the parties that, all other factors being equal, such factors including price, availability and other factors to be determined in the sole business judgment of Developer, that Developer will strive to purchase equipment and material locally; provided, however, that this provision shall not be interpreted as a restriction on Developer nor shall it be used to prohibit Developer from constructing and operating the Snowcreek Projects as Developer sees fit in its sole discretion.

ARTICLE 7

IMPLEMENTATION

7.1 Operating Memorandum. The Town and Developer may implement or clarify provisions of this Agreement through the execution of one or more operating memorandum approved by the Town and Developer, from time to time during the Term (each, an “Operating Memorandum”). An Operating Memorandum shall be automatically deemed a part of this Agreement, but approval, implementation and/or amendment thereof shall not constitute or require an amendment to this Agreement or require public notice or hearing. In the event a provision in an Operating Memorandum conflicts with this Agreement, this Agreement shall control. The Town Manager or his or her designee, after consultation with the Town Attorney to determine whether an Operating Memorandum is appropriate, is authorized to approve an Operating Memorandum, or amendment thereto, on behalf of the Town, but may request Town Council review and approval of any proposed Operating Memorandum, if he or she deems it necessary or desirable.

7.2 Annual Review.

7.2.1 General. The annual review required by Development Agreement Statute Section 65865.1 shall be conducted as provided in this Section 7.2. As part of that review, each Party shall have a reasonable opportunity to assert matters which such Party believes have not been undertaken or performed in conformance with this Agreement, to explain the basis for such assertion, and to receive from the other Party or Parties a justification for such other Party’s or Parties’ position with respect to such matter.

7.2.2 Commencement of Review. Prior to October 31, of each full calendar year after the effective date of this Agreement, Developer will initiate the annual review by submitting a written statement to the Town Manager describing, Developer’s good faith substantial compliance with the terms and conditions of this Agreement for the prior calendar year. Such periodic review shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code Section 65865.1.

7.2.3 Determination of Substantial Compliance. Within thirty (30) days after the Town Manager’s receipt of Developer’s complete submittal [or thirty (30) days after the deadline for such submittal if none is submitted], unless said period is extended by mutual consent of the Town Manager and Developer or as the result of circumstances beyond the reasonable control of the Town, the Town Manager shall: (a) determine whether, for the year under review, Developer is in good faith substantial compliance with the terms and conditions of this Agreement; (b) confirm its determination in writing; (c) deliver a copy to Developer and (d) deliver a written report to the Town Council, which the Town Council, at a regular public

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meeting within thirty (30) days after delivery, shall receive and file that report and may comment on or request further information or public discussion at a future regular public meeting or closed session, as legally permitted. If the Town Manager’s report to the Town Council determines, based upon substantial evidence, Developer is not in good faith substantial compliance with the terms of the Agreement, the Town Manager's written determination shall specify the grounds for such determination in reasonable detail, and Developer shall have thirty (30) days from receipt of such determination of non-compliance to respond in writing. After receipt of Developer’s response (or expiration of such 30 day period if no response is delivered), the Town Manager shall determine whether Developer is in good faith substantial compliance and deliver a copy of such determination to Developer and the Town Council. If Developer is determined not to be in good faith substantial compliance, the Town Manager may deliver a Notice of Default to Developer pursuant to Section 9.2. A finding by the Town Manager of good faith substantial compliance with the terms of this Agreement shall conclusively determine said issue up to and including the date of said review, and shall complete the annual review. If the annual review is completed pursuant to the procedures set forth above, the Town Manager shall promptly deliver a report to the Town Council confirming the completion of the annual review.

7.2.4 Appeal to Town Council. If Developer disputes the allegation Developer is not in good-faith substantial compliance and believes the Notice of Default has been issued erroneously, then Developer shall have the right to appeal the determination to the Town Council, and the Town Council shall make such determination after Developer has been permitted an opportunity to be heard orally and in writing at a noticed public hearing before the Town Council. Any appeal must be filed with the Town Manager in writing within fourteen (14) days Developer’s receipt of the Notice of Default. The Town shall deliver to Developer a copy of any staff reports that are not exempt from the California Public Records Act and any other related information submitted to the Town Council concerning Developer’s performance at least seven (7) calendar days prior to the date of the noticed public meeting. If the Town Council, at that noticed public meeting, or any continued public meeting related to the appeal, determines, based upon substantial evidence, Developer is not in good faith substantial compliance with the terms and conditions of the Agreement, the Town Council may terminate or modify the Agreement, subject to compliance with the provisions in Section 9.3.

7.3 Statement of Compliance. Within thirty (30) days after receipt of a written request from a Party (“requesting Party”), a Party shall execute and deliver to the requesting Party a statement certifying: (a) the Agreement is unmodified and in full force and effect (or identifying any modifications); (b) there are no uncured defaults under the Agreement by the certifying Party or, to the certifying Party’s knowledge, by any other Party (or specifying any such defaults); and (c) any other information reasonably requested regarding the status of the Agreement and performance by the Parties. The failure by a Party (“non-responding Party”) to deliver such statement within such 30 day period shall be conclusively deemed to constitute a certification by the non responding Party: (a) this Agreement is in full force and effect; and (b) to the knowledge of the non responding Party, there are no uncured defaults on the part of the requesting Party. Such statement or certification may be relied upon by any purchaser, transferee, lender, title company, governmental agency or other person reasonably requesting such statement.

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ARTICLE 8
ASSIGNMENTS; MORTGAGEE PROTECTION

8.1 Right to Assign.

8.1.1 Right to Assign. Developer shall have the right to assign or transfer any portion of its interests, rights or obligations (“Rights”) under this Agreement and under the Project Approvals and Subsequent Permits to third parties acquiring successor interests in the Snowcreek Projects or Project Site, or any portion thereof, including without limitation purchasers or long-term ground lessees of individual lots, parcels, or facilities located on or within the Project Site. Town cannot unreasonably disapprove of the transfer or assignment, provided that transferee has the experience in the real estate industry and financial capacity that is comparable to or better than transferor to fulfill Developer’s obligations under this Agreement.

8.1.2 Assumption of Assigned Obligations and Rights. As a condition to any Assignment under this Agreement, any person or entity accepting such Assignment (“Assignee”) shall assume all of the obligations and rights of this Agreement as they pertain to the portion of the Property being transferred to the Assignee. An Assignment and Assumption Agreement, attached as Exhibit F shall be signed by the Assignor and the Assignee.

8.1.3 Release of Developer. Upon the effectiveness of any Assignment and Assumption of Developer’s obligations by any Assignee, Developer shall be fully relieved and released of each of its duties and obligations with respect to the portion of the Property transferred to the transferee from and after the date of such transfer, except as to those obligations of Developer under this Agreement that affect more than the portion of the Property being transferred.

8.1.4 Successive Assignment. In the event of any Assignment under the provisions of Article 8, the provisions of this Article 8 shall apply to each successive Assignment and Assignee. Developer’s obligations under this Agreement with respect to the portion of the Property transferred which are to be assumed by the Assignee shall be set out in substantially the form of the Assignment and Assumption Agreement, at Exhibit G.

8.1.5 Default. If all or any portion of the Project Site is transferred by Developer (“Transferred Property”) to any person or entity (a “Transferee”) the Transferee shall succeed to all of Developer’s Rights under this Agreement regarding the Transferred Property.

Thereafter, a default under this Agreement by Developer regarding that portion of the Project Site other than the Transferred Property (the “Remaining Property”) shall not be considered or acted upon by Town as a default by the Transferee regarding the Transferred Property and shall not affect the Transferee’s Rights regarding the Transferred Property. Likewise, a default by a Transferee relating to the Transferred Property shall not be considered or acted upon by Town as a default by Developer regarding the Remaining Property and shall not affect Developer’s Rights regarding the Remaining Property.

8.2 Mortgagee Protection.

8.2.1 Right to Mortgage. Developer or Owner may assign, pledge or otherwise encumber its rights and interests under this Agreement for security purposes to a Mortgagee of

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any Lot(s) without the consent of the Town. Nothing contained in this Agreement shall restrict Developer from encumbering all or any portion of the Property with a Mortgage, deed of trust or other security device (collectively, “Mortgage”); provided, however, that this Agreement shall be superior and senior to the lien of any Mortgage placed upon the Property or any portion thereof after the Effective Date. Prior to recordation of this Agreement, Developer shall obtain a Subordination Agreement in the form of Exhibit H attached hereto, from the holder of any Mortgage in effect as of the Effective Date subordinating the lien of such Mortgage to this Agreement. Notwithstanding the foregoing, no breach of this Agreement shall default, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions of this Agreement shall be binding upon and effective against any Person, including any deed of trust beneficiary or mortgagee, who acquires title to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise; provided, however, that such transferee shall not be liable for defaults or monetary obligations arising prior to its acquisition of title to the Property or portion thereof.

8.2.2 Notice of Default. If the Town receives written notice from a Mortgagee requesting a copy of any notice of default given to Developer and specifying the address for service thereof, then the Town shall deliver to such Mortgagee, concurrently with the delivery to Developer, any notice given to Developer with respect to any claim by the Town Developer is in default hereunder. If the Town makes a determination of noncompliance hereunder, the Town shall likewise serve notice of such noncompliance on such Mortgagee concurrently with service on Developer. Each Mortgagee shall have the right, but not the obligation, during the same period available to Developer hereunder, to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in the Town’s notice.

ARTICLE 9
DEFAULT; REMEDIES

9.1 Events of Default. Subject to the provisions of Section 11.15 regarding Unavoidable Delays, Section 8.1 regarding assignment and assumption, and Section 8.2 regarding Mortgagee Protection, the failure by any Party to pay any sum or to perform any obligation required under this Agreement, including, but not limited to, the Town’s failure to issue Subsequent Permits for the Snowcreek Projects in conformance with this Agreement, and such Party’s failure to cure such default within the specified cure period after receipt of a Notice of Default pursuant to Section 9.2 below, shall constitute an “Event of Default” under this Agreement. Failure by Developer to construct or delay in constructing the 2009 Projects or any portion thereof shall not be a default or Event of Default under this Agreement, and Developer shall not be liable to the Town for damages for failure to construct any portion of the Snowcreek Projects, unless such failure or delay constitutes a default under the terms of any Final Map, building permit or similar approval, in which event the Town may exercise any of its normal remedies for default under such permit or approval.

9.2 Notice of Default and Cure. Any Party claiming a default under this Agreement shall deliver to the defaulting Party a written notice of default (“Notice of Default”). The Notice of Default shall specify the reasons for the allegation of default with reasonable particularity and the manner in which the default can be cured. The defaulting Party shall have the right to cure the default within thirty (30) days after receipt of the Notice of Default; provided, however, that

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if the nature of the alleged default is such that it cannot be reasonably cured within such thirtyday (30-day) period, the thirty-day (30-day) period shall be extended for the time reasonably required to complete the cure, so long as the defaulting Party commences the cure within the thirty-day period and diligently prosecutes the cure to completion thereafter and such cure is complete within one hundred twenty (120) after the cure is commenced; provided, that if a Party has timely commenced and diligently prosecutes the cure to completion thereafter, then the other party shall reasonably provide one or more extensions up to a total of one hundred twenty (120) days.

9.3 Procedure Upon an Event of Default. After the occurrence of an Event of Default, the other Party may give notice of its intent to terminate this Agreement. Following notice of intent to terminate, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review at a public meeting of the Town Council within thirty (30) days after that notice. Following consideration of the evidence presented in the review before the Town, the Party alleging the default by the other Party may institute legal proceedings or may give written notice of termination of this Agreement to the other Party; provided, however, Developer may only terminate this Agreement with respect to such portion of the Property then owned by Developer, and the Town may only terminate this Agreement with respect to the portion of the Property then owned by the defaulting Developer. Evidence of default may also arise in the course of an annual review of this Agreement pursuant to Section 7.2. If Developer is determined by the Town to be in default pursuant to the procedures for annual review, and after giving effect to Developer’s right of appeal of such determination to the Town Council as provided in Section 7.2.4, the Town may give a written Notice of Default pursuant to Section 9.2. If the alleged default is not cured within the cure period set forth in Section 9.2 or within such longer period specified in the Town’s Notice of Default, or if Developer waives its right to cure such alleged default in writing, then this Agreement may be terminated by the Town with respect to the portion of the Property then owned by the defaulting Developer.

9.4 Remedies for Non-Defaulting Party.

9.4.1 In the event either Party is in default under the terms of this Agreement, subject to any applicable requirements under Section 9.5 of this Agreement, the other Party may elect to pursue any of the following courses of action: (i) waive such default; (ii) pursue administrative remedies as provided in this Agreement; (iii) pursue any judicial remedies available under the law; or (iv) terminate this Agreement.

9.4.2 Unless otherwise provided in this Agreement and subject to applicable requirements under Section 9.5 of this Agreement, either Party, in addition to any other rights or remedies, may institute legal action to cure, correct, or remedy any default by the other Party to this Agreement, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation hereunder or to seek specific performance. However, each Party hereby waives any right to sue or recover monetary damages for any default hereunder, other than the recovery of monetary amounts to which such Party is entitled under express provisions of this Agreement. All remedies available to a Party under this section shall be cumulative and not exclusive of the other, and the exercise of one or more of these remedies shall not constitute a waiver or election with respect to any other available remedy.

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9.5 Dispute Resolution; Legal Action.

9.5.1 Mediation. Before pursuing any administrative or judicial remedies to resolve any dispute or claim under this Agreement, the Parties hereto shall attempt in good faith to resolve any such dispute through mediation conducted by a mediator, or a panel of mediators of a size appropriate to the scope of the dispute (but not exceeding three (3) in any event), in accordance with the Commercial Mediation Rules of the American Arbitration Association.

9.5.2 Judicial Reference. If mediation is not required under the provisions of this Agreement or mediation has not resolved the dispute and any Party to this Agreement commences a lawsuit relating to a dispute arising under this Agreement, all the issues in such action, whether of fact or law, shall be resolved by judicial reference pursuant to the provisions of California Code of Civil Procedure Sections 638.1 and 641 through 645.1. The Parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the judicial reference proceeding. Developer shall not be required to participate in the judicial reference proceeding unless it is satisfied that all necessary and appropriate parties will participate.

9.5.2.1 The proceeding shall be brought and held in Mono County, unless Parties agree to an alternative venue.

9.5.2.2 The Parties shall use the procedures adopted by JAMS/ENDISPUTE (“JAMS”) for judicial reference and selection of a referee (or any other) entity offering judicial reference dispute resolution procedures as may be mutually acceptable to the Parties).

9.5.2.3 The referee must be a retired judge or a licensed attorney with substantial experience in relevant real estate matters.

9.5.2.4 The Parties to the litigation shall agree upon a single referee who shall have the power to try any and all of the issues raised, whether of fact or of law, which may be pertinent to the matters in dispute, and to issue a statement of decision thereon. Any dispute regarding the selection of the referee shall be resolved by JAMS or the entity providing the reference services, or if no entity is involved, by the court in accordance with California Code of Civil Procedure Sections 638 and 640.

9.5.2.5 The referee shall be authorized to provide all remedies available in law or equity appropriate under the circumstances of the controversy, other than punitive damages.

9.5.2.6 The referee may require one or more pre-hearing conferences.

9.5.2.7 The Parties shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge.

9.5.2.8 A stenographic record of the trial shall be made.

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9.5.2.9 The referee’s statement of decision shall contain findings of fact and conclusions of law to the extent applicable.

9.5.2.10 The referee shall have the authority to rule on all post-hearing motions in the same manner as a trial judge.

9.5.2.11 The Parties shall promptly and diligently cooperate with each other and the referee and perform such acts, as may be necessary for an expeditious resolution of the dispute.

9.5.2.12 The costs of such proceeding, including the fees of a referee, shall be borne equally by the Parties to the dispute.

9.5.2.13 The statement of decision of the referee upon all of the issues considered by the referee shall be binding upon the Parties, and upon filing of the statement of decision with the clerk of the court, or with the judge where there is no clerk, judgment may be entered thereon. The decision of the referee shall be appealable as if rendered by the court. This provision shall in no way be construed to limit any valid cause of action which may be brought by any of the Parties. Except for actions for indemnification, the Parties acknowledge and accept that they are waiving their right to a jury trial.

9.6 Extension of Agreement Term. The Term of this Agreement as set forth in Section 2.2 shall automatically be extended for the period of time in which the Parties are engaged in dispute resolution to the degree that such extension of the Term is reasonably required because activities which would have been completed prior to the expiration of the Term are delayed beyond the scheduled expiration of the Term as a direct result of such dispute resolution.

9.7 No Cross-Defaults. The rights and obligations of Developer and any successor Owner are separate from the rights and obligations of all other Developers and Owners and may be assigned separately as provided in Section 8.1 and enforced separately. A default by any one or more Developer or successor Owners under this Agreement shall not constitute a default by any other Developer or successor Owner or result in the termination of this Agreement or the vested development rights provided herein as to any other Developer or successor Owner.

Master Developer shall have obligations hereunder only to the extent of its obligations as a Developer and Owner.

ARTICLE 10
AMENDMENTS; TERMINATION

10.1 Amendments. Except as set forth in Section 3.1, this Agreement may be modified, amended and/or extended only by mutual written consent of the Parties and shall be approved in the same manner as adoption of this Agreement, by ordinance as set forth in the Development Agreement Statute.

10.2 Release. Following the transfer or conveyance of any residential Lot on which is located a Residential Unit for which the Town has issued a final certificate of occupancy, this Agreement shall automatically terminate and cease to be an exception to title with respect to

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such residential Lot, stacked flat, or condominium unit ownership. Notwithstanding the automatic nature of such termination, within thirty (30) days after receipt of a written request from a developer or the residential owner, the Town shall execute and deliver any recordable documents necessary to evidence such termination. Upon the completion of the obligations set forth in this Agreement related to a residential Lot, stacked flat, or condominium unit ownership, upon the Town’s receipt of written request, the Town shall execute and deliver any recordable documents necessary to release such residential Lot, stacked flat, or condominium unit ownership from this Agreement. The foregoing only applies if all conditions of the Project Approvals and requirements of this Agreement applicable to the subject residential Lot, stacked flat, or condominium unit ownership have been satisfactorily completed by Developer.

10.3 Effect of Expiration/Termination. Upon expiration or termination of this Agreement: (a) no Party shall have any further rights or obligation hereunder except for matters which accrued prior to such expiration or termination and matters which specifically survive expiration or termination under the express terms of this Agreement; and (b) the underlying Project Approvals shall remain in full force and effect.

ARTICLE 11

MISCELLANEOUS

11.1 Attorney’s Fees. If any legal action or mediation or arbitration proceeding is brought by any Party because of a breach of this Agreement or to enforce any provision hereof and against the other party, then the prevailing Party shall be entitled to recover from the losing Party its reasonable attorneys’ fees and costs. The “prevailing party” shall be that Party receiving substantially the relief sought in the action or proceeding.

11.2 Construction, Interpretation. This Agreement has been reviewed and revised by legal counsel for Developer and the Town, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement.

11.3 Cooperation; Further Assurances. Each Party: (a) shall deal fairly and in good faith with the other Parties; (b) shall not impede the other Parties’ right to receive the benefits of this Agreement; (c) shall cooperate with and provide reasonable assistance to the other Parties in the performance of this Agreement; and (d) shall execute such documents or take such further actions as may be reasonably necessary to consummate the performance or to carry out the purpose and intent of this Agreement.

11.4 Counterparts. This Agreement, and any documents implementing this Agreement, may be executed in multiple counterpart originals, each of which is deemed to be an original and all of which when taken together shall constitute one and the same instrument.

11.5 Entire Agreement. The Recitals set forth above in this Agreement and the Exhibits attached hereto are incorporated by references into this Agreement as an integrated portion hereof. This Agreement, including all such Recitals and Exhibits, constitutes the entire agreement of the parties regarding the subject matter hereof, and all prior or contemporaneous agreements and understandings, whether written or oral, are superseded.

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11.6 Governing Law/Jurisdiction. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California, and the state courts of Mono County shall have jurisdiction.

11.7 Legal Challenges—Defense and Indemnification.

11.7.1 Cooperation in the Event of Legal Challenge. In the event of litigation , the Parties hereby agree to affirmatively cooperate and join in defending against any and all actions brought by any third party or parties in such litigation; provided, however, that both the Town and Developer shall retain their respective rights to control their own defense of the litigation. Except as provided herein, the Town and Developer shall each bear their own respective costs, if any, arising from such defense of litigation.

11.7.2 Defense and Indemnification. Developer shall indemnify, defend, and hold harmless Town Parties from and against any third party claims, demands,, actions, lawsuits or proceedings (collectively the “Claims”), and any related losses, liabilities, damages, liens, obligations, interest, injuries, penalties, fines, judgements, awards, costs and expenses, and attorneys’ fee awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5 assessed or awarded against the Town, arising as a result of the Town’s approval of this Agreement or any entitlements or permits pertaining to the Snowcreek Projects, or challenging the validity, applicability, or interpretation of any provision of this Agreement or any entitlements or permits pertaining to the Snowcreek Projects or arising directly as a result of Developer’s (or Developer’s contractors, subcontractors, agents, or employees) work performed in connection with the development of the Property or the Snowcreek Projects, including without limitation, Claims involving bodily injury, death or property damage. Upon request by Developer, Town shall enter into a joint defense agreement in a form reasonably acceptable to the Town Attorney and Developer to facilitate the sharing of materials and strategies related to the defense of such Litigation Challenge without waiver of attorney client privilege. Any proposed settlement of a Litigation Challenge by a Party shall be subject to the approval of the other Party, such approval not to be unreasonably withheld, conditioned or delayed; provided, however, that Developer may settle litigation without consent of the Town if the settlement does not require any changes to any project approvals or action by the Town.

11.7.3 Joint Defense and Costs. In the event any litigation is filed pertaining to the matters contemplated by Section 11.7.2 above, Developer shall select and retain legal counsel (“Counsel”) to represent both the Town and Developer with respect to the litigation, and Counsel shall cooperate with Developer and the Town in the course of defending the litigation. Town may, in its sole discretion, elect to be separately represented by the legal counsel of its choice and reasonable costs of such representation shall be paid by Developer. Developer shall reimburse Town, within 45 days following Town’s written demand therefor, which may be made from time to time during the course of any litigation, all reasonable costs incurred by Town in connection with the litigation, including Town’s reasonable administrative, legal and court costs, and Town Attorney oversight expenses. Developer anticipates choosing as Counsel to provide the Town’s and Developer’s legal defense in any litigation the law firm of Allen Matkins Leck Gamble Mallory & Natsis LLP, subject to either party’s right to change counsel if Counsel does not provide adequate and timely professional services. Developer shall also pay all filing fees, court costs and similar out-of-pocket expenses required for the Town and Developer to defend

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the litigation. The Town shall cooperate with Counsel’s defense of the litigation, and shall make its records (other than documents privileged from disclosure) and personnel available to Counsel as may be reasonably requested by Counsel in connection with the litigation.

11.7.4 Effect on Term. The Term of this Agreement shall be tolled until final court action is taken in any litigation.

11.8 Notices. All notices, demands, correspondence and communications (“Notice”) shall be in writing and shall be either personally delivered or sent by certified mail, postage prepaid, return receipt requested, or delivered by a nationally recognized overnight courier service (which provides a delivery receipt), at the addresses set forth below. Any such Notice shall be deemed received on the date of personal delivery or on the date of receipt (or refusal to accept delivery) set forth in the certified mail receipt if sent by U.S. mail or in the receipt provided by the overnight courier service if sent by such service.

Town: Town of Mammoth Lakes
P.O. Box 1609
Mammoth Lakes, CA 93546
Attn: Rob Patterson, Town Manager
with a copy to: Andrew Morris, Town Attorney
P.O. Box 1609
Mammoth Lakes, CA 93546
Developer: Snowcreek Hilltop Development Co, LLC,
a Delaware limited liability company;
Snowcreek Investment Company II, LLC,
a Delaware limited liability company
11100 Santa Monica Blvd., Suite 775
Los Angeles, CA 90025
Attn: Charles R. Lande
with a copy to: Allen Matkins Leck Gamble Mallory & Natsis LLP 1901 Avenue of the Stars, Suite 1800
Los Angeles, CA 90067
Attn: Spencer B. Kallick, Esq.

11.9 Private Undertaking. It is expressly understood and agreed by the Parties the development contemplated by this Agreement is a private development, no Party is acting as the agent of any other Party in any respect hereunder, and Developer shall have full power and exclusive control over its properties subject only to the limitations and obligations of Developer under the Vested Rules and this Agreement. Nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as making the Town and Developer joint venturers or partners.

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11.10 Recordation. The Town shall record a Memorandum of this Agreement with the Mono County Recorder within ten (10) days after the Effective Date, pursuant to Development Agreement Statute Section 65868.5. Thereafter, if this Agreement is terminated, modified or amended as provided herein, the Town shall record notice of such action with the Mono County Recorder.

11.11 Section Headings. Article and Section headings in this Agreement are inserted for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Agreement.

11.12 Severability. If any provision or term of this Agreement, or the application of any provision or term of this Agreement to any particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, then the remainder of the Agreement shall be unaffected and shall remain in full force and effect unless enforcement of the Agreement, with such invalidation, would be unreasonable or inequitable under the circumstances or would frustrate the purposes of the Agreement or the rights and obligations of the Parties there under.

11.13 Successors and Assigns; Covenants Running with the Land. Subject to the provisions of Section 8.1 governing assignment and the provisions for release set forth in Sections 8.1 and 10.2, the rights and obligations of Developer under this Agreement shall be binding upon and inure to the benefit of successor Owners of all or any portion of the Property and shall be covenants running with the land.

11.14 Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns, including the Owners. No other Person shall have any right of action based upon any provision of this Agreement.

11.15 Unavoidable Delays or Events. In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities (but only as to delays or performance by Developer), enactment of conflicting state or federal laws or regulations (but only if the Party claiming delay complies at all times with the provisions of this Agreement pertaining to such conflicting laws), market forces beyond the Parties’ control that result in the decrease of the median home sales value in the Mammoth area by 10 percent or more over one calendar year, as reported through the Mammoth Lakes MLS data, delays caused by the delay or failure by any entity other than the Party claiming such delay to provide financing for or construction of needed public facilities or infrastructure as contemplated or required by this Agreement, delays due to the enforcement of environmental regulations, litigation against this Agreement or any of the Project Approvals, referendum of this Agreement or any of the Project Approvals or similar bases for excused performance (“Unavoidable Delay” or “Unavoidable Event”). Upon the occurrence of an Unavoidable Event, the time for performance shall be extended, for the duration of the Unavoidable Delay.

11.16 Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by a duly authorized representative of the Party against whom

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enforcement of the waiver is sought. No waiver of any right or remedy shall be deemed a waiver of any right or remedy with respect to any other occurrence or event.

IN WITNESS WHEREOF, the Parties have executed this Development Agreement to be effective as of the Effective Date first set forth above.

TOWN: THE TOWN OF MAMMOTH LAKES,
a municipal corporation
By: _________________________________
Rob Patterson, Town Manager
Date: _________________________________
APPROVED AS TO FORM AND LEGALITY:

By: _________________________________
Andrew Morris, Town Attorney
Date: _________________________________

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[Signature Page to Development Agreement]
DEVELOPER: SNOWCREEK HILLTOP DEVELOPMENT CO, LLC, a
Delaware limited liability company
By: LLJ Mammoth Ventures, LLC, its Sole Member
By: Snowcreek Manager, LLC, its Manager
By: ______________________________
Name:

Title:

By: Chadmar Mammoth Venture LLC, its
Manager
By: ______________________________
Name: Charles R. Lande, President

SNOWCREEK INVESTMENT COMPANY II, LLC,
a Delaware limited liability company
By: LLJ Mammoth Ventures, LLC, its Sole Member
By: Snowcreek Manager, LLC, its Manager
By: ______________________________
Name:

Title:

By: Chadmar Mammoth Venture LLC, its
Manager
By: ______________________________
Name: Charles R. Lande, President

-
State of California )
County of Mono )
On _________________________, before me, , (insert name and title of the officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

-
State of California )
County of Mono )
On _________________________, before me, , (insert name and title of the officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

-
State of California )
County of Los Angeles )
On _________________________, before me, , (insert name and title of the officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

-
State of California )
County of Los Angeles )
On _________________________, before me, , (insert name and title of the officer) personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

LIST OF EXHIBITS
A-1 Legal Description for Property of Snowcreek VII
A-2 Legal Description for Property of Snowcreek VIII
B Snowcreek Greater Community Benefits
C Vested Rules
D Phasing Plan
E Schedule of Town Fees effective as of the Date of this Agreement F Legal Description for Propane Tank Farm Easement
G Form of Assignment Agreement
H Form of Subordination Agreement
I Town of Mammoth Lakes Review Times
J Area of Geographic Nexus
K Legal Description for Mammoth Creek Open Space Corridor

EXHIBIT A-1
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EXHIBIT A-1

LEGAL DESCRIPTION
FOR

SNOWCREEK VII
LOT 4 OF TRACT 36-134 IN THE TOWN OF MAMMOTH LAKES, COUNTY OF MONO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9 PAGES 56-56H OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE BOUNDARIES OF PARCEL 1 OF PARCEL MAP 36-133 IN THE TOWN OF MAMMOTH LAKES, COUNTY OF MONO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGE 7 AND 7A OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT A-2
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EXHIBIT A-2

LEGAL DESCRIPTION
FOR

SNOWCREEK VIII
PARCEL A:

LOTS 3, 4, 5, 6 AND THOSE CERTAIN STRIPS OF LAND DESIGNATED AS “FAIRWAY DRIVE” AND “MINARET ROAD” AS SHOWN AND DEFINED UPON THE MAP OF TRACT NO. 36-166, IN THE TOWN OF MAMMOTH LAKES, COUNTY OF MONO, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 10 PAGE 21 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL B:

LOT LINE ADJUSTMENT PARCEL 2 OF LOT LINE ADJUSTMENT 1999-08 PER CERTIFICATE OF COMPLIANCE RECORDED IN BOOK 897 OF OFFICIAL RECORDS AT PAGE 80 IN THE OFFICE OF THE COUNTY RECORDER OF MONO COUNTY, CALIFORNIA.

EXCEPT THEREFROM THAT PORTION OF SAID LOT LINE ADJUSTMENT PARCEL 2 DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT LINE ADJUSTMENT PARCEL 2 OF LOT LINE ADJUSTMENT 2001-05 PER CERTIFICATE OF COMPLIANCE RECORDED AS INSTRUMENT NUMBER 2001009429 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT LINE ADJUSTMENT PARCEL 2 SOUTH 13°52'08" WEST 518.96 FEET; THENCE CONTINUING ALONG SAID BOUNDARY LINE SOUTH 02°08'52" WEST 594.15 FEET TO AN ANGLE POINT IN SAID BOUNDARY LINE; THENCE LEAVING SAID BOUNDARY LINE NORTH 03°44'15" EAST 447.64 FEET; THENCE NORTH 12°12'51" EAST 167.91 FEET; THENCE NORTH 09°33'27" EAST 493.62 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPT THEREFROM THAT PORTION OF LOT LINE ADJUSTMENT PARCEL 2 OF SAID LOT LINE ADJUSTMENT 1999-08 DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF LOT LINE ADJUSTMENT PARCEL 2 OF SAID LOT LINE ADJUSTMENT 2001-05, SAID POINT BEING THE INTERSECTION OF THE SOUTH BOUNDARY LINE OF SAID LOT LINE ADJUSTMENT PARCEL 2 AND THE EAST LINE OF RANCH ROAD AS OFFERED FOR DEDICATION ON TRACT NO. 36-166 PER MAP RECORDED IN BOOK 10 OF TRACT MAPS AT PAGES 21 THROUGH 21D IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 68°34'41" EAST 152.00 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT LINE ADJUSTMENT PARCEL 2; THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 29°56'24" EST 342.65 FEET; THENCE CONTINUING ALONG

EXHIBIT A-2
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SAID BOUNDARY LINE NORTH 50°44'12" EAST 22.49 FEET; THENCE LEAVING SAID BOUNDARY LINE SOUTH 13°40'02" WEST 116.14 FEET; THENCE SOUTH 35°44'51" WEST 272.10 FEE; THENCE SOUTH 77°03'19" WEST 147.27 FEET TO THE POINT OF BEGINNING.

SAID LAND IS SHOWN AS LOT LINE ADJUSTMENT PARCEL 2 OF LINE ADJUSTMENT 2003-06 AS PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 22, 2003 AS INSTRUMENT NO. 2003011728 OF OFFICIAL RECORDS.

PARCEL C:

TRACTS 46 & 47, SECTION 2, TOWNSHIP 4 SOUTH, RANGE 27 EAST, M.D.M., IN THE

TOWN OF MAMMOTH LAKES, COUNTY OF MONO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

.

EXHIBIT B
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EXHIBIT B

SNOWCREEK GREATER COMMUNITY BENEFITS
The Town acknowledges a number of project features in both Snowcreek Projects as conditioned and approved by Town Council go beyond what may legally be imposed on development projects through an entitlement process. Those greater community benefits include but are not limited to:

1. The Additional Financial Contribution.

2. Fiscal benefits that will accrue to the Town and community through the implementation of the Project as intended that would not occur without this Agreement, including transient occupancy taxes.

3. 8.9 acres of park area provided in excess of that required in conjunction with the buildout of Snowcreek VIII.

4. Preservation of Mammoth Creek open space corridor.

5. Championship 18-hole golf course will be designed by a top course architect.

6. Practice facility to be designed by a top course architect.

7. Secondary access for both Snowcreek V and VIII and the Emergency Vehicle Access Road connecting the Snowcreek VIII Project to Sherwin Creek Road is in addition to Mammoth Lakes Fire Protection District (“MLFPD”) requirements.

8. Allowing egress of backcountry skiers, snowboarders, snowshoers from the Sherwin Range immediately upon approval of the Project prior to its construction and completion.

9. Programming of public spaces, including but not limited to the Great Lawn and Outfitters' Cabin, to increase visitation to the project and Town.

10. Establishment of public access across certain points of the project to allow public egress to surrounding public lands prior to Project construction and after completion and which would also provide access to an enhanced network of publicly accessible multi-use paths that is connected to the Town's trail system.

11. If needed by the Town, the Developer will provide the property described on Exhibit F attached hereto and incorporated herein by this reference for propane storage tanks.

.

EXHIBIT C
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EXHIBIT C

VESTED RULES
[As of the Effective Date]
Project Approvals. “Project Approvals” means: (a) the existing Town permits, approvals and entitlements for the Projects set forth below and in Section 3.2; plus (b) any amendments or additions to the Project Approvals and any Subsequent Permits (as defined in Section 5.1.1) which are subsequently issued by the Town and approved by Developer, in accordance with the procedures described in Section 3.1. The Project Approvals are included in the Vested Rules.

Snowcreek VII. The existing Project Approvals approved by the Town for the Snowcreek VII Project, are the following:

Master Plan at Mammoth, approved by the County of Mammoth Lakes in 1981.

Final Tract Map 36-236A for Phase 1 recorded 7/10/07, Book 10, Page 105.

Final Tract Map 36-236B for Phase 2 recorded 10/9/2019, Book 11, Page 15.

Final Tract Map 36-236C for Phase 3 recorded 4/8/2021, Book 12, Page 17.

Tentative Tract Map 36-236 for Phases 2 and 3 as modified by Resolution PC2009-01 and as further modified by this Agreement with respect to Special Planning Condition of Approval No. 11 in Resolution 2006-15, which shall read as originally approved (new italicized language is hereby deleted).

Use Permit 2005-11 approved by Resolution 2006-15, dated 5/24/06, as modified by Resolution PC 2009-01.

Grading Permits: Restricted Permit 2006-15 dated 4/24/07, Full Phase I Permit 2006-15 dated (in error) 4/24/07 (signed May 3, 2007); Amendment 01 to Grading Permit 2006- 15 allowing dirt stockpiling on Snowcreek VIII property, dated 8/2/07.

Building Permits for Building 1-39.

Encroachment Permit 2006-10 dated 9/21/06 for sewer line and water line work.

Improvement Permit 2006-20 dated 6/18/06 for water line work.

Permit 2007-164041 dated 4/28/08 allowing Rec Building Remodel.

Certificates of Occupancy for Building 1 – 39.

The permitted uses, the density or intensity of use, the zoning, the maximum height and size of buildings, the provisions for reservation and dedication of land, and the subdivision or use permit improvement requirements for Snowcreek VII are set forth in the existing Project Approvals, as supplemented by Subsequent Permits issued in conformance with the Vested Rules.

.

EXHIBIT C
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Snowcreek VIII. The existing Project Approvals approved by the Town for the Snowcreek VIII Project, are the following:

General Plan Amendment to the Urban Growth Boundary.

Zone Code Amendment to effectuate the Snowcreek VIII Master Plan Update 2007, approved on August 5, 2009 (“Snowcreek Master Plan Update 2007”). Permitted uses for the Snowcreek VIII portion of the Snowcreek Projects are set forth in the Snowcreek Master Plan Update 2007.

Snowcreek VIII Master Plan Update 2007, approved on July 8, 2009 (“Snowcreek Master Plan Update 2007”). Permitted uses for the Snowcreek VIII portion of the Snowcreek Projects are set forth in the Snowcreek Master Plan Update 2007.

Conditional Use Permit # 88-19 approved 4/12/1989 for the current 9-hole golf course existing on the Snowcreek VIII Property.

Tentative Tract Map 09-002 to allow parcelization of approximately 222 acres within the Snowcreek Master Plan Update Area approved by Resolution on December 9, 2009, and recorded on January 14, 2010.

Final Tract Map 09-002 for the parcelization of the approximately 222 acres within the Snowcreek Master Plan Update Area, recorded 8/31/2023, Book 12, Page 22A.

CDDD 2009-25 for AP 09-004 dated 1/12/10 approving the temporary restaurant at the Golf Course and extending the use permit on the existing temporary clubhouse.

Resolution No. PEDC 2024-11 for Tentative Tract Map 23-002 and Use Permit 23-003 approving the Phase I subdivision for Snowcreek VIII, dated 9/11/2024.

The permitted uses, the density or intensity of use, the zoning, the maximum height and size of buildings, the provisions for reservation and dedication of land, and the subdivision or use permit improvement requirements for the Snowcreek Projects are set forth in the existing Project Approvals, as supplemented by Subsequent Permits issued in conformance with the Vested Rules.

EXHIBIT D
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EXHIBIT D

PHASING PLAN
Figure 5.7 of Master Plan Update

EXHIBIT E
-1-

EXHIBIT E

SCHEDULE OF PLANNING FEES
in effect on the Effective Date of this Agreement