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 with the following modifications (modifications shown in underline italics for changes and strikethrough for deletions):
Wildfire Mitigation (Section 2.2.1.7)
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, or in an alternative alignment recommended by the MLFPD, and agreed to by the Developer, and in accordance with best practices for wildfire mitigation. Fuels shall be maintained in a condition that minimizes wildfire risk to the community in accordance with wildfire mitigation best practices. The MLFPD agreement shall give the MLFPD the ability to implement additional wildfire mitigation measures on the Snowcreek VIII Property if it is determined that the fuel conditions within the Snowcreek VIII Property pose a significant wildfire risk to the community. 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.
Golf Course Operations Plan (Section 2.2.1.2)
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. The 9-hole Golf Course Operations and Maintenance Plan shall be reviewed and approved by the Town Council prior to recordation.
Unavoidable Delays or Events (Section 11.15)
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 within the Resort Zone of the Town 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.