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R. Mark CarneyProfessional Biography 

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Mark Carney is a founding principal of Liebersbach, Mohun, Carney & Reed, a land use and developer services law firm in Santa Barbara and Mammoth Lakes, California.  Mark has 28 years of experience assisting landowners, developers and financial institutions to assess, acquire, entitle, improve, lease, sell, and manage real estate assets throughout California.Mark has an unblemished record of success in negotiating, securing, amending, and defending approvals of development agreements, district plans, specific plans, master plans, tract maps, parcel maps, lot line adjustments, and conditional use permits in highly politicized entitlement environments.  In the past 15 years alone, Mark has helped his clients to entitle more than 1,500 resort lodging units, containing more than 2,500 hotel, condo-hotel, and condominium lodge rooms and more than 150,000 square feet of associated retail and restaurant space.  All of these approvals required compliance with the Subdivision Map Act, the California Environmental Quality Act, and the Department of Real Estate Regulations.

As California counsel to institutional landowners and developers including Intrawest Corporation, Starwood Development, Mammoth Mountain Ski Area, Credit Suisse First Boston, Anheuser-Busch, IStar Financial, CNL Lifestyle Properties, and Somera Capital Management, Mark has garnered vast experience in all other aspects of landowner and developer services law, including government and community relations, due diligence, entity formation, joint venture agreements, purchase and sale agreements, financing agreements, management agreements, easements, licenses, leases, and common interest development law.  Mark has negotiated multiple conservation easements with Federal and State agencies and non-profit land trusts which accrued substantial sums to private landowners.

Mark has also achieved consistent, demonstrable success in representing landowners and developers in a variety of real estate and land use litigations, including:  (1) an action by a consortium of developers against a municipality to invalidate and refund developer impact fees improperly levied; (2) an action by a consortium of developers against a municipal water district to invalidate and refund water and sewer hook-up fees that were improperly levied; (3) the successful defense of a developer sued by a bank to enforce a $38 Million personal guaranty;  (4) the successful defense of a $10 Million claim against the developer of an 120-lot single-family subdivision by an investor who wrongfully alleged a partnership interest in the development; and (5) various actions to quiet title to real property.

RECENT ENTITLEMENTS OBTAINED

All approvals required for Old Mammoth Place, a mixed-use development on six acres featuring a 480 lodging rooms, public events plazas, and 30,000 square feet of retail and restaurant space, including an amended general plan, district plan, specific plan, tentative tract map, conditional use permit, and success in the associated appeal and local voter referendum.

Tentative tract map and use permit for Vista Point, a 103-room fractional ownership resort lodge in Mammoth Lakes, California.

CURRENT ENTITLEMENT PROJECTS

Use permit for The Inn at the Pier, a 108-room full-service oceanfront hotel to be entitled and constructed in Pismo Beach, California.

Proposed master plan amendment and use permit for a 50-room full-service hotel in Avila Beach, California.

Specific plan amendment, tentative tract map, and use permit for The Inn at the Village, a 72-room full-service hotel in Mammoth Lakes, California.

Master plan amendment and tentative tract map for Altis Mammoth, a nine-lot ski-in/ski-out single-family subdivision in Mammoth Lakes, California.

REFERENCES

Rusty Gregory, Chief Executive Officer, Mammoth Mountain Ski Area

Jim Smith, Vice-President of Strategic Development for Vail Resorts Management Company and former Vice-President of Real Estate for Mammoth  Mountain Ski Area

Joe Walsh, President of Nivisys, LLC and former Senior Vice-president of Real Estate for Intrawest Corporation

Mark Wardlaw, Community Development Director for the County of San Diego County and former Community Development Director for the Town of   Mammoth Lakes

Dan Dawson, executive director of the Valentine Eastern Sierra Reserve, owned and operated by the University of California, Santa Barbar