1 Table of contents 218-219

October 19, 2020 Directors Report

September Maintenance Spreadsheet.pdf		62-63
Vintage September 2020		62-63
Concessionaire Amendment Staff Report.pdf		78
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		78
BOARD OF DIRECTORS		78
Agenda Item: Concessionaire Contract		78
Background:		78
Motion(s) for Consideration:		78
Designated Funding: N/A		78
Purchase and Sale Agreement cb clean 10.08.20.pdf		98
ARTICLE 1 AGREEMENT TO PURCHASE AND SELL		98
ARTICLE 2 pURCHASE tERMS		98
2.1 Purchase Price. The purchase price (“Purchase Price”) to be paid by Purchaser to Seller for the Property shall be Thirty Thousand Dollars ($30,000.00) which shall be paid as follows:		98
2.1.1 New East Wall. Purchaser agrees to have a new block wall constructed as shown on Exhibit “D” as “Prop. Wall”, attached hereto and incorporated herein by this reference. The existing block wall along the eastern edge of the Property shall be ow...		99
2.1.2 Installation of Wrought Iron Gates and Fence. Purchaser shall install, or have installed, wrought iron gates and fence panels as shown on Exhibit “E” attached hereto and incorporated herein by this reference. Purchaser shall bear all costs and...		99
2.1.3 Access Easement Restrictions on Parking. Purchaser acknowledges and agrees that Seller will access to the Property from Sunrise Drive, aka Sunrise Circle, over a portion of the Surplus Property via an access and pipeline easement to be retained...		99
2.1.4 Administrative and Legal Fee. Purchaser has deposited the sum of Fourteen Thousand Dollars ($14,000.00) (the “Deposit”) with Seller to be used toward administrative and legal expenses incurred in preparing this Agreement and consummating the tr...		99
2.2 Escrow and Title Insurance. The parties do not intend to use an escrow for the performance of this Agreement. However, Purchaser may, at Purchaser’s sole cost and expense, obtain a policy of title insurance.		99
2.3 Closing. The Closing shall occur following verification by Seller of the following:		100
2.3.1 Completion of the new block wall along the new eastern edge of the Property as shown on Exhibit “D” as “Prop. Wall”;		100
2.3.2 Completion of installation of wrought iron gates and fence panels as shown on Exhibit “E”;		100
2.3.3 Lien waivers and lien releases from all contractors, subcontractors and materialmen; and		100
2.3.4 Payment of Thirty Thousand Dollars ($30,000.00).		100
2.4 Real Property Taxes; Closing Prorations and Adjustments. The parties acknowledge that because of Seller’s status as a public entity, the Property has not been subject to real property taxation during Seller’s period of ownership. Purchaser will b...		100
2.5 Documents to Be Delivered by Seller at Closing. At the Closing, Seller shall deliver or cause to be delivered to Purchaser, the following, each of which shall be in form reasonably satisfactory to Purchaser:		100
2.5.1 A duly executed and acknowledged Grant Deed to the Property in the form attached hereto as Exhibit “C”;		100
2.5.2 All other documents (if any) required to be executed and delivered by Seller; and		100
2.5.3 Such other instruments and documents as may be reasonably required in order to carry out the purposes of this Agreement.		100
2.6 Documents to Be Delivered by Purchaser at Closing. At the Closing Purchaser shall deliver to Seller, the following, each of which shall be in form reasonably satisfactory to Seller:		100
2.6.1 The Purchase Price, plus or minus adjustments, credits and prorations provided for herein; and		100
2.6.2 A Documentary Transfer Tax Affidavit as required by the Riverside County Assessor-County Clerk-Recorder;		100
2.6.3 A Preliminary Change of Ownership Report; and		100
2.6.4 Such other instruments and documents as may be reasonably required in order to carry out the purpose of this Agreement.		100
2.7 Conditions to Seller’s Obligations. The Closing and Seller’s obligations to consummate the transaction contemplated by this Agreement are subject to the satisfaction of the following conditions (or Seller’s waiver thereof) which are for Seller’s ...		101
2.7.1 Purchaser’s Obligations. As of the Closing, Purchaser shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Purchaser; and		101
2.7.2 Purchaser’s Representations. As of the Closing, all representations and warranties made by Purchaser to Seller in this Agreement shall be true and correct as of the Closing.		101
2.8 Conditions to Purchaser’s Obligations. The Closing and Purchaser’s obligations to consummate the transaction contemplated by this Agreement are subject to the satisfaction of the following conditions (or Purchaser’s waiver thereof) which are for ...		101
2.8.1 Seller’s Obligations. As of the Closing, Seller shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Seller; and		101
2.8.2 Seller’s Representations. As of the Closing, all representations and warranties made by Seller to Purchaser in this Agreement shall be true and correct as of the Closing.		101
2.9 Covenants. Prior to the Closing or termination of this Agreement,		101
2.9.1 Seller agrees: (a) Seller will not enter into any new lease agreements, license agreements or similar agreements with respect to the Surplus Property, (b) Seller will not encumber the Surplus Property, (c) enter into any maintenance or service a...		101
2.9.2 Purchaser covenants to prosecute the new Prop. Wall and installation of wrought iron gates and fence panels diligently and to complete all such work in a workmanlike manner, maintaining the Property and the Surplus Property in a clean, neat and ...		101
ARTICLE 3 REVIEW PERIOD		101
3.1 Purchaser’s Review Period. Purchaser’s Review Period (“Review Period”) shall expire twenty-five (25) days after the execution of this Agreement, unless terminated earlier by Purchaser. If Purchaser has not approved, disapproved or waived all cont...		101
3.1.1 Prior to the expiration of the Review Period, Purchaser shall have the right, at Purchaser’s sole cost and expense, to obtain and review a preliminary title report (“Title Report”) for the Property. Prior to the expiration of the Review Period,...		102
3.1.2 Purchaser shall have the right, and Seller shall reasonably cooperate with Purchaser as necessary and at no cost to Seller, to obtain such zoning, variances, permits, approvals and other entitlements (“Entitlements”) as may be necessary or desir...		102
3.2 Purchaser’s Investigations of the Property. During the Review Period, Purchaser and its agents and contractors shall have the right to conduct such investigations and enter upon the Property to conduct, at Purchaser’s expense, such tests and inve...		102
3.3 Indemnification. Purchaser will defend, indemnify and hold Seller free and harmless from and against any and all claims, damages and liabilities relating to or arising out of Purchaser’s exercise of its rights under Section 3.2 above provided tha...		102
3.4 Copies of Reports. In the event of a material default by Purchaser, Purchaser shall provide to Seller copies of all reports resulting from Purchaser’s exercise of its rights under this Article 3. Such reports will be provided without cost to Sell...		103
ARTICLE 4 REPRESENTATIONS AND WARRANTIES		103
4.1 Seller’s Representations and Warranties. Seller is selling the Surplus Property AS-IS with all faults, but represents and warrants to Purchaser as follows:		103
4.1.1 Authority. Seller has full power and authority to sell, convey and transfer the Surplus Property as provided for in this Agreement and this Agreement is binding and enforceable against Seller.		103
4.1.2 Hazardous Materials. To Seller’s actual knowledge, Seller has not caused any Hazardous Materials to be placed or disposed of on or at the Surplus Property or any part thereof in any manner or quantity which would constitute a violation of any E...		103
4.1.3 With respect to the Surplus Property, there are no existing or pending contracts of sale, options to purchase, rights of first refusal (or the like) or other unrecorded agreements or understandings with third parties regarding the ownership or u...		103
4.1.4 There are no pending or, to the best of Seller’s knowledge, contemplated eminent domain or condemnation proceedings affecting or which may affect any portion of the Surplus Property.		103
4.2 Purchaser’s Representations and Warranties. Except as expressly set forth in this Agreement, Purchaser is relying upon no warranties, express or implied, oral or written, from Seller regarding the Surplus Property and, upon Closing, Purchaser wil...		103
4.2.1 Agreements. Neither the execution and delivery of this Agreement by Purchaser nor the consummation of the transactions contemplated hereby will result in any breach or violation of or default under any judgment, decree, order, mortgage, lease, ...		104
4.2.2 Authority. Purchaser is a duly organized corporation in good standing with the California Secretary of State and Purchaser has full power and authority to execute this Agreement and purchase the Property as provided for in this Agreement and th...		104
4.2.3 As-Is Acquisition. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEME...		104
4.2.4 General Waiver. With respect to the waivers and releases set forth in Section 4.2.3, above, Purchaser expressly waives any of its rights granted under California Civil Code Section 1542, which provides as follows: A general release does not ex...		105
ARTICLE 5 DEFAULTS; REMEDIES		106
5.1 PURCHASER’S DEFAULT AND LIQUIDATED DAMAGES. PURCHASER AND SELLER AGREE THAT SHOULD PURCHASER DEFAULT IN PURCHASER’S OBLIGATION TO PURCHASE THE PROPERTY WITHIN THE TIME AND IN THE MANNER SPECIFIED IN THIS AGREEMENT, SELLER SHALL BE RELEASED FROM A...		106
5.2 Seller’s Default. If the transaction contemplated hereby does not close by reason of a material, uncured default by Seller in any of the terms hereof, then Purchaser may terminate this Agreement and pursue against Seller as Purchaser’s sole and e...		106
ARTICLE 6 MISCELLANEOUS		106
6.1 Payment of Real Estate Brokers and Consultants. Each party represents to the other that no real estate broker has been used in connection with this transaction unless pursuant to a separate agreement. Purchaser agrees to indemnify, defend and hol...		106
6.2 Notices. All notices and other communications which are required to be, or which may be given under this Agreement, shall be in writing and shall be delivered at the addresses set out hereinbelow. Notice may be given by personal delivery, recogn...		106
6.3 Possession. Possession of the Surplus Property shall be delivered to Purchaser at the Closing.		107
6.4 Assignment. Purchaser may not assign or pledge any of its rights hereunder without the prior written consent of Seller. Subject to the foregoing, this Agreement shall be binding upon the parties hereto and each of their successors and assigns.		107
6.5 Entire Agreement. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof except as may b...		107
6.6 Severability. If any term or provision of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and other applications thereof shall not be affected thereby.		107
6.7 Captions; Number. The captions contained in this Agreement are for the convenience of reference only, and shall not affect the meaning, interpretation or construction of this Agreement. As used in this Agreement, the singular form shall include ...		107
6.8 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.		108
6.9 Governing Law. This Agreement has been executed and delivered, and is to be performed, in the State of California, and this Agreement and all rights, obligations and liabilities hereunder shall be governed by, and construed in accordance with, th...		108
6.10 Time of the Essence. Time is of the essence of this Agreement.		108
6.11 Modification. The provisions of this Agreement may not be amended, changed or modified orally, but only by an agreement in writing signed by the party against whom any amendment, change or modification is sought.		108
6.12 Waiver. Except as otherwise expressly provided in this Agreement, no waiver by a party of any breach of this Agreement or of any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by such o...		108
6.13 Business Days. Except as otherwise provided in this Agreement, if any date specified in this Agreement for the Closing Date or for commencement or expiration of time periods for termination or approvals or for notice occurs on a day other than a...		108
6.14 Attorney Fees. In the event of any dispute arising out of the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs, to include any attorney fees or costs on appeal.		108
6.15 Termination Due to Lack of Execution. If Purchaser has not provided a signed copy of this Agreement to Seller within thirty (30) days following Seller’s delivery of this Agreement to Purchaser, Seller may elect to terminate this Agreement and th...		108
(a) Commercial General Liability Insurance written on an occurrence basis of at least $1,000,000 per occurrence/$2,000,000 aggregate including ongoing operations, products and completed operations, property damage, bodily injury, personal and adve...		120
(i) Coverage for Commercial General Liability insurance shall be at least as broad as Insurance Services Office Commercial General Liability coverage form (Occurrence Form CG 00 01) or exact equivalent.		120
(ii) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products and completed operations liability; or (4) cont...		120
(iii) The policy shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, agents, and volunteers as additional insureds using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the e...		120
(b) Commercial Automobile Liability Insurance written on a per occurrence basis of at least $1,000,000 per occurrence for bodily injury and property damage.		120
(i) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto)		120
(ii) The policy shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, agents, and volunteers as additional insureds.		120
(c) Workers’ Compensation Insurance/Employers Liability as required by the State of California with statutory limits or be legally self-insured pursuant to Labor Code section 3700 et seq. along with Employer’s Liability limits of no less than $1,000,...		120
(a) Insurers shall provide CVWD at least thirty (30) days prior written notice of cancellation of any policy required by this Permit, except that insurers shall provide at least ten (10) days prior written notice of cancellation of any such policy due...		121
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Permittee’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by CVWD or any additional insured...		121
(c) All required insurance coverages shall contain a provision, or be endorsed, to waive subrogation in favor of the Coachella Valley Water District, its employees, directors, officers, and agents or shall specifically allow Permittee to waive its rig...		121
(d) If at any time during the life of the Permit, any policy of insurance required under this Permit does not comply with these specifications or is canceled and not replaced, CVWD has the right but not the duty to obtain the insurance it deems necess...		121
(e) CVWD may require Permittee to provide complete copies of all insurance policies and endorsements in effect for the duration of the Permit.		121
(f) The general liability and automobile liability programs may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by CVWD, and provided that such deductibles shall not apply to CVWD as an ad...		121
(g) Claims made policies are not acceptable		121
(h) Permittee shall not allow any of its contractors, consultants, subcontractors or subconsultants to commence work under this Permit until Permittee has required and verified that contractors, subcontractors, consultants, or subconsultants have secu...		121
Palm Tree Staff.pdf		168
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		168
BOARD OF DIRECTORS		168
Agenda Item: Palm Tree(s) Removal/Replacement		168
Background:		168
Motion(s) for Consideration:		168
Designated Funding: Reserve Fund		168
Date Palm Removal Comparison.pdf		170-171
Sheet1		170-171
Landscape Set.pdf		140-141
File-001-L-1		140-141
File-002-L-2		142-143
File-003-L-3		144-145
File-004-L-4		146-147
File-005-L-5		148-149
File-006-L-6		150-151
File-007-L-7		152-153
File-008-L-8		154-155
File-009-L-9		156-157
File-010-L-10		158-159
File-011-L-11		160-161
File-012-L-12		162-163
File-013-L-13		164-165
File-014-L-14		166-167
Rule Changes - 1st Reading.pdf		177
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		177
BOARD OF DIRECTORS		177
Agenda Item: Rule Changes – 1st Reading		177
Background:		177
Motion(s) for Consideration:		177
Designated Funding: N/A		177
Election Rules Current.doc -with comments..pdf		180
SECTION 14 ELECTION RULES		180
Applicability of Election Rules		180
Access to Association Communications		180
Candidate Qualifications		180
Nominations		181
Voting Qualifications		181
Inspector(s) of Elections		182
Election Procedures		183
Blank Page		179
Outdoor Resorts PS - Clean Election Rules 2020 .pdf		185
1. These Election Operating Rules shall apply to elections required to be held by secret ballot pursuant to Civil Code Section 5100(a). The Board of Directors may, in its discretion, also determine to apply these Election Operating Rules to govern an...		185
2. No Member shall be provided access to association media, newsletters or internet web sites within the period (30) thirty days prior to the date that ballots are sent to the membership in any election subject to Civil Code Section 5100(a) and these...		185
3. The Association will not edit or redact (black out) any content from communications set forth in Section 2. The Association may include a statement that the candidate or Member, and not the Association, is solely responsible for the content of the...		185
4. Candidates, including those who are not incumbents, and Members advocating a point of view reasonably related to the election, shall have equal access to any Common Area meeting space, if any exists. This access shall be provided at no charge for ...		185
5. Qualifications for candidates to the Board of Directors shall include:		185
6. At least thirty (30) days prior to the deadline for submission of candidacy nominations, the Association shall provide Members with notice (via general delivery) of the procedures and deadline for submitting a candidacy nomination.		186
7. Procedures for nomination of candidates to the Board shall allow for a Member to nominate himself or herself and shall be consistent with the Governing Documents.		186
8. At least thirty (30) days prior to the mailing of ballots, the Association shall prepare:		186
a. A candidate registration list showing the names of all candidates that will appear on the ballot; and		186
b. A voter list which includes the name, voting power, mailing address, and separate interest address or parcel number for each Member.		186
9. Members have the right to inspect and verify the accuracy of their individual information on both lists identified in Section 8. Errors reported to the Inspector(s) of Elections shall be corrected within two (2) business days.		186
10. The Board may, but is not required to, set the date the ballots are mailed or otherwise delivered as the “voting cut-off date” to establish membership status for voting.		186
11. Every Member of record shall have the right to vote, unless the Board adopts the voting cut-off date and an individual was not a Member of Record as of that date.		186
12. The voting power of each Member shall be as described in the Association’s Bylaws and/or Declaration.		186
13. Inspector(s) of Elections (i.e. independent third parties) shall be appointed by the Board. The number of Inspector(s) of Elections shall be one (1) or three (3). If there are three (3) Inspectors of Elections, the decision or act of a majority ...		186
14. The following persons may not serve as Inspector(s) of Elections: Board Members, candidates, persons who are related to Board Members, persons who are related to candidates, or any party who is currently employed or under contract with the Associa...		186
15. The following persons are independent third parties and may serve as Inspector(s) of Elections: Any third-party person or company hired by the Association solely for this specific purpose. Association Members may serve as Inspector(s) of Elections...		187
16. Independent third parties may be compensated for performing Inspector(s) of Elections services. Association Members, however, are not entitled to compensation for serving as Inspector(s) of Elections.		187
17. Inspector(s) of Elections may appoint and oversee additional independent third parties to verify signatures and to count and tabulate votes.		187
18. The Inspector(s) of Elections are charged with performing the following duties:		187
19. After the deadline for submission of candidacy nominations, and at least thirty (30) days prior to the mailing of ballots, the Association shall prepare the candidacy registration list and voter list, pursuant to Section 8 above.		187
20. At least thirty (30) days prior to the mailing of ballots, the Association shall provide Members notice of the following (via general delivery):		187
a. The date, time, and physical location for the return of ballots;		187
b. The date, time, and location of meeting; and		187
c. The names of all candidates that will appear on the ballot.		187
21. At least thirty (30) days prior to the deadline for voting, the Inspector(s) of Elections or Association shall mail or otherwise deliver ballots to the Members. Within this same timeframe, a copy of these Election Operating Rules shall be provided...		187
a. By mail with the ballots; or		187
b. By posting to a website and including the corresponding website address on the ballot together with the phrase in at least 12-point font: “The rules governing this election may be found here: …”		188
22. The voting period for elections shall commence when the notice of the meeting and/or ballots have been mailed/ delivered to all Members and shall terminate as stated in the notice and/or ballot or as determined by the Inspector(s) of Elections, co...		188
23. After the notice referenced in Section 20 has been distributed, the Board will hold a forum to allow the Members to meet and ask questions of the candidates. For all other ballot measures that are required to be submitted to the membership pursuan...		188
24. The form and content of election materials, i.e., secret written ballot, envelopes, proxies, etc., shall conform to the requirements of the Civil Code.		188
25. No Member shall be denied a ballot, unless the Board adopts the voting cut-off date and an individual was not a Member of Record as of that date.		188
a. No person who holds a valid general power of attorney for a Member shall be denied a ballot, if requested.		188
b. A ballot cast by a person who holds a valid general power of attorney for a Member shall be counted if received timely by the Inspector(s) of Elections.		188
26. Once a ballot has been received by the Inspector(s) of Elections, it shall be irrevocable. If proxies are allowed and a Member submits both a proxy and a ballot to the Inspector(s) of Elections, the ballot will supersede the proxy.		188
27. The authenticity, validity and effect of proxies submitted by Members shall be determined by the Inspector(s) of Elections, consistent with the Association’s Governing Documents and California law.		188
28. Proxies may not be used in lieu of a ballot. Proxies may be revoked by the Member prior to receipt of the ballot by the Inspector(s) of Elections.		188
29. Votes shall be counted and tabulated by the Inspector(s) of Elections or their designee(s) in an open area at a properly noticed open meeting of the Board or Members. Any candidate or other Member may witness the counting and tabulation of the vo...		188
30. Notice of the tabulated results of the election shall be provided to the Members (by general delivery) within fifteen (15) days of the election.		188
31. Ballots, signed voter envelopes, the voter list, proxies, and the candidate registration list shall be retained in the custody of the Inspector(s) of Elections or at a location designated by the Inspector(s) of Elections as set forth in Civil Code...		188
32. If there is a recount or other challenge to the election process, the Inspector(s) of Elections shall, upon written request, make the ballots available for inspection and review by an Association Member or his or her authorized representative, at ...		189
Meeting Room Guidelines Staff.pdf		191
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		191
BOARD OF DIRECTORS		191
Agenda Item: Multipurpose Room Usage Guidelines		191
Background:		191
For Consideration:		191
Designated Funding: N/A		191
Administrative Policies and Procedures Staff.pdf		193
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		193
BOARD OF DIRECTORS		193
Agenda Item: Administrative Policies and Procedures		193
Background:		193
Designated Funding: N/A		193
Pavement Management Plan Staff.pdf		195
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		195
BOARD OF DIRECTORS		195
Agenda Item: Pavement Management Plan		195
Background:		195
For Consideration:		195
Designated Funding: Reserves		195
Three Year - Table.pdf		200-201
Sheet1		200-201
CVWD Property Staff Report.pdf		97
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		97
BOARD OF DIRECTORS		97
Agenda Item: CVWD Property		97
Background:		97
Motion(s) For Consideration:		97
Designated Funding: Capital Projects (Budgeted)		97
September Financials.pdf		6
September Financials		6
Operating Balance Sheet - Assets		6
Operating Balance Sheet - Liabilities		7
Operating Summary		8-9
Operating Income Statement Detail		10-11
Reserve Balance Sheet		40
Reserve Income Statement		42-43
Development Fund Balance Sheet		44
Development Fund Income Statement		46-47
Operating Working Capital Policy		48
Operating Forecast		50-51
September Income Statement Comments		52
Revenue:		52
Expense:		52
September 21, 2020 -Board Meeting Minutes DRAFT.pdf		72
Present		72
Call to Order		72
Presidents Report		72
Treasurer’s Report & Ratification		73
Secretary’s Report		73
General Manager’s Report		73
Committee Reports		73
Consent Agenda		74
Unfinished Business		74
New Business		74
Discussion		75
Open Forum		75
Adjournment		75

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