1 Table of contents 276

August 13 2020- Director's Report

Board Agenda - 8.13.20.pdf		2
June Financials 2020		6-7
P&L PG 1		6-7
P&L PG 2		8-9
P&L PG 3		10-11
P&L PG 4		12-13
P&L PG 5		14-15
P&L PG 6		16-17
P&L PG 7		18-19
P&L PG 8		20-21
OPERATING BALANCE SHEET PG 1		22
OPERATING BALANCE SHEET PG 2		23
FUND BALANCE SHEET		24-25
FUND STATEMENT OF REVENUES & EXPENSES		26-27
OPERATING P&L COMMENTS		28-29
WORKING CAPITAL		30
CAPITAL BALANCE SHEET		31
CAPITAL P & L		32-33
RESERVE BALANCE SHEET		34
RESERVE P&L		36-37
FORECAST		38-39
Compliance and A&A Statestics for July 2020		42
Report - Landscape		48-49
Security Stats July 2020		47
Board Meeting Minutes July 16, 2020 adjusted		54
Present		54
Call to Order		54
Presidents Report		54
Treasurer’s Report		55
Secretary’s Report		55
General Manager’s Report		55
Committee Reports		56
Consent Agenda		56
Unfinished Business		57
New Business		58
Discussion		58
Open Forum		58
Adjournment		58
Special Meeting June 29 2020		52
Strategic Plan Staff		60
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		60
BOARD OF DIRECTORS		60
Agenda Item: Strategic Plan – Phase 4 (Conceptual Design)		60
Background:		60
Motion(s) for Consideration:		60
Designated Funding: N/A		60
SURVEY REPORT - OUTDOOR RESORT PALM SPRINGS - MAY 2020		61
OutdoorResort-2020-MSRCover-v1		61
Introduction - Outdoor Resort Palm Springs - May 2020		62
Executive Summary - OUTDOOR RESORT PALM SPRINGS - MAY 2020		63
Outdoor TOC		72
Results & Analysis - Outdoor Resort PS - May 2020		73
OUTDOOR RESORT PALM SPRINGS		105
Outdoor Resort - FI report - 11 25 19		111
outdoor resorts ps csa nov 25 19.pdf		114
CONSULTING SERVICES AGREEMENT		114
McMahon Group will provide the following consulting services for the Outdoor Resorts/Palm Springs Owners Association (hereinafter referred to as “the client”):		114
PHASE TWO - MEMBERSHIP SURVEY		115
PHASE FOUR – DEVELOPMENT OF A FACILITY MASTER PLAN (Must be authorized in advance by client prior to proceeding.)		116
GENERAL ISSUES		117
ADDITIONAL SERVICES (Must be approved in advance by the client.)		117
FEE/EXPENSE PAYMENTS		117
REIMBURSABLE EXPENSES		117
GENERAL CONDITIONS		118
Appraisal report marked up		147
EXHIBIT A Revised 07-30-2020 W-5.2FT marked up		214
Lease dog park Sunniva Agreement Signed		216
Purchase and Sale Agreement clean 8.7.20		122
ARTICLE 1 AGREEMENT TO PURCHASE AND SELL		122
ARTICLE 2 pURCHASE tERMS		122
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:		122
2.1.1 Relocation of East Wall. The existing block wall along the eastern edge of the Property shall be relocated by Purchaser as shown on Exhibit “D”, attached hereto and incorporated herein by this reference. Purchaser’s contractor shall be respons...		123
2.1.2 Installation of Wrought Iron Gates and Fence. Purchaser shall install 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 expenses of such in...		123
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...		123
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...		123
2.1.5 Thirty Thousand Dollars ($30,000.00).		123
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.		124
2.3 Closing. The Closing shall occur following verification by Seller of the following:		124
2.3.1 Completion of relocation of the existing block wall along the eastern edge of the Property as shown on Exhibit “D”;		124
2.3.2 Completion of installation of wrought iron gates and fence panels as shown on Exhibit “E”;		124
2.3.3 Lien waivers and lien releases from all contractors, subcontractors and materialmen; and		124
2.3.4 Payment of Thirty Thousand Dollars ($30,000.00).		124
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...		124
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:		124
2.5.1 A duly executed and acknowledged Grant Deed to the Property in the form attached hereto as Exhibit “C”;		124
2.5.2 All other documents (if any) required to be executed and delivered by Seller; and		124
2.5.3 Such other instruments and documents as may be reasonably required in order to carry out the purposes of this Agreement.		124
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:		124
2.6.1 The Purchase Price, plus or minus adjustments, credits and prorations provided for herein; and		124
2.6.2 A Documentary Transfer Tax Affidavit as required by the Riverside County Assessor-County Clerk-Recorder;		124
2.6.3 A Preliminary Change of Ownership Report; and		125
2.6.4 Such other instruments and documents as may be reasonably required in order to carry out the purpose of this Agreement.		125
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 ...		125
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		125
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.		125
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 ...		125
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		125
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.		125
2.9 Covenants. Prior to the Closing or termination of this Agreement,		125
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...		125
2.9.2 Purchaser covenants to prosecute the relocation of the existing block 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 Propert...		125
ARTICLE 3 REVIEW PERIOD		126
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...		126
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,...		126
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...		126
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...		126
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...		127
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...		127
ARTICLE 4 REPRESENTATIONS AND WARRANTIES		127
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:		127
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.		127
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...		127
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...		127
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.		128
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...		128
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, ...		128
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...		128
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...		128
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...		130
ARTICLE 5 DEFAULTS; REMEDIES		130
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...		130
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...		130
ARTICLE 6 MISCELLANEOUS		131
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...		131
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...		131
6.3 Possession. Possession of the Surplus Property shall be delivered to Purchaser at the Closing.		132
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.		132
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...		132
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.		132
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 ...		132
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.		132
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...		132
6.10 Time of the Essence. Time is of the essence of this Agreement.		132
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.		132
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...		132
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...		133
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.		133
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...		133
(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...		144
(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.		144
(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...		144
(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...		144
(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.		144
(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)		144
(ii) The policy shall be endorsed to name Coachella Valley Water District, its employees, directors, officers, agents, and volunteers as additional insureds.		144
(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,...		144
(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...		145
(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...		145
(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...		145
(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...		145
(e) CVWD may require Permittee to provide complete copies of all insurance policies and endorsements in effect for the duration of the Permit.		145
(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...		145
(g) Claims made policies are not acceptable		145
(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...		145
Board Member Resignation Staff		226
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		226
BOARD OF DIRECTORS		226
Agenda Item: Board Member Resignation		226
Background:		226
Motion(s) for Consideration:		226
Designated Funding: N/A		226
CVWD Email		121
Palm Tree Staff		227
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		227
BOARD OF DIRECTORS		227
Agenda Item: Palm Tree(s) Removal/Replacement		227
Background:		227
Motion(s) for Consideration:		227
Designated Funding: Reserve Fund		227
Palm Tree Status		228-229
Amazon Locker Staff		231
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		231
BOARD OF DIRECTORS		231
Agenda Item: Amazon Locker		231
Background:		231
Motion(s) for Consideration:		231
Designated Funding: Development Fund		231
Hub Spec Sheet 4.8.20		275
Hub_Presentation_Onboarding		232-233
Covid Staff		276
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		276
BOARD OF DIRECTORS		276
Agenda Item: Covid-19 Impact on Season Preparedness		276
Background:		276
Motion(s) for Consideration:		276
Designated Funding: N/A		276
CVWD Property Staff.pdf		120
OUTDOOR RESORT - PALM SPRINGS OWNER’S ASSOCIATION		120
BOARD OF DIRECTORS		120
Agenda Item: CCVWD Property		120
Background:		120
Motion(s) for Consideration:		120
Designated Funding: Capital Fund		120

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