March 31, 2021 Executive Session Directors Report

March 31, 2021 Executive Session Directors Report

Directors Report

Executive Session

March 31, 2021

MEETING OF THE BOARD OF DIRECTORS MONDAY, MARCH 31, 2021

VIRTUAL (Video/Phone) AGENDA (Board Version)

EXECUTIVE SESSION – 10 A.M. PT https://us02web.zoom.us/j/88431417654

I.

CALL TO ORDER A. Minutes – March 15, 2021 B. Contracts

1. Food & Beverage – Attached C. Member Delinquencies/Discipline 1. None D. Legal 1. Defamation Claim - Attached

2. Dog Park User License – Attached 3. Pickleball Petition – Oral Report 4. Common Area Exclusive Use – Oral Report E. Personnel 1. A&A Demand – Attached 2. Staff Evaluations – Oral Report

II.

ADJOURNMENT

Page 1 of 1

Executive Session of the Board of Directors Monday March 15, 2021 Virtual (Webinar/Phone) Minutes

Present Don Renoe, President Charlie Leahy, Vice President Charles Hare, Treasurer Kathy McCune, Secretary

John Boudin, Director Greg Farmer, Director Also Present: Ed Vitrano, General Manager Jennifer Miranda, Resort Services Manager & Executive Assistant to the Board & General Manager Call to Order

Meeting called to order by President Renoe at 10:02 am PT. Minutes Approval

A. Minutes Approval February 15, 2021

Motion – Director Farmer Second- Treasurer Hare Approved- Unanimously

Legal A. A&A Committee Rule Changes

The Board discussed the A&A Committees desire to make rule changes to the A&A Rules. They also reviewed the recommendation by Christina DeJardin of Delphi Law Group, of the Committees desire to not allow A&A Permits to be processed during the summer. Vice President Leahy recommended to delay the first reading to obtain additional input. B. Lot- Line Adjustment Request- Lot #461 The Board discussed the lot line adjustment request for Lot 461. GM Vitrano reported on the bids received to correct the lot line discrepancy and additional details requested by the Owners.

C. CVWD Acquisition GM Vitrano discussed the progress of the CVWD Acquisition.

D. COVID and the Resort 1. Association- sponsored Social Events- P/L Attached GM Vitrano reported on the County moving back into the Red Tier and how those changes may affect Activities. The Board also discussed new caterer experiences and feedback as well as the current reporting of income and reporting for Bar sales.

Contracts A. Road Bids

GM Vitrano discussed the bid options presented by AEC. GM Vitrano recommended to combine the low bid of City Service Paving of $138,552 and the alternate B of $46,629 for a total of $185,101.61. B. WIFI in the Resort GM Vitrano discussed the site visit by Internet Planet, their proposed plan and cost. The Board would like to meet with the company to discuss further, to be scheduled after the new Board has been formed. C. Food & Beverage GM Vitrano reported to the Board a conversation between Terry Cook owner of Bella Roma. GM Vitrano also discussed how recent changes to some Event processes have worked. Personnel A. Committee Appointments The Board did not have any questions about the Committee Appointments that have been recommended. B. Staff Evaluations GM Vitrano reported that he would like to set a meeting to discuss with the Board, his process and observations of the management staff regarding evaluations.

Member Delinquencies/ Discipline

A. Delinquent Assessment Report The Board did not have any questions about the Delinquent Assessment report. B. Filing of Liens The Board did not have any questions about the Filing of Liens. Adjournment

Page 2

Meeting adjourned at 12:03 p.m. PT

Respectfully Submitted: ______________________________

___________

Kathy McCune, Secretary

Date

Page 3

M arc h 31 , 2021 Contracts

A. Food & Beverage

From:

Terry Cook

To:

Edwin Vitrano

Subject:

End Lease Agreement

Date:

Wednesday, March 24, 2021 4:55:19 PM

To: Ed Vitrano General Manager Outdoor Resort 69411 Ramon Road Cathedral City, CA 92234

This letter is to inform you that TACOOK Enterprises, LLC, dba Bella Roma is ending it's lease agreement with Outdoor Resort Palm Springs Owners' Association effective April 4, 2021. We have appreciated working with you. Let me know if there is anything you need from us for closing before April 1, 2021. Thanks very much, Terry Cook TACOOK Enterprises, LLC 749 Inverness Dr Rancho Mirage, CA 92270 760-202-1854

Sent from the all new AOL app for iOS

March 31, 2021 Member Delinquencies/ Discipline None

March 31, 2021 Legal

A. Defamation Claim- Attached B. Dog Park User License- Attached C. Pickleball Petition- Oral Report D. Common Area Exclusive Use- Oral Report

From:

Board of Directors

To:

Charles Hare; Charles Leahy; Don Renoe; Edwin Vitrano; Greg Farmer; Jennifer Miranda; John Boudin; K McCune

Subject:

FW: Defamation of me

Date:

Thursday, March 18, 2021 1:24:14 PM

From: sherry mindel Sent: Thursday, March 18, 2021 1:24:02 PM (UTC-08:00) Pacific Time (US & Canada) To: Charlie Leahy Cc: Board of Directors ; Edwin Vitrano Subject: Defamation of me Mr. Leahy, You and I have never had a conversation in the 8 years I’ve been an owner at ORPS. I am baffled then WHY in the past week you:

1. Pulled aside a realtor to ask “is Sherry involved in this deal and why is she here; 2. Asked another owner if Sherry was the one who sold the lot to them. And even after being told I wasn’t, persisted that you were going to email the Board to tell them I was doing something wrong. (Both parties have approached me)

Number one, the two couples that are buying side by side lots were referred to me by another owner and friend, and have become friends of mine; I gave a great explanation as to why I couldn’t legally show them or conduct real estate business yet as I have not moved my license yet to a new firm. A licensed realtor did help them but your comment left a bad taste in their mouth. Number two, I often hook owners up with owners. If someone has a product and someone else is looking, I’ve put many people in touch without receiving any compensation. It’s called being a friend. More often than not, I have collected rents on Darcey Deetz’ behalf and have given 100% of the collection to the lot owner, again, it’s sometimes the right thing to do. I’ve worked very hard and very long hours the past two seasons under the direction of another licensed agent just like me, with the same license as mine. It was terribly monetarily inequitable, hence my removing my license from the same broker. It was grossly unfair that in all the time I’ve worked, all the lots I sold at ORPS which were the majority, I never made anything but $500 per lot, never. I have been reluctant about signing with a new broker as your words are very much harming my reputation and my ability to make an income. I do not want another broker suffering under your negativity of me which, is without cause. At this point, I’m asking you to cease any talk that is harmful to me as a working realtor. Charly, people always stop or find me to tell me of your conversations. I’ve now grown tired of it and it’s now costing me business and a livelihood. An apology certainly wouldn’t be out of order. I have inserted todays Department of Real Estate information here for your review so that you do see, my license was issued in 2005, renewed November 2020.

Sherry Mindel 661-673-6000 Lot 140 Sent from my iPad

March 31, 2021 Dog Park User License

From:

Edwin Vitrano

To:

Board of Directors

Subject:

FW: ORPS - Update License Agreement Friday, March 26, 2021 11:31:00 AM

Date:

Attachments:

image001.png image003.png

I’m going to place this item on the agenda for our Executive Session on Wednesday, March 31.

From: Christina Baine DeJardin, Esq. Sent: Thursday, March 25, 2021 12:06 PM To: Edwin Vitrano Cc: Renee Evans Subject: RE: ORPS - Update License Agreement

Good morning, Ed, Brett Kelly finally reached back out in relation to the license agreement. I am frankly very displeased with Mr. Barry Shy’s response. Here’s the gist: They are unwilling to provide a longer license term – they’ll only provide a five year license. There’s no explanation for this. Based on my conversation with Mr. Kelly, this seems to be a negotiation tactic. Mr. Kelly said that if the Association pays for the whole fence, maybe Mr. Shy would agree to a longer license term. What’s strange is that this was already part of the deal (see email below). They would agree to stipulate to termination with cause during the five-year license term. Mr. Kelly indicated that if the Association didn’t want a fence around the retention basin, to let them know. This means that there would be no path around the entire park. Prime would still have to build the fence on the east side. I don’t know if this will practically work but I suspect that the City and/or CVWD may want the dog park enclosed. I would need to research this. Based upon my calculations, between the construction of the wall along the eastern parcel and the dog park fence, the dog park would cost around $150,000. If Prime doesn’t move on the license, the Association would only have use for five years.

Please let me know how the Board wants to proceed or if they want me to put some negotiation options together. Thank you.

Christina Baine DeJardin, Esq. | Partner

DELPHI LAW GROUP, LLP (844) 4DELPHI | Fax: (760) 820-2696 | www.DelphiLLP.com

This e-mail communication contains CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and which is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by e-mail or by telephone at (844) 433-5744 and delete the communication and destroy all copies. Thank you for your cooperation. *This is a communication from a debt collector collecting a debt and all information obtained will be used for this purpose.

From: Christina Baine DeJardin, Esq. Sent: Friday, February 12, 2021 5:10 PM To: Edwin Vitrano Cc: Renee Evans Subject: ORPS - Update License Agreement

Good afternoon, Ed, I wanted to give you an update on the License Agreement with Prime. I have spoken to Brett Kelly regarding the term and termination provisions in the Agreement and emphasized the importance of changing them to better reflect the significant investment that the Association would be making in connection with the dog park. He believed that a longer term would be acceptable but that he needed to confirm with Barry Shy. I subsequently sent him an email proposing the following terms: A 15-year license term with five-year automatic renewal periods. Prime cannot terminate the license within the first 10 years, and, thereafter, only for cause. The Parties can mutually agree to terminate the Agreement. The Association would be able to terminate without cause after the first five or 10 years.

Mr. Kelly also indicated that the parties would allocate responsibility for the dog park as follows:

Prime would be responsible for installation of plantings (including 10 trees), irrigation, two park benches, one dog waste disposal station, two trash receptables, mow curbs The Association would be responsible for the cost of the 950 linear feet of fencing (Prime would install), 10 additional trees (Acacia), and ongoing maintenance and trash removal

I am still waiting on a response but will ping Mr. Kelly again early next week.

In addition to these fundamental changes, we will also need to revise to indicate that the license does not begin until the Association has purchased the land from CVWD and built the wall and the dog park has been completed (with City permit pulled).

All of the questions/ issues relating to CVWD purchase agreement have been addressed in my prior emails. Please let me know if the Board has any questions or concerns.

Best regards, Christina

Christina Baine DeJardin, Esq. | Partner DELPHI LAW GROUP, LLP (844) 4DELPHI | Fax: (760) 820-2696 | www.DelphiLLP.com

This e-mail communication contains CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and which is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by e-mail or by telephone at (844) 433-5744 and delete the communication and destroy all copies. Thank you for your cooperation. *This is a communication from a debt collector collecting a debt and all information obtained will be used for this purpose.

March 31, 2021 Personnel A. A&A Demand- Attached B. Staff Evaluations- Oral Report

From:

Edwin Vitrano

To: Cc:

Carol Kemp; Tim Collins; Janet Ream; Lynn Wolfe; Herb Nyquist; Tom Goodwin

Board of Directors

Subject:

RE: A Letter to the Board from the A&A Committee

Date:

Wednesday, March 24, 2021 6:22:00 PM

Attachments:

image002.png

Hi, Carol and A&A Committee Members, The Board has received your letter and will be reviewing it at an Executive Session on March 31. A response from the Board will be forthcoming after the members have had a chance to discuss the issue. Thank you for your patience as the Board works through an appropriate solution.

From: Board of Directors Sent: Monday, March 22, 2021 3:27 PM To: Charles Hare ; Charles Leahy ; Don Renoe ; Edwin Vitrano ; Greg Farmer ; Jennifer Miranda ; John Boudin ; K McCune Subject: FW: A Letter to the Board from the A&A Committee

From: Carol Kemp Sent: Monday, March 22, 2021 3:26:24 PM (UTC-08:00) Pacific Time (US & Canada) To: Board of Directors Cc: Tim Collins ; Janet Ream ; Lynn Wolfe ; Herb Nyquist ; Tom Goodwin

; Carol Kemp Subject: A Letter to the Board from the A&A Committee

The letter attached is self-explanatory. Thank you all for your volunteerism.

We will anxiously await your response.

Carol Kemp ORPS #287 (206) 719-6287