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OUTDOOR RESORT PALM SPRINGS

POLICIES (Updated 01-2011; 04-2011; 12-2011; 03-2012; 11-2013; 2-2014; 7-2014; 10.27.14; 11.17.14;

01.19.15;3.09.15; 10.26.15; 03.07.16; 07.01.16; 7.11.16)

Board & Management Policies ................................................................... 1 Board Committee Liaisons ......................................................................... 3 ORPS Board & Mgmt Committee Action Form .......................................... 5 Board Adjunct Room (Adopted 11.17.14) ....................................................... 6 General Manager Position ......................................................................... 7 Employee After-Hours Work Policy (Adopted 10.27.14) ................................. 8 Business Regulations ................................................................................ 9 Operating Fund Working Capital (Amended 01.19.15) .................................. 10 Capital Fund Policy .................................................................................. 11 Fundraising Policy .................................................................................... 12 Facilities Use Policies (Amended 01.19.15) .................................................. 13 Owners’ Lounge Fitness Room La Palma and El Saguaro Kitchens Magnetic (Prox Cards) Transponder Tags

Recreational Vehicle Rallies .................................................................... 16 General Usage Use of Clubhouse Facilities & Equipment Alcoholic Beverage Service Clubhouse Room Rent Limited Usage Outside Caterers Administration & Enforcement Resort Fees (Amended 07.01.14; 03.07.16; 07.01.16) ............................................ 19 Pass Issuance for Renters and Guests .................................................... 21 Surveillance Camera & Incident Report Policy (Adopted 7.11.16) .................. 22 Exit Gate Arm Policy (Adopted 7.11.16) ............................................................................. 23 Vendor Registration Policy (Adopted 7.11.16) ................................................ 24 Transponder Application Form ...................................................... 26 Purchasing Policies & Procedures Purchase Order System ................................................................. 28 Purchase Authority ......................................................................... 31 Check Signing ................................................................................ 33 Procurement Policy ........................................................................ 34 Format Construction Services Agreement ....................................... 3ila EXHIBITS Exhibit A – Owners Lounge Reservation Form

Outdoor Resort Palm Springs – POLICIES

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BOARD & MANAGEMENT POLICIES

The Manager and Association Accountant will have the authority to file liens, foreclosures, and judgments on behalf of the association. No individual Board member, member of a Committee, or individual owner may contact the association attorneys, accountants, or insurance agent. Contact between the association and its attorney’s, accountants, or insurance agents must be by the Board President or his/her assignee. No exceptions. Directives to the General Manager from members of the Board must be transmitted through the Board President. All full-time department heads will be approved by the Board of Directors before being hired. The Manager will not be allowed to reside in the resort. The Manager will be allowed to bring guests and family members into the resort to play golf with him/her at no charge. The Association mail room will not forward mail for guests-only owners. Non association related mail may not be distributed in the ORPS mail boxes without appropriated postage. Board members are expected to attend all agenda and board meetings whenever possible. Owners will not be provided copies of membership lists or mailing labels for private use, but are allowed, for appropriate reasons and with approval of the Board, to purchase copies of the association directory lists and updates at reproduction costs. Lists for any advertising will not be provided. The Board of Directors will address comments, suggestions, and criticisms that are presented in the form of a letter or through electronic transmission (email), identifies the lot owner and the lot number, and is a topic that should be addressed by the Board. The Board’s response will address the specific inquiry or concern as informatively as possible. The board or designees may limit the number of tickets sold per owner and/or per guest for special events involving a limited number of attendees.


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Use of pantry supplies, decorations, and paper goods belonging to the association is limited to association activities only. Employee performance reviews will be made by the board for the manager and the board secretary every year. Employee performance reviews will be completed by management personnel every year, or more often during probation periods of employment. These reviews will be kept in a confidential file. Use of the bulletin boards in the main and satellite laundry rooms will be for association use only when approved by the board. Other items put on these boards may be removed by a designated volunteer owner. Clubhouse bulletin boards will be for the exclusive use of owners and association only. All association correspondence, documents, reports, and board-related material will be kept in the board file room, except for materials marked “confidential”. Board members can copy these records for their use, but must return the original to the files. Removal of file copies from the Board room is prohibited. Copies of all board related and management correspondence, both incoming and outgoing, must be copied for the board room files. Reports of Executive sessions, including telephone conference executive sessions will be kept to record only the decisions made and are to be maintained in a confidential file. As per legal requirements, these decisions will be regarding legal matters, personnel related matters, and other matters which are deemed to be confidential in nature. Association management, ORPS staff, and the Board of Directors reserve the right to reject any vehicles not meeting RIVA and/or industry standards. Any RV that is unsightly due to alteration, reconstruction, or displaying equipment on the outside which is not factory installed, may not be admitted to the resort. Signs, logos, or advertising on any vehicle will not be permitted except service vehicles during the day. Consideration may be given regarding any mechanical changes on any RV regards to renting at ORPS. All RV’s with back end doors similar to and including “Toy Box Models” are prohibited from opening their rear doors or ramps within the resort.


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BOARD COMMITTEES AND LIAISONS (Adopted 11.18.13; amended 11.17.14)

A liaison represents the Board of Directors in regard to all business of a standing or ad hoc committee. With the exception of the A&A Committee, all committees are advisory to the Board of Directors except concerning the scheduling of events. The Golf Committee and the Tennis Committee shall approve all special events and tournaments for their sport. Board approval is only required for owner-requested golf and tennis tournaments where the majority of tournament participants are non-owners and consequently owners are unable to have full use of the golf course during the tournament play. Additionally, the Activities Committee shall develop the calendar of activities for the year. The Board Liaisons for Golf, Tennis and Activities will inform the Board of Directors of schedules when established. In the event of a scheduling dispute between parties, or a disagreement with a Committee scheduling decision, the Board Liaison will present the matter to the Board of Directors for final determination. Additionally, the Safety & Security Committee may set up patrol teams and schedules with sanction from the Board and in coordination with the Security Post Commander. A Board liaison should not be acting as a voice at the committee meetings, but only contribute when called upon or when a committee is functioning improperly. It is useful, however, for the Board liaison to review the agenda ahead of the meeting and contribute subject matter to be presented. These agenda items are presented to the Committee chairperson for discussion and action when appropriate and he/she presents this to the committee. Committee Action Items for Board Approval When a Committee has an action item for consideration by the Board, an ORPS BOARD & MANAGEMENT COMMITTEE ACTION FORM (attached as Exhibit A) shall be prepared by the Committee and shall be approved by the Board Liaison. Once approved, the form will be submitted to the Secretary of the Board to schedule for action by the Board of Directors. The Liaison’s approval in no way represents or commits the Board of Directors to the item’s approval. Committee Meetings: All committee meetings are open to all members of the association. A simple majority (quorum) of the committee members must be in attendance at a committee meeting before the meeting can be considered official. The committee meeting schedule is to be approved each year by the Board.


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Committees may call special meetings, as necessary, with approval of the Board Liaison. It is desirable for the Board Liaison, or back-up Liaison to be present at all Committee meetings if possible. However, a committee meeting may proceed and conduct business without a Board Liaison present. The Activities Director is to be invited to attend meetings of the Activities Committee and, whenever possible the Tennis and Golf Committee meetings. The Security Post Commander is expected to attend the meetings of the Safety & Security Committee. The accountant on staff is expected to attend the Finance Committee meetings. The General Manager may attend. Minutes of each meeting, whether a regularly scheduled one or a special one, are required. Copies of these minutes are presented to the Board Liaison and a copy is kept in the Board room files, committee minute’s notebook, and a copy is distributed to the General Manager, Department Head, and to each committee member in advance of the next scheduled meeting. Each committee is bound by the written charter with regard to its purpose, their membership requirements and duties as written, and they are accountable to the Board of Directors in all matters within their purview. Annual Orientation for Committee Liaisons and Officers Annual orientation sessions will be arranged by the Board of Directors for all Committee Board Liaison and Officers responsible for Committee activities, minutes, reporting, publicity, etc. The orientation will consist of:

The Board finance screening system requirements for monitoring their committee activity operating costs and requesting capital and reserve expenditures.

The finance screening procedures

Standardized committee charter formats The annual orientation will be scheduled in the fall of each season with multiple sessions held so that all committee liaison and committee officers may attend. Owners may attend any orientation session.


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EXHIBIT A ORPS BOARD & MANAGEMENT/COMMITTEE ACTION FORM

DATE: __________________________________________________________ TO: BOARD OF DIRECTORS FROM:__________________________________________________________ (Committee Name) BY: __________________________________________________________ (Committee Member Name and Contact Number) APPROVED:______________________________________________________ (Board Liaison) DESCRIPTION OF ISSUE OR NATURE OF REQUEST: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ RECOMMENDATION/MOTION: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ COMMITTEE ACTION (Note that the action was considered at an official meeting of the Committee and was approved by a majority vote):

BOARD ACTION DATE: _________________________________________________ All forms must be returned to the Board Office one week prior to a scheduled Board meeting in order for it to be scheduled on the Board Agenda.)


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BOARD OF DIRECTORS ADJUNCT ROOM (Adopted 11.17.14)

PURPOSE The ORPS Board, Administration and Standing Committees are encouraged to use the Adjunct Room to meet with owners to discuss issues and make an effort to communicate on topics that need to be discussed openly and frequently. Such issues may be finance, landscape, management, organization, communication, owner grievances or property compliance issues.

The Adjunct Room serves the following primary functions:

1. To serve as meeting space for the Board of Directors, Administration, Standing Committees and owners to conduct official Outdoor Resort board and committee business.

2. During a declared major emergency incident, the Adjunct Meeting Room functions as the radio communication room for the Emergency Preparedness Committee to communicate with the Riverside County Fire Department, the Riverside County Emergency Services Office and the Cathedral City Fire Department.

The Adjunct Room conference table and chairs can accommodate up to eight people for conferences and business meetings. There are sufficient electric power outlets for computers and a projector for slide presentations. Flip charts and graphs can be presented on an available tripod or taped to the wall. The Emergency Preparedness Committee maintains the ORPS amateur radio system in the Adjunct Room to train ORPS owner/operators to communicate with the Riverside County Fire Department Radio Amateur Civil Emergency Services (RACES) during weekly scheduled talk-ins. The amateur radio talk-ins are held on weekday evenings at 7 p.m. ROOM SCHEDULING Board members have first priority to use the Adjunct Room to conduct ORPS business. Reservations for Standing Committees and Administration Staff shall be made on an as-needed basis. The Adjunct Room can be reserved on a regular on-going basis for a particular purpose in blocks of time up to two hours, if available. The Adjunct Room may be scheduled on a limited basis for other functions when available. Reservations are made through the Board of Directors Secretary. The Adjunct Room is normally locked to secure the radio equipment. The Board Secretary will unlock the room for scheduled meetings. If the Board Secretary is away from the office, access may be requested from Security, Maintenance or the General Manager. The Activities Department schedules and reserves all other rooms in the La Palma and El Saguaro clubhouses.


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GENERAL MANAGER POSITION POLICY STATEMENT

This policy is to be used for staffing the General Manager position either on a temporary or permanent basis. Temporary basis:

1. When the current General Manager is temporarily not available due to vacation or illness (not to exceed 30 days) the General Manager will designate a qualified replacement for that period.

2. When the current General Manager is temporarily not available due to illness (over 30 days)the General Manager will make a recommendation to the Board for approval of a temporary replacement

3. If the General Manager is absent for more than 90 days, the Board may look for a permanent replacement.

Permanent basis:

1. When the current General Manager’s employment ends, either through retirement or contract completion, etc., the Board will look at several sources for a replacement.

2. The first option would be to determine if the current General Manager is interested in a new contract. If he/she is, and the Board is satisfied with his performance, a new contract can be negotiated. The negotiation will be conducted by the Board President with approval from the entire Board. If the current General Manager is not interested in a new contract, or if contract negotiations are not successful with the current General Manager, go on to the procedure as stated below.

3. Solicit candidates from the current staff and/or advertise in newspapers, on the internet and/or with head hunters.

4. The Board will review all applications (both internal and external) to determine those that appear qualified.

5. Set up interviews with the qualified applicants. The initial interviews will be contacted by two Board members appointed by the Board President. The Board President can be one of the two Board members conducting the interviews, if so desired.

6. Once the qualified applicants have completed their initial interview, the two Board members will recommend to the entire Board those applicants (not to exceed five (5)) that should be given further consideration. Those remaining applicants will then be interviewed by the full Board. The Board will then vote to determine the successful applicant.

7. A new contract must then be negotiated with the successful applicant. The length of the contract shall not be more than two years. The negotiation will be conducted by the Board President with approval from the entire Board.


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After Hours Work Policy (Adopted 10.27.14)

The Association has no objection to an employee holding another job as long as they can effectively meet the performance standards for their position with the Association. The Association, however, asks that you think seriously about the effects that such extra work may have on the limits of your endurance, your overall health and well-being, and your effectiveness with the Association. The Association will hold you to the same standards of performance and scheduling demands as all other employees, and cannot make exceptions for employees who also hold outside jobs.

Independent Tasks

Employees are not permitted to perform personal tasks (i.e., car repairs, landscape work, etc.) for other employees during their scheduled shifts. If a situation arises that may violate this rule, please contact your supervisor for clarification.

Because of the risk of a potential conflict of interest, you must exercise discretion when performing work on an individual basis for a resident. i.e., “Independent Task(s)”. Any Independent Task performed for a resident that is not an Association-related matter must be done on an employee’s own time (i.e., off the clock). This time may only be after working hours and not during an employee’s break or lunch period. You may only make arrangements to perform Independent Tasks after working hours, NOT while on the clock. You may not perform an Independent Task for a resident that is required to be performed by a licensed contractor unless you have such a license. Employees shall disclose to the resident that any Independent Task done is being performed by the employee as an individual and not as an Association employee. The Association shall have no liability or responsibility whatsoever for any Independent Tasks performed by an employee including but not limited to any injury to the employee occurring during the performance of any Independent Task. If you wear a uniform as part of your job duties, you may not wear this uniform while performing an Independent Task for a resident. The use of any Association equipment for any Independent Task is strictly prohibited. Any violation of this policy will lead to disciplinary action up to and including termination of employment.


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BUSINESS REGULATONS

Enforcement of property use restrictions referenced on page 25 of the CC&R’s, Article X11, a written notice and a reasonable time to comply with a description of the non-complying condition requesting the lot owner in violation to correct in a reasonable time and advise of the appeal rights, the board is authorized to set reasonable monetary penalties for continued violations of this declaration.

SALES AND SERVICE

1. No signs of any kind designating sales or services within the resort shall be placed on any lot, nor in or on recreational vehicles or other vehicles.

2. Ads for personal products or service furnished by owners may be placed on the bulletin boards in the Clubhouses with the approval of the board, or their designees.

3. License plate holders advertising sales or services are permissible. 4. RV dealers and/or manufacturers are prohibited from renting lots for the purpose

of conducting sales or sales activities. 5. Only those persons or entities who are lessees under a lease executed by

ORPS Owners Association may use their address to designate that location on a city business license or on commercial advertising (i.e. truck sales, painted advertising, magnetic signs on vehicles, cars, or RV’s designating services and/or demonstration vehicles.)

6. Any lot owner providing a service/business must be approved, in writing, by the board and comply with the CC&R’s, Bylaws, and Rules & Regulations and Policies. The permits issued by the Board of Directors are for the residents of ORPS only, and prohibits any of these service businesses doing business outside of the resort.

BUSINESS AND SALES ACTIVITIES

1. Open house or promotional activities will not be allowed. 2. Promotional activities such as open bar, dinners, and various other social

functions may not be conducted without board approval. 3. No owner shall occupy or use a lot or permit the same or any part thereof to be

occupied or used for any purpose other than a private lot for an RV, including private auto and golf cart.

ADMINISTRATION AND ENFORCEMENT

1. Rules and Regulations will be enforced by the General Manager in accordance

with the Rules and Regulations “Fines or Assessments” policy as adopted by the covenants committee.


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OPERATING FUND WORKING CAPITAL POLICY

(Amended 1.19.15)

Policy Statement

The Controller shall maintain one half to one months (4% - 8%) of the Operating Fund’s current annual budget as working capital for unforeseen circumstances. Working Capital at the end of any fiscal year exceeding 8% of the current annual budget would require a cash transfer from the Operating Fund to the Reserve Fund. Working Capital is defined as Current Assets minus Current Liabilities on the Operating Fund Balance Sheet. Any recommendations to modify this policy should be reviewed with the General Manager and the Controller prior to submission to the Board of Directors for final approval.


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CAPITAL FUND POLICY

Introduction

The purpose of a Capital Fund Policy is to establish a fund that receives monthly Owner assessments and disburses monies to acquire new assets which do not qualify as Reserve Fund expenditures. The maximum annual spending for new assets, not replacement items that are provided for our Reserve Fund, according to the state of California and by our Bylaws is 5% of our budgeted expenses for that fiscal year. This shall be calculated by multiplying this 5% x the total of all monthly assessments x 1213 lots. In order to keep up with new technology and business needs, new assets are needed. The new assets would otherwise have to be paid from our Operation Fund, and would have to be budgeted as a contingent expenditure.

Policy Statement

This Capital Fund Policy rescinds the Capital Fund Policy of December 2004. The Board of Directors will present a three year plan in which the Ownership can see the projected needs. This plan will be updated annually. At budget time the Board of Directors will set forth a plan for expenditures and set forth this plan just as we do the Reserve Fund. The Capital Find is not to be used for a “depository” for significant unplanned expenditures or as a reserve for future needs not yet determined. However, the Board of Directors does have the ability to make disbursements from this Capital Fund for unexpected or emergency items. All expenditures from the Capital Fund will require the approval and signature authority as is required by the Reserve Fund. Expenditures are to be in excess of $1,000.00 as per our capitalization policy requirement. All single items expenditures in excess of 5% of our budgeted expenses for the fiscal year must have the approval of the Ownership by a vote of the majority of the quorum according to our governing documents. This will apply to multiple year expenditures for a single project as well. The Board of Directors has the authority to modify the above statement as they deem necessary.


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FUNDRAISING POLICY

Introduction

The purpose of a fundraising activity is to accumulate monies for the purpose of a charity, or to acquire an asset or make significant improvements to our common property. We have benefited from fundraising events whether they are charitable or fund improvements that we all enjoy. It is understood that many projects need an incentive to get off the ground and fundraising often provides that impetus. We understand that fundraising often benefits special interest groups and it is preferable that all Owners should participate in the funding. We understand that the major projects are best funded by monthly or special assessments. In order for fundraising to be an effective tool, it is important to bear in mind that the benefit that results from fundraising must be supported by the Board. We encourage Board-approved fundraising activities as it improves the quality of our life and of our Resort.

Policy Statement The Board of Directors must approve all fundraising activities before the event occurs, preferably in the early planning stage of the event. The sponsor (individual or committee) must demonstrate that all Owners could benefit, and that all Owners will have an opportunity to be part of the fundraising event. Standing Committees (i.e. tennis, golf, health & fitness) that conduct fundraising activities must utilize their funds for the purpose of the activity they represent. If a Committee decides to donate funds in excess of $1000 to any other purpose other than their own program, this request must be made in advance to the Board of Directors for approval. In many circumstances the Capital Fund of the Association, which is funded by all Owners, should be used to pay for asset additions if they exceed $1000. The Board of Directors has the authority to modify the above statement as they deem necessary.


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FACILITIES USE POLICIES

OWNERS’ LOUNGE: The Owners’ Lounge is located on the east side of the El Saguaro Clubhouse and includes (1) a Gathering Room that includes an adjoining patio, a media viewing theater, conversation areas, and a full bar, (2) the Owners’ Library, (3) a Multi-Purpose Room for card playing or small dinner parties, and (4) a Billiard Room.

1. The Owners’ Lounge is for the use and enjoyment of owners, and their guests. An owner must accompany their guests at all times. Access is by magnetic card that is not transferable.

2. The Library is for the use of owners only. Borrowing books, tapes, etc. is on the honor system.

3. All activities in the Owners’ Lounge must comply with all governing documents of ORPS Home Owners Association.

4. The Owners’ Lounge will be available to owners at all times except when it is used for an ORPS-sponsored event.

5. Owners may reserve the Owners’ Lounge through the Activities Department with

the understanding that the room (including the bar and the adjoining patio) will

be open to all owners during the event. Reservations will be approved after

completion of the Reservation Form for Owners’ Lounge, attached and

incorporated herein to this policy, and the payment of all deposits and fees

associated with the event. (Reservation Form attached as Exhibit A to these

policies and by reference incorporated herein.)

6. Signs on entrance doors are not allowed. Decorations (such as signs, balloons,

banners and the like) are only allowed on table tops except that free-standing,

weighted items may be set about the lounge floor during the event.

7. No smoking allowed within the room including the patio area.

8. Entrance to the outdoor patio area over the sitting wall from the street/outside

lawn area is prohibited. The patio is to be accessed directly from the Owners’

Lounge only.

9. Meals are to be served and consumed in the Multipurpose Room only. To

minimize the likelihood of stains or damage to the furnishings and carpeting, the

consumption of food in the Owners’ Lounge Gathering Room is discouraged

except for finger-foods and small appetizers. No food or drinks are to be set on

the pool tables in the Billiard Room.

10. Moving furniture is not allowed. Card tables may be put to the side under the

supervision of ORPS staff members.

11. The refrigerators at the bar in the Gathering Room and in the Multi-Purpose

Room are to be used only in conjunction with a reserved event, or on the day of

an informal get-together. All items placed in the refrigerators should be clearly

marked with the owner’s name and the date of intended use. Items that are


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unidentified or with expired use dates will be removed and discarded.

Refrigerators will be cleaned every Monday.

12. NOTE: Do not attempt to scrub or otherwise treat spills on carpet or furniture.

Simply blot and notify housekeeping for professional treatment.

FITNESS ROOM:

1. The Fitness room is open daily from 5:00 am to 10:00 pm for the use of the owners and renters. Access is by magnetic card that is not transferable. A maximum of two (2) guests are allowed to accompany an owner or renter into the Fitness room. The owner or renter is responsible for the conduct of guest(s).

2. No one under fourteen (14) years of age will be allowed without being accompanied by an adult.

3. Food and beverages (except water in a plastic container) are not allowed in the Fitness room.

LA PALMA AND EL SAGUARO KITCHENS

1. Use of the kitchens is for owner use only by magnetic cards that are NOT

transferable.

2. Owners may reserve the kitchen and/or refrigerators for a specific event. The

activities office will accept reservations if there are no scheduled ORPS activities

or previous reservations by owners, the caterer or the café.

3. Items in the refrigerator must be identified with the name of owner and the date

of the specific event. Items that are unidentified or with expired dates will be

removed and discarded. The refrigerators will be cleaned every Monday.

4. The kitchen microwave, ovens and stoves may be used by owners if the room is

not otherwise reserved. See Kitchen Reservation Schedule posted in both

kitchens.

5. The kitchen facilities must be properly shut off and cleaned after each use.

Owners that misuse the kitchen will be held responsible for any damages and

negligent use.

6. ORPS security checks and secures the kitchens every day at 10 P.M.

MAGNETIC (PROX) CARDS:

1. One magnetic (prox) card is issued per lot at no charge. Owners may purchase additional magnetic cards as follows:

One additional card may be purchased for a spouse or significant other.

Multiple owners: Additional cards may be purchased for multiple owners

(one for each additional owner up to a maximum of three). Under this rule,

the maximum number of cards that can be issued for one lot is four.


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Additionally, individual owners are issued one magnetic (prox) card, regardless of how many lots they own.

2. Cards will be confiscated should they be found in the possession of a non-owner.

3. Lost or stolen cards will be replaced at a cost to the owner of fifty dollars ($50.00), unless an owner has a police report.

4. If a magnetic card becomes unusable due to normal wear and tear, it can be replaced for a five dollar ($5.00) charge.

TRANSPONDER TAG:

1. Must be purchased from Administration at a cost of fifteen dollars ($15.00) and

placed on the vehicle windshield. If a new vehicle is purchased or the windshield

replaced, a new tag must be purchased, as this card is not able to be reused.

2. Transponders that attach to your license plate are also available for purchase at a cost of $37.50 (subject to change) plus tax.


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RECREATIONAL VEHICLE RALLIES

GENERAL CONDITIONS:

1. Use of facilities shall be in accordance with the CC&R’s and the applicable Rules and Regulations of ORPS.

2. Rally Master and/or applicant will execute a “release of liability” form releasing ORPS from any and all claims by any rally member or guest before, during, or after use of said facilities and/or equipment.

3. Use of facilities will be controlled and supervised by the General Manager or his/her designee, applications provided by Activities department.

4. Rally Master and/or applicant may reserve Golf tee times one day in advance, except Friday 12:00 noon to Sunday 12:00 noon, for eight (8) foursomes if tee times are available. All tee times must be paid for at the then current rates, one day in advance. Rally Master and/or applicant must furnish Golf starter shack the payment and names of players.

5. Prohibited use of facilities and equipment by rally members: a. Commercial and profit-making enterprises. b. Merchandising c. Selling tickets and/or conducting games or chance, which include Bingo. d. Holding partisan political rallies and/or functions e. Charitable events f. Religious services and/or functions g. Functions where any admission charges are made.

6. Smoking is prohibited in all buildings within the resort 7. Bus tours pickup time and location must be arranged with Activities staff at time

of reservation. 8. The Board of Directors reserves the rights to refuse or rescind any or all the

rights granted under this policy.

USE OF CLUBHOUSE FACILITIES & EQUIPMENT:

1. A schedule of events with beginning and ending times for clubhouse use will be provided to the Activities staff at time of reservation.

2. Facilities and equipment shall be returned to a state of cleanliness and repair satisfactory to resort General Manager/Activity department within two (2) hours following termination of event.

3. Expense for cleaning and/or repair of facilities and/or equipment due to abnormal use or improper maintenance will be charged to and paid for by the Rally Master and/or applicant (or deducted from deposit).

4. Application for use of facilities and/or equipment must be made thirty (30) days or more prior to desired use.

5. Facilities and/or equipment may not be used prior to approval of application from activity department.


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6. Rally Master and/or rally members will request tables and chairs as required from Activity department.

7. All tables will be set up, arranged and returned after each function by rally members to the area and arrangement prior to their usage.

8. Other than food and/or beverage preparation in the kitchen, for reserved functions, storage of rally member’s personal property is prohibited.

ALCOHOLIC BEVERAGE SERVICE:

1. When a room is reserved for a rally private party, “bring your own bottle” (BYOB) is not permitted. The bar will be staffed at the expense of the rally with Association bartenders.

a. No one under the age of twenty-one (21) will be allowed consumption of any alcoholic beverage.

b. No rally member considered to be intoxicated or obnoxious shall be allowed to consume additional alcoholic beverage.

c. No person will be allowed at a private party without proper invitation. d. Access to the Owners’ Lounge by owners must be allowed at all times. e. No alcoholic beverage of any kind may be removed from the licensed

premises.

CLUBHOUSE ROOM RENT:

1. A non refundable fee will be made by the Rally Master and/or applicant as follows: a. La Palma-main ballroom $300.00 b. El Saguaro-main ballroom $400.00 c. El Saguaro- west room $150.00

LIMITED USAGE

1. The number of rally RV’s will be limited to thirty-five (35) units. Application for a rally will be made to the Rental office with final approval by the General Manager.

2. Rally Master and/or applicant will provide Rental office and General Manager with a complete list of rally members at least ten (10) days prior to the reservation date.

3. In addition to the scheduled rent, the RV of each rally member attending, who is not an owner in ORPS will be charged a registration fee of $10.00 by the Rental office.

4. Visitor passes will be provided to those pre-registered rally members and guest(s) by the Rental office.

OUTSIDE CATERERS:

1. Caterers will be the sole responsibility of the Rally Master and/or the applicant

and, as such, will be supervised by them.


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2. Rally Master and/or applicant are responsible for kitchen cleanup after use, including dishwashing, and leaving it in the same condition as they received it.

3. Caterers to furnish supplies, i.e., plates, cups, napkins, etc., as agreed to in the contract.

4. Caterers will furnish all necessary manpower unless otherwise agreed upon. ADMINISTRATION AND ENFORCEMENT:

1. The Rally Master will be responsible for observation of these policies by all rally members.

2. Any Rally member found in violation of the CC&R’s and/or these Policies will be reported to the Rally Master.

3. Any continued violation will result in rescission of the rally member’s use of the facilities and equipment and they will be requested to leave the resort.


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RESORT FEES

(Amended 12.8.11; 3.22.12; 1.20.14; 7.01.14; 3.07.16; 07.01.16)

RESORT FEES:

1. On March 7, 2016, the Board of Directors established a Resort Fee of $10.00 per day to be assessed on all renters of lots, with or without an RV on it, with a three-day ($30.00) minimum, effective July 1, 2016. Direct family members as defined below are exempt from the daily Resort Fee only if they are residing on the lot owned by their family member. If they are occupying a lot owned by a non-family member, they are obligated to pay the Resort Fee. The Resort Fee is intended as an all-inclusive fee giving renters full access to the facilities and activities of the Resort, with the exception of Owner-only facilities (the Owners’ Lounge and the kitchens at El Saguaro and La Palma), with no additional fees as set forth below:

There is no pet fee (limit of two pets per lot)

There is no fee to access the Fitness Center during all hours of operation;

There is no differential in the cost of tickets to ORPS-sponsored events (owners may reserve tickets on the first day of ticket sales; non-owners may make reservations on any day following)

There are no fees associated with use of the tennis courts other than fees assessed against all players for participating in tennis and/or pickleball sponsored tournaments or events.

There is no fee for golf. (Owners may make tee-times up to seven days in advance; non-owners may make tee-times up to 2 days in advance.)

2. Short-term renters (30 days or less) may have a maximum of six individuals

remain in their RV overnight for up to 30 days, once per year. Long term renters (31 days or more) may have a maximum of six individuals remain in their RV overnight for up to 14 days, three times per year (not consecutive). At all other times during rental periods, there shall be a maximum of three individuals remaining in their RV overnight. Tenants and guest(s) will be limited to six (6) persons per lot per day. No more than six (6) persons are allowed to remain in the RV overnight. Special event exceptions may be made in writing by the Board of Directors.

DEFINITIONS: Family members: Per CC&R’s, Article 11, Section 3(a) family members are defined as Owner/spouse and their parents, grandparents, children and grandchildren. These


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direct family members must be approved prior to arrival. Proof of identification will be required. Renters: Non-family members who, without the owner being present, stay overnight or longer in Owner’s RV or who bring an RV onto the Owner’s lot. Family members who occupy an RV or who bring an RV onto a lot other than the lot owned by their family member, are considered Renters for purposes of this policy. Daily: A unit of time that does not extend beyond 12:00 midnight. NOTE: The intent of this policy is to reinforce the premise that owner’s rights as to the use and enjoyment of common area and common facilities may be delegated to Family Members as specified in the CC&R’s only as it relates to a Family Member’s occupancy of the family-owned lot.,


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PASS ISSUANCE PROCEDURES

FOR RENTERS AND THEIR GUESTS (Amended 12.8.11)

Pass Issuance for Renters (through ORPS or otherwise)

1. This pass provides entry into the resort by a non-association person(s) for the expressed purpose of occupying an owner’s lot.

2. The pass issued is a prox card and provides entry into the Resort and to Resort Facilities. .

3. The prox card is issued by the Front Desk at check in. 4. All renters will also be issued a Renter’s Access Permit which shall be displayed on

the dashboard of the vehicle when entering the Resort and must remain visible on the dash while in the resort.

5. All renters will comply with the Resort rules and regulations during their visit. 6. The prox card is non-transferable.

Pass Issuance for Guests of Renters

7. This pass provides entry into the resort by a non association person(s) for the expressed purpose of visiting a specific Renter that is in residence.

8. The pass is issued for one (1) day from the first date of issuance. 9. The pass is issued at the request of the Renter only. 10. The pass is renewable in one (1) day increments at the request of the Renter. 11. The pass is intended for short term use only. 12. The pass is not intended for overnight usage and expires at midnight each day. 13. The pass is issued by the Front Desk. The passes are printed on white stock. 14. The pass is issued by Security when the Front Office is closed. 15. All guests will comply with the Resort rules and regulations during their visit. 16. The pass is non-transferable. 17. If Guests who have been issued a day pass require an overnight pass, these will be

issued by the Security Gate, at the request of the Renter only. 18. Passes are not issued for rigs to enter.

All passes must be displayed on the dash of the vehicle when entering the Resort and must remain visible on the dash while in the resort. All passes remain the property of the Resort and are subject to confiscation for misuse.


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SURVEILLANCE CAMERA & INCIDENT REPORT POLICY

(Adopted 07-11-16)

Surveillance cameras have been installed at each entrance/ exit gate as well as the fitness center, clubhouses, front office, maintenance yard and dog run within the Outdoor Resorts community. The main purpose of the cameras is to help deter vandalism of and provide the means necessary to take action against vandals and violating parties if possible. The cameras may or may not be operational at all times and may not be monitored live.

Signs have been posted in these areas, providing notice of camera surveillance.

Members may not rely on the cameras or the Association for personal protection or protection of their personal property. The Association makes no representation that the cameras will successfully deter vandalism or prevent the criminal acts of third parties.

The cameras capture date and time stamped images of activity within their view. Only the Association or its authorized representatives have access to the recordings made. The records are not kept indefinitely, but are overwritten on a regular basis as recording space expires.

If vandalism, criminal activity or governing document violations occur, the recordings will be reviewed to determine the responsible party or parties and may be used as evidence in any subsequent violation hearings or a criminal prosecution. The recordings may be made available to law enforcement to aid in the prosecution of responsible parties.

The Association will not generally make recordings available to Members unless the request for footage is part of a criminal investigation and made through appropriate law enforcement personnel. If so, the relevant recording will be provided to the appropriate law enforcement personnel and not directly to the Member. The Association makes no guarantee that recordings will be available to comply with any such requests or that the recordings will provide any useful information to the requesting Member in the prosecution of criminal activity.

Similarly, officer incident reports memorializing incidents occurring within the Association are designated for internal use only. The Association will not make these reports available to Members.


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EXIT GATE ARM POLICY

(Adopted July 11, 2016)

It has been the practice of the Association for the last few summers to keep the exit gate arm down when leaving the resort. This practice was put in place as a security measure due to the minimal amount of residents in the resort over the summer season and as a deterrent to potential thefts in the resort. It is the intent of this policy to memorialize this practice. Effective immediately, the exit gate arm will be in the “down” position 24 hours a day for the period beginning around June 1 continuing until approximately October 1 each year. Owners and renters will be able to exit the resort by scanning their prox cards. Guests will be able to exit the Resort by scanning their paper guest pass. If owners, renters, or guests do not scan their prox cards or passes, they will be able to exit the Resort only after they have confirmed their identity with the gate guard on duty. To facilitate traffic flow out of the resort and minimize waiting times, it is recommended that owners, renters and guests have their prox cards or passes with them whenever they intend to exit the resort.


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VENDOR REGISTRATION POLICY

(Adopted 7.11.16) Vendors Defined Vendors are providers of service who enter the community more than three times in any 30-day period, including landscape maintenance providers, pest control providers, housekeepers, property managers, pet care providers, and care givers. General contractors, their employees, and their sub-contractors are also defined as vendors. Property managers and care givers are given community access outside normal vendor hours if so requested by their employers. Requirements Any vendor, as defined above, who wants access to the community for a fourth time in any 30-day period must enroll in the vendor program. To enroll in the vendor program, the vendor must complete an application and provide proof of a valid driver’s license and proof of vehicle insurance on each vehicle to be enrolled in the program. Every vehicle brought into the community by a vendor program enrollee must have a transponder. Fees The initial fee to join the program is $50 (includes set up and one transponder). Transponders for additional vehicles may be purchased for $30 each. There is a quarterly fee of $25 per vehicle, paid in advance of each quarter. Quarters begin on June 1, September 1, December 1, and February 1. New vendors will pay a prorated amount of the quarterly fee for the quarter in which they enroll in the program. Quarterly fees become delinquent if not paid within seven (7) days of the due date. Delinquent transponders are de-activated at mid-night on the seventh day of the quarter. Vendors with de-activated transponders will not be admitted to the community until a $20 re-activation fee and the past due quarterly fees are paid in full. Traffic/Community Rules Violations Two (2) violations of traffic rules (including parking violations) or two (2) violations of community rules will result in the offending vendor’s transponder being de-activated. A vendor’s transponder will be immediately de-activated should an unlicensed driver be found operating a vehicle within the community.


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Once a transponder is de-activated, the offending vendor will be required to meet with the Director of Security and to pay a $20 re-activation fee prior to being re-admitted to the community. Habitual offenders, as determined by the Board of Directors of Outdoor Resort Palm Springs Owners’ Association, may be permanently barred from driving within the community. Periods of Inactivity Vendors who anticipate a period of inactivity of 60 days or longer may have their transponders voluntarily de-activated. During the period of de-activation, these vendors will not be required to pay quarterly fees which may become due (fees previously paid for the current quarter will not be refunded or otherwise credited). Any time after 60 days, the vendors may re-activate their transponders, without penalty, by paying the quarterly transponder fee (or pro-rated portion thereof). This section only applies to those vendors who voluntarily request de-activation of their transponders and not to those who simply let their transponders expire. Vendors who leave the program (none of the vendor’s vehicles enter the community for 90 days or longer) may rejoin the program without penalty by simply paying the current quarterly fee (or pro-rated portion thereof) and showing proof of a valid driver’s license and current vehicle insurance. These vendors may also re-enter the community up to three (3) times in a thirty day period before being required to rejoin the vendor program.


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VENDOR / CONTRACTOR / SERVICE PROVIDER TRANSPONDER APPLICATION

Billing Name:__________________________________________________________ Name, as you want it to appear at entry Gate:

Mailing Address: ______________________________________________________ City: _______________________ State: __________________ Zip Code__________ Telephone: __________________Email:_____________________________________ Transponder tags requested for the following vehicle (s):

Vehicle Year

Vehicle Make

Vehicle Model

Vehicle Color

License Plate

Provide current proof of insurance for each vehicle and a valid driver’s license for each driver.

Cost and Fees

$50.00 non-refundable account start-up fee (includes one transponder tag)

Additional transponder tags may be purchased for $30.00 each.

$25.00 quarterly use fee (payable in advance) for each transponder tag. Due by the first day of January, April, July and October. Delinquent after 7 days. Check or Money Order Only.

$20.00 re-activation fee for delinquent payments or for 2 or more traffic violations or community rule violations.

Complete this form and return with required documents to Sandra Yescas in the front office.

There shall be a $35.00 Non-Sufficient Funds Fee for returned Checks.

** Vendors are prohibited from using ORPS Club Facilities (Restrooms, Sport Courts, Swimming Pools, Club Houses)**

Applicant Signature: ____________________________________________________ Date: ________________________


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TRANSPONDER APPLICATION – PAGE TWO Start-up fee @ $50.00 Amount: $___50.00 Additional transponder tags:@ $30.00 each x ________ Amount: $________ Quarterly use Fee @ $25.00 a Quarter January Amount: $________ April Amount: $________ July Amount: $________ October Amount: $________ Total Remitted: $________ By:____________________________________________________________ Date:_______________________________ Copy: Security Accounting


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PURCHASING POLICIES & PROCEDURES

PURCHASE ORDER SYSTEM

PURPOSE To define the use of a Purchase Order System POLICY to ensure there are proper controls over expenditures incurred, a purchase order system is used at the Resort. A purchase order system is used to document bids on products and services, to obtain approvals on those expenditures before the goods or services have been committed to, and to document instructions that Accounting will use once the invoice for the goods/services are received. Purchase orders should be used on all purchases over $100. All managers are encouraged to use a purchase order on purchases under $100 to improve the documentation provided to accounting. All Capital and Reserve purchases must be on a purchase order. PROCEDURE:

1. Obtain competitive bids as necessary. All managers should get competitive bids

on a regular basis, to ensure that the price to be paid for goods/services from multiple vendors is known, and can be optimized.

2. Complete the purchase order with vendor name, address, date of purchase or

current date, description of goods/services, price including tax, shipping, and installation as applicable. The purchase order should also include the account number that the goods/services will be coded to and in what month(s) they should be incurred. In the event that an invoice is not received by month-end, the purchase order can serve as back-up so the cost can be accrued. Purchases from the Capital and Reserve Funds require Board approval before a PO is issued.

3. Send the completed purchase order to the Controller and/or the General

Manager, per the following:

For purchases up to $500 – Department manager approval.

For all purchases over $500 up to $1,000 – Department manager and Controller OR General Manager to approve.


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For all purchases over $1000 - Both Controller and General Manager to approve.

For all purchases above $5,000, see Purchasing Authority memorandum regarding General Manager’s authority.

All Capital and Reserve items require Board approval prior to purchase.

4. Once the appropriate approvals have been obtained, the approved purchase order will be routed to the Accounts Payable Clerk. The Accounts Payable clerk will detach and file one copy (white) and return the remaining purchase order copies (yellow & pink copies) to the Department Manager. At month-end, the Accounts Payable clerk will verify the receipt of invoices with the applicable purchase order. If an invoice is not received, the purchase order can be used to accrue the applicable expense if the goods have been received (or charged on revolving accounts).

5. When the invoice is received by the department manager the manager will verify

the receipt of goods, code invoice (as specified on the purchase order) and approve the invoice. The Department Manager will attach the yellow copy of the purchase order to the invoice and send to Accounts Payable for payment.

6. Emergency Purchases – if there is an unexpected emergency purchase, the

General Manager or Controller has the authority to make the purchase of the goods or services up to the amount of $5,000 (see Purchase Authority, Section 6. for Emergency Purchases over $5,000.00). A purchase order should still be completed with “Emergency Purchase” indicated on the purchase order. The purchase order should be provided to the Accounts Payable for filing with the invoice.

Purchase Order Variance – A variance of 5% of the approved purchase order

amount will be considered acceptable without additional approval. If the variance will be greater than 5%, the Department Head must approve variance and notify the General Manager.

Exceptions to Purchase Order Process – The following items will be treated as an

exception to the purchase order procedure:

Food and beverage purchases do not require purchase orders

Maintenance contracts (recurring weekly or monthly arrangements) will not be included on individual purchase orders. There will be a separate annual listing developed by the applicable Department Manager and provided to Accounts Payable.

There will be some purchases that are routine and repetitive. (examples: cleaning supplies, paper supplies) These types of expenses can be set up on


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a “blanket purchase order”. These blanket purchase orders will be set up by the Department Manager and/or Purchasing Agent based on the current year’s budget for the expense category. These purchase orders will include all purchase information and estimate the dates for interval purchases.

NON COMPLIANCE The Controller is responsible to ensure this policy is followed and report to the Board President, Board CFO and General Manager when not. ORDERING PO BOOKS When ordering PO Books, rotate the PO #’s every 10000. Once the PO#10000 is used, re-order new books starting at PO #00001. (The Printing Place)


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PURCHASE AUTHORITY

PURPOSE To define the authority granted to the General Manager to make purchases POLICY To ensure there are proper controls over expenditures incurred, purchase guidelines have been developed. This authority is to assist the General Manager when making purchases on behalf of the Association. COMETITIVE BIDS 1. Contractual Recurring Expenses: The General Manager may pay expenses which the Association is legally

obligated to pay by contract which are identified in the annual budget and recur each month without obtaining the approval of the Board of Directors. However, there shall be no authority to pay any extras on any third party vendor or independent contractor unless approved, in writing, by the Board.

2. Non-contractual Budgeted Purchases: The General Manager may make non-contractual purchases in amounts less

than $10,000 identified in the annual budget without seeking approval from the Board of Directors. The Manager may make non-contractual purchases identified in the annual budget in amount in excess of $10,000, but no more than $15,000 after receiving the written approval of the President or Treasurer of the Board of Directors. The Manager may make non-contractual purchases identified in the annual budget in amounts in excess of $15,000 only after receiving the written approval of the Board of Directors. The General Manager shall provide written documentation to the Board of Directors of purchases made without Board of Directors approval at its next meeting.

3. Non-contractual Unbudgeted Purchases: The General Manager may make non-contractual purchases in amounts less

than $5,000 not identified in the annual budget without seeking written approval from the Board of Directors. The Manager may make non-contractual purchases not identified in the annual budget in amount in excess of $5,000, but no more than $10,000 after receiving the written approval of the President or Treasurer of the Board of Directors. The Manager may make non-contractual purchases not identified in the annual budget in amounts in excess of $10,000 only after receiving the written approval of the Board of Directors. The General Manager shall provide written documentation to the Board of Directors of purchases made without Board of Directors approval at its next meeting.


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4. All Capital and Reserve items require Board approval prior to purchase. 5. Emergency Purchases: Notwithstanding the other provisions of this policy, the General Manager may

make purchases in any amounts without seeking approval from the Board of Directors if the purchases are necessary for any emergency up to $5,000.00 but must still obtain the authority, written if possible, from the President, but if the President is not available, then either the Vice-President or CFO, for any amount over $5,000.00. Ana emergency is defined as any repair involving imminent danger to life or property, or immediately necessary for the preservation and safety of the property, or for the safety of Members, or required to avoid the suspension of any necessary service to the Association and/or the Project. It is understood and agreed that the General Manager will, if at all possible, confer with the Board regarding emergency expenditures. The General Manager must attempt to notify all members of the Board of Directors immediately after making such a purchase.

6. Non-Compliance: The Controller is responsible to ensure this policy is followed and report to the

Board President and/or Board CFO when not.


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CHECK SIGNING

PURPOSE To define the hierarchy of check signing for all funds. POLICY

To ensure there are proper controls over the signing of checks for Operation, Capital and Reserve Funds. 1. Operations Fund This fund has three (3) main accounts: Operations (A/P), Payroll and Flex (if needed). Signature requirements as follows:

Operations (A/P): (Two signatures required) a) General Manager b) Board CFO (in season) c) Controller (summer or when 2nd signature required due to

availability) d) Board President e) Board Secretary

Payroll: (One signature required); however, no employee can sign their own paycheck.

a) General Manager b) Controller

Flex: (One signature required) a) General Manager b) Controller

2. Capital Fund: (Two signatures required) - Signature requirements as follows:

a) Board President b) Board CFO (in season) c) Board Secretary

3. Reserve Fund: (Two signatures required) - Signature requirements as follows:

a) Board President b) Board CFO (in season) c) Board Secretary

Non-Compliance: The Controller is responsible to ensure this policy is followed and report to the Board President and/or Board CFO when not.


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PROCUREMENT POLICY

PURPOSE The purpose of this policy is to ensure that quality supplies, services and equipment are procured for ORPS at the best value available, and that the procurement process is transparent, consistent and efficient. POLICY

1. All supplies, services and equipment required to operate and maintain ORPS will be acquired as set out in this policy; and

2. Whenever possible and appropriate, prices for all goods and services will be

established through a competitive bid/quote process. Competitive bidding is a means of protecting the ORPS from misuse of association funds and is used to eliminate favoritism, fraud, and corruption in awarding contracts and buying goods and services. Exceptions to the competitive bid/quote process are outlined below.

COMPETITIVE BIDS

1. All purchases or services with an estimated cost/value of $50,000 or more must

be obtained with formal, competitive bids.

2. Written bid specifications and contract documents must be prepared in advance of bid solicitations.

3. Three written bids must be obtained except when not possible or appropriate as

provided below.

4. Bids must be solicited from the open market sufficient to comply with the intent of this procurement policy.

5. Approval process.

a. The general manager shall open said bids on the date provided for in the specifications, review them and make a recommendation to the Board of Directors at its next Board meeting; and

b. The Board shall either accept and award a contract, or reject the bids. If a bid is awarded, it shall go to the lowest responsible bidder as determined by the Board.


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c. “Lowest responsible bidder shall be determined considering the following factors as are appropriate:

(1) Price (2) Ability to meet specifications; (3) Ability to meet timelines to include delivery, starting, ending or other; (4 Ability to provide service and warranty support; (5) Availability of replacement parts; (6) Ability to meet bidder qualification requirements; and, (7) Contractor/vendor who does business in local area.

d. Vendor and contractor requirements: (1) Valid state and local licenses for the specified work; (2) Liability insurance with ORPS named as an additional insured in the minimum amount of $1,000,000 or such higher sum as may be specified in the bid documents; (3) Proof of worker’s compensation insurance; and (4) References – At least three clients/customers whom contractor/vendor

has worked for in past two years, unless the contractor/vendor has provided materials/services to ORPS within the last two years in a satisfactory manner.

COMPETITIVE QUOTES:

1. All purchases within an estimated cost/value over $5,000 up to $50,000 must be

obtained with competitive quotes. Normally, three quotes should be obtained;

2. Formal specifications and contract documents are not required for purchases or services up to $5,000.00 unless deemed necessary by the General Manager, however, a complete description of the item or service requested is necessary to ensure the quotes are based on the same factors. For small construction projects, the attached Format Construction Services Agreement shall be used. Larger construction projects should be reviewed with counsel; and

3. The General Manager then makes the purchase decision after obtaining a not to exceed (NTE) written approval from the board. A summary of said purchases must be prepared by the General Manager for the files/record and made available to the board. The purchase decision is made utilizing the applicable provisions outlined above for the “lowest responsible bidder”.

PURCHASES UP TO $5,000.00 IN VALUE:

1. The General Manager or his designee is authorized to make purchase decisions up to $5,000 in value without obtaining three competitive quotes or bids providing the purchase order system as established by the General Manager is utilized and providing the items are included in the approved budget for the year. The provisions specified above for the “lowest responsible bidder” shall be utilized as are appropriate; and


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2. Said expenditures will be reported and summarized through the normal monthly

financial report;

EXCEPTIONS TO THE COMPETITIVE BID/QUOTE REQUIREMENTS:

1. Where the goods/commodity can only be obtained from one vendor and the specific product is needed; or

2. Emergency Purchases – Notwithstanding the other provisions of this policy, the General Manager may make purchases in any amounts without seeking approval from the Board of Directors if the purchases are necessary for any emergency up to $5,000.00 BUT must still obtain the authority, written if possible, from the President but if the President is not available, then either the Vice-President or CFO, for any amount over $5,000.00. An emergency is defined as any repair involving imminent danger to life or property, or immediately necessary for the preservation and safety of the property, or for the safety of Members, or required to avoid the suspension of any necessary service to the Association and/or the Project. It is understood and agreed that the General Manager will, if at all possible, confer with the Board regarding emergency expenditures. The General Manager must attempt to notify all members of the Board of Directors immediately after making such a purchase.

GENERAL:

1. Purchases which should be in one transaction shall not be split into a series of transactions for the purpose of evading the bid/quote requirements herein.

2. The Board of Directors shall annually during the budget development process establish the minimum dollar level above which competitive bids and quotes shall be required effective July 1 of that year. If the Board takes no action to review the dollar amounts, they shall remain as specified or as subsequently changed hereafter.


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Attachment to Procurement Policy

Format

Construction Services

Agreement

(If vendor / maintenance services are to be provided, the

Vendor / Maintenance Services Agreement format should be used.)

Blanks to be filled in:

Name & License Number of Contractor - first paragraph

Date of Contractor=s Response to RFP B Recitals, Paragraph C.

Dates of commencement and completion - Paragraph 6.a.

(If applicable) Amount of daily amount to be levied B Paragraph 6.b.

Length of Material & Workmanship Warranties B Paragraph 11.d

Amount of Compensation - Paragraph 16.a.

Contractor Name and Address for Notice - Paragraph 27

Name & License Number of Contractor on Signature Block

Scope of Work - Exhibit A

Contractor=s Bid / Response to RFP B Exhibit B

Description / Map of Project Areas & Access Areas B Exhibit C

Insert Contract Price, amount of Initial Deposit and Final Payment B Exhibit D


AGREEMENT FOR CONSTRUCTION ACTIVITIES

THIS GENERAL CONTRACTOR AGREEMENT ("Agreement") is made by and between

OUTDOOR RESORT PALM SPRINGS OWNERS ASSOCIATION, a California Nonprofit Mutual Benefit Corporation("Association"),and ___________________________________________________________ ("Contractor"), holding California State Contractors License No. ________________________________. RECITALS

A. The Association is a California Nonprofit Mutual Benefit Corporation, whose general and specific purposes are recited in its CC&Rs, Bylaws, Articles of Incorporation and other governing documents “(“Governing Documents”). One of the purposes in the Governing Documents are to manage, operate and maintain the community, commonly known as ORPS

(hereinafter, ACommunity@) located in located in an unincorporated area of Riverside County,

California;

B. The Board of Directors of the Association has been granted the power and authority, pursuant to its Governing Documents, to contract for services and maintenance functions imposed upon the Association by the Governing Documents, with such personnel as the Board of Directors of the Association shall, in its discretion, determine;

C. On or about _____________________________, Contractor submitted to

Association a written proposal to provide labor and materials for the project described herein;

D. Contractor is licensed to perform the work described in this Agreement; and

E. Association and Contractor wish to enter into a written agreement setting forth the duties

and responsibilities of both parties for the Scope of Work described herein. AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Association and the Contractor agree as follows: 1) Scope of Work / Specifications. The work to be performed by the Contractor shall be

consist with the Scope of Work and Specifications (AScope of Work@) as identified in Exhibit A

attached hereto and Contractor=s bid proposal attached hereto as Exhibit B (ABid Proposal@),

both Exhibits to be made a part of this Agreement by this reference (collectively the

ASpecifications@ or AScope of Work@ or AProject@). If there is any inconsistency between the

terms contained in this Agreement and any Exhibit, the terms of this Agreement shall supersede and prevail over any such inconsistent provision contained in the Exhibits. The Scope of Work shall be completed in accordance with all local, county, state and federal laws, ordinances and regulations. The work to be performed by Contractor consistent with the Specifications shall be for those project areas, which shall be accessible via those access areas, identified in Exhibit C,

attached hereto and made part hereof by this reference (AProject Areas and Access Areas@).

2) Contract Documents.


a) The contract documents consist of this Agreement, the Specifications, and other

exhibits attached to this Agreement (and made a part hereof by this reference). If there is any inconsistency between this Agreement and the Specifications and/or other exhibits, then in such an event the Agreement shall control, take precedence and supersede the inconsistent provision contained in the

Specifications and/or other exhibits. If there is any inconsistency between the depiction

of the Project Areas and/or Access Areas in Exhibit C and the Specifications, the Specifications shall control over any inconsistent provisions or lack of identification within Exhibit C depiction.

b. Notwithstanding the provisions of Paragraph 2.a, to the extent there is any inconsistency between the Specifications enumerated under Exhibit A and the Bid Proposal attached as Exhibit B, then the specification requiring the higher standard shall control and supersede over any inconsistent provisions contained within Exhibit A and the Exhibit B Bid Proposal. 3) Equipment and Materials.

a) Contractor shall provide first class equipment in such quantity as may be required to perform prompt and efficient execution of the Scope of Work and shall maintain all its own equipment at no expense to the Association. Unless otherwise agreed to in writing by the Association such equipment and materials shall not be stored within the Community. Except as specifically noted as "extras" in the Exhibit A Scope of Work, all equipment, materials and labor necessary to perform the services enumerated in this Agreement are included within the Contract Price set forth in Paragraph 16.a. Any extras shall be billed to the Association consistent with Paragraph 18. Contractor shall provide, upon the Association request, any direct billing to Contractor to establish Contractor's actual cost.

b) Equipment may only be operated by qualified and licensed employees of Contractor while in the Community. 4) Independent Contractor Status. Contractor has entered into this Agreement and is to perform the terms of the Agreement solely as an independent contractor and is not in any way to be deemed a partner, joint venturer, agent, associate or employee of the Association. PERFORMANCE / PERSONNEL 5) Standard of Performance. Contractor agrees to complete in a workmanlike and substantial manner (furnishing such labor, materials, tools and equipment as may be required) the Project in accordance with the Specifications. In determining levels of adequacy, appearance and general condition with respect to the performance of services, the Contractor will rely on the requests and demands of the Association’s General Manager or other Designated Representative as its highest authority. The Contractor will utilize initiative and all of the resources at its command in order to meet the standards of performance as conveyed by the Association. If work is not performed by the Contractor (as determined in the sole discretion of the Association) within fifteen (15) days after written notice is presented by the Association's General Manager or other Designated Representative, then alternative personnel may be hired by the Association to perform the work with the cost of such work to be offset against any compensation due Contractor under this Agreement. 6) Commencement of Work / Time for Completion / Liquidated Damages.

a. Commencement / Completion Dates. Contractor shall commence work on ________________________, and shall complete the Scope of Work on or before the close of business on ________________________. For purposes of this paragraph, completion shall be


defined as completion of the Project in accordance with paragraph 16.d. above including, but not limited to completion of each and every portion of the Specifications.

b. Liquidated Damages. If Contractor fails to complete the work under this Agreement on or before the completion date identified in sub-paragraph a. of this section, Contractor agrees to pay to the Association as liquidated damages $_______ per day for every

day completion exceeds the completion date (e.g. as Acompletion@ is defined in paragraph 16.d

below). The liquidated damages described in this paragraph are not intended as a forfeiture or penalty within the meaning of California

Civil Code '' 3275 or 3369, but instead are intended to constitute liquidated damages to

the Association, pursuant to ' 1671(b) of the California Civil Code. Should the performance of

the obligations of either party under this Agreement be prevented or delayed by an act of God, war, civil insurrection, fire, flood, storm, strikes, lockouts, or by any law, regulation, or order of any federal, state, county, or municipal authority, or by unavailability of materials, or by acts of the Association, then Company's performance under this Agreement, to the extent it is prevented or delayed, shall be excused, and the time herein fixed for the completion of the work as enumerated in this Paragraph 6. shall be extended the number of days that Contractor has thus been delayed, but no allowance or extension shall be made unless a claim therefore is presented in writing to the Association within forty-eight (48) hours of the commencement of the event causing such delay. The Parties initials (below) reflect that the terms within Paragraph 6.b. above are applicable.

_______________ ________________

Association Initials Contractor’s Initials

7) Contractor’s Personnel Standards.

a. All work shall be performed by personnel who shall be properly trained and otherwise qualified to perform assigned tasks.

b. All personnel will be neat and conduct work in a professional manner with minimal disturbance to the Association and its members. If any of the Contractor's personnel are not reasonably satisfactory to the General Manager, or other Designated Representative, Contractor shall replace such personnel with satisfactory personnel.

c. Contractor shall use all reasonable care, consistent with its rights, to manage and control its operation, not to employ any persons, or use any labor, or use or have any equipment or permit any condition to exist which shall or may cause or be conducive to any labor complaints, troubles, disputes or controversies within the Community or likely to interfere with the quiet enjoyment of any the Association member's use of his/her particular residential dwelling / Lot.

d. Contractor shall immediately give such notice to the General Manager or other Designated Representative, followed by written progress reports, as shall be reasonably necessary to advise the General Manager, or other Designated Representative of the Association of any and all impending or existing labor complaints, troubles, disputes or controversies and the progress thereof that Contractor in its opinion believes may interfere with the quiet enjoyment of any the Association member's use of his or her particular residential dwelling / Lot. Contractor shall immediately use his best efforts to resolve any such complaint, trouble, dispute or controversy.

e. Contractor shall oversee and obey (and compel its officers, employees, guests, invitees and those doing business with it to observe and obey) the rules and regulations of the


Association and such further reasonable rules and regulations which may from time to time be adopted during the effective period of this Agreement by the Association for reasons of safety, health, preservation of property or maintenance of a good and orderly appearance of the Community. 8) Supervision and Inspection.

a) The Association's General Manager or other Designated Representative of the Association shall have the right at all times to examine or have examined the supplies, materials, and equipment used by Contractor and to observe the operations of Contractor, his agents, servants and employees and to do any act or thing which the Association may be obligated or have the right to do under this Agreement.

b) Contractor agrees to furnish the necessary qualified supervision to oversee all operations. 9) Damage to Contractor's Supplies or Equipment. Contractor assumes liability for fire, theft, accident or any other damage or loss to Contractor's supplies, materials, equipment or of any personal property or belongings of its employees, wherever located within Community. 10) Licenses. Contractor agrees to maintain all permits and licenses as may be required by the County of Riverside, State of California and the Federal government. As a condition precedent to the Association's obligation to perform under the Agreement, Contractor shall obtain and produce a copy of its current licenses from the County of Riverside and State of California. If either of said licenses expire, are revoked, suspended or are not renewed, the Association shall cease to become obligated under the Agreement. WARRANTIES 11) Contractor's Warranty.

a) Contractor warrants to the Association that all materials and equipment incorporated into the work performed under this Agreement will be new unless otherwise specified and that all work will be of good quality, free from faults and defects and in conformance with the Specifications contained in this Agreement. All work not conforming to these standards shall be considered defective.

b) In submitting a bid for this project, the Contractor warrants that it is an expert in the type of construction involved with the Project and that Contractor's personnel have personally inspected the site and its requirements, as well as the Specifications.

c) Contractor further warrants that, to the best of its knowledge, there are no errors or omissions in the Specifications, other than those, if any, to which written notice has been provided to the Association by Contractor.

d) Warranties for Material and Workmanship. Contractor expressly warrants and guarantees that all labor and materials related to the Project, including all portions of the Specifications provided under this Agreement to be free of defects from both material and labor and fit for the purposes intended for a period of __________ (__) year(s) from the date of

completion of the Scope of Work under this Agreement (AWarranty Period@). If a defect in

workmanship, inclusive of any labor and/or materials is discovered within the Warranty Period, Contractor warrants and agrees to remedy the defective condition and facilitate any and all necessary repairs/replacement all at no charge to the Association for the cost of any materials, supplies, labor and/or other costs to facilitate said remedies. Contractor further warrants and agrees to commence such remedies within ten (10) business days after being notified of same and to complete the repairs within a reasonable period of time thereafter.


e) Assignment of Warranties. Contractor shall assign to the Association all

warranties and guarantees for materials and products carrying warranty and guarantee periods, and Contractor shall supply the Association with all warranty and guarantee documents relative to materials incorporated in the job and guaranteed by their supplier or manufacturers. Specifically, Contractor agrees to comply with all manufacturers’ recommended instructions for installation of all materials incorporated within the Project described in this Agreement. Contractor shall provide written evidence from the manufacturer, confirming that Contractor has complied with manufacturer's recommended installation instructions and specifications, further assuring the Association that the manufacturer's warranty is in effect. 12) Additional Warranties. In submitting a bid for this Project, the Contractor warrants that it is expert in the type of construction involved and that Contractor's personnel have personally inspected the site and its requirements, as well as the Specifications. The Contractor affirms that, to the best of its knowledge, there are no errors or omissions in the Specifications. Contractor further warrants that, to the best of its knowledge, there are no errors or omissions in the Specifications, other than those, if any, to which the Association's attention has been called in Contractor's submission. INSURANCE / LIABILITY 13) Insurance. Contractor shall furnish certificates of insurance, and where applicable endorsements, for each of the insurance policies enumerated below to the Association before commencement of work under this Agreement. All policies for liability protection, bodily injury or property damage shall specifically include the Association as an additional insured with respect to operations under this Agreement. The additional insured endorsement must have both Primary and Non-Contributory wording. Policies shall contain an additional stipulation that written

notification of any change and/or cancellation of Contractor=s policy(ies) shall be given to the

Association within forty-eight (48) hours of such change. Said policies of insurance shall include the following limits:

a) Appropriate bodily injury insurance with limits of not less than $2,000,000.00 for each person and $2,000,000.00 for each accident.

b) Workers compensation insurance for all personnel assigned to the subdivision. The workers compensation insurance must be specifically endorsed to waive all rights of subrogation against the Association.

c) Property damage liability insurance with a limit of not less than $1,000,000.00 for each accident.

d) If automotive equipment is used in the operation, automobile bodily injury insurance with limits of not less than $1,000,000.00 for each person and $1,000,000.00 for each accident and property damage liability insurance with limits of not less than $1,000,000.00 for each accident with medical pay coverage of $50,000.00 regardless of fault.

e) All certificates of insurance and endorsements shall require thirty (30) days=

written notice of cancellation to be provided to the Association. f) Contractor shall require any sub-contractor employed by him to procure and

maintain the insurance enumerated in this Paragraph 13. 14) Liability for Damage and Duty to Mitigate Damage.

a) Any portions of the existing structures or facilities of the Association which are damaged as a result of Contractor's performance of work under this Agreement shall be repaired


or replaced in kind and in an approved manner by Contractor. All work of this kind shall be performed by the Contractor at no cost to the Association and shall be accomplished as directed by the Association. Repairs to facilities shall be made immediately after damage occurs, unless otherwise directed. If Contractor fails to repair said damage, the Association is authorized to facilitate the repairs and offset the cost against any monies due Contractor.

b) When necessary to mitigate damage to areas such as fairway and golf cart path

areas, Contractor shall work closely with the Association=s General Manager or other Designated

Representative to facilitate creation of the Access Areas for ingress and egress. 15) Indemnification. Contractor shall indemnify, defend, protect, and hold harmless the Association from and against any claim, liability, lawsuit, demand for arbitration, loss, damage, cost, or expense, including reasonable attorneys' fees, award, fine or judgment, including the timely payment of any judgment, arbitration or mediation award rendered or entered against the Association with respect to or arising out of the services or work to be performed under this Agreement, including without limitation, any such claims, liability, loss, damage, cost, expense, award, fine or judgment arising by reason of death or bodily injury to persons, injury to property, and/or conduct related to administration of this Contract, or arising by reason of the Association's alleged or actual negligent act or omission, regardless of whether such act or omission is active or passive; provided however that Contractor shall not be obligated to indemnify the Association with respect to damage or injury that is exclusively caused by the sole negligence or willful misconduct of the Association. COMPENSATION AND PAYMENTS 16) Compensation.

a) the Association will pay to Contractor _________________________________________ Dollars ($____________) (hereinafter "Contract Price") for the Scope of Work described in Paragraph 1 herein, and any Extras approved by the Association in writing as enumerated in Paragraph 18. below, with payment to be facilitated consistent with the payment schedule attached hereto as Exhibit D and made a part hereof by this reference.

b) Before commencement of work under this Agreement, Contractor shall furnish in writing to the Association the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work.

c. Upon Completion of the Scope of Work, as completion is defined in Paragraph 16.d. below, Contractor shall submit its payment request substantiating the right to receive payment with the appropriate documentation, such as receipts and invoices. Lien releases that

comply with the requirements of Civil Code '3262, signed by all subcontractors, sub-

subcontractors, material suppliers and others who perform work on or furnish equipment or materials to the Project must accompany the payment request.

d. Completion of the Scope of Work is defined to mean satisfaction of all following:

i) Any and all inspections and approvals have been provided by the applicable governmental agency (if applicable).

ii) the Association shall have received a Conditional Waiver and Release upon final payment for which payment is requested from the Contractor as well as from any materialman and/or subcontractor.


iii) the Association's General Manager or Designated Representative has reviewed the work performed by Contractor and reasonably determined that Contractor has completed the work in accordance with the Specifications, industry standards and Paragraph 16. of this Agreement. 17) Payment by Contractor for Labor and Material. Contractor shall pay, when due, all valid charges for labor and material incurred by Contractor and used in performing the work and shall also be responsible for keeping the job free of mechanics' liens recorded by or under Contractor its subcontractors or sub-subcontractors. If Contractor fails to make any payments required under this Paragraph or if Contractor fails to keep the Project free of mechanics' liens recorded by or under Contractor or its subcontractors or sub-subcontractors, the Association may settle such claims and Contractor shall, on demand, reimburse the Association for amounts so paid, or the Association may offset said monies paid on said claims against any monies due Contractor. 18) Extra Work, Changes and Deletions. The Association may, without affecting the validity of this Agreement, order changes, modifications, deletions and extra work by issuance of written change orders from time to time during progress of the work. The Contractor shall make no change in the work without the issuance of a written change order, and the Contractor shall not be entitled to compensation for any extra work performed unless the Association has issued a written change order designating work to be performed. In the event that the Association orders work added or deleted, the Contract Price shall be increased or reduced by a fair and reasonable valuation. If the parties are unable to agree on the amount, the Contractor will nevertheless perform the work as modified, and the amount to be charged or credited shall be determined by negotiation. If the parties are unable to agree on the amount to be charged or credited, the controversy shall be submitted to arbitration in accordance with Paragraph 19. of this Agreement. As the extra work progresses, payments for extra work will be made concurrently with the payment made in accordance with Paragraph 16. The only person authorized to order extra work is the General Manager or other representative designated in writing by the Association. The parties expressly recognize that no other agent, employee or subordinate of the Association, or any owner of a residential dwelling within the Community, may order extra work. If the Contractor performs extra work at the request of any such agent, employee, subordinate or owner, the Contractor shall not be compensated for the extra work. GENERAL PROVISIONS 19) Arbitration. If Contractor defaults, fails, or neglects to carry out the work in accordance with the contract documents, the Association, after seven days' written notice to Contractor and without prejudice to any other remedy the Association may have, may make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Contractor. Alternatively, at the Association's option, the Association may terminate the contract if Contractor does not cure or commence to cure (and thereafter diligently proceed to complete the cure) any default within fifteen (15) days after the Association delivers to Contractor written notice of its election to terminate. Upon such termination, the Association may finish the work by whatever method the Association may reasonably deem expedient. If the unpaid balance of the contract price exceeds the cost of finishing the work, such excess shall be paid to Contractor, but if such cost exceeds such unpaid balance, Contractor shall pay the difference to the Association. 20) Attorneys' Fees. In the event that any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, or arising out of a breach of this Agreement, the prevailing party shall recover all of such party's attorneys' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions. As used in this Agreement, attorneys' fees shall be deemed to mean the full and actual cost of any legal services actually performed in connection with the matters involved, calculated on the basis of the usual fees charged by the attorneys performing such services and shall not be limited to "reasonable attorneys' fees" as defined in any statute or rule of court.


21) Assignments. The Agreement shall be binding upon the successors and assigns of the Contractor and the Association. This Agreement may not be assigned by the Association or by the Contractor without the prior written consent of the other party which consent shall not be unreasonably withheld. 22) Counterparts. This Agreement may be executed in counterparts and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and all counterparts taken together shall constitute one and the same Agreement, which shall be binding in effectiveness to all parties. 23) Force Majeure. Either party, Contractor or the Association, shall be excused for any delays or defaults by him or it in the performance of this Agreement unavoidably caused by the act of the other, the act of any agent of the other, the act of any governmental authority, the act of any public enemy, acts of God, the elements, war, war defense conditions, litigation, strikes, walkouts or other causes beyond his or its control. Each party shall use reasonable diligence to avoid any such delay or default and to resume performance under this Agreement as promptly as possible after any such delay or default. 24) Entire Agreement. This Agreement contains all the agreements of the parties with respect to the matters contained therein, and no prior agreement and/or understanding pertaining to any such matters shall be effective for any purpose. No provisions of the Agreement may be amended except by an Agreement in writing signed by the parties hereto or their respective successors in interest. 25) Governing Law. The Agreement is made pursuant to the laws of the State of California and shall be interpreted thereunder. This Agreement constitutes the entire agreement between the parties regarding the subject matter. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. If any provisions in this Agreement are held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 26) Termination by the Association. If Contractor defaults, fails, or neglects to carry out the work in accordance with the contract documents, the Association, after seven (7) days' written notice to Contractor and without prejudice to any other remedy the Association may have, may make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Contractor. Alternatively, at the Association's option, the Association may terminate the contract if Contractor does not cure or commence to cure (and thereafter diligently proceed to complete the cure) any default within fifteen (15) days after the Association delivers to Contractor written notice of its election to terminate. Upon such termination, the Association may finish the work by whatever method the Association may reasonably deem expedient. If the unpaid balance of the contract price exceeds the cost of finishing the work, such excess shall be paid to Contractor, but if such cost exceeds such unpaid balance, Contractor shall pay the difference to the Association. 27) Notice Provisions. Each notice and other communication required or permitted to be given under this Agreement ("Notice") must be in writing. Notice is duly given to another party upon: (a) hand delivery to the other party, (b) receipt by the other party when sent by facsimile to the address and number for such party set forth below (provided, however, that the Notice is not effective unless a duplicate copy of the facsimile Notice is promptly given by one of the other methods permitted under this paragraph), (c) three business days after the Notice has been deposited with the United States Postal Service as first class certified mail, return receipt requested, postage prepaid, and addressed to the party as set forth below, or (d) the next business day after the Notice has been deposited with a reputable overnight delivery service, postage prepaid, addressed to the party as set forth below with next-business-day delivery


guaranteed, provided that the sending party receives a confirmation of delivery from the delivery-service-provider.

To the Association: Board of Directors Outdoor Resorts Palm Springs Owners’ Association

Attn: General Manager 69411 Ramon Road Cathedral City, CA 92234

Courtesy copy to: GURALNICK & GILLILAND, LLP

Attention: Wayne S. Guralnick, Esq. 40-004 Cook Street, Suite 3 Palm Desert, CA 92211

To Contractor: ______________________________________

______________________________________ ______________________________________

Either party may change its address by giving the other party written notice of its new

address.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD WHOSE ADDRESS IS:

CONTRACTORS' STATE LICENSE BOARD P.O. BOX 26000 SACRAMENTO, CALIFORNIA 95826

IN WITNESS WHEREOF, the undersigned have subscribed their names on the day and

year as written above.

ASSOCIATION OUTDOOR RESORT PALM SPRINGS OWNERS ASSOCIATION

A California Nonprofit Mutual Benefit Corporation Date: ___________________ By: ______________________________________ CONTRACTOR

_____________________________________________

Date: ___________________ By: _____________________________________

Contractor's License Number ____________________


EXHIBIT A

Scope of Work

[To Be Inserted by the Association]

EXHIBIT B

Contractor=s Bid / Response to Request for Proposal


EXHIBIT C

Project Areas & Access Areas


EXHIBIT D

Payment Schedule

1. the Association will pay to Contractor the Contract Price of __________________________

Dollars ($________________)* for the Project Scope of Work described in Paragraph 1 herein, with payment

to be facilitated consistent with the following payment schedule:

a. Initial Deposit. Within two (2) business days of full execution of this Agreement, the

Association shall remit payment of the initial deposit in the amount of _____________, representing ten

percent (10%) of the Contract Price; and

b. Final Payment Request. Contractor shall submit payment request substantiating the

right to receive payment in the amount of the remaining 80% per location to be billed separately upon

completion, representing the balance of the Contract Price less 10% retention, along with the following

required documentation:

i. Backup receipts and invoices;

ii. Lien releases that comply with the requirements of Civil Code '3262, signed by

all subcontractors, sub-subcontractors, material suppliers and others who perform work on or furnish

equipment or materials to the Project.

2. Association Final Payment. Association shall remit the 10% retention to Contractor within thirty

(30) days after completion of all stages of work for the entire Project, as that term is defined in Paragraph

16.d., receipt of the required documentation and, in addition thereof, any defective work reasonably

designated by the Association has been remedied.

*State, city and local taxes are included within the Contract Price.


RESERVATION FORM FOR OWNERS LOUNGE

DATE: _______________________ NAME________________________LOT #_____ TEL #____________________EMAIL___________________________ Date of Event:_____________________Time of Event__________________ Expected No. of Guests: ____________

Purpose of Event (i.e., private dinner party, card-playing activity, ORPS-sanctioned event) ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ DEPOSITS: $150 Damage/Cleaning Deposit* plus $50 Set-up Fee (non-refundable)

*Damage/Cleaning Deposits are fully refundable if the room is left clean and in the same condition as received. Responsibility for damage is not limited to the damage/cleaning deposit.

Cancellation Fee: A $50 Cancellation Fee will be assessed if the reservation of the Gathering Room is cancelled less than seven days prior to the event. Cancellation notice must be in writing. Linen Service: Staff will order linens for private dinner parties at a cost of $3.00 per table cloth (round or banquet size) and $.25 cents each for napkins. Specify Color: ____________________ _____ table cloths @ $3.00/each $_________________

_____ napkins @ $.25/each $_________________ Total: $_________________ Bar Service: For private functions, “Bring your own bottle” is permitted except that no one under the age of 21 will be allowed to consume alcoholic beverages. If a bartender is requested, additional fees will apply to the event. All fees are to be paid in full at the time the reservation is approved by the Activities Director. As a condition of this Reservation Agreement, applicant agrees to be present during the entire event and will be held responsible for damage to the premises over and above the required damage/cleaning deposit. Applicant also agrees that he/she shall indemnify and hold Association and its General Manager, its respective officers, directors, managers, employees and agents harmless from any liability and/or expense (including without limitation attorneys’ fees) arising out of or in connection with this Agreement, excepting only such injury or harm as ay be caused solely and exclusively by Association’s gross negligence. Signature of Owner/Applicant:_______________________________________ Date:___________________________ APPROVAL: _____________________________________ DATE:__________________________________ Activities Director PAYMENTS/DEPOSITS RECEIVED: (All fees must be made at the time reservation is approved)

Damage/Cleaning Deposit $____________________ Set-Up Fee (if applicable) $____________________ Linen Service (if applicable) $____________________ Bar Service (if applicable) $____________________ TOTAL: $____________________

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