Median Agreement Update

After months of negotiation, the Median Agreement between our Association and Welk Resort Group has been approved and executed. This comprehensive agreement between the two parties spells out the responsibilities and standards with regard to the Paseo Real median, for both renovation and continued maintenance.

This agreement was especially important because prior to it, there was no agreement between Association 1 and Welk Resort Group that pertained to the median and its maintenance. Most of the median has always been on Association 1 land (the rest belonged to Welk), and Welk was assigned maintenance to our portion via a 1979 agreement between Falcon Lakes Properties (FLP) and our Association (where maintenance was assigned to FLP) and a subsequent agreement in 1990 between FLP and Welk. These agreements had extremely minimal language regarding maintenance (“shall maintain” was about it) and we had no enforcement recourse.

Now, all aspects of maintenance are specified in the agreement we executed, as well as the renovation which we about to undertake. And now that the agreement is executed, members of the Association and parties to the agreement are able to view the 73-page document (which includes exhibits such as the renovation plans from the landscape architect, and the original FLP agreements). We know that several of our homeowners really wanted to see the agreement during negotiations, but legal agreements, contracts and negotiations are handled under Executive Session, per the California Davis-Stirling Act.

Some of you will be interested in the actual document, while others have general and specific questions about the Median project and the document. If you are in latter category, please see the Q&A section below; this should answer your questions.

If you would like to view the actual document, please contact Joy Duguid at Desert Management. Because this is a legal contract our Association’s corporation and Welk’s corporation, these are NOT public documents and are not to be publicly available, posted or shared with those who are not parties. Therefore, you will need to be a current homeowner (not a renter) and bona fide member of the Association, and you must sign for the document. You may view a printed version of the document at Desert Management at no charge, pay Desert Management for a printed copy (per Davis-Sterling), or obtain an numbered electronic version of the document.

We are happy to finally have an agreement that puts some teeth behind handling maintenance. It handles costs, responsibilities and recourse–all in a very responsible way. Our board considers it a “win”, and Welk considers it workable and fair.

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