What we didn't get: Tennis Courts

The Palermo Palm Springs marketing brochures and sales agents said we would have tennis courts. One brochure said the tennis court and other amenities "mean every day can be a vacation from the ordinary." The courts would be above the concrete "pond" that's already built on the undeveloped portion of Palermo. Many people mistakenly think the concrete pond on the back lot is where the third swimming was supposed to go. But the tennis courts were to go there. A water retention system already is below the concrete and is part of the Palermo infrastructure regardless of whether the undeveloped property in Phase 2 is foreclosed upon. Miss Penny Lane says: Anyone up for a tennis match in the concrete pond because she needs a break from the ordinary.

Plants need a Happy Hour, too

A resident sent in this photo and wants to know whether one of the palms at Melody and Breeze is dying. The tree on the right in this photo looks in distress. Miss Penny Lane says: Perhaps our gardener could get out the water hose to give this and other plants that need it a big cool drink. She herself could use one after today's heat.

Remembering www.palmeropalmsprings.com

The developer took down the palermopalmsprings.com site on the Web long ago after the sales office closed up. The site was a source of good information such as the smart floor plans for the seven types of models at Palermo. It's also useful to remember the sales pitches on the closed-down Web site. See the images here to recall what the Internet site looked like. Remember how one page said: "First class living for California and beyond. Enterprise California is part of The Enterprise Companies, a family-owned and operated real estate development company headquartered in Chicago. Since 1971, we have grown to become the largest and most respected developer in that market, thanks to our commitment to rigid quality standards, innovative architectural designs, and the prosperity of the communities we serve ... Now we are pleased to bring that same commitment to California and those who seek first-class, residential living. Welcome to Enterprise California." Another page on the site said: "Your personal oasis. Palermo begins with beautiful landscaping, creating a perfect compliment to the glorious surroundings. The clubhouse sits at the center of it all, with its spacious party room and chef's kitchen welcoming you to entertain friends and family for any occasion. Three sparkling pools and sunning areas conveniently await you throughout the community, inviting you to relax and unwind. For the more active lifestyle, the tennis courts and extensive exercise facility provide ample opportunities to stay fit. Enjoy the latest aerobic and weight lifting equipment, state-of-the-art cardio and weight machines and even private men's and women's locker rooms. Even pets can roam free, while you meet and socialize with neighbors, in the spacious dog park. Welcome to the Palermo state of mind — resort-style living for your body, mind and soul." Miss Penny Lane says: How wonderful.

Magnitude 3.6 quake rattles Palermo

Another earthquake woke up Palermo-ites this morning, shaking buildings but causing no real damage. The magnitude 3.6 quake was centered near Cabazon and struck at 6:59 a.m. It was a short jolt at Palermo. Miss Penny Lane says: We escaped another one, but what else does Mother Nature have in store for us after this season of shakers?

What we didn't get: 10,000 square feet of retail space at Indian Canyon and San Rafael

Palermo wasn't just going to be a 211-unit condo development done in Palm Springs Desert Modern design. It also was supposed to have 10,000 square feet of retail space. There also would be about three dozen parking spaces. A high-end coffee shop was dangled before home buyers as one tenant ready and waiting. Those who remember know that the retail component was important to Palermo's approval because city planners worried about the lack of shopping options in this part of Palm Springs. There was debate about whether the Palermo tract should even have residential zoning at all. The developer, Enterprise Cos. of Chicago, had to have a consultant write a report detailing retail needs in this area. The Enterprise report noted that city planners suggested that "a relatively small, residentially scaled, retail component at Indian Canyon Drive and San Rafael could be a catalyst to the city's effort for redevelopment in the area. All parties ultimately agreed that, given the residential development in the area, a small project would do well and could indeed spawn larger development to the west side of Indian Canyon. It could help to 'clean up' a long-standing problem area that has plagued the city for years. Our project could be designed in concept with the units creating an integrated architectural character and not that of a 'strip center' ... We are not 'retail' developers but feel the component was integral with the success of the neighborhood. We were happy to contribute to the effort." The developer no longer seems happy to contribute. When waiting for the back gate to open while on her way to her day job, Miss Penny Lane sometimes pauses in the morning to say: That big pile of rocks over there is the oddest looking coffee shop she's ever seen.

Bank sues developer Shipka over his "personal guarantee" of Palermo loan

Positively Palermo must thank a homeowner from the great North for alerting the site of this news. An article titled "Shipka sued over personal loan guarantees" appeared on a Crain's Chicago business site. Details:
- "Ronald Shipka Sr. is the latest Chicago developer stung by the housing market, as MB Financial sues to collect about $4.7 million on two projects in Palm Springs ...
- The bank is seeking to enforce loan guarantees made by Mr. Shipka, one of Chicago's most successful developers, whose local joint ventures include the 397-unit Walton on the Park on the Near North Side and several towers in Museum Park in the South Loop ...
- Mr. Shipka did not return a message requesting comment ...
- In the larger of the two cases, MB Financial is seeking to collect $3.1 million from Mr. Shipka, who guaranteed a portion of a construction loan used to build a townhouse project ...
- Called Palermo ... only 117 of the proposed 211 units were completed, according to a Web site for residents in the development ...
- The $30-million loan went into default in May when the venture building the project did not make required interest payments. The balance due was $13.2 million on July 30 ...
- Separately, the bank is seeking to foreclose on the unsold portions of the development ...
- In the other case, MB Financial is seeking to collect about $1.6 million from Mr. Shipka, who guaranteed a portion of a $3.6-million loan on a 7.1-acre development site near the Palm Springs Convention Center. Five condos were built on the site, which was zoned for 81 units ...
- That loan also went into default in May when the venture that controls the site did not make required interest payments. The balance due was about $3.2 million on July 26."
The full story by Thomas A. Corfman is on www.chicagobusiness.com. The complete address is:
http://www.chicagobusiness.com/article/20100818/CRED03/100819868/shipka-sued-over-personal-loan-guarantees

In response to a Positively Palermo e-mail, Mr. Corfman writes: "I hope you found the story interesting." We at Palermo certainly do. But this story is far from over for the courts, the banks and maybe even Palm Springs parties that may join the battle now that the LLC's loan conditions and personal guarantees are known. Miss Penny Lane says: Regardless of all that, we residents of Palermo are becoming more in control of our own destiny because of Enterprise's withdrawal.

Neighborly request: Reliable pool and spa services

Positively Palermo has been contacted by a neighbor looking for a good pool guy. If you have suggestions or recommendations for pool or spa services, please speak up. Miss Penny Lane says: With this stretch of 110-plus degree days, and this rare humidity, she's looking for an invitation to take a splash at a Palermo pool party.

What we didn't get: Concierge services

Remember dear old Lynn? She was the thoughtful woman who worked at the front desk at the sales office at 230 Enterprise Way. Lynn would go around the complex on foot or in a golf buggy. She'd remind people not to park in the wrong spots, like on the streets because they are fire lanes. This sweetie would let the gas man in, or open your garage for a necessary furniture delivery when you were at work or away from Palermo. She'd check on your place if you were a vacation second-home owner. The real estate agents sold Palermo as having concierge services, then Lynn was let go, apparently because of costs and now we have a community manager who seems to know little of our Palermo and comes here once a month. Miss Penny Lane says: Lynn was Palermo's fairy godmother with a warm personality and many miss what she did for us.

HOA reports on its progress on security, towing, lighting and much more

With disappointment, Positively Palermo had to remove this entire posting and comments. As requested, this site posted an update from a Palermo HOA board member. Someone took issue with sensitive matters listed in the update and wrote a comment, and then there was a request to delete the resident’s comment. Feelings were hurt. To be fair, the site must just delete all of it, the posting and the comments. A saddened Miss Penny Lane says: Everyone must work to listen to each other, and it had appeared we were on that road.

Message left by Micheal Heath of Village Property Management

Some of you may have missed that the CEO of Village Property Management left a comment earlier this week to a Positively Palermo posting. If you did miss it, here is his important message to the Palermo community:

From Michael Heath, CEO, Village Property Management. I want to thank Penny Lane for taking the time to put together a well thought out blog. Village Property Management provides an important service to the Palermo community. Village Property Management and its staff take pride in the Palermo community and we will continue to be a large support in what makes Palermo such a great place to live. It is important to mention that without the presence of rentals in the Palermo community, the HOA and the development would be in a much more challenging situation. The rental income has afforded the developer to keep HOA dues paid. Village Property Management works to support not only the developer but property owners and renters alike. I want to offer all persons an opportunity to reach me directly with concerns related to VPM rentals at Palermo. Feel free to express your comments related to VPM’s presence at Palermo - be it constructive or less constructive. I can be reached via email at mheath@vpmrents.com. I thank you for this forum.

Miss Penny Lane says: Thank you to Mr. Heath for looking out for our neighbors and our community.

What we didn't get: Metal sculptures at the Palermo entryway on Indian Canyon Drive

Full-time and vacation homeowners who purchased Palermo townhomes and villas were promised many features, but will these obligations be kept now that the Enterprise Cos. has been issued a notice of default? Through sales materials and signage on the grounds, on the development's Web site, through sales agents for Scott Lyle Realty, and at city meetings, much was promised, from tennis courts to a dog park. Positively Palermo will review some of these missing features in the days to come. Share here what you were told. One thing missing is the public artwork that was to grace the sidewalk area along Indian Canyon Drive, approved by the city art commission. The 15-foot metal sculptures by California artist Heath Satow were titled "Fata Morgana." They were described as: "Two large abstracted animal forms from stainless steel with a golden patina fading into the upper section. Stretched in appearance, the 'animals' are topped with branch-like forms with leaves in the area where the head and tail normally would be. The idea is two-fold: One part of this concept is to play upon the idea of a Fata Morgana mirage sometimes seen in the desert areas, which is a mirage that stretches the appearance of things in the distance, sometimes allowing nearby taller things to combine with the object, thus the stretched animal combined with parts of the tree. The other part of the concept is simply to provide an object that will inspire ... an unusual thing that people will not easily forget ... They follow the philosophy of the surrealist movement in that they inspire the imagination stimulating your senses with something absurd, a non-sequitur." (Thank you to the resident who sent in information and pictures of the sculptures.) Miss Penny Lane asks: Do not the residents of Palermo Palm Springs deserve what we were promised was to come?

Palermo HOA to clamp down on illegal parking?

Arriving back at the Palermo mothership this evening, signs taped on the mailboxes greeted people coming home from work. The note read: "TOWING NOTICE. Please be advised, all vehicles parked in the street will be towed immediately. If you should see any vehicles parked illegally please call Colt Security at 760-564-8415. Lastly, if a vehicle is parked in your driveway you may also authorize the removal of the vehicle by calling Brothers Towing at 888-323-2325. Thank you, Palermo Board of Directors." Sadly, the HOA board probably was driven to take such action because of the continuing brutish behavior of some residents and visitors, and concerns about public safety. Miss Penny Lane often longs for the genteel days of her childhood and says: Let's all be courteous and refrain from illegal parking, as it could endanger the lives of your neighbors by impeding traffic and safety vehicles.

Yet another quake felt at Palermo

Out-of-town owners have asked if the magnitude 4.1 earthquake centered near Desert Hot Springs was felt at Palermo this morning. According to one e-mail received, the 10:39 a.m. shaker was indeed felt here but no one has reported damage. There also was a 2.1 quake at 6:30 p.m. in that same area. There's a link on the left-hand column of this page to the U.S. Geological Survey Web site, the best place to get the lowdown on California quakes. Miss Penny Lane says: Be safe, and this is another reminder to get your disaster kits put together.

Why the indifference? City ignores stolen shopping carts at gateway to Palm Springs

Battling the abandoned shopping carts left in the Indian Canyon median is a constant fight. But it shouldn't have to be, if the recycling center on Oasis Drive improved how it deals with people who fill the stolen carts with cans and bottles and then leave the empty carts in our neighborhood. You can call the recycling center at 760-325-3377 to complain. A picture above shows people bringing the carts to the center. The middle picture above shows the center allowing a cart on its property. Palm Springs City Manager David Ready promised help, as did various council members, but nothing came of it. See Positively Palermo's three postings from May. The shopping cart removal service (800-252-4613) is slow, sometimes doesn't come at all, and doesn't contract with all the stores. Miss Penny Lane says Palermo as a community must overcome the city's indifference and find a solution to this eyesore at the gateway to Palm Springs.

Mayor and City Council e-mail info:
Mayor Steve Pougnet — E-mail: Steve.Pougnet@palmsprings-ca.gov
Councilman Chris Mills — E-mail: Chris.Mills@palmsprings-ca.gov
Councilwoman Ginny Foat — E-mail: Ginny.Foat@palmsprings-ca.gov
Councilman Rick Hutcheson: E-mail: Rick.Hutcheson@palmsprings-ca.gov
Councilman Lee Weigel: E-mail: Lee.Weigel@palmsprings-ca.gov

What Village Property Management is telling tenants in Enterprise-owned units

Here is what CEO Michael Heath of Village Property Management is saying to our neighbors who rent out units owned by the Enterprise Cos. of Chicago. The letter is above - sorry for the quality of the image. Some highlights are:
- "PS Venture Indian Canyon San Rafael LLC has ownership of many condominium units at Palermo that Village Property Management manages. These units may experience a transfer of ownership. In most cases there is a seamless transition of ownership."
- "As a representative of Village Property Management, I am here to assure you to the best of my ability and within my power that your tenancy will not be in jeopardy while we are managing your residence."
- "Village Property Management, as your Landlord of record, holds your security deposit in a Broker's Trust. This will continue to be the case during any possible transition of ownership in your condominium or the subsequent release to you after your tenancy has expired ..."
- "You will receive future updates from me when I have them."
Miss Penny Lane says: It is good to know someone is saying they have the backs of the renters of the Enterprise units, but left unanswered is whether Enterprise has told Village Property about what may happen next.

Important Update from a Board Member of the Palermo Palm Springs HOA

Welcome to Positively Palermo. To access the main page of this site instead of this old post, please click on "Positively Palermo: Journal of a Palm Springs community" to the left. Thanks.

































The following is an email that one of the HOA board members wanted posted on Positively Palermo. Here it is:

Morning Penny,

I spent much of yesterday going through your blog and trying to come up with some answers to posts and follow-up with the recent Board Meeting. Here's what I have so far:
1. Towing Service: I have researched three towing services that - low and behold - just happen to be across the street on San Rafael. I will talk to them this week about a 24 hour towing service that residents who see people parking alongside the street may call directly so you don't have to go through Colt or DRM. Once we contract a towing service, we will ask DRM to post an announcement one week before towing begins and we will send out an announcement of this company and their contact information.
2. Gates not Opening in a Blackout: Patrick will contact Bruce Bushore to make sure that a back up system has been put in place.
3. Locks on Pool & Spa: Patrick believes this has been done at one of the pools and will make sure that it is done at the second pool.
4. Committees:
-Landscape & Pool: Anyone having an issue with the pool, spa or landscaping should contact Patrick directly.
-Architectural Committee: Any person wishing to do any changes to the outside of the building, such as satellite dishes, must go through Jim.
-Safety Committee: Patrick will head this up. A resident named Perry, who was at the HOA meeting will also help Patrick.
-Social Committee: Woo hoo! I get to head this one up.
5. Email list: Anyone wanting to receive communication that is not may email me at cdonahue@thedonahuegroup.com to receive updates.
6. Lighting Timing: Patrick is going to coordinate with Bruce Bushore to see if we can add phototimers to the pool and landscape lighting for better cost effectiveness.
7. Collections Agency: Jim Moser will sign the necessary documents to begin the collections process.
8. Shopping Carts: Resident Jim Sullivan has talked with the city and found out that it is likely that the carts are there because of the recycling center across the street on Oasis. I have directed DRM to write a letter on the HOA's behalf and cc the City of PS to Palm Springs Recycling informing them that it is their responsibility to take care of these carts and if they do not we will protest their license when it comes up for renewal.
9. As for the renters who are condo owners and nervous about the Enterprises departure stand by.
10. FINALLY, we need a treasurer and another Board member. Only one person has stepped forward to help so far. Please let Patrick or I know if you have interest. It would be nice to have homeowners who are here full time serving. Of particular interest we need someone with a financial background and someone with a legal background.
HOA Boardmember contacts:
lowryAEG@dc.rr.com
Moser@ameritech.com
cdonahue@thedonahuegroup.com
Best,
Craig D.

UPDATE: The board member also wants you to see this memo regarding towing and illegal parking:
We have a contract with Brothers Towing. There is some civil code that I would like the Board to review. My main concern is in regards to specific authorization to tow (please see highlighted area). The Association could be held liable if a vehicle is towed incorrectly that is why we hired Colt Security to tow vehicles as they assume the liability of towing a vehicle and therefore, make sure all requirements are followed. Therefore, I do not recommend allowing owners to authorize vehicles to be towed from the common areas. However, this is not the case if an owner would like a vehicle towed from their driveway as the drive way is considered their property.
TOWING VEHICLES. Starting January 1, 2007, Vehicle Code §22658 was changed so that associations may tow vehicles for parking violations only if they meet one or more of the following: the vehicle has been issued a notice of parking violation, and 96 hours have lapsed since the issuance of that notice; or the vehicle is parked on association property and lacks any major part or equipment necessary to operate safely on the highway, such as an engine, transmission, wheels, tires, doors, windshield, etc., and the local traffic enforcement agency has been notified at least 24 hours prior to towing; or the association has posted towing signs at each entrance; or the lot or parcel upon which the vehicle is parked is improved with a single-family dwelling.
Towing Agreements. Associations should enter into written agreements with one or more towing companies (which must be listed on the towing signs) requiring them to comply with the requirements of the Vehicle Code, including: providing notice to the local traffic enforcement agency within 1 hour of receiving authorization by the association to tow a vehicle; immediately giving notice to the owner of the vehicle of the towing, the grounds for the removal, and the place to which the vehicle has towed; providing a copy of the notice to the proprietor of the facility (such facilities must be within a 10-mile radius of where the vehicle was removed), if the vehicle is stored in a storage facility. Specific Authorization. Except as noted below, each time a vehicle is towed (i) the association must provide a specific signed authorization to the towing company and (ii) a representative of the association must be present when the vehicle is towed. The towing request must contain the following information: the make, model, vehicle identification number, and license plate number of the removed vehicle; the name, signature, job title, residential or business address and working telephone number of the person authorizing the removal of the vehicle; the grounds for the removal of the vehicle; the time when the vehicle was first observed parked at the private property; and the time that authorization to tow the vehicle was given.
Exceptions to Specific Authorization. Associations may give written general authorizations to companies to tow any vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the property.
RECOMMENDATION: You should have legal counsel review your agreements with towing companies to make sure they contain sufficient safe-guards for the association. And, you should prepare towing guidelines in your Rules & Regulations.


Miss Penny Lane says: Thank you for the information and the communcation.