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Tesoro Resorts Cabo San Lucas, Mexico

Letters to Management

Ms. Streeter deleted our emails…
Your message

To:      Streeter, Pam
Cc:      (names removed);
Remery@steadfastcompanies.com
Subject: Last Conversation
Sent:    Fri, 21 Mar 2008 13:32:15 -0400

was deleted without being read on Sat, 22 Mar 2008 02:25:36 -0400

Your message

To:      Remery@steadfastcompanies.com
Cc:      (names removed); Streeter, Pam
Subject: Flood picture's set 1
Sent:    Fri, 21 Mar 2008 13:28:14 -0400

was deleted without being read on Sat, 22 Mar 2008 02:25:36 -0400

Your message

To:      lgarcia@steadfastcompanies.com
Cc:      remery@steadfastcompanies.com; (names;
ewmoved); Streeter, Pam
Subject:  Flood Picture's Set 2
Sent:    Fri, 21 Mar 2008 13:37:47 -0400

was deleted without being read on Sat, 22 Mar 2008 02:25:36 -0400

Your message

To:      lgarcia@steadfastcompanies.com
Cc:      remery@steadfastcompanies.com; (names;
removed)Streeter, Pam
Subject: Emery Letter March 20 2008
Sent:    Fri, 21 Mar 2008 13:36:42 -0400

was deleted without being read on Sat, 22 Mar 2008 02:25:36 -0400

Luis Garcia deleted our emails:
Your message

To:      Luis H. Garcia
Cc:      Rodney Emery; (names removed);
pam.streeter@ihrco.com
Subject: Emery Letter March 20 2008
Sent:    Fri, 21 Mar 2008 10:36:42 -0700

was deleted without being read on Mon, 24 Mar 2008 21:51:02 -0700

Your message

To:      Luis H. Garcia
Cc:      Rodney Emery; (names removed);
pam.streeter@ihrco.com
Subject:  Flood picture's set 1
Sent:    Fri, 21 Mar 2008 10:37:12 -0700

was deleted without being read on Mon, 24 Mar 2008 21:51:02 -0700

Your message

To:      Luis H. Garcia
Cc:      Rodney Emery; (names removed);
pam.streeter@ihrco.com
Subject:  Flood Picture's Set 2
Sent:    Fri, 21 Mar 2008 10:37:47 -0700

was deleted without being read on Mon, 24 Mar 2008 21:51:02 -0700

March 20, 2008

Dear Mr. Emery:

When we spoke last I was assured that you would call me upon your return from Central America on February 21, 2008.  (Steadfast core value #1 Proceed with Integrity:  Be honest and forthright. Say what we mean, and mean what we say).

I understand that you are very busy.  However, since we have spoken there was yet another flood.   I have been in contact with Pamela Streeter, who directed me to Luis Garcia, a person that in a past conversation and I quote, “We have no money for this, take us to court!”  Then turned and offered to buy the locals.  (Steadfast core value #2 Value People:  Be respectful of one another; cooperate with and help others.)

Pamela Streeter then directed me to your attorney in your Tijuana office Katrine Betancourt.  Pam told me that she had already spoken with Katrine Betancourt, and that she was expecting my call.  After many attempts to reach her, she has not returned my calls.  When I called you last month it was discuss a settlement.  (Steadfast core value # 3 Embrace Opportunity:  Be open to new opportunities and new ideas; be flexible and creative in our approach.)
I will be forwarding you a just a few of the many picture’s taken not just of damages, but of the floods as they happen; floods that occur because you have failed to maintain your building and it’s plumbing.  (Steadfast core value #4 Pursue Excellence:  Be our best; produce the highest quality work product possible at all times.)

I am asking for compensation for the physical damages to my property and destroyed merchandise.  This is more than reasonable considering that I am not also asking for pain and suffering.  

I can be reached at (818)***-**** and 011-52-624-***-****.

Thank you,
J. Phil Goerss
Owner/General Manager

March 5, 2008
Dear Ms. Street,

Cape Marine Corp has sustained more than 80 floods in over 10 years from faulty plumbing and inadequatemaintenance.  The most catastrophic damages have occurred since Steadfast Companies acquired the hotel.  We have lost computers, ceiling tiles, display cases, product, and irreplaceable paperwork and so much more; damages have now exceeded $125,000.00 US in the last four years alone.

To add insult to injury, the hotel security has made a sport out of following, harassing, and cornering us like animals so that we might give them cause to have us arrested.  We had to install security cameras, not to protect our property, but ourselves from them.  These are the same security guards whose job is to protect us and our interests!

We have tried numerous times to talk with the hotel management to resolve our differences.  On July 1 2004 we met with then manager Ivan Garcia to discuss how extensive the hotels neglect in general maintenance has been.  We also expressed our deep concerns over the impending hurricane season and inquired as to what the hotel was preparing to do.  Mr. Garcia falsely made many assurances.  On June 9 2005 we met with Brian Hendrix and express our concerns over the empty promises given from Mr. Garcia.  We explained the history of the problems with the administration and maintenance.  Mr. Hendrix scoffed, saying that the hotel was no longer responsible, but would see what he could do.  Before these meetings as well as in-between and after, we experienced flooding, one of which was raw sewage in the middle of our store. 

Most recently, we awaited a phone call from Mr. Emery that never came.  He assured us he would call February 21st 2008 upon his return from Central America to negotiate a settlement.

We would like to schedule a meeting to discuss this situation further.  As public relations, you of all people can appreciate the need for this to be resolved.

Sincerely,

J. Phil Goerss
Owner/General Manager



Email sent to Luis Garcia:
February 26, 2007

On July 2, 2004, Costa Real water pipes broke and flooded Cape Marine, located in local(s) J2 and J3.  The flood destroyed computers, ceiling tiles, tens of thousands of dollars worth of merchandise, security cameras, irreplaceable paperwork and important documents.  In addition to the costly damages, Cape Marine was also forced to close the store for the entire day, costing us approximately $1,500.00 U.S. dollars in sales.

At 8 o’clock in the morning on July 2, 2004, a Cape Marine employee came to the front desk lobby to report a major flood and requested immediate assistance, alerting the reception that the flood was destroying said above items.  Thirty five minutes later, Phil Goerss went to the front desk because the Costa Real staff had not responded to Cape Marine’s pleas for help in stopping the flood.

At 8:40 Costa Real sent a security officer to investigate, instead of a team of workers to stop the flood and assist Cape Marine in the clean-up.  At 8:55 Costa Real sent a woman from administration to inspect, but still no workers to stop the flood and assist Cape Marine in the clean-up.  At nine o’clock the Cape Marine staff saw yet another security officer who announced that the flood was coming from the Hotels main water line somewhere up stairs.  At 9:10 Cape Marine called for the management again…there still was no aid.  At 9:23 another women came to investigate.  Still the Costa Real hotel sent no one to stop the water from flooding, and no one to give support to the cleanup.

Coincidentally, just the day before on July 1, 2004, the owner of local(s) J2 and J3, Mr. Robert Rains, accompanied by Mr. John P. Goerss had a scheduled meeting with then General Manager Ivan Garcia.  In the meeting they discussed with Mr. Garcia how extensive the Hotels neglect in general maintenance has been.  Mr. Rains and Mr. Goerss also expressed our deep concerns over the impending Hurricane season and inquired as to what the Hotel was preparing to do.  Mr. Garcia assured us that the damages and necessary repairs would be handled immediately. 

On June 10, 2005 it began by water seeping from a pillar in the middle of the store.  After many phone calls, and too many trips into the main offices of Costa Real to receive assistance, we began receiving many visits from Hotel security to assess the situation.  The Hotel finally sent maintenance staff equipped with only a screwdriver.  Many more phone calls and visits to the main offices the Costa Real managed to spare a wet/dry vacuum, a handful of towels and a mop.  Cape Marine ended up supplying the Costa Real maintenance staff with all necessary tools to do their job and even had to provide water as it was a very hot day. 

The Costa Real staff began knocking a large hole into the pillar to find it was a Hotel pipe that was leaking, and after opening up their pipe, sewer water poured out all over the floors: if you can imagine the disgust and horror to see and smell the sewage.  Some of the floor electrical outlets began to smoke.  Cape Marine experienced damage to specialty displays, and a great deal of merchandise.  Not to mention loss of income and a great deal of stress.

Ironically, on June 9 2005 Mr. Goerss had met with the current General Manager Mr. Brian Hendrix.  Mr. Goerss expressed his concerns over the empty promises given from Mr. Garcia.  He explained the history of the problems with the administration and maintenance.  Mr. Hendrix scoffed, saying that the Hotel was no longer responsible, but would see what he could do. 

Monday July 18, 2005.  At around 7 am a Cape Marine employee arrived for an early start.  Before entering the parking lot there was a tremendous amount of water coming from the Marina entrance, and the sound of a great waterfall.  When she reached the doors of Cape Marine she could see that it was bad.  From the outside looking in it was obvious that this was indeed the worst flood for Cape Marine of all time.  Even peering into the dark store she could see the water hammering from the back of the store, bouncing off of gondola’s, merchandise, the floor… the water had been coming down for hours. 

As the Cape Marine employee entered cautiously, remembering the last time there was water on the floor that we almost had a fire due the water getting into the electrical plugs. As she worked her way through 4 inches of water becoming completely drenched trying to get the alarm, she then put out every available bucket to catch the water beating down from the ceiling.  She ran to the main lobby of the Hotel to ask for assistance.  It was clear to the many local business people watching with disgust that we were getting about 40 gallons per minute.

I am left to wonder why is it that the Hotel always sends security.  They just stand there and talk on their 2-ways.  No one helps.  A lot of head scratching.  More 2-way radios, more security. 

Finally.  Maintenance.  It took well over an hour for them to get the water turned off. 

Meanwhile every part of the store is covered in water.  We had to unplug and disconnect the computers to get them to higher ground.  Ceiling tile had fallen every where.  The carpet is so wet that mold would be inevitable.  The flooding ruined light fixtures, office furniture, our brand new Maple showcases and Formica displays, warped front counters and shelving, merchandise and more merchandise. 

Needless to say we had to close the store, yet again. 

Every time we experience a flood of any magnitude, there are thousands and thousands of dollars lost.  Brian Hendrix and Ana Maria Wilson have guaranteed us that the Costa Real Hotel would come in to do an inspection for the plumbing and rhino snot the floors above Cape Marine, so that once and for all the problems would go away.  We constantly have to call them to ask when they are going to fix the problems in their faulty plumbing, and when are they going to repair the roof?  We are in the midst of Hurricane season.  Are they waiting to see ifCabo San Lucas gets hit head on before doing their job?  We are at the point where we are starting to believe that the Costa Real Administration is deliberately trying to put us out of business.

How many more floods caused by this hotel do we have to endure?  How much money do we have to lose before they do their jobs?

Steadfast Companies changed the name of the hotel to Tesoro Resorts; Tesoro means paradise. 

Thursday March 30th, 2006.  Guess what…another flood resulting in several thousands of dollars worth of lost merchandise, and we’re talking losses in cost, not retail.  Guess what else…this flood came from the same pillar that leaked the raw sewage back on June 10, 2005.

At’n: Ana Maria Wilson Izquierdo
Administrator of the Plaza Marina Master Condominium
Boulevard Marina s/n
Lotes 9 y 19 Plaza Marina
Col. Centro Cabo San Lucas
Baja California Sur

 

                                   Cabo San Lucas Baja California Sur, January 31, 2007

Dear Lic. Wilson;

            As has been made known to you on repeated occasions during the last few months, Cape Marina Corp. S. de R.L. de C.V., through me as owner and legal representative, has tried through every means to obtain compensation for damages suffered to its facilities and inventory derived from the floods caused by lack of maintenance, poor waterproofing and rupture of pipes that have presented themselves in the condominium and in particular, in the now Hotel Tesoro Los Cabos.

            We turn to you as Administrator of the Condominium to ask for your collaboration in presenting and negotiating said claims before the responsible persons, as to obtain compensation for the material and economical damages suffered in our facilities, products and equipment.

            As mentioned by Sr. Javier de Uranga Cuervo, Treasurer of the Board at the Ordinary General Assembly for “Las Aralias” Vertical Condominium, held December 2, of 2006, at which you were present: “the condominium owners are displeased with various situations that have presented themselves in the condominium” and I myself am one of these.

            Indeed, at that same Assembly you noted that “Considering the age of the building, it requires an important investments in the area of pipes, electric wiring, telephone, water lines…”, up until now, we have received no notice as to the date and form that these repairs are going to take place.

In asking for your assistance, I do it using the Rules and Regulations provided by you, in which Article 2, in it’s pertinent portions indicates:

            “… The condominium owners or occupants of any common or private area of the CONDOMINIUM are obligated to conform to the terms of the charter of   incorporation and to these RULES AND REGULATIONS and will be responsible       for any damages caused to common property of the same; likewise, every   condominium owner will be responsible for damages caused to the building by     persons working in or assisting in the private unit.”

Further on in the same Rules and Regulations, in Article 9, paragraph four notes that:

            “… The condominium owners will not carry out any Act or omission that has as a consequence discomfort and inconvenience to the other occupants, nor anything        that affects the stability, security, public health, solidity, decor, comfort, prestige          and good appearance of “THE CONDOMINIUM”…”

In the same manner, in article 10, fraction o clearly indicates that:

            “o.  Every Condominium Owners is directly responsible for incidents and   omissions that cause damages to third parties or to common property. Said      responsibility of the Condominium Owner is extended to the incidents, acts and           omissions of their employees, contractors, subcontractors, family members,             household employees, visitors, renters or lessees.”

Unfortunately, the lack of preventative maintenance and timely attention to the emergency calls I have made to the maintenance, security and administration areas, amongst others, at the time of the floods in my store has caused damages to my property in considerable amounts, which are detailed below:

  • Flooding to our facilities on July 2, 2004, reported to security and maintenance areas of the Condominium, as of this date there has been no response nor payment for damages or loss of inventory, amounting to $48,428.25 USD (Forty eight thousand four hundred twenty eight dollars and 25/100)

  • Flooding to our facilities on June 9, 2005, reported to security and maintenance areas of the Condominium, as of this date there has been no response nor payment for damages or loss of inventory, amounting to $17,973.18 (Seventeen thousand nine hundred and seventy three dollars and 18/100)

  • Flooding to our facilities on July 18, 2005, reported to security and maintenance areas of the Condominium, as of this date there has been no response nor payment for damages or loss of inventory, amounting to $26,737.68 (Twenty six thousand, seven hundred and thirty seven dollars and 68/100)

  • Flooding to our facilities on March 30, 2006, reported to security and maintenance areas of the Condominium, as of this date there has been no response nor payment for damages or loss of inventory, amounting to $9,205.52 (Nine thousand two hundred and five dollars and 52/100)

 

These problems have been witnessed by yourself as well as a great number of other storefront owners, hotel employees and clients, who, if need be, will bear witness before the competent authorities.

It is because of this we beg your assistance in recovering these amounts, so to avoid the need to appear before the competent Courts to demand our rights be respected and that the responsible parties incur any more expenses in the fulfillment of their obligations. We trust that we will receive a positive answer from you as soon as possible and we put ourselves at your disposal at our store located in locales J2 and J3 of the condominium that you so professionally administrate.

Sincerely,
Cape Marine Corp. S. de R.L. de C.V.

John Phillip Goerss


June 6, 2006

On Wednesday March 30th 2006, a Tesoro Hotel water pipe ruptured in a condominium upstairs of Cape Marine Corporation locals J2 and J3. 

The broken pipe flooded Cape Marine’s office and central part of the retail area. 

This is a re-occurring problem that has happened well over 
80 (eighty) times.

We would appreciate professionalism from the Tesoro Hotel, by finally repairing the faulty pipes correctly, which would be a first.

Please try not to lose this copy of this letter, as we have resent it many times.

 

Sincerely, 
John Philip Goerss
General Manager

Email sent to Luis Garcia
Sunday, December 18, 2005

Mr. Garcia,

Robert Rains has asked us to provide you with a brief overview.

For the past nine (9) years, we have lost hundreds of thousands of Dollars worth of merchandise, valuable paperwork, ceiling tiles, telephones, and entire computer systems. 

We have called every assistant and every head of administration that this hotel has ever had.  We have sent numerous complaint letters asking the hotel to repair its’ faulty water lines, both fresh and raw sewage that run above and thru units J2 and J3. 

We have also requested that the hotel repair the roof, as it leaks badly when it rains and floods when we get Hurricanes. 

Below we have listed the most current flood dates.  Understand that every time your water pipes leak or blow up, we experience a great loss of merchandise and time.

July 2 2004
The Costa Real Hotels main waterline blew above our store and flooded the store for several hours.

July 6 2004
The Costa Real Hotels main waterline leaked in same place as from previous flooding.  It was not repaired correctly.

June 10 2005
The Costa Real Hotels sewage line split apart.  Raw sewage seeped out into the store the entire day.

June 13 2005
Same sewage line still leaking.

June 16 2005
Again, same sewage line still leaking.

July 30 2005
Same sewage line still leaking.

August 9 2005
Same sewage line still leaking.

August 17 2005
Same sewage line still leaking.

September 19 2005
Same sewage line still leaking.

September 20 2005
Same sewage line still leaking.

September 22 2005
Same sewage line still leaking.

IT STILL LEAKS AS OF THE TIME THIS WAS WRITTEN.

July 18 2005
The Costa Real Hotels main waterline blew, yet again.  Heavy waterfall for a minimum of five (5) hours.

THIS WAS THE LARGEST FLOOD IN CAPE MARINE HISTORY.

We have included just a few letters sent to your administration over the years.

Of course there is a lot more information, but it is not necessary for you to receive it at this time.

 

 

 

 

 

 

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