Enclaves-CS 961001 To: Peter O. Smith, City Attorney
From: Michael A. Martin, E.I.T., Asst. City Engineer
RE: Failing Retalnin / '
Date: October 1, 1996
It has come to the City's attention that the retaining wall built along the east side of the channel
adjacent to the Enclaves on the Parkway has failed. You will recall, this was the unimproved
drainage channel on the en._st and south side of the Enclaves on the Parkway that had been turned
over to the RTC. As part of the development of the Enclaves on the Parkway, the developer
agreed to cleanup and install a retaining wall along the channel if the City would agree to
maintain the east side of the channel after the improvements were in place.
On April 5, 1995, the Mayor signed a Development and Maintenance Agreement for the
Enclaves on the Parkway. This agreement was between the City of Coppell, WPC-Parkway
Development Corporation, Parkway/Coppell Property Corporation and Homeowners Association
of the Enclaves on the Parkway Inc. Page 5 of 16, Section (6), last paragraph of the agreement
states that "upon the completion of Area A Improvements and Area B Improvements, the City
shall be responsible for the maintenance of Area B and the Area B improvements". Area B is
the area on the east and south side of the channel (see attached sheet).
A question has arisen concerning the requirement of a maintenance bond for the retaining wall.
As per the City of Coppell Subdivision Ordinance//94643, Section XIV A (page 35) it states
"after completion of all items in the plans and specifications, the Developer's contractor shall
submit to the City a maintenance bond in the amount of 50% of the contract amount
guaranteeing workmanship and material of all public improvements for a period of 2 years from
the date of f'mal acceptance by the City". In this case, the City did not receive a maintenance
bond for the retaining wall, which I believe is a public improvement.
Referring back to the Development and Maintenance Agreement for the areas mentioned in the
agreement Section II on page 7 of 16 addresses "Compliance with Laws". In that section it
states that "the parties shah each perform their specific obligations ... in accordance with aH
applicable laws, statues, ordinances, regulations, orders and restrictions."
Does this statement in the Agreement mean that they should have provided a maintenance bond
or does the agreement exempt them from this requirement? Your assistance in this matter will
be appreciated. If you have any questions please contact me at (972) 304-3681.