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Enclaves-CS 961010~ The City With A Beautiful F 214-462-0022 ~ October 10, 1996 David R. Blom, President WPC-Parkway Development Corporation 9330 LBJ Freeway, Suite 745, LB 68 Dallas, TX 75243 RE: Failing Retaining Wall / Enclaves on the Parkway Dear Mr. Blom: 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. As part of the development of the Enclaves on the Parkway, it was agreed that the developer would 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), 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). Upon the completion of the retaining wall on the east and south side of the channel, a maintenance bond was not received. 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 rmal 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 shall each perform their specific obligations ... in accordance with all applicable laws, statues, ordinances, regulations, orders and restrictions." I consulted our City Attorney, Peter Smith, concering this issue. Mr. Smith advised that a maintenance bond is required for the retaining wall and that the developer is responsible for repairs of any failures to the wall. The City requests that a maintenance bond be provided for the wall and that the developer correct the existing failure. If you should have any questions please contact me at (972)304-3679. Sincerely, Michael A. Martin, E.I.T Assistant City Engineer x 459. ? ",155.2 457. ~ AREA ,! '-CITY OF COPPELL " AREAS "A" & "B"