CM-2023-159 - 7/21/2023AGREEMENT FOR FENCING ADJACENT TO THE
FIRE STATION NO. 1 PROJECT
The following AGREEMENT entered into by and among the CITY OF ROUND ROCK,
TEXAS ("City"), and RUIWU WEN AND YAN JIANG, EDWARD M. ZAPATA AND LOTTI
BETH WILCOX, REBECCA LYNN DIAZ, KRISTINE K. LANDATO, and EX3 HOLDINGS
LLC (collectively "Owners") and outlines and sets forth the responsibilities and obligations of City
and Owners regarding removal and construction of Owners' existing fencing and maintenance of
the new fencing located on Owners' properties.
WHEREAS, Owners respectfully own property located at: 1638 Sundance Drive (Ruiwu
Wen and Yan Jiang); 1636 Sundance Drive (Edward M. Zapata and Lotti Beth Wilcox); 1634
Sundance Drive (Rebecca Lynn Diaz); 1632 Sundance Drive (Kristine K. Landato); and 1630
Sundance Drive (EX3 Holdings LLC) in Round Rock, Texas (collectively the "Properties"); and
WHEREAS, City is currently constructing Fire Station No. I at 1730 Old Settlers
Boulevard in Round Rock Texas, adjacent to the Properties as shown in Exhibit "A," attached
hereto and incorporated herein by reference for all purposes; and
WHEREAS, Owners currently have fencing located on their Properties across the property
line adjacent to the Fire Station No. I site; and
WHEREAS, City desires to remove Owners' existing fencing adjacent to Fire Station No.
I and replace the fencing with a new eight (8) foot tall privacy fencing as shown and described in
Exhibit "B," attached hereto and incorporated herein by reference for all purposes; and
WHEREAS, Owners consent to City replacing the existing fencing on their Properties that
is adjacent to Fire Station No. I as set forth herein; and
WHEREAS, the parties desire to enter into this Agreement to set forth Owners' and City's
responsibilities for the removal, construction, and maintenance of the fencing; and
WHEREAS, parties agree that the above statements are not mere recitals, but are
contractual in nature;
City and Owners acknowledge and agree to the following terms and conditions:
ART. 1
REMOVAL AND CONSTRUCTION OF FENCING
1.1 Cite shall remove the existing fencing on the Properties that is adjacent to Fire Station No.
I and replace it with an eight (8) foot privacy fence as shovm in Exhibit "13" at the sole
cost of City.
1.2 City shall be responsible for the disposal of the existing fencing or shall allow Owners to
keep the existing fencing at Owners' request.
M-24023 is9
1.3 City shall construct or be responsible for the construction of the new eight (8) foot privacy
fence at the sole cost of the City.
ART. 2
MAINTENANCE OF FENCING
2.1 City shall be responsible at its sole cost for the maintenance of the fencing subject to this
Agreement.
2.2 City agrees it will not remove the new fencing without prior notification to the Owners and
that any removed fencing will be immediately replaced at the sole cost of City.
ART. 3
RIGHT TO ACCESS
3.1. Owners shall allow City to access their Properties to remove the existing fencing, construct
the new fencing, and maintain the new fencing.
ART. 4
INDEMNIFICATION
4.1 Owner shall indemnify, defend, keep and hold harmless, City, its agents, officials, and
employees against all suits or claims of any kind whatsoever arising out for or by reason
of any negligent or willful act of Owner related to the new fencing.
4.2 City shall indemnify, defend, keep and hold harmless to the fullest extent possible Owners
against all suits or claims of any kind whatsoever arising out for or by reason of any
negligent or willful act of City related to the removal of the existing fencing or construction
of the new fencing.
ART. 5.
GENERAL TERMS AND CONDITIONS
5.1 Entire Agreement. The entire agreement between City and Owners is set forth within this
instrument. Any modifications or amendments to this Agreement must be in writing and
approved by City and Owners. The parties expressly agree that no oral agreements,
statements, discussions or communications shall be effective in amending any provision
set forth within this Agreement.
5.2 Venue. Venue for any legal action to construe or enforce the terms of' this Agreement
shall lie exclusively in Williamson County, Texas.
5.3 Waiver. The waiver by City of any breach of any provision of this Agreement shall not
constitute a continuing waiver or a waiver of any subsequent breach of the same or a difTerent
provision of this Agreement.
2
5.4. No Representations. Owner has not relied upon any representation by City, or by any
agent, employee, representative, official, elected representative, or attorney of City in
entering into this Agreement.
5.5. Time is of the Essence. As for any notice periods and time periods during which Owner
must cure any identified defaults of this Agreement, time is expressly declared to be of the
essence in this Agreement.
5.6. Binding on Heirs and Assigns. All provisions of this Agreement shall extend to and bind,
or inure to the benefit not only of the parties to this lease but to each and every one of the
heirs, executors, representatives, successors, and assigns of each party to this Agreement.
5.7. Rights and Remedies Cumulative. The rights and remedies set forth within this Agreement
are cumulative and the use of any one right or remedy by either party shall not preclude or
waive its right to use any or all other remedies. Said rights and remedies are given in addition
to any other rights the parties may have by law, statute, ordinance, or otherwise.
5.8 Legal Construction. In case anyone or more of the provisions contained in this agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision hereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein.
(Signatures on Following Pages)
CITY:
CITY OF ROUND OCK, TEXAS
By:
Laurie Hadley, City Manager
Date Signed:6�& = "/, goa',-2
DocuSign Envebpe ID*1723EC61E-83A24DF2-A60D-C229E36DEBA4
OWNER:
R-4w.. Wa.
RU1WU WEN
Date Signed: 6/29/2023
1. 5.;j ---
YAN JIANG
6/29/2023
Date Signed:
OWNER:
W RD WI. ZAPATA
Datc Signed: 7X0�
. I ETI-F ILCOX
Date Signed: 0-11 o , ��-�
OWNER:
L 7Q
REBECCA L.Y,
Date Signed-.
KRISTINE K. LANDATO
Date Signed: 7/10/2023
A
OWNER:
EX3 HOLDINGS LLC
By:
Tid
Date Signed:
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Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement for Fencing Adjacent to the Fire Station No. 1
Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 7/21/2023
Dept Director: Chad McDowell, Generar Services Director
Cost:
Indexes:
Attachments: Executed Fencing Agreement - Fire Station No 1
Department: General Services
Text of Legislative File CM-2023-159
This agreement is with the residential neighbors on the West side of the Fire Station No. 1 property at
1703 E. Old Settlers Blvd. Conflicts with utility easements resulted in an agreement with five residents to
remove their existing fence and install a code required fence for commercial development.
City of Round Rock Page 1 of 1