HomeMy WebLinkAboutContract 34382 CITY SECRETARY
CONTRACT NO.
CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
THIS AGRF.,EMF,NT is made and entered into by and between the City of Fort Worth, a
municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized
Building Official,hereinafter referred to as the"City"and Fba-F wo2TH 1.4 PA+2Tt4E12<
Acting by and through its duly authorized agent, P2tTeSH eATEL...
Hereinafter referred to as"Grantee".
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WITNESSETH:
For and in consideration of the payment by Grantee of charges set out below and the true and
faithful performance of the mutual covenants herein contained, City hereby grants to Grantee
permission to temporarily encroach upon, uses and occupy portion of the space under, on and/or
above the streets,alleys,sidewalks or other public rights-of-way as follows:
540b` -A-tc oFF t;oMME�C ST- C9� �• �`�' !�/ ► Y - ��
The location and description of said encroachment is more particularly described in Exhibit `B"
attached hereto, incorporated herein and made a part hereof for all purposes.
2.
All use and occupancy of public street, alleys, sidewalks or other public rights-of-way under
this agreement shall he in strict compliance with the Charter, Ordinances and Codes of the City
and in accordance with the directions of the Building Official and the Director of Transportation
and Public Works of City.
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CONSENT ACREEPAENTfor Temporary usa of pubkprop"l d
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3.
Upon expiration of this agreement and the privileges granted hereunder, there shall be no
encroachment by Grantee in,under,on or above the surface of the public rights-of-way involved.
4.
Grantee agrees to pay in advance an encroachment fee for the temporary privilege of
encroaching upon a portion of the public rights-of-way as described in Exhibit"B". Said fee is
calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth
for temporary use or occupancy of public property. The estimated total amount of said fee is:
a.000 Commerce 1000 :k on (5;"• Pez,00 r-"ZOM oc.i 30.4. JAN 31
3000 42 K r 01 S )K
s.
Grantee, at no expense to City, shall make proper provision for the relocation and/or
installation of any existing or future traffic control devises or other improvements affected by
such encroachment, use and occupancy, including the securing of approval and consent from the
appropriate agencies of the State and its political subdivisions. In the event that any installation,
reinstallation, relocation or repair of any existing or future traffic control device or improvement
owned or constructed by or on behalf of the public or at public expense is made more costly by
virtue of the existence of such encroachment and use, Grantee shall pay to City and additional j
amount equal to such additional cost as determined by City.
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6.
The term of this agreement shall be for 914_days,from OCT 3D _to flr�-s 11 Z,-Vl
Provided, however, should the need for the encroachments granted hereunder at any time cease,
Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by
the Building Official of the City of Fort Worth,this agreement shall terminate.
7.
it is expressly understood and agreed that this Consent Agreement is for a temporary
encroachment in, under, over and upon the public property as located and described in Exhibit
2
CCNSF.NT AGRFFMFNTfor Temporary use of pudic prop doc
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"B". This agreement shall not be construed as the granting of a permanent easement,
encroachment or license upon City's public streets,alleys, sidewalks,or other rights-of-way.
8.
City, through its duly authorized representatives, shall have the full and unrestricted right to
enter upon all public rights-of-way for the purpose of making inspections to determine
compliance with the terms, covenants and conditions herein. In the event that any inspection
should reveal a breach of any terms, covenants or conditions herein, City shall give Grantee
notice of such breach. Should such breach riot be corrected by Grantee within twenty-four (24)
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hours of receipt of the notice, or within such shorter period of time as deemed necessary by the
Building Official for the protection of public health or safety, City may terminate and cancel this
agreement.
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9.
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Upon expiration or termination of this agreement for any reason whatsoever,Grantee shall, at
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no expense to City, restore the public rights-of-way and adjacent supporting structures to a
condition acceptable to the Director of Transportation and Public Works or his duly authorized
representative and in accordance with then existing City specifications, and Grantee shall remove
all barricades, equipment, supplies, materials or other property from said location. Grantee
Further covenants and agrees that for a period of one(1)year after the termination of this Consent
Agreement, Grantee will repair all conditions or damages to the streets and sidewalks or other
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rights-of-way that have resulted from Grantee's use or occupancy of the streets and sidewalks or
other rights-of-way, as determined by the Director of Transportation and Public Works or his j
designee. Grantee agrees to begin such repairs within thirty (30) days of receipt of notice from
the Director of Transportation and Public Works or his designee. All repairs shall be performed I
in an expeditious and workmanlike manner and shall comply with all applicable laws, codes,
ordinances and City specifications.
In the event that Grantee fails to comply with the covenants herein contained with respect to
such removal or restoration, the City shall have the right to remove or dispose of any barricades,
equipment,supplies, materials or other property and repair any conditions which in the opinion of
the City are necessary to bring the public rights-of-way to the condition prescribed herein, and
City shall not be responsible for trespass or any other damage or liability in connection with such
removal or restoration. Grantee shall reimburse City for the cost and expense of such removal
and/or repairs immediately following billing for same by City.
3
CONSENT AGREEMENTfor Tempomn/ti of public propedyl doc
Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed
by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's continued
encroachment upon the public rights-of-way following termination of this Consent Agreement.
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10.
It is further understood and agreed between the parties hereto that City holds the city streets,
alleys, sidewalks and other public rights-of-way, including the portions of such streets used and
encroached upon as described herein, as trustee for the public; that City exercises such powers
over the streets as have been delegated to it by the Constitution of the State of Texas or by the
Legislature; and the City cannot contract away its duty and its legislative power to control the
streets for the use and benefit of the public. It is accordingly agreed that if the governing body of
City, to wit, its City Council, shall at any time during the term hereof determine in its sole
discretion to use or cause or permit to be used for any public purpose the said encroached portion
of the streets, then this agreement shall be automatically canceled and terminated.
11.
Grantee agrees to comply fully with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction, operation and maintenance
of said encroachments and uses.
12.
Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this
agreement or by any federal,state or local statue, law or regulation.
13.
Grantee covenants and agrees that it shall exercise all rights and privileges granted hereunder i
as an independent contractor, and not as an officer, agent, servant or employee of City; that
Grantee shall have exclusive control of and the exclusive right to control the details of its
operations and activities on said described public property and all persons performing same, and
shall be solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall
not apply as between City and Grantee, its officers, agents,servants, employees, contractors and
subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Grantee.
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CONSENT AGREEMENTfcr Temporary use of pudic property dolt
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14.
GRANTEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY
INDEMIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY DAMAGE OR LOSS ACID/OR PERSONAL INJURY,
CNCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND
USES GRANTED HEREUNDER,WHETHER OR NOT CAUSE, IN WHOLE OR PART,
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR
SUITS. GRAN-TEE SHALL LIKEWISE ASSUME ALL LIABILITY AND
RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR
DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH
ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENNEES,
INVITEES OR TRESPASSERS.
15.
Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate
holder, as proof that it has secured and paid for a policy of public liability insurance covering all
public risks related to the proposed use and. occupancy of public property as located and
described in Exhibit"B". The amounts of such insurance shall be not less that the following:
Property damage,per occurrence $100,000,00
Bodily injury, per person $250,000.00
Bodily injury or death,per occurrence S500,000.00
With the understanding of and agreement by Grantee that such insurance amounts shall be revised
upward at City's option and that Grantee shall so revise such amount immediately following
notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be
canceled or amended without at least thirty(30)days' prior written notice to the Building Official
5
CONSENT AGREEMENTfor Temporarl use of public prope tytdnr.
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of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit"A".
Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary
date of the execution of this agreement.
Grantee, agrees, binds and obligates itself, it successors and assigns, to maintain and keep in
force such public liability insurance at all times during the term of this agreement and until the
removal of all encroachments and the cleaning and restoration of the city streets. All insurance
coverage required herein shall include coverage of all Grantee's contractors.
16.
Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties
under this contract without prior written approval of City, and any attempted assignment without
such prior written approval shall be void.
17.
This agreement shall be binding upon the parties hereto,their successors and assigns.
18.
Should any action, whether real or asserted, at law or in equity, arise out of the terms and
conditions of this agreement or out of the use and occupancy of City property as permitted
hereunder,venue for said action shall be in Tarrant County,Texas.
19.
In any action brought by City for the enforcement of the obligations of Grantee,City shall be
entitled to recover interest and reasonable attorneys' fees.
EXECUTED this 7--7 day of 2006.
GRANTOR: GRANTEE:
CITY OF FORT WORTH FOeT- 1 orc-71 ( H
Build' g Official
O1�1P1��
Title
6
CONSENT AGREEMENTfor Temocrary use of public prop.rtyl.cloc
APPR04TO AND LFGALITY:
sts
A sistant City Attomey Date
City Secreotar Date
7
CONSENT AGREEMENTfor Temporary use of puUicjrcpsnyl.w,
0TV �LKCIPMXUV
I R '; )",T H;I N�G,Z.I.
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
For the State of Texas, on this day personally appeared 6olpz
,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for th,.,eppurpos s and consideration therein
expressed, as the act and deed o
and in the capacity therein stated
GIVEN UNDER MY NAND AND SEA L OF OFFICE this day
of �/y� � , 20-1Z-11 .
Affiant
Title
Notary Public in and for
The State of Texas i
,uHot%
R. G. NAREZ
?' Notary Public,State of Texas
My Commission Expires
'•`F f°� September 10,2009
II/1111,"
8
STATE OF TEX4S
COUNTY OF TARRANT
BEFORE ME,the undersigned authority,a Notary Public in and
For t to State of Texas, on this day personally appeared
PRITESF 1 PAm= ,known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that he%she executed the same for the purposes and consideration therein
expressed, as the act and deed of_ FOKT WQQT-ti H 10ijR-1tW 'DS ,
and in the capacity therein stated.
GIVEN UNDER MY SEAL OF OFFICE this a� day
[YI
Of OCT 20-ML.
Afftant
Ot,a�L
Title
14 51�
Notary Pub li in and for
Th
FULL SHAH
Notary Public,State of Texas
s 'a, My Commission 2009s
September 20,
9
v��ls� -?L���! �l
Contractors Name: EK, waa-H 4-1 f AQTNG�2S
Point of Contact: NE i AL. SHAH
Phone Number:S32 -?(;72--t 2 2
Building Permit Number:
Purpose for Closure:CONS TZL) -1 xJ
Begin Date:1�/®6 _ End Date
Type of Taper according to posted speed limit:
Tapers @ 30 NPH 10:t Offset 30ft minimum
Tapers @ 35 NPH 10ft Offset 35ft minimum
Me j t Tapers @ 40 MPH l Oft Offset 40ft minimum
of err"
to
,
�ld�e �aa K ?'=MCA �) I&V
m `i
E SuiS " 3
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TEMPORARY OCCUPANCY OF PUBLIC PROPERTY
MORE THAN 3 DAYS 3 DAY LESS
SIDEWALK FEE_ oa SQFT, X s0t5x DAYS
STREET FEE— �('CT x X DAYS
TOT L ,L .
6TH 5�
APP
REC I` AN INSPECTION AFTER A JLL
DPP 0 RIA`EF B ARRIERS OR OBSTRUC'I'I
ARE N LACE
SYNEPRO-01 JOVI
ACORD, CERTIFICATE OF LIABILITY INSURANCE 1 DATE 4/24/2006.
PRODUCER (916)2314141 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Acordia of California Insurance Services,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
�CA DOI LIC#0352275 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
11017 Cobblerock Drive,Suite 100
Rancho Cordova,CA 95670 INSURERS AFFORDING COVERAGE NAIC#
INSURED PRL Investments,Inc. INSURER A:American Zurich Insurance Company 40142
P.O.Box 94265 INSURER B:American International Specialty Lines
Lubbock,TX 79493 INSURER C
INSURER D:
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR OD'L1 POLICY EFFECTIVE POLICY EXPIRATION
POLICY NUMBER LIMITS
;'GENERAL LIABILITY EACH OCCURRENCE $ 11000,00
0.
A I X X COMMERCIAL GENERAL LIABILITY CP0378531201 5/1/2006 5/1/2007 PREMISES Ea occurence S 1,000,00
F--- CLAIMS MADE a OCCUR MED EXP(Any one person) S 10,00
PERSONAL 8 ADV INJURY S 1,000,00
GENERAL AGGREGATE $ 2,000,00
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,00
POLICY F7 PRO- X LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,00
A X ANY AUTO TAP591563101 5/1/2006 5/1/2007 (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) S
X HIRED AUTOS BODILY INJURY
XS NON-OWNED AUTOS (Peraccitlent)
PROPERTY DAMAGE S
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC S _
AUTO ONLY AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S 25,000,00
B X OCCUR F ]CLAIMS MADE 9746421 5/1/2006 5/1/2007 AGGREGATE g 25,000,00
S
DEDUCTIBLE S
X RETENTION S 10,000 $
WORKERS COMPENSATION AND WC SLIMIT O R
T RV LIMITS R
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT S
OFFICE
ANY PROPRI R/P /EXECUTIVE E.L.DISEASE-EA EMPLOYEE $
WMEMBMBER EXCLUDED?
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S
OTHER
i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Carriers financial strength is AX-V
RE: Clarion Hotel in Ft.Worth Texas 600 Commerce St.,Ft.Worth,TX. The certificate holder it's officers and employees are included as
additional insured per CG2010(10193) for this project and waiver of subrogation is included perCG2404(10/93). Subject to 10 day cancellation
Pr non-payment of premium.THIS CERTIFICATE VOIDS AND SUPERCEDES THE CERTIFICATE ISSUED 4/24/06.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Fort Worth Transportation&Public Works St. Mgmt. Dept DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
311 W. 10th St. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Fort Worth,TX 76102- IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25(2001/08) C RD CORPORATION 1988
SYNEPRO-01 JOVI
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001/08) ��tij (�Jn(��'(o}�1J
INSURED: Synergy Hotel, Inc.l PRL Investments, Inc. 5-1-0615-1-07
POLICY NUMBER:CP0378531201 COMMERCIAL GENERAL LIABILITY
INSURANCE COMPANY:American Zurich Ins. Co.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED—OWNERS, LESSEES,OR CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: City of Ft.Worth
Transportation and Public Works Street Management Dept.
Its officers&employees
311 W. 10"St.
Ft.Worth,TX 76102
As respects: Clarion Hotel 600 Commerce St., Ft Worth, TX.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.
WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization
shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed
for that insured.
ACORDIA OF CALIFORNIA INSURANCE SERVICES, INC.
CG 20 10 10 93 Copyright, Insurance services Office, Inc., 1992
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 24 04 10 93
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement effective Policy Number. CP0378531201
5-1-2006 12:01 A.M. standard time
Named Insured: Synergy Hotels, Inc. / PRL Countersigned by:
Investments, Inc.
SCHEDULE
Name of Person or Organization: City of Ft. Worth Transporation & Public Works St., Mgmt Dept., it's
officers and employees
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—COMMERCIAL
GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for injury or damage arising out of your ongoing operations or "your work" done
under a contract with that person or organization and included in the"products-completed operations hazard." This
waiver applies only to the person or organization shown in the Schedule above.
CL 675(10-93)
CG 24 04 10 93 Copyright,Insurance Services Office, Inc., 1992 Page 1 of 1
FORT WORTH
STREET ENCROACHMENT PERMIT
Permit #: PC06-00034
status: ISSUED
Date Issued: 11/29/2006
Address: 600 COMMERCE ST Expiration Date: 02/01/2007
Addition: FORT WORTH ORIGINAL TOWN Insp: 01 MAPSCO: 063W
Block/Lot: 96/13
Legal Desc:FORT WORTH ORIGINAL TOWN BLOCK 96 LOTS 9 THRU 16
APPLICANT
FORT WORTH H PARTNERS
76102-5441
OWNER
SUNDANCE HOSPITALITY CORP,
600 COMMERCE ST FORT WORTH TX 76102-5441
Contractor
TEST License #: X
License #:
Type of Encroachment: SIDEWALF CLOSURE FOR CONSTRUCTION USE
work start Date:
Permit Extention: N
No. Days Exteded: 0
Fee calculation
3 Days or Less = $0.00
Total Permit Fee. . . . . . . $0.00
Payments. . . . . . . . . . . . . . . .00
The applicant named above is hereby granted permission to obstruct a certain portion of the street
and/or sidewalk. This permit is granted on condition that the applicant will comply with all
ordinances governing same and that he will provide temporary sidewalks for the pedestrians use, if
required by Building official, and that this permit will be null and void for any violation of the
city ordinance.
APPLICANT MUST CALL FOR AND RECEIVE AN INSPECTION AFTER ALL APPROPRIATE BARRIERS ARE IN PLACE
TO SCHEDULE INSPECTIONS CALL (817)392-2222
DEPARTMENT OF DEVELOPMENT
THE CITY OF FORT WORTH * 1000 THROCKMORTON ST * Fort Worth, Texas 76102
(817)392-2222 * FAX (817)392-8116