HomeMy WebLinkAboutContract 51637 CITY SECRETARY
CONTRACT NO.
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Q CONSENT AGREE
FOR
TEMPORARY USE OF PUBLIC PROPERTY I
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STATE OF TEXAS
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COUNTY OF TARRANT
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THIS AGREEMENT 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
Buildi Official,hereinafter referr ct to as the rCily"and i
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Acting by and through its duly authorized agent, ,
Hereinafter referred to as"Grantee".
WITNEi SSETH:
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 I
above the streets, alleys,sidewalks r other public rights-of-way as follows:
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.
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All use and occupancy of public street, alleys, sidewalks or other public rights-of-way under
this agreement shall be 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 AGREEDAENTior Temporeq use of public propertyl.daCli
SAL RECURD
:. SECRETARY
FY: WORTH,TX
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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.
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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 ri#c property. The stim ed tot amou t of said fee i
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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
amount equal to such additional cost as determined by City. /
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151 The term of this agreement shall be for '—C da s from to �,,� zo
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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
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the Building Official of the City of Fort Worth,this agreement shall terminate.
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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
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CONSENT AGREEMENTror Temporary um of public pmpertyl.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.
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 f
compliance with the terns, 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 not be corrected by Grantee within twenty-four (24)
hours of receipt of the notice, or within such shorter period of time as deemed necessary by the 1
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Building Oficial for the protection of public health or safety, City may terminate and cancel this
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agreement.
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Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at
no expense to City, restore the public rights-of-way and adjacent supporting structures to a
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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
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further covenants and agrees that for a period of one (1)year after the termination of this Consent
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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
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
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 he 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.
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CCNSFNT AGREEMENTfor Temporary gum of public propertyi.doc
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Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed
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by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's continued
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encroachment upon the public rights-of-way following termination of this Consent Agreement. j
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It is further understood and agreed between the parties hereto that City holds the city streets, I
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 s
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
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of the streets,then this agreement shall be automatically canceled and terminated.
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Grantee agrees to comply frilly with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction, operation and maintenance
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of said encroachments and uses.
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Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this I
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agreement or by any federal,state or local statue, law or regulation.
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13.
Grantee covenants and agrees that it shall exercise all rights and privileges granted hereunder
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
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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 ACRE EMENTfor Temporary use of public property9.doc
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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 AND/OR PERSONAL INJURY,
CNCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
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CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE,
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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 ASSUidIES ALL LIABILITY AND RESPONSIBILITY OF CI'T'Y,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR
SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND '
RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR i
DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH
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ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS, f
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES, !i
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
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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 S 100,000.00
Bodily injury, per person $250,000.00
Bodily injury or death,per occurrence $500,000.00
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
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5 CONSENT AGREEMENTfor Tempora/use of public propert/f dor.
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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. Al[ insurance
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coverage required herein shall include coverage of all Grantee's contractors. f
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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.
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This agreement shall be binding upon the parties hereto,their successors and assigns.
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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
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hereunder, venue for said action shall be in Tarrant County,Texas.
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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.
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EXECUTED this day of 20V.
GRANTOR: GRANTEE:
CITY OF FORT WORTH MAn-,,J T LEi{Mif iJ
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Building Officiall (,�
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OFFICIAL RECORD '
CONSENT AGREEMENTforTemocreryuse � 'RETARY
FT. WORTH,TX
APPROVED AS TO FORM AND LEGALITY:
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Assistant City Attorney Date
FO..
Mary J. KaW, C4 Secretary Date
TEXAS
7 [OFFICIAL RECOPY®
TY SECRETARY
CONSENT AGREEMENT for Temporary Use o �rpj tykt y TX
STATE OF TEXAS
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COUNTY OF TARRANT
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BEFORE ME, the undersigned authority,a Xotar Public in and
For the State of Texas, on this clay personally appeared
Le n-In ,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 or th ur oses rind consideration therein
expressed, as the act and deed of / E'n- ,
crud in the capacity therein stated.
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GIVEN UNDER/YfY HAND AND SEAL OF OFFICE this day
Of'5 bar , 2016-.
�+;,�"►¢, TRACEY A HART f
3+° a Notary Public,State of Texas
My Commission Expires
November 22, 2019 i
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Title
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lYotrtate
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Thef Texas
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
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STATE OF TEXAS
COUNTY OF TARRANT
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BEFORE ME, the undersigned authority, a Notary Public in and
tIState of T r , on this day personally appeared
,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 p tr oses rind consideration therein
expressed, as the act and deed of —�a,A,[.rc� ,
and in the capacity therein stated.
G ,N UNDER MYHAND D SEAL OF OFFICE this �day
Of 20�� �
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Aff ant
�tct Id rn q 0,4q, c,t
Title ;
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Notary lic in and for
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The State of Texas
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R. NAREZ otary Pubtio-State of Texas
Notary ID#12398238-8
Commission Exp.S'PT.13,2021
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OFFICIAL RECORD '
CITY SECRETARY
FT. WORTH,TX
Contractors Name:
Point of Contact:
Phone Number:
Building Permit Number:
Purpose for Closure:
° Begin Date: End Date:
Type of Taper according to posted speed limit:
Tapers @ 30 MPH,1 Oft Offset, 150`minimum
Tapers @ 35 MPH,loft Offset,ao5'minimum
Tapers @ 40 MPH,1Oft Offset, 65'minimum
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A��® CERTIFICATE OF LIABILITY INSURANCE DATE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. 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).
PRODUCER JudyME Branch
Tucker Agency, Ltd. PNONE (817)336-8520 FAX No).(817)336-6501
P O Box 2285 E-MAIL •judy@tuckeragency.com
INSURERS AFFORDING COVERAGE NAIC 0
Ft. Worth TX 76113 INSURERAAmerisure Insurance Company
INSURED INSURER B:Amerisure Partners Ins Co
Thos S Byrne Inc. INSURERc:Travelers Property Casualty Co
DBA Byrne Construction Services INSURER D:
P 0 Box 470546 INSURER E:
Ft Worth TX 76147 INSURER F:
COVERAGES CERTIFICATE NUMBER-17/18 All Lines REVISION NUMBER:
THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCEADD on POLICY EFF POLICY EXP LIMBS
LTR POLICY NUMBER D MMIDD
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RFNTFly—
X COMMERCIAL GENERAL LIABILITY PREMISES Its occurrenrel $ 100,000
A CLAIMS-MADE rX OCCUR Y Y P 2048720 11 0/1/2017 0/1/2018 MED EXP A one person) $ 10,000
X XCU Included PERSONAL&ADV INJURY $ 1,000,000
X Contractual Liability GENERAL AGGREGATE $ 2.000,000
GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
POLICY x PRO,.i 7 LOC $
AUTOMOBILE LIABILITY CEOM 11 SW L LIMIT 11 S 11000,000
A X ANY AUTO BODILY INJURY(Per person) $
ALL OWNEDSCHEDULED Y Y 2048723 10 0/1/2017 0/1/2018 BODILY INJURY(Per accidenl) $
AUTOS AUTOS
X HIRED AUTOS X NON-O ED PPROPERTY er DAMAGE $
AUTPIP-Basic S 2,500
X UMBRELLA UAB X OCCUR Y Y EACH OCCURRENCE $ 25,000,000
C EXCESS UAB CLAIMS-MADE AGGREGATE $ 25,000,000
DED I X I RETENTION 10,Doc EUP-2lN55695-17-NF 0/1/2017 0/1/2018 $
B WORKERS COMPENSATIONWC STA rU-TF. OTH-
AND EMPLOYERS'Ll"ILITY
ANY PROPRIETOR/PARTNERIEXECUTIVE Y/N E.L.EACH ACCIDENT $ 11000,000
OFFICER/AAEMBER EXCLUDED9 N N/A
(Mandatory in NH) C 2048722 10 0/1/2017 0/1/2018 E.L.DISEASE-EA EMPLOYE $ 11000,000
11 ESCn es,describe undeOPERATIONS below r
RIPTION uY E.L.DISEASE-POLICY LIMIT $ 11000,000
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DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It mon apace In required)
Project: Sinclair Hotel
Additional insured in favor of The City of Fort Worth, its officers and employees applies to all policies
except workers compensation if required by written contract. Coverage is primary and non-contributory if
required by written contract. General liability additional insured includes ongoing and completed
operations if required by written contract. Waiver of subrogation in favor of additional insured applies
to all policies if required by written contract. All policies include blanket 30 day notice of
cancellation if required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS.
200 Texas St
Fort Worth, TX 76102 AUTHORED REPRESENTATIVE
Tracy Tucker/JUDY
ACORD 25(2010/05) ®1988-2010 ACORD CORPORATION. All rights reserved.
INS025 mi mm.o1 The ACORD name and Joao are realstered marks of ACORD