(A) Any right-of-way agreement executed under this chapter shall be for the nonexclusive use of the public rights-of-way. By executing a right-of-way agreement, the city does not agree to restrict the number of right-of-way agreements to be executed that cover all or any part of the city for any person in the same business, a competing business or a related business as the licensee.
(B) A right-of-way agreement only authorizes licensee to use the public rights-of-way, and the use of any other public property, whether located within or outside a public right-of-way, is strictly prohibited unless authorized by a separate agreement with the city.
(C) No reference herein, nor in any right-of-way agreement, shall be deemed to be a representation or guarantee by the city that its interest or other right to control the use of the property that is the subject of a right-of-way agreement is sufficient to permit its use for the purposes specified in the agreement. Any right-of-way agreement executed under this chapter shall be deemed to grant no more than the rights which the city may have the authority to grant.
(D) Any privilege claimed by licensee in any public right-of-way shall be subordinate to any prior lawful occupancy of the public right-of-way.
(E) Licensee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any right-of-way agreement executed under this chapter or because of its enforcement.
(`78 Code, § 12.32.150.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)