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D. No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of
<br /> example and not limitation,this Franchise shall not include or be a substitute for:
<br /> (1) Any other permit or authorization required for the privilege of transacting and carrying on a
<br /> business within the City that may be required by the ordinances and laws of the City;
<br /> (2) Any permit, agreement, or authorization required by the City for Right-of-Way users in
<br /> connection with operations on or in Rights-of-Way or public property including, by way of
<br /> example and not limitation, street cut permits (such permit, agreement, or authorization
<br /> shall not be considered a use permit as defined by EMC 13.84.010.I); or
<br /> (3) Any permits or agreements for occupying any other property of the City or private entities to
<br /> which access is not specifically granted by this Franchise including, without limitation,
<br /> permits and agreements for placing devices on poles, in conduits or in or on other
<br /> structures.
<br /> E. This Franchise is intended to convey limited rights and interests only as to those Rights-of-Way
<br /> in which the City has an actual interest. It is not a warranty of title or interest in any Right-of-Way;
<br /> it does not provide the Grantee with any interest in any particular location within the Right-of-Way;
<br /> and it does not confer rights other than as expressly provided in the grant hereof.
<br /> F. This Franchise does not authorize Grantee to provide Cable or Open Video System services.
<br /> This Franchise is not a bar to imposition of any lawful conditions on Grantee with respect to Cable
<br /> or Open Video System services, whether similar, different or the same as the conditions specified
<br /> herein. This Franchise does not relieve Grantee of any obligation it may have to obtain from the
<br /> City separate authorization to provide Cable or Open Video System services, or relieve Grantee of
<br /> its obligation to comply with any such authorizations that may be lawfully required.
<br /> G. Grantee may not, in a manner that relinquishes Grantee's day-to-day control over the
<br /> maintenance and operation of the Facilities, lease, rent, transfer, convey, or sell Facilities in
<br /> whole or in part unless the Person to whom the Facilities will be transferred has first been
<br /> granted a franchise by the City.
<br /> 3.2. Use of Rights-of-Way
<br /> A. Subject to the City's supervision and control, Grantee may erect, install, construct, repair,
<br /> replace, reconstruct, operate, maintain, upgrade, remove, excavate, dig, restore, and retain in, on,
<br /> over, under,upon, across, above, below,through, and along the Rights-of-Way within the Franchise
<br /> Area Facilities for the operation of Telecommunication Services within the City. Prior to applying
<br /> for any necessary permits or approvals, Grantee shall submit Facility designs and the proposed
<br /> locations for those designs to the Public Works Director or designee for review in a pre-application
<br /> meeting. The designs and locations for the Facilities must be approved by the Public Works
<br /> Director or designee in coordination with the Planning Director or designee, which approval shall
<br /> be at his reasonable discretion after considering current laws, regulations, and City policies,
<br /> including without limitation, applicable planning director interpretations for the implementation of
<br /> Small Cells and the City's Design and Construction Standards and Specifications for Development
<br /> New Cingular Wireless PCS,LLC
<br /> Small Cell Franchise 8 of 33
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