16-0201_GREENFIELD COMMUNICATIONS_Termination of Agreement32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAX
www.sanjuancapistrano.org
February 1, 2016
Michael Powers, CEO/President
Greenfield Communications
34112 Violet Lantern, Suite C
Dana Point, CA 92629
MEMBERS OF THE CITY COUNCIL
Re: Termination of Telecommunications Encroachment Agreement
Dear Mr. Powers:
SAMALLEVATO
KERRY K. FERGUSON
PAM PATTERSON. ESQ.
JOHN M. PERRY
DEREK REEVE
We are sending you'this letter in reference to that certain "Telecommunications
Encroachment Agreement" entered into between Greenfield Communications and the
City of San Juan Capistrano on September 21, 2004. That Agreement granted
Greenfield a 15 -year local franchise to install a fiber optic telecommunications system
and related equipment within the City's public right-of-way.
At the request of the City Attorney's Office, you recently provided the City a copy
of Greenfield's Certificate of Public Convenience and Necessity ("CPCN") issued by the
California Public Utilities, Commission. Under State law, the CPCN grants Greenfield a
franchise to install and operate limited "fiber to home" equipment in connection with
Voice over Internet Protocol (VoIP) and Internet access services. This is the same
scope of services as in the Agreement. Because the CPCN governs Greenfield's
franchise operations in the public right of way, the City has deemed the Agreement
terminated and is requesting your acknowledgement of the same.
We note that while the Agreement has terminated, should Greenfield need to
perform future physical installation, maintenance or repair work within the public right-of-
way, Greenfield will still be required to obtain an encroachment permit from the City,
subject to the City's reasonable time place and manner conditions (e.g., bonding,
insurance, etc.)
San Juan Capistrano: Preserving the Past to Enhance the Future
10 Pdn[ed on 100% recycled paper
Please sign below to acknowledge that the Agreement is terminated and we will include it
in the City's file regarding this matter. Thank you for your cooperation.
Sincerely,
, W, -
Keith Till, Interim City Manager
City of San Juan Capistrano
SIGNED AND ACKNOWLEDGED:
A.
Michael Powers, CEO/President
Greenfield Communications