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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