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RESOLUTION 60-21 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING A MASTER ACCESS AGREEMENT WITH LOS ALTOS HILLS COMMUNITY FIBER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Town of Los Altos Hills ("Town") manages the public streets, roads and right of way within Los Altos Hills and has the authority to permit access to and regulate the terms and conditions for the use of said public right of way, including any construction, installation and maintenance of fiber optic network facilities therein; and WHEREAS, Los Altos Hills Community Fiber ("LAHCF") is a community-based private nonprofit group that desires to construct, install and maintain certain fiber optic network facilities within the public right of way within the Town in order to deploy broadband internet services to and for the benefit of LAHCF's members; and WHEREAS, LAHCF is not a public utility or a telecommunication services provider operating under state or federal law and does not provide any voice communication products, nor is it eligible to obtain a Certificate of Public Convenience and Necessity (CPCN) or other local service provider or interexchange carrier license or certificate from the California Public Utilities Commission; and WHEREAS, in order to encourage expansion of broadband internet services within Los Altos Hills and to promote public right of way management in the interest of public health, safety, and welfare, the Town desires to permit LAHCF to deploy fiber optic network facilities in the right of way subject to certain terms and conditions regarding such deployment; and WHEREAS, the Town and LAHCF have negotiated a Master Access Agreement ("Agreement"), attached hereto as Exhibit A, governing the terms and conditions regarding the deployment of fiber optic network facilities in the right of way; and WHEREAS, among other terms, the Agreement has an initial term of ten (10) years from the effective date, with automatic renewals of consecutive five (5) year periods unless elected not to be renewed by either party with a six (6) month prior written notice prior to the expiration of the then -current term; and WHEREAS, the City Council considered the proposed Agreement during a duly noticed public meeting and received public comments thereto. NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Los Altos Hills hereby approves a Master Access Agreement with LAHCF attached hereto and incorporated herein as Exhibit A, for an initial term of ten (10) years from its effective date with automatic renewals of consecutive five (5) year periods unless elected not to be renewed by either party as provided for in the Agreement. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Master Access Agreement on behalf of the Town in substantially the same form as Exhibit A, and is authorized to make any revisions, amendments or modifications deemed necessary to carry out the intent of Resolution 60-21 Page 1