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<br /> 3•G• JAR.SMITH,CLERONKLI\ST PA
<br /> 01 0 -eo
<br /> INTERIM MEDIATION AGREEMENT
<br /> THIS AGREEMENT is made this 6 day of January, 2015 by and between the
<br /> Town of Indian River Shores (the"Town"), Indian River County(the"County"), and the City of
<br /> Vero Beach(the"City", and collectively,the"Parties").
<br /> WHEREAS,the respective representatives of the Town,the County, and the City
<br /> participated on December 17,2014 in a mediation session(the"Mediation")pursuant to the
<br /> Florida Governmental Conflict Resolution Act, Chapter 164,Florida Statutes; and,
<br /> WHEREAS,the respective Mediation representatives for the Town,the County, and the
<br /> City agreed to recommend to their respective governing bodies to approve certain terms
<br /> discussed at the Mediation which would involve an agreement by the Town to continue to abate
<br /> the lawsuit brought by the Town against the City, Circuit Court Case No. 312014 CA 000748, in
<br /> the Nineteenth Judicial Circuit in and for Indian River County(the"Lawsuit"), so that the Parties
<br /> can further evaluate and explore options to resolve the conflicts between them.
<br /> NOW, THEREFORE,the Parties, in consideration of the mutual benefits contained
<br /> herein, agree as follows:
<br /> 1. The Town will continue to abate the Town's lawsuit until Monday, March 2,
<br /> 2015.
<br /> 2. Without waiving its position that neither the Town nor the County may take any
<br /> action, either before or after the expiration of their respective franchise agreements with the City,
<br /> that would terminate or in any way impair the City's right, obligation, or ability to operate its
<br /> electric utility system and/or provide retail electric service in its service territory approved by
<br /> orders of the Florida Public Service Commission,the City will not object to either the Town or
<br /> the County conducting, as contingency planning for the possibility that they might prevail in the
<br /> Lawsuit or related litigation, evaluations of alternatives for the Town or the County to provide
<br /> for, or to arrange for the provision of,electric service to their respective citizens upon expiration
<br /> of their respective electric utility franchise agreements with the City. In this regard, the City will
<br /> not object to the Town or the County issuing requests for proposals to, or otherwise
<br /> communicating with,other potential electric utility providers,including but not limited to Florida
<br /> Power&Light Company("FPL"), with respect to any such alternatives.
<br /> 3. On or before January 8, 2015,the City,Town and County will enter a separate
<br /> agreement with FPL,if FPL consents, acknowledging that the Town's and the County's
<br /> discussions with such potential providers would not be treated as a breach of, or interference
<br /> with,the existing contract that the City has with FPL to sell the City's electric utility to FPL or
<br /> any other agreement between the City and FPL.
<br /> 4. The City will continue to diligently explore options to lower electric rates, which
<br /> activities and options include, but are not limited to,the following:
<br /> a. Working with FPL,the Orlando Utilities Commission("OUC"),the Florida
<br /> Municipal Power Agency("FMPA"), bond trustees and others to effectuate the
<br /> sale of the City's electric utility system to FPL. In this regard,the City will ask
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