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SETTLEMENT STRUCTURE OFFERED BY THE TOWN OF INDIAN RIVER <br /> SHORES' MEDIATION TEAM <br /> AT THE DECEMBER 17, 2014 MEDIATION <br /> The Town's mediation team is supportive of the following terms to resolve the Town's <br /> dispute with the City. If these terms are accepted by the City's mediation team, the Town's <br /> mediation team is prepared to present the agreement to the Town Council in a public meeting for <br /> the Town Council's independent approval. <br /> Settlement Terms <br /> For purposes of settlement, and in return for the Town continuing to abate its lawsuit <br /> against the City , the City would: <br /> 1. Expressly acknowledge that the Town may provide electric services to its citizens <br /> upon expiration of the Franchise Agreement either through direct provision of such <br /> electric service or by contracting on behalf of its residents with another electric utility <br /> provider in accordance with the Special Act creating the Town. <br /> 2. Honor the Town's right to conduct an evaluation, which may include but not be <br /> limited to a Request for Proposal ("RFP") process, of the most appropriate means for <br /> the Town to provide electric service to its citizens upon expiration of the Franchise <br /> Agreement. In the event the Town issues an RFP, the Town would recognize the <br /> City's right to submit a proposal in response to the RFP as a potential provider of <br /> electricity to the Town and its residents after the Franchise Agreement expires. <br /> 3. If, as part of the evaluation process in paragraph 2, the City is not selected to continue <br /> providing electric service, the City would enter into good faith negotiations with the <br /> Town to determine and agree upon the most appropriate means for the City to <br /> discontinue the provision of electric service within the Town after the Franchise <br /> Agreement expires. Such good faith negotiations may include discussions on the sale <br /> of the City's electric utility facilities in the Town to the Town or to another electric <br /> utility provider designated by the Town. <br /> 4. If on or before June 1, 2015, the Town has agreed that the City should continue to <br /> provide electricity within the Town after the Franchise Agreement expires on <br /> November 6, 2016, or the City and the Town have reached formal agreement on an <br /> appropriate means for the City to discontinue providing electric service within the <br /> Town after the Franchise Agreement expires, then the Town xvould dismiss its lawsuit <br /> against the City. <br /> 5. In the event that the Town and the City agree upon an appropriate means for the City <br /> to discontinue the provision of electric service within the Town after the Franchise <br /> Agreement expires, the City will cooperate with the Town in making the appropriate <br /> filings with the FPSC to amend the existing territorial agreement accordingly. <br /> ) H3 <br />