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12/17/2014 (3)
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12/17/2014 (3)
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Last modified
6/27/2018 4:15:40 PM
Creation date
3/23/2016 9:09:39 AM
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Meetings
Meeting Type
BCC Joint Meeting
Document Type
Agenda Packet
Meeting Date
12/17/2014
Meeting Body
Board of County Commissioners
Town of Indian River Shores
Book and Page
140
Subject
Florida Governmental Conflict Resolution Process
Electric Rates
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000H\S0005BI.tif
SmeadsoftID
14486
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their respective electric utility franchise agreements with the City. Additionally, the City <br /> will not object to the Town or the County communicating with other potential electric <br /> utility providers, including but not limited to Florida Power & Light Company ("FPL"), <br /> with respect to any such alternatives. <br /> The potential objections thus waived include potential claims of tortious <br /> interference with contract or business advantage, breach of contract, or any similar <br /> claims. The potential objections thus waived apply and relate only to (a) the Town's and <br /> County's evaluations of power supply alternatives and (b) communications between the <br /> Town and the County, on the one hand, and potential electricity suppliers, on the other <br /> hand, in connection with the prospects for such suppliers to provide power to customers <br /> located in the Town or the County unincorporated area, respectively, and these waivers <br /> apply only to such evaluations and communications that are conducted during the period <br /> from December 17, 2014 through and including March 2, 2015. The only waivers given <br /> are those expressly stated in this paragraph and all claims and defenses of the City are <br /> otherwise reserved. <br /> The City also requests that FPL agree that the City's consents and waivers set <br /> forth above do not give rise to any claim by FPL against the City, and that FPL otherwise <br /> waives any such potential claim, whether arising from contracts between the City and <br /> FPL or otherwise. Further, the City requests that FPL, by its signature below, agree that <br /> any communications between December 17, 2014 and March 2, 2015, between the Town <br /> and the County, on the one hand, and any other potential electricity suppliers, on the <br /> other hand, do not give rise to any claims against any party hereto. <br /> I respectfully ask that each of you confirm your respective governmental entity's <br /> or company's understanding and acknowledgement of the City's consents and waivers as <br /> set forth above, and, as for FPL, its waiver of any claims as set forth above. My signature <br /> below confirms that the City consents to the evaluations and communications described <br /> above. <br /> Sincerely yours, <br /> Wayne R. Coment <br /> City Attorney <br /> 3 <br /> 151 <br />
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