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44 <br />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 would 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 />JL3 <br />