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12/17/2014 (2)
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12/17/2014 (2)
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Last modified
4/4/2018 3:41:12 PM
Creation date
12/20/2016 11:34:31 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
12/17/2014
Meeting Body
Town of Indian River Shores
City of Vero Beach
Subject
Mediation Meeting Electric Utilities
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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 />451 <br />
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