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INTERIM MEDIATION AGREEMENT
<br />THIS AGREEMENT is made this q c11 day of January, 2015 by and between the
<br />Down 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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