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Michael P. Bist Garvin B. Bowden** Benjamin B. Bush David S. Dee Erin W. Duncan Charles R. Gardner John T. LaVia. III c; -Gardner, Bist, Wiener, BwBowden, Bush, Dee, LaVia & Wright, P.A. ATTORNEYS AT LAW Telephone 850-385-0070 1300 Thomaswood Drive Tallahassee, Florida 32308 www.gbwlegal.com Bruce I. Wiener** Wendy Russell Wiener Bedford Wilder Robert Scheffel "Scher Wright Facsimile 850-385-5416 "ted Certified Rea! Estate Lawyer February 18, 2015 BY ELECTRONIC MAIL ONLY Carlos Alvarez, Esquire 847 East Park Avenue Tallahassee, Florida 32301 Re: The City of Vero Beach's Update Report Dear Carlos, On behalf of the City of Vero Beach, and pursuant to the Interim Mediation Agreement ("Agreement") executed by the parties to the mediation in early January 2015, I submit this update report on the subjects identified in the Agreement. (A copy of the Agreement, as executed by Mayor Winger, is included here as Appendix A.) Copies are being furnished to all parties as indicated on the last page of this report. The order of this report follows the order in which subjects were addressed in the Agreement. A. Working Toward Sale of the Vero Beach Electric System to FPL Pursuant to section 4.a of the Agreement, I wrote letters to OUC and FPL requesting a meeting to discuss possible ways to move forward with the sale of the Vero Beach electric utility system to FPL, and followed up those letters with electronic mail communications similarly requesting a meeting or conference call. I also discussed the City's request directly with FMPA's general counsel and deputy general counsel. FMPA responded that they would be willing to participate in such discussions if and when the City, FPL, and OUC have a definitive proposal that is compliant with the City's contracts with FMPA. (Although I asked for consent that representatives of the Town of Indian River Shores and Indian River County be allowed to participate, I received no response to that request.) After some 1 210