RESOLUTION NO. RS2014-1131

A resolution approving the Amended and Restated License Agreement between the Metropolitan Government and Blink Acquisition, LLC, a Car Charging Company, to amend the License Agreement between those parties.

WHEREAS, The Metropolitan Government entered into a License Agreement with Electric Transportation Engineering Corporation d/b/a ECOtality North America (Ecotality) , effective May 16, 2012 and approved by Ordinance No. BL2012-129, together with a contemporaneously submitted Addendum and two prior Amendments attached thereto (the License Agreement); and,

WHEREAS, Ecotality subsequently filed a bankruptcy petition in the United States Bankruptcy Court for the District of Arizona, and moved that court for entry of an order allowing the assumption and assignment of certain of its executory contracts, including the License Agreement; and,

WHEREAS, Blink Acquisition, LLC, a Car Charging Company (Blink), became the successor in interest to Electric Transportation Engineering Corporation d/b/a ECOtality North America , when the assumption of the License Agreement as an executory contract by Blink was approved by the United States Bankruptcy Court for the District of Arizona in In re: Electric Transportation Engineering Corporation (d/b/a Ecotality North America), et al., Case No. 2:13-BK-16126 (RJH); and,

WHEREAS, in Resolution No. RS2014-965, the Metropolitan Council approved the Third Amendment to Charging Site Host Agreement to acknowledge the assignment of the License Agreement and Blink’s replacement of the previous Licensor as the party to the contract, and also approved an extension of its term; and,

WHEREAS, the parties wish to amend the terms of the License Agreement again by adopting amended and restated terms per the attached Amended and Restated License Agreement, with a new effective date to begin retroactive to May 1, 2014; and,

WHEREAS, Section 2 of Ordinance No. BL2012-129 provided that any future amendments, extensions, or renewals of the License Agreement may be approved by resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The Amended and Restated License Agreement between the Metropolitan Government and Blink Acquisitions, LLC, with a retroactive effective date of May 1, 2014, together with its Addendum and its attachments, which is attached hereto and incorporated herein, is hereby approved, and the Metropolitan Mayor is authorized to execute the same.

Section 2. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ronnie Steine

If you would like a copy of the attachment to any ordinance or resolution, please email your request to the Metro Clerk's Office at metro.clerk@nashville.gov

Amendment No. 1
to
Resolution No. RS2014-1131

Madam President:

I move to amend Resolution No. RS2014-1131 by replacing page 3 of 6 of the Addendum to the Amended and Restated License Agreement, which is Exhibit A to the Amended and Restated License Agreement between the Metropolitan Government and Blink Acquisitions, LLC, a Car Charging company (“Blink”), which is attached to and incorporated into the resolution by reference, with the revised page 3 attached hereto.

Sponsored by: Ronnie Steine

If you would like a copy of the attachment to any ordinance or resolution, please email your request to the Metro Clerk's Office at metro.clerk@nashville.gov

LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	June 17, 2014
Amended:	June 17, 2014
Adopted:	June 17, 2014
Approved:	June 18, 2014
By: