RESOLUTION NO. RS2014-965

A resolution approving the Third Amendment to the Charging Site Host Agreement between the Metropolitan Government and Blink Acquisition, LLC, a Car Charging Company, as successor in interest to Electric Transportation Engineering Corporation d/b/a ECOtality North America, 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, Section 2 of Ordinance No. BL2012-129 provided that any future amendments, extensions, or renewals of the License Agreement may be approved by resolution; and,

WHEREAS, Blink and the Metropolitan Government now desire to amend the License Agreement to extend its expiration date for four (4) months until April 30, 2014.

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

Section 1. The Third Amendment to the Charging Site Host Agreement between the Metropolitan Government and Blink Acquisitions, LLC, which is attached hereto and incorporated herein, is hereby approved, and the Metropolitan Mayor is authorized to execute the same.

Section 2. Upon final passage of this resolution, the Third Amendment to the Charging Site Host Agreement shall be effective retroactive to December 31, 2013.

Section 3. This resolution shall become effective immediately after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ronnie Steine

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LEGISLATIVE HISTORY
Referred to:	Budget & Finance Committee
Introduced:	January 21, 2014
Adopted:	January 21, 2014
Approved:	January 22, 2014
By: