Title
Resolution to Approve a Right-of-Way License Agreement with Pheenix USH LLC for the Operation of Dockless Electric Micromobility Devices in the City of Ann Arbor
Memorandum
Attached for your review and consideration for approval is a resolution to approve a Right-of-Way License Agreement with Pheenix USH LLC for the Operation of Dockless Electric Micromobility Devices in the City of Ann Arbor.
Skinny Labs. Inc. d/b/a Spin previously negotiated Right-of-Way License Agreements in good faith with the City of Ann Arbor to operate e-scooters and e-bikes in our community. Spin e-scooters have been in operation in Ann Arbor since April 2019 and e-bikes have been in operation since April 2023.
In September 2023, Spin was acquired by Bird Global, Inc. and became a wholly-owned subsidiary of Bird Rides, Inc., but it continued to operate as a separate entity under the Spin name and brand. In December 2023, Bird Global, Inc., and several of its related affiliates, including Skinny Labs, Inc. d/b/a Spin, filed voluntary petitions for Chapter 11 debtor-in-possession bankruptcy protection in the U.S. Bankruptcy Court for the Southern District of Florida to facilitate a comprehensive financial restructuring plan.
Pursuant to a March 8, 2024 Order entered by the Bankruptcy Court substantially all of Spin's assets were purchased by Bird Scooter Acquisition Corp., which in turn transferred them to Pheenix USH LLC under an Asset Purchase Agreement.
Thus, Pheenix USH LLC has acquired the Spin-branded e-scooters and e-bikes which Skinny Labs, Inc. d/b/a Spin had deployed in Ann Arbor, and it desires to continue to deploy these same devices and operate a dockless electric micromobility service in Ann Arbor.
This License Agreement substantially similar to the agreements with Spin and would authorize Pheenix to continue a micromobility service in Ann Arbor for a sixth year with the opportunity to administratively extend the License for up to two additional one-year periods...
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