Chapter 4.04
CONCESSION AGREEMENTS

Sections:

4.04.010  Concession agreements.

4.04.020  Concession agreements on public property.

4.04.030  Leases of public right-of-way.

4.04.040  Exemptions.

4.04.010 Concession agreements.

A concession agreement is a lease of public property or city right-of-way. Decisions to lease city property or public right-of-way are legislative decisions to be granted at the sole discretion of the city council.

By way of illustration and not limitation, a concession agreement may provide for the lease of public property or right-of-way for private use to vend food or beverages, rent bicycles, roller skates, fishing equipment or other uses which the city council, in its sole discretion, believes are consistent with the public's full use and enjoyment of park, public property or right-of-way, or enhance the general atmosphere of the community. [Ord. 3604 § 1, 2006].

4.04.020 Concession agreements on public property.

A. “Public property” shall mean any property in fee by the city of Edmonds.

B. Concession agreements may be granted at the sole discretion of the city council from time to time as it deems appropriate. The revenue from the lease of public property shall accrue to the general fund; provided, however, that concession agreements for lease of property owned, purchased or utilized by a utility or other special purpose fund shall accrue to that fund.

C. Such agreements shall be approved by the city council in a form created and approved by the city attorney. The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate and shall fully indemnify and hold harmless the city, its officers, agents, employees and volunteers.

D. A concession agreement relating to park property shall comply in all respects a park plan adopted as a part of the city's comprehensive plan. No concession agreement shall be approved for park property until approved in the applicable portion of the comprehensive plan, parks element.

E. Concession agreements relating to park property shall be approved only after a public hearing. Notice of the public hearing shall be posted at least at three locations at the perimeter of the park property and at the site sought for lease by a concessionaire. [Ord. 3604 § 1, 2006].

4.04.030 Leases of public right-of-way.

A. “Public right-of-way” shall mean property held for street or alley purposes and shall typically be limited to unopened city right-of-way. The lease of public right-of-way developed for street purposes shall incorporate applicable terms from the street use provisions of Chapter 18.70 ECDC.

B. Any concession agreement for the lease of unopened street right-of-way shall confer no vested right on the lessee. Any concession or lease agreement drafted by the city attorney shall provide that it may be terminable at the will of the city council with or without cause. On termination, a pro-rated portion of the lease payment shall be returnable to the concessionaire or lessee.

C. The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate and shall fully indemnify and hold harmless the city, its officers, agents, employees and volunteers. [Ord. 3607 § 1, 2006; Ord. 3604 § 1, 2006].

4.04.040 Exemptions.

Persons leasing property from the city through a concession agreement shall obtain a city business license. The use of property leased under a concession agreement shall be consistent with the uses permitted in the adjacent zone. “Adjacent zone” means that zoning, other than public zoning or right-of-way designation, which is closest to the area leased. In the event that differing zones are equidistant from the leased property, the more restrictive use provisions of an adjacent zone shall be applied. [Ord. 3604 § 1, 2006].