§171-141  Lease for eligible permittee inindustrial park.  (a)  Notwithstanding any other provision of law to thecontrary:

(1)  A parcel of the public lands within an industrialpark which had been occupied and used under a permit on the day before the dateof designation of that industrial park shall be an economic unit in thatindustrial park.  For the purpose of this section:

(A)  "Date of designation" means theeffective date of the resolution or law which designates an industrial park;and

(B)  "Eligible economic unit" meansan economic unit referred to under this paragraph;

(2)  A person with a permit to use an eligibleeconomic unit on the day before the date of designation of that industrial parkshall be given first preference to lease that unit after the date ofdesignation if the person is an eligible lessee.  For the purpose of thissection, an "eligible permittee" means a person referred to underthis paragraph;

(3)  The board shall issue a lease to an eligiblepermittee for an eligible economic unit under mutually agreeable terms,conditions, and lease rent.  The lease shall be issued through negotiations,without regard to the limitations set forth in section 171-16(c) and section171-59(a).  The terms, conditions, and rent under the lease shall be inconformance with this chapter, and the board shall include lease covenants ineach lease for the placement and construction of improvements in accordancewith minimum standards established by applicable county building codes;

(4)  The board shall negotiate in good faith with eacheligible permittee.  If the board and eligible permittee cannot agree to alease within one hundred eighty days from the date of designation, the boardshall have no further obligation to negotiate with or issue a lease to theeligible permittee and may issue a lease for the eligible economic unit toanother person after the one hundred eighty-day period; provided that any leasefor the eligible economic unit issued subsequent to the termination of the onehundred eighty-day period shall not include terms and conditions which are lessrestrictive, and a lease rent which is less, than the terms, conditions, andlease rent last offered in writing by the eligible permittee and received bythe board; and

(5)  The board, in lieu of issuing a lease underparagraph (3), may issue a master lease to a corporation whose members orshareholders shall be either eligible permittees or eligible sublessees of theindustrial park, through negotiations and without regard to the limitationsprovided in section 171‑16(c) and section 171-59(a).  The master leaseshall provide for the issuance of subleases to eligible permittees and othersublessees approved by the board, on terms and conditions approved by theboard.  The terms and conditions of a master lease concerning the authority tosublease shall supersede any contrary term or condition in a developmentagreement executed prior to the issuance of the master lease; provided that allother terms and conditions of the development agreement shall be incorporatedand made a part of the master lease.  All terms, conditions, and rents underthe master lease and subleases shall be in conformance with this chapter, andthe board shall include lease covenants in the master lease and each sublease forthe placement and construction of improvements in accordance with minimumstandards established by applicable county building codes.  The lessee underthe master lease shall assume the responsibility of administering andmonitoring permittee compliance with all sublease obligations.

(b)  It is the intent of the legislature thatpersons occupying and using under a month-to-month or revocable permit publiclands which have been designated as part of an industrial park be given theopportunity to lease the same public lands occupied and used prior to thedesignation.  The application, construction, and interpretation of this sectionshall reflect this intent. [L 1988, c 361, pt of §1; am L 1991, c 173, §4; am L2002, c 139, §3]