§171-141  Lease for eligible permittee in
industrial park.  (a)  Notwithstanding any other provision of law to the
contrary:



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



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



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



(2)  A person with a permit to use an eligible
economic unit on the day before the date of designation of that industrial park
shall be given first preference to lease that unit after the date of
designation if the person is an eligible lessee.  For the purpose of this
section, an "eligible permittee" means a person referred to under
this paragraph;



(3)  The board shall issue a lease to an eligible
permittee 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 section
171-59(a).  The terms, conditions, and rent under the lease shall be in
conformance with this chapter, and the board shall include lease covenants in
each lease for the placement and construction of improvements in accordance
with minimum standards established by applicable county building codes;



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



(5)  The board, in lieu of issuing a lease under
paragraph (3), may issue a master lease to a corporation whose members or
shareholders shall be either eligible permittees or eligible sublessees of the
industrial park, through negotiations and without regard to the limitations
provided in section 171‑16(c) and section 171-59(a).  The master lease
shall provide for the issuance of subleases to eligible permittees and other
sublessees approved by the board, on terms and conditions approved by the
board.  The terms and conditions of a master lease concerning the authority to
sublease shall supersede any contrary term or condition in a development
agreement executed prior to the issuance of the master lease; provided that all
other terms and conditions of the development agreement shall be incorporated
and made a part of the master lease.  All terms, conditions, and rents under
the master lease and subleases shall be in conformance with this chapter, and
the board shall include lease covenants in the master lease and each sublease for
the placement and construction of improvements in accordance with minimum
standards established by applicable county building codes.  The lessee under
the master lease shall assume the responsibility of administering and
monitoring permittee compliance with all sublease obligations.



(b)  It is the intent of the legislature that
persons occupying and using under a month-to-month or revocable permit public
lands which have been designated as part of an industrial park be given the
opportunity to lease the same public lands occupied and used prior to the
designation.  The application, construction, and interpretation of this section
shall reflect this intent. [L 1988, c 361, pt of §1; am L 1991, c 173, §4; am L
2002, c 139, §3]