(1)(a) A city with a population between
twenty thousand and twenty-five thousand on June 12, 2008, and
that currently operates a publicly owned marina may enter into a
reduced fee lease authorizing the city to use state-owned aquatic
lands for the purpose of operating a publicly owned marina. The
office of financial management's population estimate must be used
to determine a city's population for purposes of this section.
The lease period may not exceed twenty years.
(b) No rent is due the state for the use of state-owned
aquatic lands for the first ten years under such a lease. During
subsequent years under such a lease, rent is due for only those
lands that have been included under a previous aquatic land lease
for the marina. The lease may not be renewed, extended, or put
into holdover.
(2) A city choosing to enter into a lease as provided in
subsection (1) of this section must do so within one year of June
12, 2008. Prior to entering into such a lease, the city must be
in good standing with the department and must have paid all
amounts owed the department including any accrued interest.
(3) State-owned aquatic lands that may be included in the
lease are limited only to those lands included in the most recent
expired lease with the city for the marina, along with any
state-owned aquatic lands immediately adjacent to those lands.
Only those marina operations conducted directly by the city may
be included within the leased area.
(4) If a city chooses to enter into an agreement as provided
in subsection (1) of this section, the city is not eligible to
apply for grants from the aquatic lands enhancement account
created under RCW 79.105.150 for the first ten years of the
lease.
(5) Upon expiration of the twenty-year lease, the city may
enter into a new lease for the use of state-owned aquatic lands
or vacate the lands as agreed to in the expiring lease. To
ensure the consistent statewide application of aquatic land
management principles, the new lease must be completed in
accordance with all applicable sections of this title.
(6) This section expires July 1, 2029.
[2008 c 132 § 1.]