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<br />2) The owner and the public shall have the right to use a part of the Board's <br />isolated remainder property on the west side of the river and the south side of <br />Oxford Avenue for shared parking, <br /> <br />3) The Board shall have a right of access to its river right of way on the roadway <br />located partially on the owner's property, <br /> <br />4) The owner shall be permitted to construct a concrete block wall along the <br />easterly edge of the property subject to the lease, which wall is to be maintained <br />by the owner. <br /> <br />Comments: <br /> <br />This lease was originally executed by the owner, and submitted to the Board (as part of <br />the contract for purchase of parcel 2. However, it was not executed by the attorney <br />general's office at that time. With certain changes from the originally submitted lease, the <br />lease was subsequently executed on 7/1/85. <br /> <br />The west bank of the river is very steep and showed severe erosion from previous water <br />run-off. The Corps did not plan to provide specific protection from continued ron-off <br />erosion damage. Therefore, the Board provided monies for the owner to install storm <br />water inlets and pipes to carry the water to the river bank and the Board paid the Corps <br />the cost of structures for the water to outlet from these pipes into the river. The lease <br />provides that the owner will maintain facilities installed by the owner. <br /> <br />STAGE 2: <br /> <br />In stage 2 of the project, it was necessary to acquire temporary construction and fill <br />easements across parcels 104-A-1TE and 104-A-2TE. The owner of the 104-A-1TE and <br />104-A-2TE was originally Summit-Denver Properties, Inc. and condemnation was filed in <br />order to obtain immediate possession of these parcels as well as the fee title of parcel <br />104. Settlement was reached with Summit-Denver for the value of parcel 1 04, but not for <br />the two temporary construction easements. Subsequently, the remainder property was <br />bought by Kent. Therefore, the 'Agreement For Temporary Construction And Fill <br />Easement" dated 7/1/85 was entered into between the Board, on the one hand, and F.J. <br />Kent and the 2400 West Oxford Corp., on the other hand. Compensation in the amount <br />of $7,355 was paid, comprised of $3,433 for the easements and $3,902 for the cost of <br />a temporary construction fence to be built by the owner on the north west line of the <br />easements. <br /> <br />In reaching the above settlement, both parties agreed that the easement value was <br />$9,000 and that this amount would be reduced by $5,567 for certain improvements to be <br />made by the owner under the contract for parcel 2 and for which payment had been <br />made. The appraised value for these 18 month easements was $9,235 and, if adjusted <br />in accordance with the settlement for parcel 104, the value would have been $16,157. <br /> <br />2 <br />