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ORDINANCE 'N0: 17,240
AN ORDINANCE AMENDING LITTLE ROCK ORDINANCE NO.
17,136 TO ADD DESIGN GUIDELINES TO THE RIVER
MARKET DESIGN OVERLAY DISTRICT, TO CODIFY IN
CHAPTER 36 OF THE LITTLE ROCK CODE OF ORDINANCES,
TO ADD LANGUAGE CONCERNING PURPOSES AND INTENT
AND APPLICATION OF DISTRICT REGULATIONS;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
6-
on
A
WHEREAS, on March 1, 1983 the Little Rock Board of
Directors adopted Little Rock, Ark. Ordinance ( "LRO") No.
14,403 establishing the East Markham Entertainment District
within the Downtown Little Rock Development Plan; and,
WHEREAS, the City recognized.that warehouse buildings
and old structures along 'East Markham could be adaptively
reused to provide retail establishments at'street level with
loft space converted.to office or residential uses; and,
WHEREAS, since the passage of LRO No. 17,136 on March 6,
1996, which established the River Market Design Overlay
District, the City has developed additional design guidelines
for implementation into the River Market Design Overlay
District regulations; and,
WHEREAS, the City has determined that additional
language should be inserted into the Purpose and Intent
section and into the Application of District Regulations
section, and that this ordinance should.be codified; and,
WHEREAS, it is determined by the City that the least
confusing and most effective way to implement these changes
and additions is to completely rewrite the ordinance and to
codify in Chapter 36 of Little Rock; Ark—Rev. Code (1988)
(hereinafter "LRC").
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. LRO No. 17,136 is hereby amended to be read
in its entirety and to be placed into Chapter 36 beginning at
Section 36 -350 as follows:
Sec. 36 -350. Definitions.
1. "River Market District" is also referred to as the
"District" and is depicted on Exhibit "A" attached to this
ordinance.
2. "Design Overlay District" or "DOD" as referred to in
this ordinance means the River Market District.
• • 47
1 3. °Significant architectural detail or feature" means
2 an architectural element that contributes to the overall
style, design or facade of a building. The detail may include
3 architectural elements or materials,. including, but not
4 limited to, an arch, bracket, brickwork, capital of.a column,
5 corbelling, cornice, dentil, door, eave, fascia, gable, hood
6 mold, latticework, pressed tin, sash, sidelight, shingles,
7 transom, trim and window.
4. "ADAAG" means the Americans With Disabilities Act
8 Accessibility Guidelines 36 CFR §1191.1 App. A, and any
9 amendments thereto.
10 5. "DRC" means the Design Review Committee established
11 pursuant to this Section.
12 Sec. 36 -351. River Market Design Overlay.
13 (A) Purpose and intent. The purpose of establishing the
River Market District (referred to herein as the "District")
14 is to create a quality mixture of commercial, office and
15 residential uses that also have a festive and pedestrian
16 orientation. Once established, the District will become a
17 viable location for business, cultural, residential and
entertainment activities. Buildings, signs, street
18 furnishings and landscaping should all be designed to
19 complement and encourage pedestrian use during the day and at
20 night. Careful planning is necessary to insure the proper
21 placement of such items to avoid visual clutter.
Visual clutter is not a major problem in the District at
22 present, but good planning anticipates and prepares for
23 future problems, especially in consideration of positive
24 economic development. Guidelines and strategies must be in
25 place to protect the District from the negative impact of
26 poorly planned or incompatible projects. Incompatible
development has the potential to destroy the attributes which
27 will attract people to the District. Programs and policies
28 will be enacted to maintain and enhance the visual quality of
29 the District. Physical design elements of the District shall
30 be controlled and reviewed by a design review committee to
31 ensure appropriate design and compatible development.
32 (B) District boundaries. The District encompasses all
parcels in Block 1,.Block 2, Block 3, Block 6, Block 7 and
33 Block 8 of Pope's Addition; and Block 35 and Block 36 of
34 Original City. The District is further identified on the map
35 attached as Exhibit "A ". To the extent required by law, the
36
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1 City zoning map shall be amended to graphically display the
2 District.
Sec. 36 -352. Application of District regulations.
3 (A) The regulations of this District shall be in
4 addition to and shall overlay all other zoning districts and
5 other ordinances requirements regulating the development of
6 land so that any parcel of land lying in the overlay District
7 shall also lie within one or more of the other underlying
8 zoning districts. Therefore, all property within this overlay
District shall have requirements of both the underlying and
9 overlay zoning districts in addition to any other provisions
10 regulating the development of land. In case of conflicting
11 standards between this article and other city ordinances, the
12 overlay requirements shall control.
(B) These regulations shall apply to new development and
13 redevelopment or expansion of existing development. The
14 design guidelines shall be implemented when a building permit
15 is requested for exterior improvements. This ordinance also
16 applies when any exterior improvement is undertaken which may
17 not require a building permit, but affects the exterior
visible ..elements of the structure such as repainting in a
18 manner that significantly changes the color of the facade as
19 determined by the DRC. Routine repairs, maintenance and
20 interior alterations shall not require compliance with this
21 section.
22 (C) Except for construction of improvements in the
public right of way required by the City, and except for new
23 development, redevelopment or expansion of existing
24 development, all uses, structures or lots which existed on
25 the effective date.of this ordinance which do not conform to
26 the standards and guidelines established in this ordinance,
27 shall be treated as nonconforming according to the provisions
of Article III of this chapter.
28 Sec. 36 -353. Signs.
29 (1) Signs in general.
30 (A) Location.
31 1. Signs shall not hide significant architectural detail
32 or features of a building.
2. Signs shall not visually clutter nor interfere with
33 views of the building.
34 3. Signs shall be confined to the flat surface of the
35 building and shall not project more than five (5) inches from
36
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1 the building facade.
2 4. Signs shall not be painted directly on the face of a
building.
3 5. Awning valences are appropriate locations for
4 signage.
5 6. Free standing signage is prohibited.
6 7. Signs shall be adequately spaced from other signs.
7 (B) Appearance.
8 1. Signs shall be compatible with the architecture of
the building on which it is located.
9 2. Design of signs shall capitalize on the special
10 character of the District.
11 3. Window signs shall not cover more than twenty -five
12 percent of each glass panel.
13 4. Awning signs shall not exceed six (6) square feet per
awning.
14 5. Neon illumination is permitted.
15 6. Internally illuminated signs are prohibited.
16 7. In accordance with federal law, businesses with
17 registered trademarks are allowed to display the mark in
signage which otherwise complies with City sign regulations.
18 8. Advertising copy on signs is prohibited.
19 9. Materials used in signs shall be sensitive to signs
20 and architecture on adjacent sites.
21 (2) Signs on public buildings. Signs on public buildings
shall conform to the standards outlined in this DOD with the
22 exception of signs which have significant architectural
23 detail, or signs which serve as an entrance to Riverfront
24 Park and are otherwise consistent with the DOD standards.
25 These exceptions may only be. approved by the City Board of
26 Directors.
27 (3) Signs located on or facing Markham Street, Commerce
Street, Rock Street, Sherman Street, Cumberland Street and
28 Second Street.
29 (A) Location.
30 1. Except as permitted in Sec. 36 -353 (2), the maximum
31 sign height on a building shall not extend above the second
32 floor window sill or above the overhang of a single story
building.
33 2. Signs shall not number more than three (3) per
34 business.
35 (B) Appearance.
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1 1. Signs shall not exceed one quarter of a square foot
2 of sign area for each linear foot of primary street building
frontage, not exceeding 25 square feet per sign.
3 (C) Lettering.
4 1. Letters shall not exceed 11-6° in height.
5 2. Letters shall not exceed three - quarters of the height
6 of the sign.
7 3. Lettering shall not exceed sixty percent of the total
area of a sign.
8 (D) Sign illumination.
9 1. Light fixtures for signs shall not be readily visible
10 from the street or sidewalk.
11 (4) Signs on facades facing the Arkansas River. The
12 buildings having facades facing the river present an unique
opportunity to create their own character on the facades
13 which share views with the amphitheatre and the river. These
14 facades shall compliment the festive atmosphere that has been
15 established by the Riverfest Amphitheatre and the River
16 Market.
17 (A) Location.
1. Building signs shall not extend above the overhang of
18 the roof.
19 2. Signs shall not cover more than ten percent of the
20 facade facing the river.
21 Sec. 36 -354 Balconies.
22 Balconies over the public right of way shall have a
minimum clearance of 91 -0" above the sidewalk. One inch of
23 projection is permitted for each additional inch of clearance
24 above 8' -0n, provided that no such projection shall exceed a
25 distance of 41 -0n.
26 Sec. 36 =355. Sidewalks.
27 (A) Width and clearance.
1. Sidewalks shall consist of 7' -6" concrete walk and a
28 4' -00 red brick paving planting strip.
29 2. Sidewalks shall have a 12' -0" overall width from
30 building face to curb face.
31 3. Sidewalks shall provide adequate clearance for ease
32 of pedestrian traffic and movement.
(B) Materials.
33 1. The walks, curbs, gutters, and treegate frames shall
34 be concrete.
35 2. The planting strip shall consist of red brick pavers.
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1 (C) Curb ramps.
2 1. Two (2) curb ramps shall be provided per corner or
the entire corner may be constructed as a ramp.
3 2. Ramps shall have 1:10 side slopes:
4 3. Ramps shall have 1:12 maximum slope.
5 4. Ramps shall be 5' -0" in width with striations
6 perpendicular to pedestrian traffic movement.
7 5. Slopes shall be congruent between ramps.
6. There shall be a minimum 5' -0" landing at the top of
8 all ramps.
9 7. Curb ramps shall be coordinated with the crosswalk
10 locations pursuant to ADAAG 4.7.9.
11 8. Curb ramps shall have a visual contrast of surfaces
12 adjacent to traffic.
(D) Curbs and gutters.
13 1. Curbs shall be 6" in height.
14 2. Gutters shall be 18" in width.
15 (E) Tree planting strip.
16 1. The tree planting strip shall be a 4' -0" wide red
17 brick paving strip on 2" sand base and 18" topsoil backfill.
2. The 6" concrete tree gate frame shall be integrated
18 with the top of the curb.
19 (F) Utilities.
20 1. All utilities shall be located under the street.
21 2. All metal grates located in walking surfaces shall
meet ADAAG 4.5.4 standards.
22 Sec. 36 -356. Building form.
23 (A) Materials.
24 1. Historic materials or distinctive architectural
25 features shall not be removed or hidden.
26 2. The type of materials and their color, texture, scale
and detailing shall be compatible with those of buildings on
27 adjacent sites.
28 3. Surface cleaning of historic structures shall be done
29 with the gentlest possible method.
30 (B) Roof types. Building roofs shall relate to the
31 overall size, shape, slope, color and texture of roofs of
32 buildings on adjacent sites.
(C) Openings.
33 1. Historical upper facade windows shall retain original
34 dimensions and details.I
35 2. Historical storefront configuration shall not be
36
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1 altered.
2 3. New construction shall have a pattern of windows and
doors which resemble similar patterns on facades of adjacent
3 buildings.
4 4. Primary entrances shall be parallel with the street.
5 (D) Style and form.
6 1. New construction shall not exceed four stories in
7 height or a total height of 481 -0 ".
2. Buildings shall maintain the distinction between
8 upper and lower levels. .
9 3. Historical context of buildings shall be restored to
10 original designs.
11 (E) Mass.
12 1. New construction wider than the typical building
width shall be visually massed to appear similar to buildings
13 on adjacent sites.
14 2. The primary facade of a building shall be oriented
15 parallel with the street.
16 (F) Projections.
17 1. Objects shall not project from the building facade
over the public right of way except for awnings and
18 balconies.
19 2. Awnings shall not project more than 5f -0" from the
20 building facade and have a minimum clearance of 9' -0" above
21 the sidewalk.
3. Balconies over the public right of way shall have a
22 minimum clearance of 91 -0" above the sidewalk. One inch of
23 projection is permitted for each additional inch of clearance
24 above 8' -0 ", provided that no such projection shall exceed a
25 distance of 4' -0".
26 (G) Setbacks.
1. Buildings shall retain similar setbacks as buildings
27 on adjacent sites.
28 Sec. 36 -357. Awnings.
29 (A) Appearance.
30 1. Colors should be compatible with others used in the
31 River Market District.
32 2. Awnings shall relate to the shape of the opening.
3. Awnings shall have a minimum clearance of 9' -0" from
33 the sidewalk.
34 4. Awnings shall not project more than 5' -0" from the
35 building facade.
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481
1
5.
Awnings shall be composed of canvas, vinyl coated
canvas,
acrylic fabrics or other architectural materials
2
compatible
with the building and the District.
3
(B)
Location.
4
1.
Awnings shall cover only the store front display
5
windows,
balconies or transom above the main entrance. Upper
6
facade details shall not be obscured.
2.
Direct back illuminated awnings are prohibited.
7
(C)
Clearance.
8
1.
Retractable canvas awnings are allowed but shall not
9
extend more
than 5' -0" and maintain a clear height of 9' -0".
10
Sec.
36 -358. Landscaping.
11
(A)
Plant materials
1.
All plant materials shall be as prescribed in this
12
section
or substitute materials of equal quality approved in
13
advance
by the DRC.
14
2.
Markham Street from I -30 to Cumberland Street shall
15
be Acer
X Freemanii 'Jeffersred', Autumn Blaze Maple trees.
16
3.
Commerce Street from Markham to second Street shall
be Acer
X Freemanii 'Jeffersred', Autumn Blaze Maple trees.
17
4.
Streets with north and south orientation between I -30
18
and Cumberland
Street and north of Second Street shall be
19
Taxodium
distichum; Bald Cypress trees.
20
5.
Second Street from I -30 and Cumberland Street shall
be Fraxinus
pennslvanica 'Marshall's Seedless'; Marshall's
21
Seedless
Green Ash trees.
22
6.
Plazas and open spaces shall be Ostrya virginiana;
23
American
Hopornbeam trees and Gleditsia tricanthos var.
24
inermis
'Moraine'; Moraine Thornless Honeylocust trees.
25
7.
All planting of trees and planting adjacent to
26
sidewalks
shall meet ADAAG 4.4.2 standards.
(B)
Plant size.
27
1.
Street trees shall be 3 " -3 1/2" caliper trees.
28
2.
Plazas and open spaces shall be 1 1/2" -2" caliper
29
trees.
30
(C)
Location and spacing.
1.
Trees shall be 30' -0" on center and 2' -0" off back of
31
curb.
32
2.
Trees placement shall allow for adequate site
33
distance
at intersections.
34
(D)
Irrigation systems.
35
1.
Irrigation systems shall provide four (4) irrigation
36
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1 bubbler heads per tree well.
2 2. All systems shall have backflow preventors.
3. Automatic controllers shall be pole mounted.
3 4. Valve box covers shall have snaplocks and be located
4 within the brick planter strip.
5 (E) Tree grates.
6 1. Tree grates shall be 41x41 cast iron with slot
7 openings no more than 1/40.
2. Tree grates shall be set into concrete and angle iron
8 curb collar, 6" exposed at surface, minimum 12" depth.
9 (F) Subdrainage.
10 1. A gravel drain shall consist of a 4" perforated pipe
11 wrapped in washed, crushed gravel and geotextile running
12 parallel with planting strip.
2. A gravel drain shall be approximately 4' -0" below
13 finished pavement elevation and connected to the storm
14 drainage inlet.
15 3. The bottom of the gravel drain shall be sloped for
16 positive flow towards the 4" perforated pipe.
11 (G) Planting medium.
1. Topsoil backfill shall contain 10% organic material
18 and be free of objectionable materials.
19 2. The tree root ball shall be set in place on compacted
20 SB -2 sub -base pedestal and covered with 2" washed river
21 gravel.
Sec. 36 -359. Street lights and furnishings.
22 (A) Lights.
23 1. Pedestrian posts and luminaries shall be Antique
24 Lighting "Capitol" Series or pre- approved substitute.
25 2. Roadway intersection posts and luminaries shall be
26 Antique Lighting "Capitol" Series or pre- approved substitute.
27 (B) Spacing and location.
1. Pedestrian posts and luminaries shall be located
28 every third tree within 'a block.
29 2. Roadway posts and luminaries shall be located 15' -0"
30 off right -of -way of perpendicular streets; one (1) per
31 corner.
32 (C) Furnishings.
1. Signage and street equipment shall be in the same
33 design family as light posts and luminaries.
34 2. Trash receptacles shall be manufactured by Canterbury
35 International; Pennsylvania Avenue Model or pre- approved
36
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483
1 substitute.
2 3. Benches shall be six (6) feet in length and located
on the inside of roadway intersection posts and luminaries
3 manufactured by Dumor Model #57 Bench or pre- approved
4 substitute.
5 4. Bus shelters and information kiosks shall be uniform
6 in architectural style and character with streetscape
7 equipment and building form.
8 5. Newspaper stands shall be of the same style and size
and be incorporated as an integral part of the street
9 furnishings.
10 Sec. 36 -360. Streets.
11 (A) Crosswalks.
12 1. Crosswalks shall be constructed of red brick pavers
bound by 1' -0" wide.by 2' -0" tall concrete band on both
13 sides.
14 2. The running bond brick pattern of the crosswalks
15 shall run perpendicular to vehicular traffic.
16 3. Brick pavers shall be 8000 psi to withstand vehicle
17 loads.
4. Curb ramps at marked crossings shall be wholly
18 contained within the markings, excluding any flared sides,
19 pursuant.to ADAAG 4.7.9.
20 Sec. 36 -361. Parking.
21 (A) Location.
22 1. Parking lots shall not surround a building.
2. Buildings shall not be removed to provide surface
23 parking unless no other economically viable alternative is
24 available.
25 (B) Parking .landscape. Parking lots shall comply with
26 the minimum requirements of the landscape ordinance.
27 Landscaping beyond that which is required is encouraged.
(C) Parking lot lighting and design.
28 1. Parking lot lighting shall match the style used on
29 the streetscape.
30 2. Parking lot design shall be sensitive to the purposes
31 and intent of the District.
3. Buses shall be marshaled outside the District.
32 4. Handicapped accessible parking shall be provided
33 pursuant to ADAAG 4.1.2(5)(a) and 4.6.3.
34 5. Passenger loading zones shall be provided pursuant to
35 ADAAG 4.6.6.
36
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1 (D) Parking requirements. The DRC may determine that the
2 off - street parking requirements of Article VIII of this
chapter do not apply to a development proposal within the
3 District if the developer agrees to use existing public
4 parking lots in lieu of providing off - street parking. If the
5 developer does not agree to use public parking lots the
6 developer shall seek a waiver of off - street parking
7 requirements from the City board of directors.
Sec. 36 -362. Curb cuts.
8 (A) Location.
9 1. New curb cuts on Markham Street are prohibited.
10 2. Existing curb cuts on Markham, Commerce, Sherman and
11 Rock Streets shall be removed or minimized to reduce conflict
12 with pedestrian traffic.
(B) Number per block.
13 1. Curb cuts shall be minimized to allow for safe and
14 efficient pedestrian movement throughout the River Market
15 District.
16 (C) Size.
1. Driveway width shall be twenty -two (22) feet provided
17 that the DRC may adjust the width to correspond with a
18 recommendation of the Director of the Public Works Department
19 if such adjustment is consistent with the uses in the
20 district.
21 Sec. 36 -363. Alleys_
(A) .Use.
22 1. Alleys shall serve as alternative routes for
23 pedestrians as well as efficient service access for vehicles.
24 2. Alleys shall have adequate lighting for pedestrians.
25 Sec. 36 -364. Fences and walls.
26 (A) Design.
1. Chain link fences and razor or barbed wire are
27 prohibited.
28 2. Ornamental iron fences may be appropriate where
29 compatible with the style of the building.
30 Sec. 36 -365. Views.
31 (A) Corridors.
1. New construction shall be designed to preserve all
32 view corridors including the East Markham Street corridor and
33 the Commerce Street corridor.
34 (B) River.
35 1. Views of the river shall be protected from any
36
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485
1 obstructions or visual clutter.
2 Sec. 36 -366. Maintenance.
The City shall maintain all sidewalks, lights,
3 landscaped planting areas, trees, grates, pavers, streets,
4 curbs, gutters, irrigation systems, benches, trash
5 receptacles, street lighting and sidewalk lighting.
6 Sec. 36 -367. River Market. District Design Review
7 Committee.
8 (A) Design Review Committee ("DRC"). A DRC shall be
appointed by the Board of Directors to protect the visual
9 integrity of the District, consisting of five (5) persons as
10 follows:
11 1. Three (3) representatives from the District selected
12 from a list of four (4) recommended by property owners within
the District.
13 2. A design professional with experience in historic
14 preservation such as an architect, engineer, planner or
15 landscape architect.
16 3. A representative from the entity hired by the City to
17 manage the River Market.
The appointments to the DRC shall be arranged so the
18 term of a least one (1) member will expire each year, and
19 their successors shall be appointed in a like manner for
20 terms of three (3) years. Members who are appointed to fill
21 vacancies for unexpired terms shall join the DRC at the next
22 meeting following.their appointment and confirmation.
(B) Submission of proposals.
23 The developer or designer of exterior improvements to a
24 structure in the District shall meet with the DRC prior to
25 request for building permit. No building permit shall be
26 issued unless the DRC has approved the proposal. The DRC will
27 meet on call as projects are filed with the planning staff. A
written record of the review and recommendation will be
28 forwarded to the planning commission or board of
29 adjustment on proposals
30 not meeting the design guidelines established by the DOD.
31 (C) Authority of the DRC.
32 The DRC shall function with a primary goal of providing
substance and governance to the DOD guidelines. This
33 includes:
34 1. Providing District businesses with guidance in
35 adhering to the DOD guidelines.
36
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r8 6
1 1 2. Reviewing all new sign applications within the
2 District, and providing recommendations on all site plan
submittals and rezoning applications.
3 3. Timely review and recommendations on all variance
4 applications made by property owners within the District.
5 4. Maintaining a comprehensive report of all variances
6 permitted from the City zoning and planning ordinances and
7 regulations.
5. Forwarding to the planning commission or board of
8 adjustment a review and recommendation of all proposals which
9 do not meet the established guidelines.
10 SECTION 2. Severability. This ordinance and its various
11 parts are hereby declared to be severable. If any section,
12 clause, provision or portion of this ordinance is declared
invalid or unconstitutional by a court of competent
13 jurisdiction, such decision shall not affect the validity of
14 this ordinance as a whole. All parts not declared invalid or
15 unconstitutional shall remain in full force and effect.
16 SECTION 3. Declaring an emergency. The Board of
17 Directors hereby. finds and declares that as a result of
current and planned public and private development in the
18 River Market District, it is necessary to implement these
19 guidelines and standards immediately so that all development
20 can be planned and coordinated in keeping with the purposes
21 and intent of this District. Therefore, in order to protect
and preserve the health, safety and welfare of the citizens
22 of this City, an emergency is hereby declared to exist and
23 this ordinance shall be in full force and effect from and
24 after its passage and approval.
25
26 PASSED: July 9, 1996 APPROVED:
27 ATTEST:
29 ROOBB C C
CITY CLERK MAY
30
31 APP 2OVED AS TO FORM:
32 vv'(ii `.`. a_(-
TiiOMAS M. CA g%Ex
33 CITY ATTORNEY
34
35
36
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PD 5
CT 1
� I/9
River Market District
Design Overlay District
A
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x 481
^I
'EXHIBIT "A"
IITM NO.