HomeMy WebLinkAboutHampton Inn at CCC111�11111�111111 111�11�11 1111I II o� °
2023033786
06/07/2023 12:29:00 PM 24 Page(s)
JEFFERSON COUNTY, Colorado
DEVELOPMENT AGREEMENT
i
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made as of the
of Q 2023 (the "Effective Date"), by and between the CITY OF WHEAT
RIDGE, COLORADO, a home rule municipal corporation (the "City"), and BHG-HS of
Wheat Ridge, LLC, a North Dakota corporation (the "Developer"), together referred to
as the "Parties."
RECITALS
A. The Developer is the owner of certain real property located in the City of
Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof
(the "Property"). The project entails development of a Hampton Inn and Suites hotel at
4025 Clear Creek Drive, in Planning Area 7 of Clear Creek Crossing (the "Project").
B. On January 23, 2023, the City of Wheat Ridge approved the final plat for
the Property titled Clear Creek Crossing Lot 2, Block 4 Replat (the "Final Plat"). A copy
of the Final Plat is attached hereto as Exhibit B and incorporated herein.
C. On May 19, 2022, the City approved the specific development plan
("SDP") for the Property titled Hampton Inn at Clear Creek Crossing. This Agreement is
a condition of approval of the SDP.
D. On May 13, 2022, the City approved the civil construction drawings titled
Clear Creek Crossing Block 4, Utility Corridor (the "Block 4 Public Infrastructure").
E. On January 20, 2023 the City approved the civil construction drawings
titled Hampton Inn & Suites at Clear Creek Crossing Construction Documents (the
"Brandt Hospitality On -Site Work"). For purposes hereof, "Final Approvals" means the
Final Plat, the SDP, the Block 4 Public Infrastructure and the Brandt Hospitality On -Site
Work.
F. The approvals cited above are contingent upon the express condition that
all duties created by this Agreement be faithfully performed by the Developer.
The non -City acquired public improvements required by this Agreement are
needed and intended to serve the public in accessing and using the private
development on the Property. Such non -City acquired public improvements shall be
constructed and maintained by Evergreen -Clear Creek Crossing, L.L.C. (the Master
Developer) and its successors and assigns.
AGREEMENT
NOW, therefore, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which are mutually acknowledged, the Parties
hereto agree as follows:
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1. Purpose. The purpose of this Agreement is to set forth certain terms,
conditions in connection with the subdivision and site development of the Property, and
fees to be paid by the Developer upon subdivision of the Property. All conditions
contained herein are in addition to any and all requirements of the City of Wheat Ridge
Subdivision Ordinance and Zoning Ordinance, the City of Wheat Ridge Charter, any
and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code
(collectively, the "City Requirements") and are not intended to supersede any
requirements contained therein, except for those waivers or modifications that are
specifically enumerated herein.
2. Related City Agreements and Approvals. The Property is subject to that
certain Outline Development Plan titled Clear Creek Crossing Planned Mixed Use
Outline Development Plan recorded with the Jefferson County Clerk and Recorder
under reception number 2018051726 and Specific Development Plan for the Property
titled Hampton Inn at Clear Creek Crossing recorded with the Jefferson County Clerk
and Recorder under reception number The Property will be
subject to the SDP, civil construction documents, right-of-way permit application(s),
grading permit application(s), site work permit application(s), and building permit
application(s) (together and collectively, the "Approved Plans"). Through such
approvals, the City will review and approve the final design of any development, Public
Improvements (as defined below), and non -City acquired public improvements (as
defined below) related thereto. This Agreement is based on information available at the
time of approval of the Specific Development Plan and shall not constitute approval of
the Public Improvements and non -City acquired public improvements designs. The
Developer shall obtain all required right-of-way, site work, and building permits, and
comply with all applicable conditions including, but not limited to, contractor licensing,
insurance, and bonding.
The Property is subject to that certain Purchase Agreement dated
(as amended) between the Developer and Evergreen -Clear Creek
Cr sing, L.L.C., which outlines the allocation of commitments for certain of the
obligations of Block 4 Public Infrastructures (water, sewer, and first lift of fire access
roads west of Clear Creek Drive), off -site access and cross -access from and through
Block 4 as well as widening of the access point at the Property. This agreement
obligates the Master Developer or its successors and assigns to install all Block 4 Public
Infrastructures under separate site work permit, in advance of and in coordination with
site -specific work contained herein.
3. Fees and Taxes. The Developer hereby agrees to pay City development
review, building permit and plan review fees to the City for engineering, hydrological,
surveying, legal, and other services rendered in connection with the review of the
development of the Property as codified in the City Requirements. The Project is
subject to use taxes for private horizontal development authorized by a site work permit
and for private vertical construction authorized by a building permit. Upon request, the
City agrees to provide a written accounting of such fees and taxes.
4. Reserved.
5. Reserved.
6. Breach by the Developer; the City's Remedies. In the event of a breach of
any of the terms and conditions of this Agreement by the Developer, the City Council
shall be notified and the City may take such action as permitted and/or authorized by
law, this Agreement, or the ordinances and Charter of the City as the City deems
necessary to protect the public health, safety, and welfare; to protect lot buyers and
builders; and to protect the citizens of the City from hardship and undue risk. These
remedies include, but are not limited to:
(a) The refusal to issue any building permit or certificate of occupancy for
the Property;
(b) The revocation of any building permit for the Property previously
issued under which construction directly related to such building permit
has not commenced, except a building permit previously issued to a
third party,
(c) Any other remedy available at law or in equity.
Unless necessary to protect the immediate health, safety and welfare of the City
or to protect the City's interest with regard to security given for the completion of the
Public Improvements and non -City acquired public improvements, the City shall provide
the Developer thirty (30) days written notice of its intent to take any action under this
paragraph during which thirty (30) day period the Developer may cure the breach
described in the notice. Notwithstanding the foregoing, if such breach or
noncompliance cannot be reasonably cured within such thirty (30)-day period,
Developer shall be granted such additional time as is reasonably necessary provided
that Developer good faith commences to cure such breach or noncompliance within
such thirty (30)-day period and thereafter diligently completes such cure in good faith
within ninety (90) days after such notice from the City unless the City and Developer
otherwise agree to a longer cure period.
7. Installation and Phasing of Public and On -Site Infrastructure. The public
improvements to serve the Property are divided into two categories: The "Public
Improvements" (defined to include those improvements to be conveyed to the City) and
all other improvements not to be conveyed to the City (defined as the "non -City -
acquired public improvements"), all as shown on the Final Approvals. All Public
Improvements shall be installed and completed at the expense of the Developer within
the timeframes set forth in Section 10 of this Agreement and as outlined in Exhibit C,
with only such exceptions as shall be approved in advance by the Director in the
exercise of his or her sole discretion.
Construction of public improvements in City Right -of -Way shall be limited to the
hours of 7:00 a.m. to 5:00 p.m. Monday through Friday. The Developer may request to
perform work in the Right -of -Way outside of these days and/or times, subject to
approval from the Public Works Department, and the Developer shall be liable for any
overtime payments required by the inspector (per Section 21-53a of the City Code).
Construction of private improvements, including construction of buildings,
driveways, private retaining walls, or demolition, and installation of landscaping shall be
limited to the hours of 7:00 a.m. to 7:00 p.m., per Section 5-46 of the City Code.
8. Reserved.
9. Observation, Inspection and Testing. The City shall have the right to
require reasonable engineering observations and testing at the Developer's expense.
Observation and testing, acquiescence in, or approval by any engineering inspector of
the construction of physical facilities at any particular time shall not constitute the
approval by the City of any portion of the construction of such non -City acquired public
improvements. Such approval shall be made by the City, only after completion of
construction and in the manner hereinafter set forth.
The Director is designated by the City to exercise authority on its behalf under
this Agreement and to see that this Agreement is performed according to its terms.
Work under this Agreement may, without cost or claim against the City, be suspended
by the Director for substantial cause, subject to the notice and cure provisions of this
Agreement.
The Director shall, within a reasonable time after presentation, make decisions in
writing on all claims of Developer and on all other matters relating to the execution and
progress of the work or the interpretation of this Agreement, the Approved Plans and
City Requirements. All such decisions of the Director shall be final.
Subject to laws, the Director and his authorized representatives shall have free
access to the work at all times, and Developer shall furnish them with facilities for
ascertaining whether the work being performed, or the work which has been completed,
is in accordance with the requirements of the Agreement.
The Director will make periodic observations of construction (sometimes
commonly referred to as "supervision"). The purpose of these observations and
construction checking is to determine the progress of the work and to see if the work is
being performed in accordance with the Approved Plans. He will in no way be
responsible for how the work is performed, safety in, on, or about the job site, methods
of performance, or timeliness in the performance of the work.
Inspectors may be appointed to inspect materials used and work done.
Inspections may extend to all or any part of the work and to the preparation or
manufacture of the materials to be used. The inspectors will not be authorized to alter
the provisions of this Agreement or any specifications or to act as foreman for
Developer. The Inspector will have authority to reject defective materials and to
suspend any work that is being done improperly, subject to the final decision of the
Director.
10. Completion of Public Improvements and non -City acquired public
improvements. The obligations of the Developer provided for in Section 7 of this
C!
Agreement and in Exhibit C, the Phasing Plan, including the inspections hereof,
eof, shall
be performed within the time periods permitted by the building permits corresponding
thereto, and proper application for approval of completion of the non -City acquired
public improvements shall be made on or before such dates. The Developer shall make
all corrections necessary to bring the Infrastructure into conformity with the Approved
Plans.
11. Deferred Installation of Landscaping and Financial Guarantee. If a
Certificate of Occupancy ("CO") is requested prior to completion of landscaping and
irrigation, based on said CO request being made outside of normal planting season, an
escrow account shall be accepted for the completion of necessary landscaping and
irrigation. Said financial guarantee shall be in the amount of one hundred and twenty
five percent (125%) of the cost of installation. Escrows shall not be released until all
planting and finish materials shown on the approved landscape plan within a specific
Phase as shown on Exhibit C are installed and accepted and the irrigation is installed
and functional. The amount of the escrow shall be based on the City's standard
itemized costs for required landscaping and irrigation in the City Requirements. Should
the required landscaping not be properly installed upon the expiration of the escrow
account, the City reserves the right to use such funds to have the required landscaping
placed upon the Property. Any costs reasonably incurred by the City in excess of the
funds provided by the escrow shall be payable by Developer to the City within thirty (30)
days after Developer's receipt of invoices and reasonable back up for such excess
costs. If Developer fails to pay such amounts, the same may be recovered by the City
through normal lien proceedings.
12. Construction Protection. During the duration of construction of the Project,
the Developer shall make good any damage, injury or loss to the City's property except
such as may be caused directly by authorized agents or employees of the City.
Developer shall also adequately protect adjacent property and shall provide and
maintain all passageways, guard fences, lights and other facilities for protection
required by public authority or local conditions.
During construction of the Project, the Developer shall be responsible for damage to
any public and private property on and adjacent to the site of Developer's improvements
caused by negligent or willful acts of Developer, its agents or subcontractors.
Developer shall take all reasonable effort necessary to prevent damage to pipes,
conduits, and other underground structures and to overhead wires, and to water quality.
Developer shall protect carefully from disturbance or damage all land monuments and
property marks until an authorized agent of the City has witnessed or otherwise
referenced their location and shall not remove them until directed. When any direct or
indirect damage or injury is done to public or private property by or on account of any
act, omission, neglect or misconduct in the construction of Improvements, or in
consequence of the non -execution thereof on his part, such damaged property shall be
restored by Developer at its own expense to a condition similar or equal to that existing
before such damage or injury.
I
During construction of the Project, the Developer shall at all times, whether or not so
specifically directed by the Director, take necessary precautions to insure the protection
of the public. Developer shall furnish, erect and maintain, at its own expense, all
necessary barricades, suitable and sufficient red lights, construction signs, provide a
sufficient number of watchmen, and take all necessary precautions for the protection of
the work and safety of the public through or around the Property's construction
operations as Developer and the Director shall deem reasonably necessary.
13. Related Costs —Public Improvements non -City acquired public
improvements. The Developer shall provide all necessary engineering designs,
surveys, field surveys, testing and incidental services related to the construction of the
non -City acquired public improvements at its sole cost and expense, including final
drainage study letter certified accurate by a professional engineer registered in the
State of Colorado.
14. Improvements to be the Property of the City. All Public Improvements for
roads, concrete curb and gutters, public storm sewers and public drainage
improvements accepted by the City shall be dedicated to the City and warranted for a
period of twenty-four (24) months following acceptance by the City, as provided above.
15. Conditions of completion for Public Improvements and non -City acquired
public improvements. In order to secure the construction and installation of the non -City
acquired public improvements, the Developer hereby covenants and agrees as follows:
(a) No building permit shall be issued by the City for vertical construction
within the Property until the requirements for non -City acquired public
improvements listed on Exhibit C specifically applicable to the
Property or phase, as applicable, on Exhibit C have been constructed
and approved by the City.
(b) No certificate of occupancy shall be issued by the City for the Property
until the Public Improvements and non -City acquired public
improvements listed on Exhibit C specifically applicable to the
Property or phase, as applicable, on Exhibit C have been constructed
and approved by the City.
16. Reserved.
17. Indemnification. Except to the extent caused directly by authorized agents
or employees of the City, the Developer shall indemnify and hold harmless the City and
its officers, employees, agents, or servants from any and all suits, actions, and claims of
every nature and description caused by, arising from or on account of any act or
omission of the Developer, or of any other person or entity for whose act or omission
the Developer is liable, with respect to the Public Improvements and non -City acquired
public improvements; and the Developer shall pay any and all judgments rendered
against the City as a result of any suit, action, or claim, together with all reasonable
expenses and attorney's fees and costs incurred by the City in defending any such suit,
action or claim provided such suit, action, or claim. This indemnity does not include any
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legal action commenced by a third party against the City for any accidents, crimes or
similar events not caused in whole or in part by the Developer or its agents, contractors
or employees and outside of the Developers control. The Developer shall pay all
property taxes due on any portion of the Property to be dedicated to the City and shall
indemnify and hold harmless the City for any property tax liability in connection
therewith.
18. Waiver of Defects. In executing this Agreement, the Developer waives all
objections it may have concerning defects, if any, in the formalities whereby it is
executed, or concerning the power of the City to impose conditions on the Developer as
set forth herein, and concerning the procedure, substance, and form of the ordinances
or resolutions adopting this Agreement.
19. Third Party Beneficiaries. There are and shall be no third party
beneficiaries to this Agreement.
20. Modifications. This instrument embodies the whole agreement of the
Parties. There are no promises, terms, conditions, or obligations other than those
contained herein; and this Agreement shall supersede all previous communications,
representations, or agreements, either verbal or written, between the Parties. There
shall be no modification of this Agreement except in writing, executed with the same
formalities as this instrument. Subject to the conditions precedent herein, this
Agreement may be enforced in any court of competent jurisdiction.
21. Release of Liability. It is expressly understood that the City cannot be
legally bound by the representations of any of its agents or their designees except in
accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State
of Colorado.
22. Captions. The captions to this Agreement are inserted only for the
purpose of convenient reference and in no way define, limit, or prescribe the scope or
intent of this Agreement or any part thereof.
23. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the Parties hereto and their respective heirs, successors, and assigns as the
case may be.
24. No Waiver. No waiver of any of the provisions of this Agreement shall be
deemed or constitute a waiver of any other provisions herein, nor shall such waiver
constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver
of any default hereunder be deemed a waiver of any subsequent default hereunder.
25. Invalid Provision. If any provision of this Agreement shall be determined
to be void by any court of competent jurisdiction, then such determination shall not
affect any other provision hereof, all of the other provisions shall remain in full force and
effect. It is the intention of the Parties that if any provision of this Agreement is capable
of two constructions, one of which would render the provision void, and the other which
0
would render the provision valid, then the provision shall have the meaning which
renders it valid.
26. Governing Law. The laws of the State of Colorado shall govern the
validity, performance and enforcement of this Agreement. Should either party institute
legal suit or action for enforcement of any obligation contained herein, venue of such
suit or action shall be in Jefferson County, Colorado.
27. Attorneys Fees. Should this Agreement become the subject of litigation to
resolve a dispute over the interpretation of this Agreement or either party's rights or
obligations hereunder, the prevailing party will receive reimbursement from the non -
prevailing party of the prevailing party's reasonable attorney's fees and costs.
28. Notice. All notices required under this Agreement shall be in writing and
shall be hand delivered or sent by registered or certified mail, return receipt requested,
postage prepaid, to the addresses of the Parties herein set forth. All notices so given
shall be considered effective seventy-two (72) hours after deposit in the United States
mail with the proper address as set forth below. Either Party by notice so given may
change the address to which future notices shall be sent.
Notice to Developer:
with a copy to:
BHG-HS of Wheat Ridge, LLC
c/o Steve Martodam
2640 47th Street South
Fargo, ND 58104
Conmy Feste Ltd.
Attention: Jeremy D. Holmes
406 Maine Avenue, Suite 200
P.O. Box 2686
Fargo, ND 58108
Notice to City: Community Development Director
7500 West 29th Avenue
Wheat Ridge, CO 80033
City Attorney
7500 West 29th Avenue
Wheat Ridge, CO 80033
29. Force Maieure. For purposes hereof, "Force Majeure" shall mean delay
beyond the reasonable control of the party claiming the delay, including, but not limited
to, acts of God, government mandated closures, incidence of disease or other illness
that reaches outbreak, epidemic and/or pandemic proportions, any delay caused by any
action, inaction, order, ruling, moratorium, regulation, statute, condition or other decision
of any governmental or quasi -governmental agency or entity having jurisdiction over any
portion of the Project, over the construction of the Public Improvements and
Infrastructures or over any uses thereof, or by delays caused by any action, inaction,
condition or other decision by any utility company responsible for "dry" utilities, or by
delays in inspections or in issuing approvals or permits by governmental or quasi -
governmental agencies, or by fire, casualty, flood, adverse weather conditions such as,
by way of illustration and not limitation, wind, snow storms which prevent outdoor work
from being accomplished, severe rain storms or below freezing temperatures of
abnormal degree or for an abnormal duration, tornadoes, earthquakes, floods, strikes,
lockouts or other labor or industrial disturbance (whether or not on the part of agents or
employees of either Party hereto engaged in the construction of the Infrastructures),
civil disturbance, order of any government, court or regulatory body claiming jurisdiction
or otherwise, act of public enemy, war, riot, sabotage, blockage, embargo, failure or
inability to secure materials or labor (including labor and materials shortages caused by
national weather or other national events), or other natural or civil disaster, delays
caused by any dispute resolution process provided herein or by the City Requirements,
or any delays by injunctions or lawsuits concerning the overall project. Lack of funds or
inability to obtain internal approvals shall not constitute Force Majeure. Any deadline
hereunder shall be extended by Force Majeure.
30. Assignment or Assignments. There shall be no transfer or assignment of
any of the rights or obligations of the Developer under this Agreement without the prior
written approval of the City, except that Developer shall have the right, with concurrent
written notice to the City, to assign or partially assign this Agreement to any affiliate or
subsidiary of Developer or any successor owner or ground lessee of the Property.
31. Recording of Agreement. This Agreement shall be recorded in the real
estate records of Jefferson County and shall be a covenant running with the Property in
order to put prospective purchases or other interested parties on notice as to the terms
and provisions hereof. Notwithstanding anything contained herein to the contrary, this
Agreement shall terminate and be of no further force and effect once Developer or its
successors and assigns have completed and satisfied all obligations under this
Agreement.
32. Title and Authority. The Developer expressly warrants and represents to
the City that it is the record owner of the property constituting the Property and further
represents and warrants that the undersigned individual(s) has or have full power and
authority to enter into this Subdivision Improvement Agreement. The Developer
understands that the City is relying on such representations and warranties in entering
into this Agreement.
[Remainder of page intentionally left blank]
WHEREFORE, the Parties hereto have executed this Agreement on the day and
year first above written.
CITY OF WHEAT RIDGE, COLORADO
By: X '/ "�
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
FA
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id
DEVELOPER
Brandt Hospitality Group, Inc
By: Steve Martodam
BHG-HS of Wheat Ridge, LLC
Its: Owner
By: BHG-HS of Wheat Ridge, LLC
Its: Owner
By: BHG-HS of Wheat Ridge, LLC
Name -Steve Martodam
Title: Presiden
NVAAA ��
STATE OF-CG 4-_�� )
COUNTY OF )ss. �i S )
On this the �; day of , 2023, before me, the undersigned
Notary Public in and for said County and State, personally appeared Steve Martodam
the President and Chief Operating Officer of Brandt Hospitality Group, as manager for
BHG-HS of Wheat Ridge, LLC personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he or she executed
the instrument in such person's authorized capacity, and that by his or her signature on
the instrument the entity on behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
1
CASEY ANHORN Notary Pu w lic
Notary Public
State of North Dakota
My Commission Expires June 17, 2 226 My Commission Expires:
;SEAL)
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EXHIBIT A
Legal Description of Property
LOT 2, BLOCK 4, CLEAR CREEK CROSSING LOT 2, BLOCK 4 REPLAT, CITY OF
WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
Exhibit A, Page I
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EXHIBIT B
Final Plat
(see attached)
Exhibit B, Page I
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EXHIBIT C
Phasing Plan for Public Improvements and non -City acquired Improvements
The Public Improvements and non -City acquired Improvements shall be installed as
outlined below.
Consistent with the Subdivision Improvement Agreement with the Master Development
(reception number 2018065899) and with the approvals for this Project, Public
Improvements and non -City acquired public improvements shall be installed in
conjunction with Block 4 Public Infrastructures as follows:
• No site -specific permits shall be issued prior to:
o Recordation of the plat,
o Recordation of this Agreement, and
o Recordation of the Specific Development Plan for Hampton Inn at Clear
Creek Crossing.
Permits also require approval of civil engineering plans, drainage and traffic
conformance letters, construction control plan, and cost estimates.
• Retaining wall permit may be issued upon approval of retaining wall plans.
• If a Site Work Permit is desired, it may be issued upon approval of civil
engineering plans, construction control plan, cost estimates, stormwater
management plan (SWMP), and payment of City of Wheat Ridge use tax. If no
site work permit will be obtained, these requirements shall be met prior to
issuance of the vertical building permit.
• Prior to issuance of each permit, the following fees associated with that permit
shall be paid:
o City of Wheat Ridge building use tax
o Building permit and plan review fees
• Prior to any vertical construction, the following shall be completed and accepted
by the City:
o Written notification to City and West Metro Fire Protection District of intent
to commence combustible vertical construction
o Installation of water mains and activations of fire hydrants with written
acknowledgement from Consolidated Mutual Water District that fire
hydrants are active
o Installation of all-weather fire access and access adequate for conducting
inspections, including off -site access as approved in Block 4 Public
Infrastructure plans. Refer to the access exhibit in Exhibit C-1.
• Prior to issuance of the Certificate of Occupancy, the following shall be
completed with Public Improvements to be accepted by the City:
o All on and off -site improvements as approved in Block 4 Public
Infrastructure plans, including Public Improvements and non -City acquired
improvements.
o Non -city acquired improvements, including:
f 002551 13 41 Exhibit C, Page 1
P-
Adjacent sidewalks, parking lots, drainage inlets and associated
piping, retaining walls, lighting, landscaping, and all utilities
■ Temporary curbing at future access on the south side
■ Shared access to the adjacent Block 5 (Outlook II) within the limits
of the Project, including top lift, crosswalk striping, curb returns and
landscape restoration, except if the Outlook II site is still under
construction when Certificate of Occupancy is requested. In that
case, the responsibility for the top lift and associated work would be
required to be completed prior to final Certificate of Occupancy for
Outlook II.
■ Completion of that portion of Prospect Trail lying on the Property.
o Public Improvements including widening of the access point to the
Property and shared access to the adjacent Block 5 of Clear Creek
Crossing, including landscape restoration.
• Exception to the above requirements:
o Installation of landscaping, street trees, and irrigation is not required prior
to Certificate of Occupancy if issuance of the C.O. occurs outside of the
planting season, generally October to June. Refer to Section 10 of the
Development Agreement.
Exhibit C, Page 2
EXHIBIT C-1
Access Exhibit
(see attached)
Exhibit C-1, Page 1
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