Final Map No. 8679
Subdivision Improvement Agreement page 1 of 14
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Oakland
Planning and Building Department
Dalziel Administration Building
250 Frank H. Ogawa Plaza – 2nd Floor
Oakland, CA 94612
Attention: City Engineer
This document is exempt from payment
of a recording fee pursuant to California
Government Code section 27383.
SPACE ABOVE FOR RECORDER’S USE
SUBDIVISION IMPROVEMENT AGREEMENT
Deferred Construction of Public Infrastructure Improvements
4035 Park Boulevard
Final Map No. 8679
This SUBDIVISION IMPROVEMENT AGREEMENT (“ Agreement ”), dated March ___, 2025 (“ Effective Date ”), is entered into by and between the City of Oakl and, a California municipal corporation (“ CITY ”), and 4035 PARK BOULEVARD, LLC, a California limi ted liability company (“ SUBDIVIDER ”), collectively the “Parties,” with reference to the following facts and circumstances:
RECITALS
A. SUBDIVIDER is the owner in fee title and subdivider of a single (1) lot located within the corporate limits of the CITY, which is i dentified by the Alameda County Assessor as APN 024-0533-007, and by the City of Oakland as 4035 Park Boulevard.
B. SUBDIVIDER has presented a Final Map to the City, identified as Final Map No. 8679, which proposes a subdivision of eight (8) developable mini-lots. The Final Map is attached hereto at Exhibit A .
C. The Final Map has been prepared in accordance with the Subdivision Map Act of the State of California, the subdivision ordinances of the CITY, and the tentative tract map of the subdivision previously approved by the City Planning Commission on March 6, 2024.
D. SUBDIVIDER has asked the CITY and local public utility companies to accept the permanent maintenance of the required Public Infras tructure Improvements shown on the
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construction plans accompanying permit number PX2400011 and included in Exhibit B , attached hereto and incorporated herein.
E. Construction of the required Public Infrastructure Improvements, however, has not commenced nor has it been accepted by the CITY. Con sequently, and in consideration of the approval of the proposed Tract Map and acceptance of the permanent maintenance of the required Public Infrastructure Improvements, the parties des ire to establish an Agreement binding the SUBDIVIDER to complete the required improvements pu rsuant to the terms and conditions set forth herein.
AGREEMENT
ACCORDINGLY, for good and valuable consideration, the receipt a nd adequacy of which are hereby acknowledged, the CITY and the SUBDIVIDER agree as follows:
1. Approval of Final Map No. 8679
Approval of the Final Map No. 8679 by the CITY shal l be conditioned upon recordation of this Agreement with the Alameda County Recorder, as well as SUBDIVIDER’s satisfactory performance of its obligations specified in this Agreement, as determined by the CITY.
2. Construction of Public Infrastructure Improveme nts
The SUBDIVIDER shall construct all required off-sit e and on-site Public Infrastructure Improvements in strict accordance with all permits, specifications, plans and applicable CITY standards and performance criteria as specified in Exhibit B and set forth below in Section 3, Special Conditions.
3. Special Conditions
SUBDIVIDER shall comply with the special conditions as follows:
A. The Public Infrastructure Improvements shall c onform to the performance criteria specified in Oakland Municipal Code (OMC) Chapter 16.16 – Design Standards and in Standard Details for Public Works Construction and Standard Specifications for Public Works Construction, current editions.
B. The time duration for the completion of required Pu blic Infrastructure Improvements, as set forth in Section 4 below, shall include allowance for construction workday delays attributable to consecutive and intermittent inclement weather, as has been recorded by the United States Weather Bureau for the CITY and surrounding area and seasonally averaged for the previous ten years.
C. All construction activities related to the Public I nfrastructure Improvements (including, without limitation, hours, days, and months of operation and control of public nuisance conditions) shall conform to the requirements of all CITY Conditions of Approval for the project, the OMC, including section 15.04.780 and subsection s 3304.6 and 3304.11 and the Standard Conditions of Approval and Mitigation Monitoring an d Reporting Program (“SCAMMRP”)
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approved by the City Planning Commission on March 6, 2024.
D. Performance standards for the construction of the P ublic Infrastructure Improvements shall comply with the requirements of OMC Chapter 17.120 and with regional, state, and federal regulations for “Best Management Practices” for erosion and sedimentation control, including a California Construction Genera l Permit with a Storm Water Pollution Prevention Plan (SWPPP – “C6”) provided by a Qualif ied SWPPP Developer (“QSD”) and monitored by a Qualified SWPPP Practitioner (“QSP”).
E. In order to safeguard life, public and private property, and to ensure that the work will be carried out in an orderly manner in conformance with all regulations and without creating a public nuisance, the City Engineer may add to, remove, or change these Special Conditions from time to time during the duration of the permit as he or she deems reasonably necessary.
4. Completion of Public Infrastructure Improvemen ts
A. All construction of the required Public Infrastr ucture Improvements shall be completed by the SUBDIVIDER within one (1) year of the Effective Date of this Agreement, except those required improvements for which another completion date is stated in Exhibit B or set forth above in Section 3, Special Conditions. Construction shall not be deemed complete until the public infrastructure permit has received a fin al inspection sign-off by the city inspector, an unconditional Letter of Completion, signed and stam ped by the SUBDIVIDER’s engineer, has been received by the CITY, and an unconditional Letter of Completion has been issued by the City Engineer.
B. The City Engineer may extend the time for comp letion of the required Public Infrastructure Improvements upon demonstration of g ood cause. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle the SUBDIVIDER to an extension under this Section 4B.
C. An extension may be granted without notice to the SUBDIVIDER’s surety, and extensions so granted shall not relieve the surety’ s liability on any of the bonds required by this Agreement.
D. In the event that an extension is granted, the SUBDIVIDER agrees to promptly extend the term of all surety bonds securing its performance under this Agreement, and/or provide additional bonds or other surety acceptable to the CITY. All such bonds and/or other surety are subject to review and approval by the City Attorney for legal sufficiency, and if no bonds or other surety acceptable to the City Attorney are provided to secure the SUBDIVIDER’s performance, the extension shall be void.
5. Acceptance of Dedications and Ownership of Pub lic Infrastructure Improvements
Upon final approval of the Public Infrastructure Improvement permit and unconditional issuance of a Certificate of Completion, and all improvements required by this Agreement shall become the sole property of the CITY. The CITY will subsequently accept the permanent maintenance of the these improvements as set forth below in Section 7, Maintenance of Public Infrastructure
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Improvements, and Section 8, Guarantee of Workmanship and Warranty of Equipment, Materials, and Expertise.
6. Responsibility for Public Infrastructure Impro vements
Until the Certificate of Completion is unconditionally issued, the SUBDIVIDER shall give good and adequate warning to the public of each and every defective or dangerous condition existing or arising within all public right-of-way and public e asements offered for dedication, and shall adequately protect the public from said unsafe conditions. Warning to and protection of the public shall remain the sole responsibility and expense of the SUBDIVIDER until such time as the Certificate of Completion is unconditionally issued.
7. Maintenance of Public Infrastructure Improveme nts
Until two (2) years have elapsed following the unco nditional issuance of the Certificate of Completion, the SUBDIVIDER shall maintain the const ruction of the required public infrastructure improvements and shall immediately p erform or cause to be performed at its sole expense all necessary repairs, replacements, additions, or other corrective actions.
8. Guarantee of Workmanship and Warranty of Equip ment, Materials, and Expertise
Until two (2) years has elapsed following the uncon ditional issuance of the Certificate of Completion, SUBDIVIDER warrants that the required P ublic Infrastructure Improvements, including the equipment and materials provided for the required improvements, are and will be free from defects and guarantees that the construction of the required improvements is and will be free from deficiencies and that the required improvements will perform satisfactorily in accordance with the specifications, plans and applicable CITY standards and performance criteria as specified in Exhibit A and set forth above in Section 3, Special Conditions. SUBDIVIDER further warrants that its design professionals are competent, that their analyses are adequate, and that their designs will meet or exceed the applicable CITY standards a nd performance criteria and in strict accordance with all permits, specifications, plans and applicable CITY standards and performance criteria as specified in the permits incorporated by reference pursuant to Section 21, the Conditions of Approval for the Project, and the OMC, and any o ther relevant Federal, State or local regulations, as well as those set forth below in Section 3, Special Conditions.
If at any time before the expiration of the guarant ee and warranty period specified herein said designs prove to be inadequate in any respect, as d etermined by the City Engineer, the SUBDIVIDER shall make changes at its sole expense necessary to assure conformance with said standards and criteria.
9. Inspection of Construction, Equipment, And Mat erials
Inspection of the construction, equipment and mater ials, or approval of the construction, equipment and materials inspected, or statement by any officer, agent, or employee of the CITY indicating the construction, equipment and material s, or any part thereof, comply with the requirements and conditions of this Agreement, or a cceptance of the whole or any part of the construction and materials, or payments thereof, or any combinations, or any combination, or all of these acts shall not relieve the SUBDIVIDER of i ts obligation to fulfill this Agreement as
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prescribed herein; nor shall the CITY be thereby estopped from bringing any action for damages arising from the failure of the SUBDIVIDER to compl y with any of the requirements and conditions of this Agreement.
10. Payment of Fees and Penalties and Accrued Inte rest
Prior to issuance of the Certificate of Completion and prior to acceptance by the CITY of the required Public Infrastructure Improvements for permanent maintenance, the SUBDIVIDER shall pay all fees and penalties and accrued interest to the CITY and other public agencies that remain unpaid. Interest on amounts owed to the CITY shall accrue at the rates set forth in its Master Fee Schedule and from the date that the fees and penalt ies are assessed and shall continue until full payment is received, whether or not any conditions of this Agreement are extended or modified.
11. Reversion to Acreage
If the SUBDIVIDER fails to perform its obligations under this Agreement, the SUBDIVIDER consents to the reversion to acreage of the land th at is the subject of this Agreement pursuant to Government Code section 66499.16, and to bear all applicable costs.
12. Property Acquisition
If the SUBDIVIDER is unable to acquire property req uired for the construction of required improvements, the SUBDIVIDER agrees to execute the standard CITY Contract for Real Property Acquisition to provide for acquisition through eminent domain.
13. Security
SUBDIVIDER shall present to the CITY surety bonds, in a form satisfactory to the City Attorney, issued by a corporate surety authorized to issue said security in the State of California as follows:
A. Before execution of this Agreement, the followi ng securities shall be presented:
1. Faithful Performance Bond in a face amount not less than One-Hundred Fifty-One Thousand Six-Hundred Ten Dollars ($151,610), which is the full amount (one-hundred percent) of the City Engineer’s total estimated cos t for constructing the required on-site and off- site public infrastructure improvements, to secure faithful performance of this Agreement by the SUBDIVIDER; and
2. Labor and Materials Bond in a face amount not less than Seventy-Five Thousand Eight-Hundred Five Dollars ($75,805 ), which is one-half (fifty percent) of the full amount of the City Engineer’s total estimated cost for constructing the required on-site and off- site public infrastructure improvements, to secure payment by the SUBDIVIDER to its contractor, subcontractors, laborers and material suppliers fur nishing supervision, labor, materials and equipment engaged in the construction pursuant to this Agreement, and further to secure payment as required by the Unemployment Insurance Act.
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The Faithful Performance Bond and the Labor and Materials Bond shall not be limited in duration nor stipulate a date of expiration and shall remain in effect until the unconditional issuance of the Certificate of Completion of the required Public Infrastructure Improvements.
B. Before final approval of the Public Infrastruct ure Improvements, the following security shall be presented:
Maintenance Bond in a face amount not less than Thirty-Seven Thousa nd Nine-Hundred Three Dollars ( $37,903 ) (twenty-five percent) of the full amount of the C ity Engineer’s total estimated cost for constructing the required on-sit e and off-site public infrastructure improvements, to secure faithful performance of Section 7, Maintenance of Public Infrastructure Improvements, and Section 8, Guarantee of Workmanship and Warranty of Equipment, Materials, and Expertise, above. This Maintenance Bond shall remain in effect for not less than two (2) years after the date of the unconditional issuance of the Certificate of Completion of the required Public Infrastructure Improvements.
C. Pursuant to Government Code section 66499.4, the obligation guaranteed by each bond shall include costs and reasonable expenses and fees, including reasonable attorney fees and expert witness fees, incurred by the CITY in successfully enforcing said obligations and shall be in addition to the face amount of each bond.
D. All such bonds and/or other surety are subject t o review and approval by the City Attorney for legal sufficiency, and if no bonds or other surety acceptable to the City Attorney are provided, this Agreement shall be void.
14. Alternative Security
In lieu of the bonds required above in Section 13, Security, alternative securities may be substituted by the SUBDIVIDER in a form provided by Government Code Section 66499.3 and subject to review and approval by the City Attorney.
15. Defense, Indemnity, and Hold Harmless
A
. To the maximum extent permitted by law, SUBDIVIDER shall defend (with counsel acceptable to the CITY), hold harmless, and indemnify the CITY, the Oakland City Council, and its respective officials, officers, em ployees, agents, representatives, and volunteers (collectively, the “ City Parties ”) from any and all liability, claims, demands, los ses (direct or indirect), lawsuits, actions, causes of action, proceeding and judgments for injury and/or damages of any kind and nature whatsoever (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff time, expenses or cost s) (collectively called “Action”) arising out of, related to or caused by performance of this Agreeme nt, including without limitation the design, construction and/or maintenance (for a period of two (2) years following unconditional issuance of the Certificate of Completion) of the Public Infrastructure Improvements, except for injuries and damages caused by the sole gross negligence of the City Parties. The CITY may elect, in its sole and absolute discretion, to participate in the defense of said Action, and the SUBDIVIDER shall reimburse the CITY for its reasonable legal costs a nd attorneys’ fees. Not in limitation of the foregoing, SUBDIVIDER further agrees to defend and protect the City Parties from all liability or
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claims because of, or arising out of, the use of any patent or patented articles in the construction of said improvements.
SUBDIVIDER waives all claims and recourse against the CITY, including, without limitation, the right of contribution for loss or damage to persons or property, arising from, growing out of, or in any way connected with or incident to the work performed or failed to be performed under this Agreement except claims and recourse ari sing directly from the sole gross negligence of the City Parties. This Defense, Indemnity, and H old Harmless section shall survive the termination of this Agreement.
B. Within ten (10) calendar days of the filing of any Action as specified in subsection A above, SUBDIVIDER shall execute a Joint Defense Letter Agreement with the CITY, acceptable to the City Attorney, which memorializes the above obligations. These obligations and the Joint Defense Letter of Agreement shall survive termination, extinguishment or invalidation of this Agreement. Failure to timely execute the Joint Defense Letter Agreement does not relieve SUBDIVIDER of any of the obligations contained in t his Agreement or other requirements that may be imposed by the CITY.
16. Insurance Required
SUBDIVIDER shall procure and maintain for the duration of the Agreement sufficient insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by SUBDI VIDER and his agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Lia bility coverage (“occurrence” form CG 0001).
2 . Insurance Services Office form number CA 0001 cov ering Automobile Liability, code 1 “any auto.”
3 . Workers’ Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
B. Minimum Limits of Insurance
1. Commercial General Liability insurance, including but not limited to, Bodily Injury, Broad Form Property Damage, Contract ual Liability, Operations, Products and Completed Operations, Owners and Contractors Protective Liability, and/or XCU coverage, when applicable, with limits not less than $2,000,000.00 combined single limit per occurrence for bodily damage, personal injury and property damage. The li mits of insurance shall apply separately to this project or location. The policy shall contain a severability of interest clause or cross liability clause or the equivalent thereof.
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2. Automobile Liability with limits not less than $2,000,000.00 combined single limit per accident for bodily injury and property damage.
3. Worker’s Compensation insurance as required by the laws of the State of California with limits not less than $1,000,000.00 . Statutory coverage may include Employers Liability coverage. The SUBDIVIDER certifies that h e/she is aware of the provisions of section 3700 of the California Labor Code, which requires e very employer to provide Workers’ Compensation coverage, or to undertake self-insurance in accordance with the provisions of that Code. The SUBDIVIDER shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work unde r this Agreement and thereafter as required by that code.
4. Professional Liability/Errors/Omissions insurance with limits not less than $1,000,000.00 .
5. Builders’ Risk/Course of Construction insurance covering all risks of loss with limits not less than the completed value of the project with no coinsurance penalty provisions.
The CITY shall be named as loss payee under this po licy. The insurer shall waive all rights of subrogation against the CITY.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either:
1. The insurer shall reduce or eliminate such ded uctibles or self-insured retentions with respect to the City Parties; or
2. The SUBDIVIDER shall procure a bond guaranteein g payment of losses and related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The general and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
1. The City Parties are to be covered as addition al insured as respects: liability arising out of activities performed by or on behalf of the SUBDIVIDER, products and completed operations of the SUBDIVIDER; premises owned, occup ied or used by the SUBDIVIDER, or automobiles owned, leased, hired or borrowed by the SUBDIVIDER. The coverage shall contain no special limitations on the scope of protection afforded to the City Parties.
2. The SUBDIVIDER’s insurance coverage shall be p rimary insurance as respects the City Parties. Any insurance or self-insurance maintained by the City Parties shall be excess of the SUBDIVIDER’s insurance and shall not contribute with it.
3. Any failure to comply with reporting provision s of the policies required by this clause, including breaches of warranties, shall not affect coverage provided to the City Parties.
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4. SUBDIVIDER’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5. The insurer shall agree to waive all rights of subrogation against the City Parties for losses arising from work performed by SUBDIVIDER for the CITY.
6. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except for non-payment of premium, by either party, except after thirty (30) days prior written notice by certified mail, return receipt required, has been given to the CITY. In the event the policy is canceled for non-payment of premium, ten (10) days prior written notice, as stated above, will be given.
E. Acceptability of Insurers
If the insurance company providing coverage is licensed to do business in the State of California, the company shall have an A.M. Best rating of not l ess than A:VII. However, if the insurance company is not licensed to do business in Californi a, the A.M. Best rating shall not be less than A+:X. The maximum A.M. Best rating is A++:XV.
F. Verification of Coverage
SUBDIVIDER shall furnish the CITY with certificates of insurance and with original endorsements effecting coverage required by this cl ause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Commercial General Liability endorsement shall be a form CG 20 10 (or proprietary equivalent), attached to this form. The Commercial Automobile Liability endorsement shall be a form CA 20 48, attached to this document. All certi ficates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insuranc e policies, at any time. A STATEMENT OF
ADDITIONAL INSURED ENDORSEMENT ON THE ACORD INSURANCE CERTIFICATE
FORM IS INSUFFICIENT AND WILL BE REJECTED AS PROOF OF THE ADDITIONAL INSURED REQUIREMENT.
G. Subcontractors
SUBDIVIDER shall include all subcontractors as insu red under its policies or shall furnish separate certificates and endorsements for each sub contractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
17. Participation in Benefit Districts
SUBDIVIDER shall participate in all Benefit Districts formed by the CITY prior to the execution of this Agreement and shall pay the prorated fee due the CITY under the terms of Benefit District or Districts as applied to the real property covered by this Agreement.
18. Actions to Enforce
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Subdivision Improvement Agreement page 10 of 14 If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the pre vailing party shall be entitled to costs and reasonable expenses and fees, including reasonable attorneys’ fees and expert witness fees, in addition to any other relief to which they may be entitled.
19. Beneficiaries, Heirs, Assigns, and Successors In Interest
This Agreement pertains to and runs with the real property included within Final Map No. 8679, which land is expressly agreed to benefit from the privileges granted to SUBDIVIDER under this Agreement, and binds the beneficiaries, heirs, assigns, and successors in interest of SUBDIVIDER.
20. Exhibits
The following are exhibits to this Agreement:
Exhibit A: Final Map No. 8679
Exhibit B: Engineering Plans for PX2400011
21. Incorporation By Reference
The following documents are incorporated into this Agreement by reference :
CITY Permits :
a) Land Use PLN23019; b) Grading GR2400091; (c) Building Permits related to map on file with Accela; d) Tract Map 8679; e) Public Infrastructure Permit: PX2400011 .
City Engineer’s Estimate of the Cost of Improvements: Upright Engineering’s Engineer’s Estimate by Austin G. Payne, PE, dated January 7, 2025.
Insurer: _________________________________________________ Surety: _________________________________________________
22. Constructive Notice
This Agreement shall be filed for recordation in th e Official Records of Alameda County within ten (10) business days following execution by the CITY.
23. Effective Date
This Agreement shall be effective on the Effective Date.
24. Miscellaneous
A. Counterparts. This Agreement may be executed in any number of cou nterparts (including by fax, PDF or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
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B. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties agree that all actions or proceedings arising directly or indirectly under this Agreement shall be litigated in courts within the County of Alameda, State of California.
C. Integration. This Agreement contains the entire agreement betwee n the parties with respect to the subject matter of this Agreemen t. Any prior correspondence, memoranda, agreements, warranties or representations relating to such subject matter are superseded in total by this Agreement. No prior drafts of this Agreement o r changes from those drafts to the executed version of this Agreement shall be introduced as ev idence in any litigation or other dispute resolution proceeding by either party or any other person, and no court or other body shall consider those drafts in interpreting this Agreement.
D. Further Assurances. The CITY and the SUBDIVIDER shall execute and deliver all documents, amendments, agreements and instrumen ts reasonably necessary or reasonably required in furtherance of this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Subdivision Improvement Agreement page 12 of 14 IN WITNESS WHEREOF , the CITY and SUBDIVIDER have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
CITY*:
AUTHORIZED BY RESOLUTION NO. CITY OF OAKLAND, a mu nicipal C.M.S. corporation
APPROVED AS TO FORM:
_______________________________ By: _______________________________ OFFICE OF THE CITY ATTORNEY JESTIN D. JOHNSON
CITY ADMINISTRATOR
SUBDIVIDER*:
4035 PARK BOULEVARD, LLC
By: _______________________________
Name: _________________
Title: Authorized Signatory
*Notarized acknowledgment required.
Final Map No. 8679
Subdivision Improvement Agreement page 13 of 14 Exhibit A
Final Map No. 8679
BAY AREA LAND
SURVEYING INC
3065 RICHMOND PARKWAY, SUITE 101
RICHMOND, CA 94806
(510) 223-5167
BA
LS
BAY AREA LAND
SURVEYING INC
3065 RICHMOND PARKWAY, SUITE 101
RICHMOND, CA 94806
(510) 223-5167
BA
LS
Final Map No. 8679
Subdivision Improvement Agreement page 14 of 14 Exhibit B
Engineering Plans for PX2400011
1APPROVEDDATEDESCRIPTIONREV. NO.REVISIONS23456ADDED SANITARY SEWER LATERALS4/24/24ADDRESSED PLANCHECK COMMENTS RECIEVED 5/16/247/16/24ADDRESSED PLANCHECK COMMENTS RECIEVED 8/23/249/19/24ADDRESSED PLANCHECK COMMENTS RECIEVED 10/10/2410/18/24ADDRESSED PLANCHECK COMMENTS RECIEVED 11/5/2411/12/241 COVER SHEETSHEET NO.CHECKED BY:SURVEYED BY:DRAWN BY:DESIGNED BY:DATE:3641 MT. DIABLO BLVD. #1841LAFAYETTE, CA 94549925-275-5304, [email protected] 7PX2400011 - OFFSITE IMPROVEMENT PLAN12/20/2024PX PERMIT PLAN4035 PARK BOULEVARDOAKLAND, CAAPWZWSAP Boundary & Topographic Survey provided by Bay Area Land Surveying Inc datedJanuary 2023.
NNOT TO SCALE
SURVEY DATUMContour Interval: 1 FootAerial Photo: NoneHorizontal Datum: California Zone 3, US FootVertical Datum: NAVD88. US FootFema Map Number: 06001C0086HMAP DATASHEET INDEX 1COVER SHEET2GRADING PLAN3EROSION CONTROL PLAN4UTILITY PLAN5DRAINAGE PLAN6DETAILS7DETAILS (CON'T) 4035 PARK BLVD OAKLAND, CAPX2400011OFFSITE IMPROVEMENT PLANPX PERMIT FOR PARK BLVD & HAMPEL ST1. STOCKPILES: ALL STOCKPILES ASSOCIATED WITH THE PROJECT SHALLBE COVERED WITH PLASTIC SHEETING PRIOR TO ANY PRECIPITATIONEVENT TO PREVENT RUNOFF OF SEDIMENT. SHEETING SHALL BEFIRMLY HELD IN PLACE WITH SANDBAGS OR OTHER WEIGHTS PLACEDNO MORE THAN 10FT APART. SEAMS SHALL BE TAPED OR WEIGHTEDDOWN THEIR ENTIRE LENGTH AND THERE SHALL BE AT LEAST A 12 INCHOVERLAP.2.DUST CONTROL: BEST MANAGEMENT PRACTICES SHALL BE USEDTHROUGHOUT ALL PHASES OF CONSTRUCTION. THIS INCLUDES ANYSUSPENSION OF WORK, ALLEVIATION OR PREVENTION OF ANYFUGITIVE DUST NUISANCE AND THE DISCHARGE OF SMOKE OR ANYOTHER AIR CONTAMINANTS INTO THE ATMOSPHERE IN SUCH QUANTITYAS WILL VIOLATE ANY REGIONAL AIR POLLUTION CONTROL RULES,REGULATIONS, ORDINANCES, OR STATUTES. WATER SHALL BEAPPLIED AS REQUIRED. DUST NUISANCE SHALL ALSO BE ABATED BYCLEANING, VACUUMING AND SWEEPING OR OTHER MEANS ASNECESSARY.3.INTERIM EROSION AND SEDIMENT CONTROL: THIS PLAN INCLUDESINTERIM EROSION AND SEDIMENTATION CONTROL MEASURES TO BETAKEN DURING WET SEASONS UNTIL PERMANENT EROSION ANDSEDIMENTATION CONTROL MEASURES CAN ADEQUATELY MINIMIZEEROSION, EXCESSIVE STORM WATER RUNOFF AND SEDIMENTATION.THIS PLAN INCLUDES THE MINIMUM NECESSARY MEASURES TO BETAKEN TO PREVENT EXCESSIVE STORM WATER RUNOFF OR CARRYINGBY STORM WATER RUNOFF OF SOLID MATERIALS ON TO LANDS OFADJACENT PROPERTY OWNERS, PUBLIC STREETS, OR TOWATERCOURSES AS A RESULT OF CONDITIONS CREATED BY GRADINGOPERATIONS. ADDITIONAL MEASURES MAY BE REQUIRED IFDETERMINED BY THE CONTRACTOR, THE CITY, THE COUNTY, OR THEENGINEER AS CHANGING CONDITIONS OCCUR. GRADING SHALL NOTTAKE PLACE DURING THE RAINY SEASON WITHOUT THEIMPLEMENTATION OF ADDITIONAL BMP'S TO PREVENT EROSION ANDRUNOFF.4.PERMANENT EROSION AND SEDIMENT CONTROL: PERMENANT EROSIONAND SEDIMENT CONTROL SHALL BE PROVIDED BY LANDSCAPING OFDISTURBED AREAS OF THE PROJECT SITE. LANDSCAPING SHALLCONSIST OF SOME OR AL THE FOLLOWING: SPREADING OF MULCH,SEEDING, AND PLANTING OF CONTAINER PLANTS. ANTICIPATED TIMEUNTIL ESTABLISHMENT FOR THESE 3 LANDSCAPING METHODS IS ASFOLLOWS: IMMEDIATE, 3 MONTHS, 1 MONTH (RESPECTIVELY,ASSUMING APPROPRIATE IRRIGATION IS PROVIDED. DOWNSPOUTSSHALL BE DIRECTED INTO THE UNDERGROUND DRAINAGE SYSTEM ASINDICATED ON THE DRAINAGE PLAN OR AWAY FROM STRUCTURES.5.THIS PROJECT WILL DISPERSE ALL RUNOFF FROM ROOFS ANDHARDSCAPE AREAS TO APPROPRIATE LOCATIONS AND AS SHOWN ONTHE PLANS.6.STORMWATER DISCHARGE ADJACENT TO FOUNDATIONS AND OTHERSTRUCTURES IS NOT PERMITTED.7.WASH OUT CONCRETE EQUIPMENT/TRUCKS OFF-SITE OR INTOCONTAINED WASHOUT AREAS THAT WILL NOT ALLOW DISCHARGE OFWASH WATER ONTO THE UNDERLYING SOIL OR ONTO THESURROUNDING AREAS.
GENERAL STORMWATER NOTES
1.THESE ENGINEERING DRAWINGS ARE BASED ON CONDITIONS AT THETIME OF DESIGN AND FROM INFORMATION PROVIDED BY THE OWNER.FUTURE MODIFICATIONS TO GRADING AND SITE DEVELOPMENT COULDCAUSE EROSION AND SLOPE FAILURE.2.ALL GRADING SHALL CONFORM TO THE RECOMMENDATIONS OF THEPROJECT GEOTECHNICAL AND/OR THE PROJECT SOIL ENGINEER.3.OBSERVATION OF THE CONSTRUCTION BY THE ENGINEER DOES NOTRELIEVE THE CONTRACTOR FROM RESPONSIBILITY TO COMPLETE THECONSTRUCTION IN CONFORMANCE WITH THE PROJECT DOCUMENTSAND GENERALLY ACCEPTED STANDARDS OF PRACTICE. THE PURPOSEOF THE ENGINEERS VISITS WILL BE TO BECOME GENERALLY FAMILIARWITH THE PROGRESS AND QUALITY OF THE CONTRACTOR'S WORK ANDDETERMINE IF THE WORK IS PROGRESSING IN GENERALCONFORMANCE WITH OUR DESIGN INTENT.4.LOCATIONS OF CUTS AND FILLS ARE APPROXIMATE. CONTRACTOR TOVERIFY GRADING EXTENTS IN THE FIELD.5.RECORD DRAWINGS SHALL BE PROVIDED TO THE CITY UPON THECOMPLETION OF PROJECT AND PRIOR TO FINAL ACCEPTANCE.
GENERAL NOTES
PROJECT SITEVICINITY MAP1.THE EXISTING UTILITY INFORMATION SHOWN IS NOT MEANT TO BE AFULL CATALOG OF EXISTING CONDITIONS. PRIOR TO COMMENCEMENTOF CONSTRUCTION, CONTRACTOR SHALL REVIEW EXISTING RECORDDRAWINGS AND CONDUCT FIELD INVESTIGATIONS TO VERIFY THELOCATION AND ELEVATIONS OF EXISTING UTILITIES, WHETHER SHOWNON THESE PLANS OR NOT. CONTRACTOR SHALL NOTIFY THE CIVILENGINEER IMMEDIATELY UPON DISCOVERY OF DISCREPANCIESBETWEEN EXISTING CONDITIONS AND INFORMATION SHOWN ON THECONSTRUCTION DRAWINGS.2.PRIOR TO CONSTRUCTION COMMENCEMENT, THE CONTRACTOR ANDENGINEER SHALL NOTIFY THE CITY’S DEPARTMENT OFTRANSPORTATION TO SCHEDULE A PRE-CONSTRUCTION MEETING, ANDARRANGE FOR INSPECTIONS FOR ALL IMPROVEMENTS WITHIN THEPUBLIC RIGHT OF WAY.3.LIMITS OF RESTORATION MAY DIFFER FROM PLANS IN FIELD BASED ONCITY INSPECTOR’S REQUIREMENTS.4.CONTRACTOR SHALL NOT DISTURB OR DISPLACE CITY MONUMENTS.NO CONSTRUCTION IS ALLOWED WITHIN 15 FEET WITHOUTCOORDINATION WITH CITY SURVEYOR.5.CONTRACTOR SHALL TAKE PREVENTIVE MEASURES TO PROTECTEXISTING MONUMENTS AND/OR BENCH MARKS IN AND ADJACENT TOTHE CONSTRUCTION SITE. CONTRACTOR’S ATTENTION IS DIRECTED TOSECTION 8771 OF THE BUSINESS AND PROFESSIONAL CODEREGARDING THE PRESERVATION OF MONUMENTS. NO DEMOLITION,SITE PREPARATION, OR CONSTRUCTION ACTIVITIES SHALL COMMENCEUNTIL THE CITY HAS PREPARED CORNER RECORDS AS REQUIRED BYTHIS LAW. THE CONTRACTOR SHALL NOTIFY THE OFFICE OF THE CITYSURVEYOR NO LESS THAN TWO WEEKS NOR MORE THAN FOUR WEEKSPRIOR TO ANY STAGING OR CONSTRUCTION WORK AT THE SITE. THECITY SURVEYOR SHALL NOTIFY THE ENGINEER WHEN THE WORK HASBEEN PERFORMED.6.IN THE EVENT THAT A CITY MONUMENT MUST BE OR IS ACCIDENTALLYDISTURBED OR DESTROYED IT WILL BE REPLACED. THE CONTRACTORSHALL BE RESPONSIBLE FOR ALL COSTS FOR MONUMENTS WHICH AREDESTROYED OR DISPLACED WITHOUT THE APPROVAL OF THE CITYSURVEYOR. CONTRACTOR IS ADVISED THAT THE REPLACEMENTMONUMENT MIGHT NOT BE LOCATED IN ITS ORIGINAL POSITION. THENEW POSITION OF THE REPLACEMENT MONUMENTS SHALL BEAPPROVED IN ADVANCE BY THE CITY SURVEYOR.7.CONTRACTOR’S ATTENTION IS HEREBY DIRECTED TO THOSE PORTIONSOF SECTION 8771 OF THE BUSINESS AND PROFESSIONAL CODEREGARDING THE RETENTION OF FUNDS IN ISSUES WHERE MONUMENTSHAVE BEEN LOST OR DESTROYED WITHOUT AUTHORIZATION.8.ALL CONSTRUCTION STAKING FOR CURB, GUTTER, SIDEWALK,SANITARY SEWERS, STORM DRAINS, ETC., SHALL BE DONE BY A CIVILENGINEER OR LAND SURVEYOR REGISTERED IN THE STATE OFCALIFORNIA.
GENERAL CITY OF OAKLAND NOTES
NNOT TO SCALE
LOCATION MAPPROJECT SITE
2 2
4 4
4 ADDRESSED PLANCHECK COMMENTS RECIEVED 12/16/2412/20/24
WMWM
WMWM
WMWM
WMWM
4035 PARKBOULDEVARD LLC4035 PARKBOULDEVARD LLC
2 GRADING PLANSHEET NO.CHECKED BY:SURVEYED BY:DRAWN BY:DESIGNED BY:DATE:3641 MT. DIABLO BLVD. #1841LAFAYETTE, CA 94549925-275-5304, [email protected] 7PX2400011 - OFFSITE IMPROVEMENT PLAN12/20/2024PX PERMIT PLAN4035 PARK BOULEVARDOAKLAND, CAAPWZWSAP
GRADING & DRAINAGE PLAN
LEGENDPROPERTY LINE
CUT/FILL TABLEELEMENTFILL (CY)CUT (CY)NET (CY)GRADING125-1250 TOTAL DISTURBED AREA: 3,527 SQFT
EXISTINGPROPOSEDFINISH SURFACE
GRADING NOTES
SCALE0N1020FEET
A-A-
PARK BOULEVARD
HAMPEL STREETB-B-
TOP OF CURBFLOWLINEBACK OF WALK
OFFSITE IMPROVEMENTS SUMMARYELEMENTTOTAL (EA)LENGTH (FT)AREA (SF)CURB AND GUTTER-272442 DRIVEWAYS1-166 NEW PLANTERS14212921 REHABILITATED PAVEMENT-138220 NEW SIDEWALK-2542,213NEW CURB RAMP4-700
CONSTRUCTION NOTES
PROPERTY LINEINVERTELEVATIONDRAINAGE INLET
SAWCUT LINE
2 3
3 4
TYPICAL SECTION A-A23
5TYPICAL SECTION B-B2
5 INSET
4035 PARKBOULDEVARD LLCMATCH LINE, SEE RIGHT FOR FURTHER DETAILS
MATCH LINE, SEE LEFT FOR FURTHER DETAILS
6 1APPROVEDDATEDESCRIPTIONREV. NO.REVISIONS23456ADDRESSED PLANCHECK COMMENTS RECIEVED 5/16/247/16/24ADDRESSED PLANCHECK COMMENTS RECIEVED 8/23/249/19/24ADDRESSED PLANCHECK COMMENTS RECIEVED 10/10/2410/18/24ADDRESSED PLANCHECK COMMENTS RECIEVED 11/5/2411/12/24ADDRESSED PLANCHECK COMMENTS RECIEVED 12/16/2412/20/24
UNIT #14011 PARK BLVD.3 BEDROOMS / 2 BATHROOMSUNIT #5 (BMR)4019 PARK BLVD.4 BEDROOMS / 2 BATHROOMSUNIT #24013 PARK BLVD.3 BEDROOMS / 2 BATHROOMSUNIT #34015 PARK BLVD.3 BEDROOMS / 2 BATHROOMSUNIT #44017 PARK BLVD.3 BEDROOMS / 2 BATHROOMS UNIT #61235 HAMPEL ST.3 BEDROOMS / 2 BATHROOMS
UNIT #71233 HAMPEL ST.3 BEDROOMS / 2 BATHROOMS
UNIT #81231 HAMPEL ST.3 BEDROOMS / 2 BATHROOMS
ENTRY
WMWM
WMWM
WMWM
WMWM
PARK BOULEVARD
4035 PARKBOULDEVARD LLC
HAMPEL STREET
4035 PARKBOULDEVARD LLC
3 EROSION CONTROL PLAN
SCALE0N1020FEETSHEET NO.CHECKED BY:SURVEYED BY:DRAWN BY:DESIGNED BY:DATE:3641 MT. DIABLO BLVD. #1841LAFAYETTE, CA 94549925-275-5304, [email protected] 7PX2400011 - OFFSITE IMPROVEMENT PLAN12/20/2024PX PERMIT PLAN4035 PARK BOULEVARDOAKLAND, CAAPWZWSAP
EROSION CONTROL PLAN
PARK BOULEVARD
HAMPEL STREET
LEGENDPROPERTY LINEEXISTING MINOR CONTOUREXISTING MAJOR CONTOUREXISTING TOPO POINTSROAD CENTERLINEPROPOSED STRAW WATTLEPER DETAIL 1 THIS SHEET SECTION VIEWTOP VIEW1STRAW WATTLE DETAILSNOT TO SCALE33 2 2 3
CONSTRUCTION ENTRANCE DETAIL
STOCKPILE DETAIL
CONCRETE WASHOUT
4 44
5 INSET
MATCH LINE - SEE INSET
MATCH LINE - SEE INSET
1APPROVEDDATEDESCRIPTIONREV. NO.REVISIONS23456ADDRESSED PLANCHECK COMMENTS RECIEVED 5/16/247/16/24ADDRESSED PLANCHECK COMMENTS RECIEVED 8/23/249/19/24ADDRESSED PLANCHECK COMMENTS RECIEVED 10/10/2410/18/24ADDRESSED PLANCHECK COMMENTS RECIEVED 11/5/2411/12/24
UNIT #14011 PARK BLVD.3 BEDROOMS / 2 BATHROOMSUNIT #5 (BMR)4019 PARK BLVD.4 BEDROOMS / 2 BATHROOMSUNIT #24013 PARK BLVD.3 BEDROOMS / 2 BATHROOMSUNIT #34015 PARK BLVD.3 BEDROOMS / 2 BATHROOMSUNIT #44017 PARK BLVD.3 BEDROOMS / 2 BATHROOMS UNIT #61235 HAMPEL ST.3 BEDROOMS / 2 BATHROOMS
UNIT #71233 HAMPEL ST.3 BEDROOMS / 2 BATHROOMS
UNIT #81231 HAMPEL ST.3 BEDROOMS / 2 BATHROOMS
ENTRY
WMWM
WMWM
WMWM
WMWM
PARK BOULEVARD
4035 PARKBOULDEVARD LLC
HAMPEL STREET
4035 PARKBOULDEVARD LLC
210215220225230235240
4UTILITY PLAN
SCALE0N1020FEET
SHEET NO.CHECKED BY:SURVEYED BY:DRAWN BY:DESIGNED BY:DATE:3641 MT. DIABLO BLVD. #1841LAFAYETTE, CA 94549925-275-5304, [email protected] 7PX2400011 - OFFSITE IMPROVEMENT PLAN12/20/2024PX PERMIT PLAN4035 PARK BOULEVARDOAKLAND, CAAPWZWSAP
UTILITY PLAN
PARK BOULEVARD
HAMPEL STREETMINIMUM UTILITY SEPARATION REQUIREMENTSUTILITYPOTABLEWATER*STORMWATERSANITARYSEWERGASELECTRICCOMMPOTABLEWATER-12"12"0"12"12" STORMWATER12"-12"0"24"12" SANITARYSEWER12"12"-0"24"12" GAS0"0"0"-24"12" ELECTRIC12"24"24"24"-12" COMM12"12"12"12"12"- * WHEN POTABLE WATER SHARES A JOINT TRENCH OR CROSSES SEWER AND/OR STORMWATER, POTABLEWATER SHALL ALWAYS BE ABOVE.
LEGENDPROPERTY LINEPROPOSED UNDERGROUND POTABLEWATER LINE (EBMUD)PROPOSED UNDERGROUNDELECTRICAL CONNECTION (PG&E) GENERAL UTILITY NOTES:
PROPOSED UNDERGROUNDSTORMDRAIN (CITY OF OAKLAND)SANITARY SEWER, 4" SDR35 PIPEPER CITY OF OAKLANDSTANDARDS. SEE CLEANOUTDETAIL ON SHEET 7 1 7.72' LFS = 2%24.86' LFS = 2%43.16' LFS = 2%59.24' LFS = 2%115.48' LFS = 2%99.95' LFS = 2%78.81' LFS = 2%78.44' LFS = 2%
TYPICAL SEWER PROFILE
UNIT #6FF EL = 229.93
2 2
2 2
2 SEWER SIZING CALCS FOR 4" PIPE2
22 3UTILITY EASEMENTS4
4 4
4 1APPROVEDDATEDESCRIPTIONREV. NO.REVISIONS23456ADDED SANITARY SEWER LATERALS4/24/24ADDRESSED PLANCHECK COMMENTS RECIEVED 5/16/247/16/24ADDRESSED PLANCHECK COMMENTS RECIEVED 8/23/249/19/24ADDRESSED PLANCHECK COMMENTS RECIEVED 10/10/2410/18/24
UNIT #14011 PARK BLVD.3 BEDROOMS / 2 BATHROOMSUNIT #5 (BMR)4019 PARK BLVD.4 BEDROOMS / 2 BATHROOMSUNIT #24013 PARK BLVD.3 BEDROOMS / 2 BATHROOMSUNIT #34015 PARK BLVD.3 BEDROOMS / 2 BATHROOMSUNIT #44017 PARK BLVD.3 BEDROOMS / 2 BATHROOMS UNIT #61235 HAMPEL ST.3 BEDROOMS / 2 BATHROOMS
UNIT #71233 HAMPEL ST.3 BEDROOMS / 2 BATHROOMS
UNIT #81231 HAMPEL ST.3 BEDROOMS / 2 BATHROOMS
ENTRY
PARK BOULEVARD
4035 PARKBOULDEVARD LLC
HAMPEL STREET
4035 PARKBOULDEVARD LLC
PARK BOULEVARD
4035 PARKBOULDEVARD LLC
HAMPEL STREET
4035 PARKBOULDEVARD LLC
5 DRAINAGE PLANSHEET NO.CHECKED BY:SURVEYED BY:DRAWN BY:DESIGNED BY:DATE:3641 MT. DIABLO BLVD. #1841LAFAYETTE, CA 94549925-275-5304, [email protected] 7PX2400011 - OFFSITE IMPROVEMENT PLAN12/20/2024PX PERMIT PLAN4035 PARK BOULEVARDOAKLAND, CAAPWZWSAP PROPOSED IMPERVIOUS AREA(ARROW INDICATES DRAINAGEPATTERN)LEGENDPROPERTY LINEEXISTING IMPERVIOUS AREA(ARROW INDICATES DRAINAGEPATTERN)GENERAL DRAINAGE NOTES:EXISTING IMPERVIOUS AREASPROPOSED IMPERVIOUS AREAS SCALE0N1020FEET
PARK BOULEVARD
HAMPEL STREET
PARK BOULEVARD
HAMPEL STREET
IMPERVIOUS ROOF AREAIMPERVIOUS CONCRETEASPHALT AREAC1
R1R2
R1
C4
IMPERVIOUS AREAS TABLEELEMENTEXISTING AREA (SF)PROPOSED AREA (SF)R101900R201900C111290 C228750 C38171061C49421352C5606606TOTAL63696819NET INCREASE IN IMPERVIOUS AREA: 450 SF C1
C2C3
22 PROPOSED GRAVITY STORM DRAIN4" SDR35 PVC PIPE (UNLESSOTHERWISE NOTED), MIN 2% SLOPE,MIN 18" BURIAL DEPTH. CLEANOUTSSHALL BE PROVIDED AT ALL PIPEBENDS AND INTERSECTIONS.
PROPOSED DOWNSPOUTTIE INTO PROPOSEDGRAVITY STORMDRAIN OR SWALEAREA DRAIN PROPOSED PARKING LOT SWALEPER DETAIL 2, SHEET 73
4 4
4 4INSETC5
1APPROVEDDATEDESCRIPTIONREV. NO.REVISIONS23456ADDRESSED PLANCHECK COMMENTS RECIEVED 5/16/247/16/24ADDRESSED PLANCHECK COMMENTS RECIEVED 8/23/249/19/24ADDRESSED PLANCHECK COMMENTS RECIEVED 10/10/2410/18/24ADDRESSED PLANCHECK COMMENTS RECIEVED 11/5/2411/12/24ADDRESSED PLANCHECK COMMENTS RECIEVED 12/16/2412/20/24 6 6 DETAILSSHEET NO.CHECKED BY:SURVEYED BY:DRAWN BY:DESIGNED BY:DATE:
3641 MT. DIABLO BLVD. #1841LAFAYETTE, CA 94549925-275-5304, [email protected] 7 PX2400011 - OFFSITE IMPROVEMENT PLAN12/20/2024PX PERMIT PLAN4035 PARK BOULEVARDOAKLAND, CAAPWZWSAP 2 6
4 S-3S-3
1 APPROVEDDATE DESCRIPTIONREV. NO.REVISIONS
23456ADDRESSED PLANCHECK COMMENTS RECIEVED 5/16/247/16/24 ADDRESSED PLANCHECK COMMENTS RECIEVED 8/23/249/19/24 ADDRESSED PLANCHECK COMMENTS RECIEVED 12/16/2412/20/24
7 DETAILS (CON'T)SHEET NO.CHECKED BY:SURVEYED BY:DRAWN BY:DESIGNED BY:DATE:3641 MT. DIABLO BLVD. #1841LAFAYETTE, CA 94549925-275-5304, [email protected] 7PX2400011 - OFFSITE IMPROVEMENT PLAN12/20/2024PX PERMIT PLAN4035 PARK BOULEVARDOAKLAND, CAAPWZWSAP EXPANSION JOINT EVERY 20'2
3DRYWELL DETAILSNOT TO SCALE73
2CONCRETE SWALE DETAILNOT TO SCALE73
3 4
4 54PERVIOUS PAVEMENTNOT TO SCALE755CHANNEL DRAINNOT TO SCALE756 1APPROVEDDATEDESCRIPTIONREV. NO.REVISIONS23456ADDED SANITARY SEWER LATERALS4/24/24ADDRESSED PLANCHECK COMMENTS RECIEVED 5/16/247/16/24ADDRESSED PLANCHECK COMMENTS RECIEVED 8/23/249/19/24ADDRESSED PLANCHECK COMMENTS RECIEVED 10/10/2410/18/24ADDRESSED PLANCHECK COMMENTS RECIEVED 11/5/2411/12/24ADDRESSED PLANCHECK COMMENTS RECIEVED 12/16/2412/20/24