HomeMy WebLinkAboutEncinitas, City of; 1994-06-08;December 27, 1996
Deborah Cervone
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024-3633
Re: Second Amendment to Circulation Agreement
The Carlsbad City Council, at its meeting of December 17, 1996, adopted Resolution No. 96-
441, approving a Second Amendment to the agreement with the City of Encinitas for the
construction of various circulation element roads within the cities of Carlsbad and Encinitas.
Enclosed please find a copy of Resolution No. 96-441 and a fully signed original agreement.
Assistant City\eierk
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Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808
SECOND AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE CITY OF ENCINITAS
FOR THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS WITHIN THE
CITIES OF CARLSBAD AND ENCINITAS
THIS SECOND AMENDMENT TO AGREEMENT, is made and entered into as of the
26th dayof DECEMBER 1996, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “CARLSBAD”, and the CITY OF ENCINITAS, a municipal
corporation, hereinafter referred to as “ENCINITAS”.
RECITALS
WHEREAS, ENCINITAS AND CARLSBAD entered into an AGREEMENT FOR THE
CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS (Agreement) on June 14,
1994; said Agreement being amended on July 23,1996; and
WHEREAS, the intensity and character of the circulation systems anticipated by said
Agreement and Amendment has subsequently been refined in both ENCINITAS and
CARLSBAD; and
WHEREAS, both cities now find it desirable to revise said Agreements.
NOW THEREFORE, in consideration of the above recitals, CARLSBAD and ENCINITAS
do hereby mutually and jointly agree that the following sections of the Agreement are amended
as follows:
IV. LA COSTA AVENUE WIDENING
B. CARLSBAD AGREES:
Delete item 3. (Original Agreement)
h h
V. LA COSTA AVENUE/INTERSTATE 5 INTERCHANGE IMPROVEMENTS
B. CARLSBAD AGREES:
Delete item 4. (Original Agreement)
Item 5 is revised to read as follows:
5. Request that Caltrans process a change order to the La Costa Avenue/
l-5 Interchange construction contract, to construct a traffic signal system
to provide full access to Piraeus Street from La Costa Avenue.
C. ENCINITAS AGREES:
To add the following:
7. Pay all costs for design, processing and construction change order to
accomplish the signalization of La Costa Avenue and Piraeus Street.
Funds to be deposited with the City of Carlsbad prior to execution of the
contracts required to accomplish that work.
8. Enter into a maintenance agreement within six (6) months following the
effective date of this Second Amendment to Agreement agreeing to make
annual payments to Carlsbad for all costs to operate the La Costa
Avenue/Piraeus/Park-n-Ride Lot signal system.
9. The City of Encinitas, at its sole expense, agrees to defend and indemnify
and hold the City of Carlsbad and Carlsbad’s officers, officials, employees
and agents harmless from and against any and all liabilities, claims,
demands, causes of action, losses, damages and costs, including all
costs of defense thereof, arising out of, or in any manner connected
directly or indirectly with the design and construction of the traffic signal at
La Costa Avenue and Piraeus Street.
10. Agrees that five (5) years following the date of execution of this SECOND
AMENDMENT TO AGREEMENT, Carlsbad shall have the sole right to
remove the traffic signal at Piraeus Street after it makes findings at a
public hearing that said traffic signal represents a detriment to the public
health, safety and convenience for traffic on La Costa Avenue. Encinitas
shall be given thirty (30) days notice of any such hearing and the
opportunity to present evidence against such action.
-
.
COMPLETE AGREEMENT
The foregoing constitutes the full and complete agreement of the parties. There are no
oral understanding or agreements not set forth in writing herein. All terms and conditions of
the original Agreement not amended by this SECOND AMENDMENT TO AGREEMENT
remain in full force and effect.
IN WITNESS WHEREOF, this SECOND AMENDMENT TO AGREEMENT is executed
by the CITY OF CARLSBAD and by the CITY OF ENCINITAS pursuant to action taken by the
City Council.
CITY OF ENCINITAS,
ATTEST: Al-TEST:
PAW
DEBORAH CERVONE
City Clerk
AJ%xL I!@& ALETHA L. RAUTENKkANZ,
City Clerk
Date: December 26, 1996
,
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney \ BY: &LA&n.&
jg$ City Attorney
DATE: p+ 925
July 31, 1996
Deborah Cervone
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024-3633
Re: First Amendment - Construction of Various Circulation Element Roads
The Carlsbad City Council, at its meeting of July 23, 1996, adopted Resolution No. 96-260,
approving the first amendment to an agreement with the City of Encinitas for the construction of
various circulation element roads within the cities of Carlsbad and Encinitas dated June 14, 1994.
Alan Archibald, your City Engineer, has been working with our Engineering Department on this
matter.
Enclosed are two originals of the amendment that have been signed by the City of Carlsbad and a
copy of Resolution No. 96-260 for your files. It is requested that one fully executed original be
returned to this office.
Assistant City Clerk-
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Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE ClTY OF ENCINITAS
FOR THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS WITHIN
THE CITIES OF CARLSBAD AND ENCINITAS
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into as of
the *3rd day of July 1996, by and between the CITY OF CARLSBAD, a
municipal corporation, hereinafter referred to as “CARLSBAD”, and the CITY OF
ENCINITAS, a municipal corporation, hereinafter referred to as “ENCINITAS”.
RECTIALS
WHEREAS, ENCINITAS AND CARLSBAD entered into an AGREEMENT FOR
THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS (Agreement)
on June 14,1994; and,
WHEREAS, the intensity and character of development anticipated by said
Agreement has subsequently been refined in both ENCINITAS and CARLSBAD; and,
WHEREAS, both cities now find it desirable to revise said Agreement.
NOW THEREFORE, in consideration of the above recitals, CARLSBAD and
ENCINITAS do hereby mutually and jointly agree that the following sections of the
Agreement are amended as follows:
II. EL CAMINO REAL ROAD WIDENING AND INTERSECTION IMPROVEMENTS
B. CARLSBAD AGREES:
Add the following:
4. Construct the Number 3 northbound lane of El Camino Real
extending from the intersection with Olivenhain Road north 400
feet within one year of execution of this Amendment.
5. Credit $200,000 advanced by ENCINITAS to construct the
Number 3 northbound lane on El Camino Real from the
intersection with Olivenhain Road north 400 feet toward
,Encinitas’ developers share of the traffic mitigations required at
the intersection of El Camino Real and La Costa Avenue when
said improvements are constructed.
C. ENCINITAS AGREES:
Add the following:
5. Encinitas shall deposit with Carlsbad $200,000 to contribute
towards the cost of constructing the Number 3 northbound lane
on El Camino Real from the intersection with Olivenhain Road to
400 feet north. The funds to be credited towards Encinitas’
developer’s share of cost for mitigation improvements to the El
Camino Real intersection with La Costa Avenue as referenced in
item 2 above. Funds shall be deposited with Carlsbad within 60
days of execution of this Amendment.
VI. LEUCADIA BOULEVARD EXTENSION AND WIDENING
B. ENCINITAS AGREES
Item 3 is revised to read as follows:
3. To require that concurrent with the occupancy of the first phase
(not to exceed 520,000 sq. ft. of commercial uses) of the
Encinitas Ranch project, Leucadia Boulevard shall be required to
be improved to the following standards:
a. Full improvements from El Camino Real to Via Cantebria
and
b. Full width grading and two (2) lanes of improvements from
Via Cantebria to Sidonia Street.
If developer fails to complete construction of improvements as
specified above within 3 years of the issuance of the first permit
for the first phase of the Encinitas Ranch projects, ENCINITAS
shall cause said improvements to be constructed as a City project
to be complete 1 year thereafter.
Leucadia Boulevard between El Camino Real and Interstate 5
(l-5) shall remain closed to thru traffic until the completion of full
improvements to the Leucadia Boulevard l-5 Interchange. Said
improvements to be completed no later than 3 years from the
effective date of this amendment unless otherwise extended by
mutual agreement, based only on delays caused by Caltrans
review and processing of the projects.
VIII VIA CANTEBRIA ROAD EXTENSION
B. CARLSBAD AGREES:
Revised as follows:
1. To require the developer of Green Valley to realign and construct,
to the city limits of CARLSBAD, Via Cantebria (Street A) on an
4
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F- h
alignment mutually agreeable to the City Engineers (Director’s of
Engineering Services) for both cities.
C. ENCINITAS AGREES:
Revised as follows:
1. To require the developer of Encinitas Ranch to construct the
extension of Via Cantebria from Leucadia Boulevard north to the
City Limits in an alignment mutually agreeable to the City
Engineer’s ( Director’s of Engineering Services) for both cities.
COMPLETE AGREEMENT
The foregoing constitutes the full and complete agreement of the parties. There
are no oral understanding or agreements not set forth in writing herein. All terms and
conditions of the original Agreement not amended by this FIRST AMENDMENT TO
AGREEMENT remain in full force and effect.
IN WITNESS WHEREOF, this FIRST AMENDMENT TO AGREEMENT
executed by the CITY OF CARLSBAD and by the CITY OF ENCINITAS pursuant
action taken by the City Council.
is
to
CITY OF ENCINTAS, a municipal
Date:
DEBORAH CERVONE
City Clerk
Date: 7 a5/44 I I
ATTEST:
4Q=LA.Q& ALETHA L. RAUTENKRANZ,
City Clerk
APPROVED AS TO FORM:
RONALD R. BALL
;;Atn- _Q~ ~
City Attorney 7/w/es
DATE:
July 25, 1994
Ms. E. Jane Pool City Clerk City of Encinitas 543 Encinitas Boulevard, Suite 100 Encinitas, CA 92024
Re: Agreement with the City of Encinitas for the Construction of Various Circulation Element RoaUs.
The Carlsbad City Council, at its meeting of July 12, 1994, adopted Resolution No. 94-193, approving an agreement with the City of Encinitas for the construction of various circulation element roads within the Cities of Carlsbad and Encinitas.
Enclosed please find a fully executed original agreement and a copy of Resolution No. 94-193 for your files.
KRK:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808
h -
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CITY OF ENCINITAS
FOR THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS
WITHIN THE CITIES OF CARLSBAD AND ENCINITAS
THIS AGREEMENT, made and entered into as of the iTo day of
1994, by and between the CITY OF CARLSBAD, a municipal
to as “CARLSBAD”, and the CITY OF ENCINITAS, a
municipal corporation, hereinafter referred to as “ENCINITAS”.
RECITALS
WHEREAS, CARLSBAD and ENCINITAS share a common city limit boundary; and,
WHEREAS, said city limit boundary crosses, runs along or otherwise divides the
established and/or future right-of-way of La Costa Avenue, El Camino Real, Leucadia
Boulevard, Olivenhain Road and Ranch0 Santa Fe Road; and,
WHEREAS, said roads are integral to the circulation element plans for Carlsbad,
Encinitas and the North County Region in general; and,
WHEREAS, traffic impacts from development along and adjacent to said roads
within the Cities of Carlsbad and Encinitas will adversely impact the proper functioning
and level of service standards of said roads unless certain major street and highway
infrastructure improvements are installed prior to or concurrent with the needs created
by said development; and,
WHEREAS, the Cities of Carlsbad and Encinitas acknowledge the importance of
maintaining established minimum level of service standards on said roads for the proper
functioning of the local and regional circulation network; and,
1 REV. 6/22/94
WHEREAS, the Cities of Carlsbad and Encinitas desire to establish mutually
agreed upon responsibilities for the funding, design, construction and maintenance of the
major street and highway improvements necessary to maintain the established minimum
level of service standards on said roads.
NOW THEREFORE, in consideration of the above recitals, CARLSBAD and
ENCINITAS do hereby mutually and jointly agree to participate in the funding, design,
construction and maintenance of said street and highway infrastructure improvements as
follows:
I. ENCINITAS AND CARLSBAD MUTUALLY AGREE:
To participate in a joint San Diego Association of Governments (SANDAG)
coordinated traffic study to determine the traffic impacts/issues between the two
jurisdictions. The study will focus on Circulation Element roads (El Camino Real,
Olivenhain Road, La Costa Avenue, Leucadia Boulevard, Via Cantebria, and
Ranch0 Santa Fe Road) shared by the two cities, and address existing, planned
and proposed land uses.
This study will provide the basis to evaluate areas of mutual concern and potential
significant adverse traffic impacts created by future development and mitigation measures which may be required beyond those identified specifically in this
agreement.
II. EL CAMINO REAL ROAD WIDENING AND INTERSECTION IMPROVEMENTS
A. PROJECT DESCRIPTION
1. The El Camino Real road widening and intersection improvements referenced in this section are more particularly described as follows:
a. The widening and improvement of El Camino Real between Garden View Road and Olivenhain Road to augmented prime arterial road standards including three through lanes and one auxiliary right turn/through lane in each direction, bikelanes, raised landscaped median, curbs, gutters, sidewalks and streetlights exclusive of the intersection and bridge/culvert improvements described in Section VIII.
REV. 6/22/94
b. The widening and improvement of El Camino Real between La Costa Avenue and Olivenhain Road to prime arterial standards including three through lanes in each direction, bikelanes, raised landscaped median, curbs, gutters, sidewalks and streetlights exclusive of the intersection improvements described in Section VIII.
C. The construction of traffic signals, additional turn lanes and other appurtenant improvements at the El Camino Real intersections with Garden View Road, Woodley Road, Calle Barcelona, Levante Street and La Costa Avenue.
d. The construction of traffic signal modifications, additional turn lanes and other appurtenant improvements to the intersection of El Camino Real and Olivenhain Road exclusive of the road improvements described in Sections VI and VIII.
8. All environmental mitigation measures, utility and drainage improvements necessary to construct the aforementioned improvements.
B. CARLSBAD AGREES:
1. To require Carlsbad developers to fully mitigate for buildout impacts
to the El Camino Real intersections with Calle Barcelona and Levante
Street. Improvements necessary to serve a particular project or
phase to be in place prior to occupancy.
2. To require Carlsbad developers to share in the cost for the funding
of the traffic mitigation improvements to the El Camino Real
intersections with La Costa Avenue with the Encinitas developers on
a fair share basis as determined from the combined traffic study.
3. To require Carlsbad developers to construct full improvements to El
Camino Real within the City limits of Carlsbad.
C. ENCINITAS AGREES:
1. To require the Encinitas developers to fully mitigate for buildout
impacts to the El Camino Real intersections with Woodley Road and
Garden View Road. Improvements necessary to serve a particular
project or phase to be in place prior to occupancy.
2. To require the Encinitas developers to share the cost for the funding
of the traffic mitigation improvements to the El Camino Real
intersections with La Costa Avenue with the Carlsbad developers on
a fair share basis as determined from the combined traffic study.
3 REV. 6/22/94
3. To require Encinitas developers to construct full improvements to El
Camino Real south of Olivenhain Road.
4. To require Encinitas Ranch developer to improve the west half of El
Camino Real adjacent to the Encinitas Ranch open space property
north of Olivenhain Road.
Ill. RANCH0 SANTA FE ROAD WIDENING - SOUTH OF OLIVENHAIN ROAD
A. PROJECT DESCRIPTION
1. The Ranch0 Santa Fe Road widening improvements referenced in
this section are more particularly described as follows:
a. The widening and improvement of Ranch0 Santa Fe Road
from Olivenhain Road to approximately 400 feet south of Calle
Acervo/Avenida La Posta to secondary arterial standards
including two lanes in each direction, bikelanes, curbs,
gutters, sidewalks, streetlights, a painted median, and
associated transitions.
b. All environmental mitigation measures, utility and drainage
improvements necessary to construct the above mentioned
improvements.
B. CARLSBAD AGREES:
1. To require CARLSBAD developers to fund and construct full
improvements to Ranch0 Santa Fe Road south of Olivenhain Road
as described above.
2. To act as lead agency in the review and processing of environmental
documents.
C. ENCINITAS AGREES:
1. To expeditiously review and approve required permits to allow
construction within jurisdictional boundaries.
IV. LA COSTA AVENUE WIDENING
A. PROJECT DESCRIPTION
1. The La Costa Avenue widening improvements referenced in this
section are more particularly described as follows:
4 REV. 6mJ94
a. The widening and improvement of La Costa Avenue from El
Camino Real to Piraeus Street to modified major arterial
standards including two lanes in each direction, bikelanes,
8 foot wide raised landscaped median, curbs, gutters,
sidewalk along the north side only and streetlights.
b. All environmental mitigation measures, utility and drainage
improvements necessary to construct the above mentioned
improvements.
B. CARLSBAD AGREES:
1. To act as Lead Agency in design, construction, and permitting.
2. To provide full funding for project with no funding participation from
ENCINITAS or from property owners within the jurisdiction of
ENCINITAS unless such property is proposed for development prior
to construction of La Costa Avenue.
3. To require that prior to building occupancy subsequent to
recordation of Green Valley Tentative Map 92-08, La Costa Avenue
shall be completed to full standards and the WLa Costa Avenue
interchange improved.
C. ENCINITAS AGREES:
1. To accept roadway right-of-way for widening within their jurisdictional
boundaries.
2. To cooperate in obtaining dedication of rights-of-way.
3. To consent to condemnation, if required, within their jurisdiction.
4. To cooperate in efforts to obtain appropriate permits to complete
project.
5. To expeditiously review and approve any required permits to
construct within jurisdiction.
6. To require any proposed development abutting La Costa Avenue to
construct frontage improvements if the proposed development is
proposed and approved prior to the construction of La Costa
Avenue. This requirement would be a condition on project approval.
5 REV. 6/22/94
V. LA COSTA AVENUE/INTERSTATE 5 INTERCHANGE IMPROVEMENTS
A. PROJECT DESCRIPTION
1. The La Costa Avenue/Interstate 5 interchange improvements
referenced in this section are more particularly described as follows:
a. Widening and seismic retrofitting of the existing La Costa
Avenue overpass to accommodate four through lanes, dual
southbound left turn lanes, bikelanes and sidewalks. Widening
and improvement to the La Costa Avenue bridge approach to accommodate two through lanes in each direction, one
additional right turn lane onto the on-ramps in each direction,
bikelanes, curbs, gutters, sidewalks and streetlights.
b. Widening and improvement to the existing on-ramps to
accommodate two lanes of traffic. Widening and improvement
to the off-ramps to accommodate three traffic lanes.
lnstallation of two traffic signals at each of the on/off-ramp
intersections including a traffic signal interconnect.
C. All environmental mitigation measures, utility and drainage
improvements necessary to construct the above mentioned
improvements.
B. CARLSBAD AGREES:
1. To act as Lead Agency with Caltrans for environmental review,
permits, and construction including all administration and inspection.
2. To provide full funding for the La Costa Avenue/Interstate 5
interchange improvements.
3. To negotiate and acquire necessary rights-of-way.
4. To require that prior to building occupancy subsequent to
recordation of Green Valley Tentative Tract Map 92-08, La Costa
Avenue shall be completed to full standards and the I-5/La Costa
Avenue interchange improved.
5. To cooperate with ENCINITAS in the realignment and signalization
of the intersection of La Costa Avenue and Piraeus Street as a
separate project.
6 REV. 6/W94
C. ENCINITAS AGREES:
1. To act as responsible agency in the review and processing of
environmental documents.
2. To expeditiously review and recommend approval of appropriate
environmental documents.
3. To cooperate in the acquisition of required rights-of-way and
clearance of utilities.
4. To consent to condemnation of rights-of-way as required.
5. To cooperate with CARLSBAD and Caltrans in efforts to secure required permits.
6. To expeditiously review and approve required permits to allow
construction within jurisdiction.
VI. LEUCADIA BOULEVARD EXTENSION AND WIDENING
A. PROJECT DESCRIPTION
1. The Leucadia Boulevard extension and widening improvements referenced in this section are more particularly described as follows:
a. The widening and improvement of Leucadia Boulevard from
Interstate 5 to Sidonia Street to major arterial standards
including two through lanes in each direction, bikelanes,
raised landscaped median, curbs, gutters, sidewalks and
streetlights.
b. The extension of Leucadia Boulevard from Sidonia Street to
El Camino Real to major arterial standards including two
through lanes in each direction, bikelanes, raised landscaped
median, curbs, gutters, sidewalks and streetlights and
including additional through, turn lanes and right-of-way at the
intersection with El Camino Real.
C. Improvement of the Leucadia Boulevard/Interstate 5
interchange including bridge widening, ramp signalization
ramp widening and appurtenant improvements as required by
Caltrans.
7 REV. 6lW94
d. All environmental mitigation measures, utility and drainage
improvements necessary to construct the above mentioned
improvements including any traffic signal modification at the
intersection with El Camino Real.
B. ENCINITAS AGREES:
I. To act as Lead Agency for environmental review, permits, design
and construction.
2. To secure funding for construction of all roadway improvements west
of El Camino Real to and including the interchange with Interstate 5
with no funding participation from CARLSBAD or from property owners within the jurisdiction of CARLSBAD.
3. To require that concurrent with the occupancy of the first phase (not
to exceed 475,000 sq. ft. of commercial uses) of the Encinitas Ranch
project, Leucadia Boulevard shall be required to be improved to the
following standards:
a. Full improvements from El Camino Real to Via Cantebria; and
b. Full width grading and two (2) lanes of improvements from Via
Cantebria to Sidonia Street.
Prior to the completion of the remainder of the Encinitas Ranch,
Leucadia Boulevard shall be developed to full improvements (four
lanes to l-5) and I-5/Leucadia Boulevard interchange improved.
The above requirements to be conditions of the tentative maps for
Encinitas Ranch.
C. CARLSBAD AGREES:
1. To cooperate with ENCINITAS in environmental review and approval.
2. To cooperate in obtaining required permits to construct Leucadia
Boulevard.
3. To act as responsible agency in the review and processing of environmental documents.
4. To expeditiously review and recommend approval of appropriate
environmental documents.
a REV. 6/22/94
5.
6.
7.
a.
To condition Green Valley Tentative Maps or subsequent
development approvals fronting Leucadia Boulevard to dedicate
appropriate rights-of-way to allow for construction of Leucadia
Boulevard.
To cooperate in acquisition of rights-of-way, if required.
To consent to condemnation of rights-of-way, if required.
To expeditiously review and approve required permits to allow
construction within jurisdictional boundaries.
VII. VIA CANTEBRIA ROAD EXTENSION
A. PROJECT DESCRIPTION
1. The Via Cantebria Road extension improvements referenced in this
section are more particularly described as follows:
a. The extension of Via Cantebria from its current northerly
terminus to Leucadia Boulevard to secondary arterial
standards including a minimum of two through lanes in each
direction, bikelanes, curbs, gutters, raised landscaped
median, sidewalk along the west side only and streetlights.
b. The extension of Via Cantebria from Leucadia Boulevard
northerly into the Green Valley area of Carlsbad to modified
secondary arterial standards including curbs, gutters,
bikelanes, sidewalks and streetlights. The road width and
number of through lanes shall be as determined by
CARLSBAD and ENCINITAS after completion of the combined
traffic study.
C. All environmental mitigation measures, utility and drainage
improvements necessary to construct the above mentioned
improvements including any new traffic signals.
B. CARLSBAD AGREES:
1. To require the developer to realign and construct, to the city limits of CARLSBAD, Via Cantebria (Street “Al’) in the general configuration
shown on Exhibit “A”. This would not, however, preclude relocating
Street “A” (on Exhibit A) further west should the developer find this
beneficial to the land use planning of Green Valley Master Plan.
9 ROI. 6,&Z/94
C. ENCINITAS AGREES:
1. To require the developer to realign and construct, to the city limits of
ENCINITAS, Via Cantebria (Street “A”) in the general configuration
shown on Exhibit ‘A”. This would not, however, preclude relocating
Street “A” (on Exhibit A) further east should the developer find this
beneficial to the land use planning of Encinitas Ranch.
VIII. OLIVENHAIN ROAD WIDENING - EL CAMINO REAL TO 1,400 FEET EAST
A. PROJECT DESCRIPTION
1. The description of the Olivenhain Road widening improvements,
hereinafter referred to as “PROJECT’, shall be as follows:
a. The widening and improvement of Olivenhain Road from El
Camino Real to 1,400 feet east to Carlsbad’s prime arterial
standards including three through lanes in each direction,
bikelanes, curbs, gutters, an 16-foot wide raised landscaped
median, sidewalks and streetlights.
b. Modifications to the intersection of El Camino Real and
Olivenhain Road including traffic signal modifications,
appurtenant roadway and drainage improvements and the
extension of the existing bridge/culvert, exclusive of the
improvements described in Sections II and VI.
C. All environmental mitigation measures, utility and drainage
improvements necessary to construct the above mentioned
including the construction of a major offsite retention basin
necessary to mitigate potential flooding of the El Camino
Real/Olivenhain Road intersection.
B. CARLSBAD AGREES:
1. To act as lead agency for the purpose of design and environmental
review and to provide all labor, materials, tools and equipment for
PROJECT including permit acquisition, advertising, award, contract
administration, Resident Engineer, material source inspection,
independent assurance and specialty testing, and such other
construction engineering as may be required for satisfactory
completion of PROJECT.
2. To construct PROJECT by contract in accordance with plans and specifications prepared by CARLSBAD and approved by
ENCINITAS, said plans being referred to as Improvement Plans for
Olivenhain Road and Improvement Drawing No. 336-5.
10 REV. 6/W94
3.
4.
5.
6.
7.
a.
9.
10.
11.
To establish separate PROJECT accounts to accumulate charges for
all costs to be paid for by ENCINITAS pursuant to this Agreement.
To submit initial billing in the amount of $ 100,006 to ENCINITAS
within thirty (30) days of the execution of a design agreement.
To receive from ENCINITAS’ designated PROJECT representative
prior approval of all change orders before implementation, except
when necessary for the safety of motorists and/or pedestrians or for
the protection of property.
Upon completion of PROJECT and all work incidental thereto, to
furnish ENCINITAS with a detailed statement of the total actual costs
of construction and SERVICES for PROJECT, including the costs of
any contract claims which have been allowed to the construction
contractor. SERVICES shall include cost of providing personnel
resources (direct salaries and benefits). CARLSBAD thereafter shall
refund to ENCINITAS any amount of ENCINITAS’ deposits plus
accrued interest and payments CARLSBAD is holding after actual
costs to be borne by CARLSBAD have been deducted, or to bill
ENCINITAS for any additional amount required to complete
ENCINITAS’ financial obligations pursuant to this Agreement.
To designate a project Resident Engineer who shall represent
CARLSBAD as the single point of contact for PROJECT
administration.
To consult with ENCINITAS in resolution of any contract claims
associated with work.
To acquire necessary right-of-way to allow construction of PROJECT
north of roadway centerline.
To fund one-half of the total PROJECT costs.
To fund one-half of the utility relocation costs associated with the
road construction.
C. ENCINITAS AGREES:
1. To designate a single project representative authorized to act on
behalf of ENClNlTAS in relation to contract change orders and
overall PROJECT coordination. Said representative and CARLSBAD’s
Engineer will cooperate and consult with each other, but the
decisions of CARLSBAD’s Resident Engineer shall prevail as final,
binding and conclusive in all matters concerning PROJECT
construction contract.
11 REV. 6/W94
2. To relinquish to CARLSBAD rights in the maintenance and operation
of the construction zone within the boundaries of ENCINITAS for the
duration of construction and authorizes CARLSBAD to act as its
authorized agent to direct contractor for traffic control, signal timing,
and other measures deemed necessary for construction and
administration of the PROJECT.
3. To bear f@ (50) percent of the actual cost of SERVICES for
PROJECT. Said costs of SERVICES shall include costs of providing
personnel resources and including the cost of any furnished
materials, supplemental work, change orders and contract claims
paid to the construction contractor, and the defense of all project related claims which may be filed by the contractor or portion of
SERVICES attributed to such work applied in accordance with
standard accounting procedures. The actual cost of SERVICES for
PROJECT shall be determined after completion of all work and upon
final accounting of costs. The total amount due shall be reduced by
one-half of the cost of ENCINITAS personnel resources (direct
salaries and benefits) attributable to the project.
4. To deposit with CARLSBAD within thirty (30) days of award of the
construction contract, one-half of total PROJECT costs, to cover
ENCINITAS’ share of construction costs, including utility relocation
and environmental mitigation measures and a ten percent
contingency fund.
5. To pay CARLSBAD upon completion of all work and within twenty-
five (25) working days of receipt of a detailed statement made upon
final accounting of costs, therefore, any amount over and above the
aforementioned deposits and payments required to complete
ENCINITAS’ financial obligation pursuant to this Agreement.
6. To provide all rights-of-way required for construction and necessary
mitigation within ENCINlTAS’ jurisdiction.
7. To fund one-half of the utility relocation costs associated with the
road construction.
8. To approve PROJECT plans and specifications within ten (10) days
of final submittal by CARLSBAD.
12 REV. 6lW94
9. Within ten (10) days of completion of the PROJECT and notification
by CARLSBAD, ENCINITAS shall inspect all work performed on the
PROJECT and determine whether the work was completed in
accordance with ENCINITAS’ approved plans and specifications. If,
by the end of this ten (10) day period, ENCINITAS has not notified
CARLSBAD in writing through the City Engineer that the work
materially varies from the approved plans, ENCINITAS shall be
deemed to have accepted the PROJECT in accordance with the
approved plans and specifications.
10. To cooperate in obtaining required permits.
11. To expeditiously review and approve any required permits for
construction of PROJECT within jurisdiction.
C. ENCINITAS and CARLSBAD mutually agree that:
1. CARLSBAD shall not advertise a construction contract until it has
received written approval from ENCINITAS approving plans,
specifications, and estimates.
2. If, after opening bids for PROJECT, the lowest responsible bid is not
more than the Engineer’s Estimate, CARLSBAD may award the
contract.
3. If, upon opening of bids for PROJECT, it is found that the lowest
responsible bid exceeds the Engineer’s Estimate, CARLSBAD and
ENCINITAS shall consult and agree upon a course of action.
4. If, after thirty (30) days, no agreement is reached CARLSBAD shall
reject all bids.
lx. BOUNDARY ADJUSTMENTS
A. CARLSBAD and ENCINITAS mutually agree to pursue jurisdictional
boundary adjustments through Local Agency Formation Commission
(lAFC0) upon completion of roadway improvements as follows:
1. Along La Costa Avenue from approximately 400 feet west of El
Camino Real to Interstate 5, move the city limit boundary to coincide with the south right-of-way line of La Costa Avenue.
2. Along Leucadia Boulevard, west of El Camino Real where the
roadway enters Carlsbad city limits, move the city limit boundary to
coincide with the north right-of-way line of Leucadia Boulevard.
13 REV. 6lW94
3. Along Olivenhain Road from El Camino Real to approximately 4,000
feet east of El Camino Real, move the city limit boundary to coincide
with the construction centerline of Olivenhain Road.
4. Along Ranch0 Santa Fe Road from approximately 1,200 feet north
of Calle AcervolAvenida La Posta to approximately 400 feet south of
Calle Acervo/Avenida La Posta, move the city limit boundary to the
construction centerline of Ranch0 Santa Fe Road.
X. FUTURE PROJECT REQUIREMENTS
CARLSBAD and ENCINITAS agree that, to the degree allowed by law, if a project within the land use jurisdiction of either city will cause a significant adverse traffic
impact on either or both cities, the responsible city shall condition the approval of
such project to contribute its fair share of costs to mitigate or otherwise construct
appropriate mitigation measures to relieve such adverse traffic impacts.
XI. REGIONAL FUNDING
CARLSBAD and ENCINITAS agree to actively pursue regional funds to assist
construction of regional arterial roadway and freeway interchange projects.
XII. OWNERSHIP AND MAINTENANCE
A. ROAD IMPROVEMENTS
Upon completion of all work under this Agreement, ownership and title to
materials, equipment, and appurtenances which are installed within CARLSBAD’s right-of-way will automatically be vested and maintained by
CARLSBAD. Materials, equipment, and appurtenances which are installed
within ENCINITAS’ right-of-way will be vested and maintained by
ENCINITAS.
Upon completion of any jurisdictional boundary adjustment between
ENCINITAS and CARLSBAD, the road improvements affected by the
boundary adjustment shall automatically become vested and be maintained
by the respective City having jurisdiction over the improvement. No further
agreement will be necessary to transfer ownership as hereinabove stated.
B. TRAFFIC SIGNAL IMPROVEMENTS
Traffic signal improvements shall be owned and maintained by the City
having jurisdiction over the intersecting streets at which the traffic signal is
located.
14 REV. 6lW94
Where the jurisdictional boundary bisects one or both of the intersecting
streets, maintenance responsibility for the traffic signal shall be administered
by the City which has jurisdiction of the traffic signal controller. The cost to
maintain a multi-jurisdictional traffic signal shall be shared by both Cities
based upon a ratio of each Cities jurisdictional control of the corresponding
corners of the intersection.
CARLSBAD and ENCINITAS may alternatively enter into a separate traffic
signal maintenance agreement based on any mutually agreed upon terms.
XIII. LIABILITY AND INDEMNIFICATION
Pursuant to Section 895.4 of the Government Code, CARLSBAD and ENCINITAS
agree that each will assume the full liability imposed upon it or any of its officers,
agents, or employees for injury caused by a negligent or wrongful act or omission occurring in the performance of this agreement, and each party agrees to
indemnify and hold harmless the other party for any loss, cost, or expense that
may be imposed upon such other party by virtue of Sections 895.2 and 895.6 of
the Government Code.
The indemnity provisions are not limited in any way by the extent of any policy of
insurance currently in force and held by either party. All construction contracts for
any project which spans the jurisdictional boundary between CARLSBAD and
ENCINITAS shall include indemnity provisions and insurance provisions, whereby
the contractor indemnifies both CARLSBAD and ENCINITAS and adds both Cities
as additional insured on Insurance Policy.
XN. NOTIFICATIONS
Unless otherwise specifically provided in this Agreement, all notices, demands, or
other communications given hereunder will be in writing and will be deemed to
have been duly delivered upon personal delivery or as of the second business day
after mailing by United States mail, return receipt requested, postage prepared
and addressed as follows:
If to ENCINITAS: Alan Archibald
Director of Engineering Services
CRY OF ENCINITAS
505 S. Vulcan Avenue
Encinitas, CA 92024-3633
If to CARLSBAD: Lloyd Hubbs
City Engineer
CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
15 REV. 6/22/94
xv. MODIFICATIONS
This Agreement may not be modified, amended, or otherwise changed unless by
an amendment, in writing, executed by the parties hereto.
XVI. TERMINATION
This Agreement shall terminate after all the street and highway improvements
contemplated by this agreement have been constructed, after all payments
required under this agreement have been made, after all city boundary
adjustments have been accomplished and, after all maintenance responsibilities
for the respective street and highway improvements have been assumed by the
respective cities in accordance with the terms of this agreement.
XVII. COUNTERPARTS
This agreement may be executed by the cities in separate counterparts, each of
which when so executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument.
XVIII. CHOICE OF LAW
This agreement shall be governed by the laws of the State of California and venue
shall be proper in the San Diego Superior Court, North County Branch or such
other venue as provided by law.
XIX. SEVERABILITY
If one or more clauses, sentences, paragraphs, provisions or terms of this
agreement shall be held to be unlawful, invalid, or unenforceable, it is hereby
agreed by the cities that the remainder of this agreement shall not be affected
hereby.
xx. HEADINGS
The headings of articles and paragraphs of this agreement are for convenience
only, and no presumption or implication of the intent of the parties as to the
construction of this agreement shall be drawn therefrom.
. . . .
. . . .
. . . .
. . . .
16 REV. 6/22/94
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XXI. COMPLETE AGREEMENT
The foregoing constitutes the full and complete agreement of the parties. There
are no oral understandings or agreements not set forth in writing herein.
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CARLSBAD
and by the CITY OF ENCINITAS pursuant to action taken by the City Council.
CITY OF ENCINITAS, a municipal
corporation
ATTEST:
City ClerkV
APPROVED AS TO FORM:
ROGER KRAUEL
City Attorney
City Attorney
Al-TEST:
KAREN R. KUNDTZ, Assistant City Clerk
APPROVED AS TO FORM:
RONALD R. BALL
ZLQsib,
City Atbrney 7, ~3. q+ .
17 RR1.6/22/94
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