HomeMy WebLinkAbout1994-07-12; City Council; 12773; AGREEMENT BETWEEN THE CITIES OF CARLSBAD AND ENCINITAS FOR THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS7 /' r
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AB # '5,773 TITLE: AGREEMENT BETWEEN DEPT.
MTG. 7/12/94 THE CITIES OF CARLSBAD AND ENClNlTAS CITY A
CITY IV DEPT. ENG
RECOMMENDED ACTION:
FOR THE CONSTRUCTION OF VARIOUS
CIRCULATION ELEMENT ROADS
Adopt Resolution No. 9Y - 19 3 authorizing the Mayor to execute the agreement bc
the City of Carlsbad and the City of Encinitas for the construction of various circ
element roads within the cities of Carlsbad and Encinitas.
ITEM EXP LAN AT1 0 N :
In recent weeks, the review of major development projects along the borders of Ca
and Encinitas have emphasized the need to develop strategies and responsi
between the two cities for the implementation of shared circulation element roadwi
The proposed agreement provides for the implementation of the roadways listed
with the major responsibilities as outlined.
ROADWAY SUMMARY
ROADWAY LIMIT RESPONSlBlLlTlE
1. El Camino Real Garden View Road to Joint (based on
2. El Camino Real At La Costa Avenue Joint (based on
3. Rancho Santa Fe Road Oliienhain Road to Carlsbad
4. La Costa Avenue Widening La Costa Avenue to 1-5 Carlsbad
5. La Costa Avenue At Interstate 5 Interchange Carlsbad
6. Leucadia Boulevard El Camino Real to 15 Encinitas
7. Leucadia Boulevard At Interstate 5 Interchange Encinitas
La Costa Avenue frontage & traffic stuc
traffic study)
Calle ACeNO/La Posta
8. Olivenhain Road El Camino Real to Split
1,400 feet east (Carls badEncinitas)
The agreement commits to the extension of Via Cantebria into the Green Valley project
the general alignment shown on Exhibit "A" to the agreement.
The responsibilities for the intersection of El Camino Real at La Costa Avenue Y
determined by a joint traffic study coordinated by SANDAG.
Encinitas Ranch is required to complete concurrent with occupancy of the first phase o
project full width grading and two lanes of improvements to Leucadia Boulevard frc
Camino Real to Sidonia Street (see Page 8 of agreement).
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Page 2 of Agenda Bill No. ,’ d, 7 7 3
Both agencies agree to pursue boundary adjustments to clarify roadway responsibilitil
Both cities agree to require future development to mitigate significant adverse traffic irr
to either jurisdiction to the extent allowed by law that are not otherwise dealt with speci
in the agreement.
FISCAL IMPACT
The agreement clarifies obligations toward major circulation element roadways. $3.5 n
in Community Facilities District (CFD) No. 1 will no longer be required for the Leu
Boulevard extension. The agreement also secures a $2 to $3 million commitment t
Olivenhain Road widening which will reduce obligations to the proposed Rancho Sar
Road financing program.
Extension of Via Cantebria and mitigations to the El Camino Real intersections with La I
Avenue, Levante Street, Calle Barcelona, and Olivenhain Road will likely increase improw
costs to Carlsbad developers. These costs could be offset by diversion of TIF
previously allocated to Leucadia Boulevard.
Through operation of the agreement, the City relinquishes the possibility of fin,
assistance on the La Costa Avenue widening and the La Costa Avenue/l-5 lnterchang
Section X of the agreement obligates future development to deal with potential sign
adverse impacts to roadways in Encinitas. This could expose this development to I
expenses that are not known at this time.
EXH 1 BITS:
1. Location Map.
2. Resolution No. 9q-143 authorizing the Mayor to execute the agreement bet
the City of Carlsbad and the City of Encinitas for the construction of various circu
element roads within the cities of Carlsbad and Encinitas.
3. Agreement between the City of Carlsbad and the City of Encinitas for the constri
of various circulation element roads within the cities of Carlsbad and Encinitas.
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0 0 EXH1B1T 2
RESOLUTION NO. 9 4 - 19 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE
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
WHEREAS, Carlsbad and Encinitas share a common city limit boundary; and,
WHEREAS, said city limit boundary crosses, runs along, or otherwise dP
established and/or future right-of-way of La Costa Avenue, El Camino Real, Leucadia E
Olivenhain Road, and Rancho Santa Fe Road; and,
WHEREAS, said roads are integral to the circulation element plans for Carlsbad,
and the North County Region in general; and,
WHEREAS, traffic impacts from development along and adjacent to said roads
cities of Carlsbad and Encinitas will adversely impact the proper functioning and level
standards of said roads unless certain major street and highway infrastructure improve
installed prior to, or concurrent with, the needs created by said development; and,
WHEREAS, the cities of Carlsbad and Encinitas acknowledge the impo
maintaining established minimum level of service standards on said roads for tl
functioning of the local and regional circulation network; and,
WHEREAS, the cities of Carlsbad and Encinitas desire to establish a mutua
upon responsibility for the funding, design, construction, and maintenance of the major
highway improvements necessary to maintain the established minimum level of service
on said roads.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1. That the above recitations are true and correct.
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2. That in the best interests of regional cooperation and to further the improve
circulation element improvements serving the cities of Carlsbad and Encinitas, the City
of the City of Carlsbad hereby authorizes the Mayor to execute the agreement between
of Carlsbad and the City of Encinitas for the construction of various circulation elemei
within the cities of Carlsbad and Encinitas.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 12th day of JULY , 1994 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
(SEAL)
I I .. e e
GJ-rY OF
G/\F{l- SS/\rJ
GITY OF
2 ~l\J GIlYI-rA s
NOT TO SCALE
I I - 0 0 EXHIBIT 3
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 ENCiAITAS
THIS AGREEMENT, made and entered into as of the day o
, 1994, by and between the CITY OF CARLSBAD, a municipa
corporation, hereinafter referred 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 othewise divides the
established andlor future right-of-way of La Costa Avenue, El Camino Real, Leucadiz.
Boulevard, Qlivenhain Road and Rancho 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
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WHEREAS, the Cities of Carlsbad and Encinitas desire to establish mutuall!
agreed upon responsibilities for the funding, design, construction and maintenance of thr
major street and highway improvements necessary to maintain the established minimun
level of service standards on said roads.
NOW THEREFORE, in consideration of the above recitals, CARLSBAD anc
ENCINITAS do hereby mutually and jointly agree to participate in the funding, desigr
construction and maintenance of said street and highway infrastructure improvements a
follows:
1. ENCINITAS AND CARLSBAD MUTUALLY AGREE:
To participate in a joint San Diego Association of Governments (SANDAC
coordinated traffic study to determine the traffic impacts/issues between the tw
jurisdictions. The study will focus on Circulation Element roads (El Camino Rea
Olivenhain Road, La Costa Avenue, Leucadia Boulevard, Via Cantebria, an
Rancho Santa Fe Road) shared by the two cities, and address existing, planne
and proposed land uses.
This study will provide the basis to evaluate areas of mutual concern and potentii
significant adverse traffic impacts created by future development and mitigatio
measures which may be required beyond those identified specifically in thi
agreement.
EL CAMINO REAL ROAD WIDENING AND INTERSECTION IMPROVEMENTS
A. PROJECT DESCRIPTION
II.
1. The El Camino Real road widening and intersection improvemeni referenced in this section are more particularly described as follow!
a. The widening and improvement of El Camino Real betwee
Garden View Road and Olivenhain Road to augmented prirr arterial road standards including three through lanes and or auxiliary right turn/through lane in each direction, bikelane raised landscaped median, curbs, gutters, sidewalks an
streetlights exclusive of the intersection and bridge/culve improvements described in Section VIII.
2 REV. 6/22/!
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b. The widening and improvement of El Camino Real betwee
La Costa Avenue and Olivenhain Road to prime arterii standards including three through lanes in each directior bikelanes, raised landscaped median, curbs, gutter!
sidewalks and streetlights exclusive of the intersectio improvements described in Section VIII.
The construction of traffic signals, additional turn lanes an other appurtenant improvements at the El Camino Rel
intersections with Garden View Road, Woodley Road, Call Barcelona, Levante Street and La Costa Avenue.
The construction of traffic signal modifications, additional tur lanes and other appurtenant improvements to the intersectio of El Camino Real and Olivenhain Road exclusive of the roa improvements described in Sections VI and VIII.
All environmental mitigation measures, utility and drainag improvements necessary to construct the aforementionel
improvements.
c.
d.
e.
B. CARLSBAD AGREES:
1. To require Carlsbad developers to fully mitigate for buildout impact
to the El Camino Real intersections with Calle Barcelona and Levant
Street. Improvements necessary to serve a particular project c
phase to be in place prior to occupancy.
To require Carlsbad developers to share in the cost for the fundinl
of the traffic mitigation improvements to the El Camino Re:
intersections with La Costa Avenue with the Encinitas developers o
a fair share basis as determined from the combined traffic study.
To require Carlsbad developers to construct full improvements to E
Camino Real within the City limits of Carlsbad.
2.
3.
C. ENCINITAS AGREES:
1. To require the Encinitas developers to fully mitigate for buildou
impacts to the El Camino Real intersections with Woodley Road ant
Garden View Road. Improvements necessary to serve a particula
project or phase to be in place prior to occupancy.
To require the Encinitas developers to share the cost for the fundin!
of the traffic mitigation improvements to the El Camino ReE
intersections with La Costa Avenue with the Carlsbad developers 01
a fair share basis as determined from the combined traffic study.
2.
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3. To require Encinitas developers to construct full improvements b I
Camino Real south of Olivenhain Road.
To require Encinitas Ranch developer to improve the west half of E
Camino Real adjacent to the Encinitas Ranch open space propert
north of Olivenhain Road.
4.
111. RANCHO SANTA FE ROAD WIDENING - SOUTH OF OLIVENHAIN ROAD
A. PROJECT DESCRIPTION
1. The Rancho Santa Fe Road widening improvements referenced ii
this section are more particularly described as follows:
a. The widening and improvement of Rancho Santa Fe Roac
from Olivenhain Road to approximately 400 feet south of Calk
Acervo/Avenida La Posta to secondary arterial standard!
including two lanes in each direction, bikelanes, curbs
gutters, sidewalks, streetlights, a painted median, anc
associated transitions.
All environmental mitigation measures, utility and drainagc
improvements necessary to construct the above mentionec
improvements.
b.
B. CARLSBAD AGREES:
1. To require CARLSBAD developers to fund and construct ful
improvements to Rancho Santa Fe Road south of Olivenhain Roac
as described above.
To act as lead agency in the review and processing of environmental
documents.
2.
C. ENClNlTAS 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. 6/22/94 ?
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a. The widening and improvement of La Costa Avenue from E
Camino Real to Piraeus Street to modified major arteria
standards including two lanes in each direction, bikelanes,
8 foot wide raised landscaped median, curbs, gutters
sidewalk along the north side only and streetlights.
All environmental mitigation measures, utility and drainagt
improvements necessary to construct the above mentionec
improvements.
b.
B. CARLSBAD AGREES:
1.
2.
To act as Lead Agency in design, construction, and permitting.
To provide full funding for project with no funding participation fron
ENClNlTAS or from property owners within the jurisdiction o
ENClNlTAS unless such property is proposed for development prio
to construction of La Costa Avenue.
3. To require that prior to building occupancy subsequent tc
recordation of Green Valley Tentative Map 92-08, La Costa Avenut
shall be completed to full standards and the I-5/La Costa Avenut
interchange improved.
C. ENClNlTAS AGREES:
1. To accept roadway right-of-way for widening within their jurisdiction2
boundaries.
To cooperate in obtaining dedication of rights-of-way.
To consent to condemnation, if required, within their jurisdiction.
To cooperate in efforts to obtain appropriate permits to completc
project.
To expeditiously review and approve any required permits tc
construct within jurisdiction.
To require any proposed development abutting La Costa Avenue tr
construct frontage improvements if the proposed development i:
proposed and approved prior to the construction of La Cost;
Avenue. This requirement would be a condition on project approva
2.
3.
4.
5.
6.
5 REV. 6/22/9
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V. LA COSTA AVENUE/INTERSTATE 5 INTERCHANGE IMPROVEMENTS
A. PROJECT DESCRIPTION
1. The La Costa Avenue/lnterstate 5 interchange improvement
referenced in this section are more particularly described as follows
a. Widening and seismic retrofitting of the existing La Cost
Avenue overpass to accommodate four through lanes, du:
southbound left turn lanes, bikelanes and sidewalks. Widenin(
and improvement to the La Costa Avenue bridge approach ti
accommodate two through lanes in each direction, on
additional right turn lane onto the on-ramps in each directior
bikelanes, curbs, gutters, sidewalks and streetlights.
Widening and improvement to the existing on-ramps t
accommodate two lanes of traffic. Widening and improvemer
to the off-ramps to accommodate three traffic lane!
Installation of two traffic signals at each of the on/off-ram
intersections including a traffic signal interconnect.
All environmental mitigation measures, utility and drainag
improvements necessary to construct the above mentione
improvements.
b.
c.
B. CARLSBAD AGREES:
1. To act as Lead Agency with Caltrans for environmental revie\
permits, and construction including all administration and inspectio
To provide full funding for the La Costa Avenue/lnterstate
interchange improvements.
To negotiate and acquire necessary rights-of-way.
recordation of Green Valley Tentative Tract Map 92-08, La Cos
Avenue shall be completed to full standards and the I-5/La Cos
Avenue interchange improved.
To cooperate with ENClNlTAS in the realignment and signalizatic
of the intersection of La Costa Avenue and Piraeus Street as
separate project.
2.
3.
4. To require that prior to building occupancy subsequent
5.
6 REV. 6122r
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C. ENClNlTAS AGREES:
1. To act as responsible agency in the review and processing (
environmental documents.
TO expeditiously review and recommend approval of appropria.
environmental documents.
2.
3. To cooperate in the acquisition of required rights-of-way ar
clearance of utilities.
To consent to condemnation of rights-of-way as required.
To cooperate with CARLSBAD and Caltrans in efforts to secui
required permits.
To expeditiously review and approve required permits to all0
construction within jurisdiction.
4.
5.
6.
VI. LEUCADIA BOULEVARD EXTENSION AND WIDENING
A. PROJECT DESCRIPTION
1. The Leucadia Boulevard extension and widening improvemeni
referenced in this section are more particularly described as follow!
a. The widening and improvement of Leucadia Boulevard fro1
Interstate 5 to Sidonia Street to major arterial standarc
including two through lanes in each direction, bikelane
raised landscaped median, curbs, gutters, sidewalks an
streetlights.
The extension of Leucadia Boulevard from Sidonia Street t
El Camino Real to major arterial standards including tw
through lanes in each direction, bikelanes, raised landscape
median, curbs, gutters, sidewalks and streetlights an
including additional through, turn lanes and right-of-way at th
intersection with El Camino Real.
b.
c. Improvement of the Leucadia Boulevard/lnterstate
interchange including bridge widening, ramp signalizatio
ramp widening and appurtenant improvements as required k
Caltrans.
7 REV. 6122IS
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d. All environmental mitigation measures, utility and drainag
improvements necessary to construct the above mentione
improvements including any traffic signal modification at th
intersection with El Camino Real.
B. ENClNlTAS AGREES:
I. To act as Lead Agency for environmental review, permits, desig
and construction.
To secure funding for construction of all roadway improvements we!
of El Camino Real to and including the interchange with Interstate
with no funding participation from CARLSBAD or from properi
owners within the jurisdiction of CARLSBAD.
To require that concurrent with the occupancy of the first phase (nc
to exceed 475,000 sq. ft. of commercial uses) of the Encinitas Ranc
project, Leucadia Boulevard shall be required to be improved to tt-
following standards:
a. Full improvements from El Camino Real to Via Cantebria; an
b. Full width grading and two (2) lanes of improvements from VI
Cantebria to Sidonia Street.
Prior to the completion of the remainder of the Encinitas Rancl
Leucadia Boulevard shall be developed to full improvements (fot
lanes to 1-5) and Wleucadia Boulevard interchange improved.
The above requirements to be conditions of the tentative maps fc
Encinitas Ranch.
2.
3.
C. CARLSBAD AGREES:
1.
2.
To cooperate with ENClNlTAS in environmental review and approvz
To cooperate in obtaining required permits to construct Leucad
Boulevard.
To act as responsible agency in the review and processing (
environmental documents.
To expeditiously review and recommend approval of appropria
environmental documents.
3.
4.
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.- 5. 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.
6.
7.
8.
VII. VIA CANTEBRIA ROAD EXTENSION
A. PROJECT DESCRIPTION
1. The Via Cantebria Road extension improvements referenced in thi:
section are more particularly described as follows:
a. The extension of Via Cantebria from its current norther11
terminus to Leucadia Boulevard to secondary arteria
standards including a minimum of two through lanes in eact
direction, bikelanes, curbs, gutters, raised landscapec
median, sidewalk along the west side only and streetlights.
b. The extension of Via Cantebria from Leucadia Boulevarc
northerly into the Green Valley area of Carlsbad to modifiec
secondary arterial standards including curbs, gutters
bikelanes, sidewalks and streetlights. The road width anc
number of through lanes shall be as determined b
CARLSBAD and ENClNlTAS after completion of the combinec
traffic study.
All environmental mitigation measures, utility and drainagl
improvements necessary to construct the above mentione
improvements including any new traffic signals.
c.
8. CARLSBAD AGREES:
1. To require the developer to realign and construct, to the city limits (
CARLSBAD, Via Cantebria (Street "A") in the general configuratic
shown on Exhibit "A". This would not, however, preclude relocatin
Street "A" (on Exhibit A) further west should the developer find th
beneficial to the land use planning of Green Valley Master Plan.
9 REV. 6/22/! fY
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C. ENCINITAS AGREES:
1. To require the developer to realign and construct, to the city limits c
ENCINITAS, Via Cantebria (Street "A") in the general configuratics
shown on Exhibit "A". This would not, however, preclude relocatiri
Street "A" (on Exhibit A) further east should the developer find thr
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 improvement!
hereinafter referred to as "PROJECT", shall be as follows:
a. The widening and improvement of Olivenhain Road from I
Camino Real to 1,400 feet east to Carlsbad's prime arterii
standards including three through lanes in each directioi
bikelanes, curbs, gutters, an 18-foot wide raised landscape
median, sidewalks and streetlights.
b. Modifications to the intersection of El Camino Real an
Olivenhain Road including traffic signal modification:
appurtenant roadway and drainage improvements and th
extension of the existing bridge/culvert, exclusive of th
improvements described in Sections II and VI.
All environmental mitigation measures, utility and drainag
improvements necessary to construct the above mentione
including the construction of a major offsite retention basi
necessary to mitigate potential flooding of the El Camin
Real/Olivenhain Road intersection.
c.
B. CARLSBAD AGREES:
1. To act as lead agency for the purpose of design and environment,
review and to provide all labor, materials, tools and equipment fc
PROJECT including permit acquisition, advertising, award, contrac
administration, Resident Engineer, material source inspectioi
independent assurance and specialty testing, and such otht
construction engineering as may be required for satisfactoi
completion of PROJECT.
To construct PROJECT by contract in accordance with plans an
specifications prepared by CARLSBAD and approved t
ENCINITAS, said plans being referred to as Improvement Plans fc
Olivenhain Road and Improvement Drawing No. 336-5.
2.
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3. To establish separate PROJECT accounts to accumulate charges for
all costs to be paid for by ENClNlTAS pursuant to this Agreement.
To submit initial billing in the amount of $ 100,000 to ENClNlTAS
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 ENClNlTAS with a detailed statement of the total actual costs
of construction and SERVICES for PROJECT, including the costs oi
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 shal
refund to ENClNlTAS any amount of ENCINITAS’ deposits plu;
accrued interest and payments CARLSBAD is holding after actua
costs to be borne by CARLSBAD have been deducted, or to bil
ENCINITAS for any additional amount required to completc
ENCINITAS’ financial obligations pursuant to this Agreement.
To designate a project Resident Engineer who shall represen
CARLSBAD as the single point of contact for PROJEC‘
administration.
To consult with ENClNlTAS in resolution of any contract claim!
associated with work.
To acquire necessary right-of-way to allow construction of PROJEC
north of roadway centerline.
To fund one-half of the total PROJECT costs.
To fund one-half of the utility relocation costs associated with th
road construction.
--
4.
5.
6.
7.
8.
9.
10.
11.
C. ENClNlTAS AGREES:
1. To designate a single project representative authorized to act c
behalf of ENCINITAS in relation to contract change orders an
overall PROJECT coordination. Said representative and CARLSBAD
Engineer will cooperate and consult with each other, but tt
decisions of CARLSBAD’s Resident Engineer shall prevail as fin:
binding and conclusive in all matters concerning PROJEC
construction contract.
11 REV. 6/22/!
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- 2. To relinquish to CARLSBAD rights in the maintenance and operatio
of the construction zone within the boundaries of ENCINITAS for th
duration of construction and authorizes CARLSBAD to act as if
authorized agent to direct contractor for traffic control, signal timing
and other measures deemed necessary for construction an
administration of the PROJECT.
To bear fifty (50) percent of the actual cost of SERVICES fc
PROJECT. Said costs of SERVICES shall include costs of providin
personnel resources and including the cost of any furnishe
materials, supplemental work, change orders and contract claim
related claims which may be filed by the contractor or portion (
SERVICES attributed to such work applied in accordance wit
standard accounting procedures. The actual cost of SERVICES fc
PROJECT shall be determined after completion of all work and up0
final accounting of costs. The total amount due shall be reduced b
one-half of the cost of ENCINITAS personnel resources (direc
salaries and benefits) attributable to the project.
To deposit with CARLSBAD within thirty (30) days of award of th
construction contract, one-half of total PROJECT costs, to COVE
ENCINITAS’ share of construction costs, including utility relocatio
and environmental mitigation measures and a ten percer
contingency fund.
To pay CARLSBAD upon completion of all work and within twent)
five (25) working days of receipt of a detailed statement made up0
final accounting of costs, therefore, any amount over and above th
aforementioned deposits and payments required to complet
ENCINITAS’ financial obligation pursuant to this Agreement.
To provide all rights-of-way required for construction and necessar
mitigation within ENCINITAS’ jurisdiction.
To fund one-half of the utility relocation costs associated with th
road construction.
To approve PROJECT plans and specifications within ten (IO) day
of final submittal by CARLSBAD.
-,
3.
paid to the construction contractor, and the defense of all projer
4.
5.
6.
7.
8.
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9. Within ten (10) days of completion of the PROJECT and notificatioi
by CARLSBAD, ENClNlTAS shall inspect all work performed on thl
PROJECT and determine whether the work was completed ii
accordance with ENCINITAS’ approved plans and specifications. I
by the end of this ten (10) day period, ENClNlTAS has not notifiel
CARLSBAD in writing through the City Engineer that the wor
materially varies from the approved plans, ENClNlTAS shall b
deemed to have accepted the PROJECT in accordance with th
approved plans and specifications.
To cooperate in obtaining required permits.
To expeditiously review and approve any required permits fc
construction of PROJECT within jurisdiction.
10.
11.
C. ENClNlTAS and CARLSBAD mutually agree that:
1. CARLSBAD shall not advertise a construction contract until it ha
received written approval from ENClNlTAS approving plan:
specifications, and estimates.
If, after opening bids for PROJECT, the lowest responsible bid is nc
more than the Engineer’s Estimate, CARLSBAD may award th
contract.
If, upon opening of bids for PROJECT, it is found that the lowe:
responsible bid exceeds the Engineer’s Estimate, CARLSBAD ani
ENClNlTAS shall consult and agree upon a course of action.
If, after thirty (30) days, no agreement is reached CARLSBAD shE
reject all bids.
2.
3.
4.
IX. BOUNDARY ADJUSTMENTS
A. CARLSBAD and ENClNlTAS mutually agree to pursue jurisdiction:
boundary adjustments through Local Agency Formation Commissioi
(LAFCO) upon completion of roadway improvements as follows:
1. Along La Costa Avenue from approximately 400 feet west of E
Camino Real to Interstate 5, move the city limit boundary to coincid
with the south right-of-way line of La Costa Avenue.
Along Leucadia Boulevard, west of El Camino Real where th
roadway enters Carlsbad city limits, move the city limit boundary t
coincide with the north right-of-way line of Leucadia Boulevard.
2.
REV. 6/22/5 13
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3. Along Olivenhain Road from El Camino Real to approximately 4,OO
feet east of El Camino Real, move the city limit boundary to coincid
with the construction centerline of Olivenhain Road.
Along Rancho Santa Fe Road from approximately 1,200 feet nort
of Calle AcervolAvenida La Posta to approximately 400 feet south c
Calle Acervo/Avenida La Posta, move the city limit boundary to th
construction centerline of Rancho Santa Fe Road.
4.
X. FUTURE PROJECT REQUIREMENTS
CARLSBAD and ENClNlTAS agree that, to the degree allowed by law, if a projec
within the land use jurisdiction of either city will cause a significant adverse traffi
impact on either or both cities, the responsible city shall condition the approval c
such project to contribute its fair share of costs to mitigate or otherwise construc
appropriate mitigation measures to relieve such adverse traffic impacts.
XI. REGIONAL FUNDING
CARLSBAD and ENClNlTAS agree to actively pursue regional funds to assi:
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 t
materials, equipment, and appurtenances which are installed withi
CARLSBAD’s right-of-way will automatically be vested and maintained b
CARLSBAD. Materials, equipment, and appurtenances which are installe
within ENCINITAS’ right-of-way will be vested and maintained b
EN CIN ITAS.
Upon completion of any jurisdictional boundary adjustment betwee
ENClNlTAS and CARLSBAD, the road improvements affected by th
boundary adjustment shall automatically become vested and be maintaine
by the respective City having jurisdiction over the improvement. No furthc
agreement will be necessary to transfer ownership as hereinabove statec
B. TRAFFIC SIGNAL IMPROVEMENTS
Traffic signal improvements shall be owned and maintained by the Cii
having jurisdiction over the intersecting streets at which the traffic signal I
located.
REV. 6/22/S 14 f e$
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Where the jurisdictional boundary bisects one or both of the intersectin
streets, maintenance responsibility for the traffic signal shall be administere
by the City which has jurisdiction of the traffic signal controller. The cost 1
maintain a multi-jurisdictional traffic signal shall be shared by both Citic
based upon a ratio of each Cities jurisdictional control of the correspondir I
corners of the intersection.
CARLSBAD and ENClNlTAS may alternatively enter into a separate traff
signal maintenance agreement based on any mutually agreed upon term
-.
XIII. LIABILITY AND INDEMNIFICATION
Pursuant to Section 895.4 of the Government Code, CARLSBAD and ENClNlTA
agree that each will assume the full liability imposed upon it or any of its officer!
agents, or employees for injury caused by a negligent or wrongful act or omissi0
occurring in the performance of this agreement, and each party agrees t
indemnify and hold harmless the other party for any loss, cost, or expense th:
may be imposed upon such other party by virtue of Sections 895.2 and 895.6 (
the Government Code.
The indemnity provisions are not limited in any way by the extent of any policy (
insurance currently in force and held by either party. All construction contracts fc
any project which spans the jurisdictional boundary between CARLSBAD an
ENClNlTAS shall include indemnity provisions and insurance provisions, wherek
the contractor indemnifies both CARLSBAD and ENClNlTAS and adds both Citie
as additional insured on Insurance Policy.
XIV. NOTIFICATIONS
Unless otherwise specifically provided in this Agreement, all notices, demands, c
other communications given hereunder will be in writing and will be deemed t
have been duly delivered upon personal delivery or as of the second business da
after mailing by United States mail, return receipt requested, postage prepare1
and addressed as follows:
If to ENCINITAS: Alan Archibald
Director of Engineering Services
CITY OF ENClNlTAS
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. 6/22/9
20
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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 01
which when so executed and delivered shall be an original, but all suck
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 suck
other venue as provided by law.
XIX. SEVERABILITY
If one or more clauses, sentences, paragraphs, provisions or terms of thi!
agreement shall be held to be unlawful, invalid, or unenforceable, it is hereb
agreed by the cities that the remainder of this agreement shall not be affectec
hereby.
XX. HEADINGS
The headings of articles and paragraphs of this agreement are for convenienci
only, and no presumption or implication of the intent of the parties as to thl
construction of this agreement shall be drawn therefrom.
....
....
....
....
16 REV. 6/22/!
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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 CARLSBAC
and by the CITY OF ENCINITAS pursuant to action taken by the City Council.
CITY OF ENCINITAS, a municipal
corporation
GAjL HANO, Ma’or”
DATE: 6 i; ,/$y
ATTEST: ATTEST:
DATE: y/&/&
&Y&
%LETHAW
-.p+ PAJ
E. JANE P bL,
City Clerk City Clerk
APPROVED AS TO FORM:
ROGER KRAUEL RONALD R. BALL
City Attorney City Attorney
KAREN R. KUNDTZ, Assistant City Clerk
APPROVED AS TO FORM:
By: By: Lf2.L
City Attorney city Attorney 7, /+9+ .
17 REV. 6/22/91
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A
a
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V1A CANTEBRIA EXTfNSlON
( STREET "A" I
SCALE 1' - 300'
EXHIBIT
2
-e- * t 11.1 v
A Carlsbad Partners, ltd. .................... ....
2111 Palomar Rirport Road
Suite 100
Carlsbad. CR 92009 CROSSING
July 12, 1994
Mayor Claude Lewis and City Council Members
City of Carlsbad 1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Re: Agreement for the Construction of Various
Circulation Element Roads
Agenda Item 11
Honorable Mayor Lewis and City Council Members,
Carlsbad Partners, Ltd. supports the proposed Agreement between
Carlsbad and Encinitas for the construction of various
circulation element roads. This Agreement includes the provisio
for a joint, SANDAG coordinated, traffic study for our proposed
Green Valley Crossings and Encinitas Ranch.
In May, when we requested a continuance of our project, you
directed us to work with your staff to address traffic issues an
other concerns raised during the public hearing. The joint
traffic study proposed in the Agreement is critical to our
ability to further analyze cumulative traffic impacts and
mitigations. Consequently, we ask that you approve the Agreemen and request that you encourage your staff to proceed to quickly
finalize the scope of the traffic study and begin the SANDAG wor
effort.
In May we also committed to continue to meet with the local
community to discuss our project’s impacts and proposed
mitigation measures, This continues to be our commitment.
However, we cannot effectively undertake to accomplish that unti
the results of the joint traffic study are known.
We do want to bring to your attention one concern and a special
request regarding the Agreement. Our concern is that the study
include appropriate baseline conditions for Green Valley
Crossings and Encinitas Ranch. It is our position that baseline
conditions include the existing land use designations,
* e V?r*b
I
L
development policies, and traffic models upon which regional
planning decisions by Carlsbad and Encinitas have been founded
for years.
Green Valley Crossings, which has been planned to be consistent
with those baseline conditions, should not be represented the
same as Encinitas Ranch which is proposing to exceed these
baseline conditions 2 1/2 times. If Green Valley Crossings and
Encinitas Ranch are treated equally, in terms of baseline
conditions, then Carlsbad would essentially be forfeiting planne
density and traffic capacity and giving it to an other property
owner in an other jurisdiction. It does not appear equitable to
us that Green Valley Crossings should be penalized for staying
within existing traffic generation criteria at the expense of
other projects which substantially exceed these existing
criteria.
From reading the draft Agreement, we do not believe Carlsbad
intends to relinquish its traffic capacity. The Agreement calls
for the joint traffic study to distinguish between “existing,
planned, and proposed land uses”. Our request is that it be
confirmed that Carlsbad does not intend to give up the traffic
capacity on which all its land use planning and decision making
for the southeast and southwest quadrants has been based.
Yours truly,
7)/* Luu
Marinus W. Baak, P.EI
Owner’s Representative
Green Valley Crossings