HomeMy WebLinkAbout1996-07-23; City Council; 13746; FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF CARLSBAD AND ENCINITAS FOR THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS4 ;'
I d ,/, ;, J, ,'/e ( L ;<' 'C. ' CITY OF CARLSBAD - AG IJDA BILL k - TITLE FIRST AMENDMENT TO AGREEMENT AB# q ? qd? BETWEEN THE CITIES OF CARLSBAD AND MTG. 7-23-96 ENClNlTAS FOR THE CONSTRUCTION
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DEPT. HD.
CITY ATTY
OF VARIOUS CIRCULATION ELEMENT ROADS OEPT. ENG CITY MGR.
I RECOMMENDED ACTION:
Adopt Resolution No. 96- 260 authorizing the Mayor to execute the first amend
agreement between the City of Carlsbad and the City of Encinitas for the constructior
circulation element roads within the cities of Carlsbad and Encinitas dated June 14, I!
ITEM EXPLANATION:
On June 14, 1994, the Cities of Carlsbad and Encinitas entered an agreeme
responsibilities for various circulation element roadways of mutual concern to bot1
Since that time, various refinements to the development character and intensities ha in both Cities which give rise to the need for the proposed first amendment to the agrt
The major land use changes are the reduction of the intensity of development pror
Green Valley Master Plan area, revisions to the alignment of Via Cantebria
refinements in the land uses for Phase 1 of the Encinitas Ranch project.
The proposed amendment includes:
1. Encinitas will advance $200,000 to Carlsbad to accelerate construction of the
curb lane (No. 3 lane) on El Camino Real extending from Olivenhain Road 40
This will complete the ultimate improvements to the intersection and el
potential for interim capacity problems.
B g c e. 2
These improvements are a condition of both the Green Valley Master Plan (
and the Arroyo La Costa project. Both projects have been delayed. F
Encinitas will allow these improvements to be completed with the upcoming
Road project.
The $200,000 provided by Encinitas will be credited to any future funding c
improvements required at El Camino Real and La Costa Avenue, attributable
development.
2. The amount of square footage of commercial development allowed in the first
Encinitas Ranch project has been increased from 475,000 square feet to 52(
feet.
3. The amendment requires that Leucadia Boulevard be completed from El Ca
permit for the project. If the developer fails to accomplish this construction w
z E! Sidonia Street by the Encinitas Ranch developer within three years of issuanl
allotted, Encinitas will complete the project one year thereafter. 0 a
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Page Two of Agenda P ill No. 13: '? q 6
It is currentJy contemplated that the required improvements will begin with
month and be complete within six months. Rights-of-way for the improvement3
granted, an acquisition assessment district formed and bonds sold to
improvements. Encinitas currently holds the funds for the project to rei1
developer when complete.
If, for some reason the developer should stop performance, Encinitas has tht
resources dedicated to complete these improvements in conformance with th
agreement.
4. Section VI B of the agreement has been revised to establish a clear tim
commitment for the construction of the Leucadia Boulevard - Interstate 5 inter
the opening of Leucadia Boulevard to through traffic. These improvement
complete within three years unless extended by mutual agreement due on
created by Caltrans processing. The project has completed the first stage of i
process and Encinitas will be contracting with Boyle Engineering to complete c
as quickly as possible.
5. Section Vlll VIA CANTEBRIA ROAD EXTENSION has been revised tc
Engineers in both Cities to establish the final alignment of Via Cantebria Roac
Green Valley to Leucadia Boulevard. This alignment has already been agre
parties but differs significantly from that shown in the original agreement. Tb
is due primarily to redesign of the Green Valley project. The new language \
Engineer's flexibility to make minor adjustments to that alignment in the process. Any alignment will conform to that approved in the Green Valley Proj
FISCAL IMPACT:
The proposed amendments will accelerate the construction of a portion of El Camir
the extent that project costs exceed the $200,000 provided by Encinitas, additional
be required from the Olivenhain Project Account. These funds would be rei
developers when development occurs. Preliminary estimates indicate the w
completed for under $200,000.
EXHIBITS:
1. First Amendment to Agreement
3. Agenda Bill for approving original agreement.
2. Resolution NoF 9 6-a
< m e EXHIBIT 1
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE CITY OF ENClNlTAS
FOR THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS WITHIN
TH € CITIES OF CARLSBAD AND ENCINITAS
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into as of
the day of 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.
R ECTlA LS
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 ENClNlTAS and CARLSBAD; and,
WHEREAS, both cities now find it desirable to revise said Agreement.
NOW THEREFORE, in consideration of the above recitals, CARLSBAD and
ENClNlTAS 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 ENClNlTAS to construct the
Number 3 northbound lane on El Camino Real from the
intersection with Olivenhain Road north 400 feet toward
Encinitas’ developer‘s share of the traffic mitigations required at
the intersection of El Camino Real and La Costa Avenue when
said improvements are constructed.
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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
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
(not to exceed 520,000 sq. ft. of commercial uses) of the
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
(1-5) shall remain closed to thru traffic until the completion of full
improvements to the Leucadia Boulevard 1-5 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.
Vlll 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
a e
alignment mutually agreeable to the City Engineers (Director's of
Engineering Services) for both cities.
C. ENClNlTAS 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. Ail 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 is
executed by the CITY OF CARLSBAD and by the CITY OF ENClNlTAS pursuant to
action taken by the City Council.
CITY OF ENCINTAS, a municipal
corporation
JAMES BOND, Mayor
Date: Date: 7/. ,T,/ 4 cp
ATTEST: ATTEST:
llQQxLL R. Q" DEBORAH CERVONE ALETHA L. RAUTENKRANZ,
City Clerk City Clerk
APPROVED AS TO FORM:
RONALD R. BALL cityAL BY: fz. &"Q4 City Attorney
DATE: 7 Jc//y& 1 I I
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RESOLUTION NO. 96-260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE THE FIRST AMENDMENT TO 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, ENCINITAS AND CARLSBAD entered into an AGREEMI
THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS (A!
on June 14, 1994; and
WHEREAS, the intensity and character of development anticipated by :
Agreement has subsequently been refined in both ENCINITAS and CP
and
WHEREAS, both cities now find it desirable to revise said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of tt-
Carlsbad, 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 ful
improvement of circulation element improvements serving the cities of Carl:
Encinitas, the City Council of the City of Carlsbad hereby authorizes the
execute the first amendment to the agreement between the City of Carlsbac
City of Encinitas for the construction of various circulation element roads v
cities of Carlsbad and Encinitas dated June 14, 1994.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl:
Council held on the 23rd day of JULY , 1996 by the following vo'
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clkrk (SEAL)
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Em@ AGREEMENT BEMI€@(. ._
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DEP1
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MTG. 7/12/94
DEPT. ENG
ClTY ME CITIES OF CARLSBAD AND ENCINITAS
RECOMMENDED ACTION:
C1N FOR THE CONSTRUCTION OF VARIOUS
CIRCULATION ELEMENT ROADS
Adopt Resolution No. 9r-19 3 authorizing the Mayor to execute the agreement the City of Carlsbad and the City of Encinitas for the construction of various ci element roads within the cities of Carlsbad and Encinitas. I ITEM EXPLANATION: I In recent weeks, the review of major development projects along the borders of
and Encinitas have emphasized the need to develop strategies and respo between the two cities for the implementation of shared circulation element roac
The proposed agreement provides for the implementation of the roadways fist(
with the major responsibilities as outlined.
ROADWAY SUMMARY
ROADWAY RESPONSIBIL UMIT
1. El Camino Real
Joint (based on At La Costa Avenue 2 Ei Camino Real
frontage & traffic La Costa Avenue Joint (based on Garden View Road to
traffic study)
3. Rancho Santa Fe Road Carisbad Olienhain Road to
Cdie Acervo/La Posta
4. La Costa Avenue Wdenlng
s pli El Camino Real to 8. Olivenhain Road
Encinitas At Interstate 5 interchange 7. Leucadia Boulevard
Encinitas El Camino Real to 1-5 6. Leucadia Boulevard
Carlsbad At Interstate 5 Interchange 5. La Costa Avenue
Carlsbad La Costa Avenue to 15
1,400 feet east
The agreement commits to the extension of Via Cantebria into the Green Valley prc
(Carlsbad/Encini
The responsibilities for the intersection of El Camino Real at La Costa Avenr
the general alignment shown on Exhibit "A" to the agreement.
determined by a joint traffic study coordinated by SANDAG.
Encinitas Ranch is required to complete concurrent with occupancy of the first ph:
project full width grading and two lanes of improvements to Leucadia Bouleva Camino Real to Sidonia Street (see Page 8 of agreement).
EXHIBIT
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Page 2 of Agenda BI ? No, Id! 7 73 rl
Both agencies agree to pursue boundary adjustments to clarify roadway responsibili
Both cities agree to require future development to mitigate significant adverse traffic il
to either jurisdiction to the extent allowed by law that are not otherwise dealt with spe
in the agreement.
FISCAL IMPACT
The agreement clarifies obligations toward major circulation element roadways. $3.5
in Community Facilities District (CFD) No. 1 will no longer be required for the LE
Boulevard extension. The agreement also secures a $2 to $3 million commitmenl
Road financing program.
Extension of Via Cantebria and mitigations to the El Camino Real intersections with L
Avenue, Levante Street, Calle Barcelona, and Olivenhain Road will likely increase imprc
costs to Carlsbad developers. These costs could be offset by diversion of TI1
previously allocated to Leucadia Boulevard.
Through operation of the agreement, the City relinquishes the possibility of 1
assistance on the La Costa Avenue widening and the La Costa Avenue/ld lnterchar
Section X of the agreement obligates future development to deal with potential si{
adverse impacts to roadways in Encinitas. This could expose this development tl
expenses that are not known at this time. '!
Olivenhain Road widening which will reduce obligations to the proposed Rancho Si
EXHIBITS:
I. Location Map.
2. Resolution No. 9 4 - 143 authorizing the Mayor to execute the agreement t
the City of Carlsbad and the City of Encinitas for the construction of various cir
element roads within the cities of Carlsbad and Encinitas.
3. Agreement between the City of Carlsbad and the City of Encinitas for the con!
of various circulation element roads within the cities of Carlsbad and Encinit
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NOT TO SCALE
G1-r Y OF
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PROJECT NAME CARLSBAD/ENCINITAS ROADWAYS I'
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RESOLUTION NO. 9 4 - 19 3
A RESOLUTION OF THE CITY COUNCIL OF THE CrrY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT BETWEEN THE Crpl OF CARLSBAD AND THE CIW OF
ENGINITAS FOR THE CONSTRUCTION OF VARIOUS ClRCUIATlOh
ELEMENT ROADS WITHIN THE CRIES OF CARLSBAD AND ENClNlTAE
WHEREAS, Carlsbad and Encinitas share a common city limit boundary; ar
WHEREAS, said city limit boundary crosses; runs along, or otherwise
established and/or Mure right-of-way of La Costa Avenue, El Camino Real, Leucadi;
Olivenhain Road, and Rancho Santa Fe Road; and,
WHEREAS, said roads are integral to the circulation element plans for Carlsbs
and the North County Region in general; and,
WHEREAS, traffic impacts from development along and adjacent to said roa
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cities of Carlsbad and Encinitas will adversely impact the proper functioning and le1
standards of said roads unless certain major street and highway infrastructure imprc
installed prior to, or concurrent with, the needs created by said development; and
WHEREAS, the cities of Carlsbad and Encinitas acknowledge the in
maintaining established minimum level of senrice standards on said roads fo
functioning of the local and regional circulation network; and,
WHEREAS, the cities of Carlsbad and Encinitas desire to establish a mu
upon responsibility for the funding, design, construction, and maintenance of the ms
highway Improvements necessary to maintain the established minimum level of sew
on said roads.
NOW, THEREFORE, BE IT RESOLVED by the Ci Council of the City
California, as follows:
1. That the above recitations are true and correct.
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3. Thd in fkb halt iiitaW bf reoianal t8flDmtiOfI and to further the imDrr
circulation element improvements serving the cities of .Carlsbad and Encinitas, the C
of the Ci of Carlsbad hereby-authorizes the Mayor to execute the agreement betwe'
of Carlsbad and the City of Encinitas for the construction of various circulation eler
within the cities of Carlsbad and Encinitas.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C
held on the 12th day of JULY , 1994 by the following vote, to wit:
AYES! Council Members Lewis, Stanton, Kulchin, Nygaard, Finn:
NOES: None
ABSENT: None
ATTEST;
r /&yJ#G-
-H~J~TEN~NZ, City Clerk m
KAREN R.-KmTZ, &histant City Clerk
(SEAL)
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AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE CI7Y OF ENCINITAS FOR THE CONSTRUCTION OF VARIOUS CIRCULATION ELEMENT ROADS
WITHIN THE CITIES OF CARLSBAD AND ENCINITAS
ILJb
THIS AGREEMENT, made and entered into as of the x day +@=" 1994, by and between the ClTY OF CARLSBAD, a munici
corpo"ration, hereinafter referred to as "CARLSBAD", and the CTp( OF ENCINITAS
municipal corporation, hereinafter referred to as "ENCINITAS.
RECITALS
WHEREAS, CARLSBAD and ENCINITAS share a common city limit boundary; a
WHEREAS, said city limit boundary crosses, runs aiong or otherwise divides
established and/or future right-of-way of La Costa Avenue, El Camino Real, Leucz
Boutevard, Olivenhain Road and Rancho Santa Fe Road; and,
WHEREAS, said roads are integral to the circulation element plans for Carisk
Encinitas and the North County Region in general; and,
WHEREAS, traffic impacts from development along and adjacent to said ro
within the Cities of Carlsbad and Encinitas will adversely impact the proper functioi
and level of service standards of said roads unless certain major street and high
infrastructure improvements are installed prior to or concurrent with the needs crei
by said deveiopment; and,
WHEREAS, the Cities of Carlsbad and Encinrtas acknowiedge the importanc
maintaining established minimum level of service standards on said roads for the prc
functioning of the local and regional circulation network; and,
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WHEREAS, the Cities of Carlsbad and Encinitas desire to establish mutt
agreed upon responsibilities for the funding, design, construction and maintenance o
major street and highway improvements necessary to maintain the established minin
level of service standards on said roads.
NOW THEREFORE, in consideration of the above recitals,. CARLSBAD
ENClNlTAS do hereby mutually and jointly agree to participate in the funding, de5
construction and maintenance of said street and highway infrastructure improvemeni
follows:
1. ENClNlTAS AND CARLSBAD MUTUALLY AGREE:
To participate in a joint San Diego Association of Governments (SANE
coordinated traffic study to determine the traffic impactshssues between the
jurisdictions. The study will focus on Circulation Element roads (El Camino I
Olivenhain Road, La Costa Avenue, Leucadia Boulevard, Via Cantebria,
and proposed land uses.
This study will provide the basis to evaluate areas of mutual concern and pot€
significant adverse traffic impacts created by future development and mitig;
measures which may be required beyond those identified specifically in
agreement.
Rancho Santa Fe Road) shared by the two cities, and address existing, plar
II. EL CAMINO REAL ROAD WIDENING AND INTERSECTlON IMPROVEMENT
A. PROJECT DESCRIPTION
1. The El Camino Real road widening and intersection improver referenced in this section are more particularly described as foll
a. The widening and improvement of El Camina Real betc Garden View Road and Olivenhain Road to augmented F arterial road standards including three through lanes anc auxiliary right tum/through lane in each direction, bike12 raised landscaped median, curbs, gutters, sidewalks streetlights exclusive of the intersection and bridgekt improvements described in Section VIII.
2 REV. 61
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b. The widening and improvement of El Camino Real betw
La Costa Avenue and Olivenhain Road to prime art6 standards including three through lanes in each direct bikelanes, raiscd landscaped median, curbs, gutt
sidewalks and streetfights exclusive of the intersec improvements described in Section VIII.
c. The construction of traffic signals, additional turn lanes i other appurtenant improvements at the El Camino F
intersections with Garden View Road, Woodley Road, C Barcelona, Levante Street and La Costa Avenue.
d. The construction of traffic signal modifications, additional 1 lanes and other appurtenant improvements to the intersec of El Camino Real and Olivenhain Road exclusive of the r(
improvements described in Sections VI and VIII.
e. All environmental mitigation measures, utility and drain; improvements necessary to construct the aforementiol improvements.
B. CARLSBAD AGREES:
1. To require Carlsbad developers to fully mitigate for buildout imp;
to the El Camino Real intersections with Calle Barcelona and Lev;
Street. Improvements necessary to serve a particular projec
phase to be in place prior to occupancy.
2. To require Carlsbad developers to share in the cost for the func
of the traffic mitigation improvements to the El Camino F
intersections with La Costa Avenue with the Encinitas developers
a fair share basis as determined from the combined traffic stud
3. To require Carlsbad developers to construct full improvements tl Camina Real within the City limits of Carlsbad.
C. ENClNlTAS AGREES:
1. To require the Encinitas developers to fully mitigate for builc
impacts to the El Carnino Real intersections with Woodley Road i
Garden View Road. Improvements necessary'to sewe a partic
project or phase to be in piace prior to occupancy.
2. To require the Encinitas developers to share the cost for the func
of the traffic mitigation improvements to the El Camino F
intersections with La Cosba Avenue with the Carlsbad developer:
a fair share basis as determined from the combined traffic stud
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3. To require Encinitas developers to construct full improvements '
Camino Real south of Olivenhain Road.
4. To require Encinitas Ranch developer to improve the west half
Camino Real adjacent to the Encinitas Ranch open space proF
north of Olivenhain Road.
111. RANCHO SANTA FE ROAD WIDENING - SOUTH OF OLIVENHAIN ROAD
A. PROJECT DESCRIPTION
1. The Rancho Santa Fe Road widening improvements reference
this section are more particularly described as follows:
a. The widening and improvement of Rancho Santa Fe F
from Olivenhain Road to approximately 400 feet south of (
Acervo/Avenida La Posta to secondary arterial stand(
including two lanes in each direction, bikelanes, CL
gutters, sidewalks, streetlights, a painted median,
associated transitions.
b. All environmental mitigation measures, utility and drair
improvements necessary to construct the above mentic
improvements.
B. CARLSBAD AGREES:
1. To require CARLSBAD developers to fund and construct
improvements to Rancho Santa Fe Road south of Olivenhain R
as described above.
2. To act as lead agency in the review and processing of environmc
documents.
C. ENClNlTAS AGREES:
1. To expeditiously review and approve required permits to 2
construction within jurisdictional boundaries.
IV. LA COSTA AVENUE WIDENING
A. PROJECT DESCRIPTION
1. The La Costa Avenue widening improvements referenced in
section are more particularly described as follows:
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a. The widening and improvement of La Costa Avenue fro
Camino Real to Piraeus Street to modified major ar
standards including two lanes in each direction, bikeian
8 foot wide raised landscaped median, curbs, gu:
sidewalk along the north side only and streetlights.
b. All environmental mitigation measures, utility and drair
improvements necessary to construct the above mentic
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 i
ENClNlTAS or from property owners within the jurisdictiol
ENClNITAS unless such property is proposed for development I
to construction of La Costa Avenue.
3. To require that prior to building occupancy subsequen
recordation of Green Valley Tentative Map 92-08, La Costa Av<
shall be completed to full standards and the I-5/La Costa Avg
interchange improved.
C. ENClNlTAS AGREES:
1. To accept roadway right-of-way for widening within their jurisdictic
boundaries.
2. To cooperate in obtaining dedication of rights-of-way.
3. To consent to condemnation, if required, within their jurisdictior
4. To cooperate in efforts to obtain appropriate permits to comF
project.
5. To expeditiously review and approve any required permits
construct within jurisdiction.
6. To require any proposed development abutting La Costa Avenu
construct frontage improvements if the proposed developmer
proposed and approved prior to the construction of La Cc
Avenue. This requirement would be a condition on project apprc
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W. LA COSTA AVENUE/INTERSTATE 5 INTERCHANGE IMPROVEMENTS
A. PROJECT DESCRIPTION
1. The La Costa .Avenue/lnterstate 5 interchange improverr
referenced in this section are more particularly described as foll
a. Widening and seismic retrofitting of the existing La C
Avenue overpass to accommodate four through lanes,
' southbound left turn lanes, bikelanes and sidewalks. Wide
and improvement to the La Costa Avenue bridge approal
accommodate two through lanes in each direction,
additional right turn lane onto the on-ramps in each direc
bikeianes, curbs, gutters, sidewalks and streetlights.
b. Widening and improvement to the existing on-ramp
accommodate two lanes of traffic. Widening and improve1
to the off-ramps to accommodate three traffic I:
Installation of two traffic signals at each of the on/off-1
intersections including a traffic signal interconnect.
c. All environmental mitigation measures, utility and drail
improvements necessary to construct the above mentil
improvements.
B. CARLSBAD AGREES:
1. To act as Lead Agency with Caitrans for environmental re
permits, and construction including all administration and inspec
2. To provide full funding for the La Costa Avenue/lnterstz
interchange improvements.
3. To negotiate and acquire necessary rights-of-way.
4. To require that prior to building occupancy subsequer
recordation of Green Valley Tentative Tract Map 92-08, La (
Avenue shall be completed to full standards and the I-5/La C
Avenue interchange improved.
5. To cooperate with ENClNlTAS in the realignment and signaliz
of the intersection of La Costa Avenue and Piraeus Street
separate project.
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C. ENCINITAS AGREES;
1. To act as responsible agency in the review and processin!
environmental documents.
2. To expeditiously review and recommend approval of approp
environmental documents.
3. To cooperate in the acquisition of required rights-of-way
clearance of utilities.
4. To consent to condemnation of rights-of-way as required.
5. To cooperate with CARLSBAD and Caltrans in efforts to sec
required permits.
6. To expeditiously review and approve required permits to E construction within jurisdiction.
VI. LEUCADIA BOULEVARD EXTENSION AND WIDENING
A. PROJECT DESCRIPTION
1. The Leucadia Boulevard extension and widening improvem
referenced in this section are more particularly described as folk
a. The widening and improvement of Leucadia Boulevard 1
Interstate 5 to Sidonia Street to major arterial stand;
including two through lanes in each direction, bikela
raised landscaped median, curbs, gutters, sidewalks
streetlights.
b. The extension of Leucadia Boulevard from Sidonia Strec
El Camino Real to major arterial standards including
through lanes in each direction, bikelanes, raised landscz
median, curbs, gutters, sidewalks and streetlights
including additional through, turn lanes and right-of-way a
intersection with El Camino Real.
c. Improvement of the Leucadia Boulevard/lnterstatt
interchange including bridge widening, ramp signaliz:
ramp widening and appurtenant improvements as require
Caltrans.
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d. All environmental mitigation measures, utility and drail
improvements necessary to construct the above mentic
improvements including any traffic signal modification a
intersection with El Camino Real.
6. ENCINITAS AGREES:
1. To act as Lead Agency for environmental review, permits, de
and construction.
2. To secure funding for construction of all roadway improvements
of El Carnino Real to and including the interchange with Interst;
with no funding participation from CARLSBAD or from pro1
owners within the jurisdiction of CARLSBAD.
3. To require that concurrent with the occupancy of the first phase
to exceed 475,000 sq. ft. of commercial uses) of the Encinitas R
project, Leucadia Boulevard shall be required to be improved tc
following standards:
a. Full improvements from El Camino Real to Via Cantebria;
b. Full width grading and two (2) lanes of improvements fron
Cantebria to Sidonia Street.
Prior to the completion of the remainder of the Encinitas Ra
Leucadia Boulevard shall be developed to full improvements
lanes to 1-5) and I-5/Leucadia Boulevard interchange irnprovec
The above requirements to be conditions of the tentative map
Encinitas Ranch.
C. CARLSBAD AGREES:
1. To cooperate with ENCINITAS in environmental review and appr
2. To cooperate in obtaining required permits to construct Leuc
Boulevard.
3. To act as responsible agency in the review and processin
environmental documents.
4. To expeditiously review and recommend approval of approp environmental documents.
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5. To condition Green Valley Tentative Maps or subseql
development approvals fronting Leucadia Boulevard to dedi'
appropriate rights-of-way to allow for construction of Leuc,
Boulevard.
6. To cooperate in acquisition of rights-of-way, if required.
7. To consent to condemnation of rights-of-way, if required.
8. To expeditiously review and approve required permits to a
construction within jurisdictional boundaries.
VII. VIA CANTEBRIA ROAD EXTENSION
A. PROJECT DESCRIPTION
1. The Via Cantebria Road extension improvements referenced in
section are more particularly described as follows:
a. . The extension of Via Cantebria from its current nortt-
terminus to Leucadia Boulevard to secondary art
standards including a minimum of two through lanes in e
direction, bikelanes, curbs, gutters, raised landsca
median, sidewalk along the west side only and streetligh
b. The extension of Via Cantebria from Leucadia .Boule\
northerly into the Green Valley area of Carlsbad to modi
secondary arterial standards including curbs, gutt
bikelanes, sidewalks and streetlights. The road width
number of through lanes shall be as determined
CARLSBAD and ENCINITAS after completion of the combi
traffic study.
c. All environmental mitigation measures, utility and drain
improvements necessary to construct the above mentio
improvements inciuding any new traffic signals.
6. CARLSBAD AGREES:
1. 70 require the developer to realign and construct, to the crty limit
CARLSBAD, Via Cantebria (Street "A"). in the general configura
shown on Exhibit "A". This would not, however, preclude reloca
Street "A" (on Exhibit A) further west should the developer find
beneficial to the land use planning of Green Valley Master Plan.
9 REV. SI2
0 il c. ENCINITAS AGREES:
1. To require the developer to realign and construct, to the city limi
ENCINITAS, Via Cantebria (Street "A") in the general configun
shown on Exhibit "A". This would not, however, preclude reioc:
beneficial to the land use planning of Encinitas Ranch.
Street "A (on Exhibit A) further east should the developer find
VIII. OLIVENHAIN ROAD WIDENING - EL CAMINO REAL TO 1.400 FEET EAST
A. PROJECT DESCRIPTION
1. The description of the Olivenhain Road widening improveml
hereinafter referred to as "PROJECT', shall be as follows:
a. The widening and improvement of Olivenhain Road fro
Camino Real to 1,400 feet east to Carisbad's prime ar
standards including three through lanes in each direc
bikelanes, curbs, gutters, an 18-foot wide raised landsc;
median, sidewalks and streetlights.
b. Modifications to the intersection of El Camino Real
Olivenhain Road including traffic signal modificat
appurtenant roadway and drainage improvements anc
extension of the existing bridge/culvert, exclusive oi
improvements described in Sections II and VI.
c. All environmental mitigation measures, utility and drail
improvements necessary to construct the above mentic
including the construction of a major offsite retention t
necessary to mitigate potential flooding of the El Ca,
Real/Olivenhain Road intersection.
B. CARLSBAD AGREES:
1. To act as lead agency for the purpose of design and environm
review and to provide all labor, materials, tools and equipmer
PROJECT including permit acquisition, advertising, award, cor
administration, Resident Engineer, material source inspec
independent assurance and specialty testing, and such (
construction engineering as may be required for satisfa
completion of PROJEGT.
2. To construct PROJECT by contract in accordance with plans
specifications prepared by CARLSBAD and approved ENCINITAS, said plans being referred to as Improvement Plar
Olivenhain Road and Improvement Drawing No. 336-5.
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3. To establish separate PROJECT accounts to accumulate charge:
all costs to be paid for by ENClNlTAS pursuant to this Agreerr
4. To submit initial billing in the amount of $ 100,000 to ENCINI
within thirty (30) days of the execution of a design agreement.
5. To receive from ENCINITAS’ designated PROJECT represent;
prior approval of all change orders before implementation, ex1
when necessary for the safety of motorists and/or pedestrians o
the protection of property.
6. Upon completion of PROJECT and all work incidental theretc
furnish ENCINITAS with a detailed statement of the total actual c
of construction and SERVICES for PROJECT, including the cos
any contract claims which have been allowed to the construc
cantradar. SERVICES shall include cost of providing perso
resources (direct salaries and benefits). CARLSBAD thereafter !
refund to ENClNlTAS any amount of ENCINITAS’ deposits
accrued interest and payments CARLSBAD is holding after a(
costs to be borne by CARLSBAD have been deducted, or tc
ENCINITAS for any additional amount required to corn!
ENCINITAS’ financial obligations pursuant to this Agreement.
7. To designate a project Resident Engineer who shall repre
CARLSBAD as the single point of contact for PROJ
administration.
8. To consult with ENCINITAS in resolution of any contract cl;
associated with work.
9. To acquire necessary right-of-way to allow construction of PROJ
north of roadway centerline.
IO. To fund one-half of the total PROJECT costs.
11. To fund one-half of the utility relocation costs associated with
road construction.
C. ENCINITAS AGREES:
1. To designate a single project representative authorized to ac
behalf of ENClNlTAS in relation to contract change orders
overall PROJECT coordination. Said representative and CARLSB,
Engineer will cooperate and consult with each other, but
decisions of CARLSBAD’s Resident Engineer shA prevail as <
binding and conclusive in all matters concerning PROJ
construction contract.
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2. To relinquish to CARLSBAD rights in the maintenance and opera
of the construction zone within the boundaries of ENCINITAS for
duration of construction and authorizes CARLSBAD to act a: authorized agent to direct contractor for traffic control, signal tim
and other measures deemed necessary for’ construction
administration of the PROJECT.
3. To bear fifty (50) percent of the actual cost of SERVICES
PROJECT. Said costs of SERVICES shall include costs of provic
personnel resources and inciuding the cost of any furnis
paid to the construction contractor, and the defense of all prc
related claims which may be filed by the contractor or portio
SERVICES attributed to such work applied in accordance
standard accounting procedures. The actual cost of SERVICE:
PROJECT shall be determined after completion of all work and u
final accounting of costs. The total amount due shall be reduce1
one-half of the cost of ENCINITAS personnel resources (d
salaries and benefits) attributable to the project.
materials, supplemental work, change orders and contract cl;
4. To deposit with CARLSBAD within thirty (30) days of award 01
construction contract, one-half of total PROJECT costs, to CI
ENCINITAS’ share of construction costs, including utility reloc;
and environmental mitigation measures and a ten per1
contingency fund.
5. To pay CARLSBAD upon completion of all work and within tw~
five (25) working days of receipt of a detailed statement made ~1
final accounting of costs, therefore, any amount over and abovc
aforementioned deposits and payments required to comr
ENCINITAS’ financial obligation pursuant to this Agreement.
6. To provide all rights-of-way required for construction and neces
mitigation within ENCINITAS’ jurisdiction.
7. To fund one-half of the utility relocation costs associated with
road construction.
8. To approve PROJECT plans and specifications within ten (1 0) ( of final submittal by CARLSBAD,
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9. Within ten (1 0) days of completion of the PROJECT and notifia
by CARLSBAD, ENCINITAS shall inspect all work performed or
PROJECT and determine whether the work was complete1
by the end of this ten (10) day pariod, ENClNlTAS has not no: CARLSBAD in writing through the City Engineer that the \
materially varies from the approved plans, ENCINITAS shal deemed to have accepted the PROJECT in accordance with
approved plans and specifications.
accordance with ENCINITAS’ approved plans and specification:
10. To cooperate in obtaining required permits.
11. To expeditiously review and approve any required permit: construction of PROJECT within jurisdiction.
C. ENCINITAS and CARLSBAD mutually agree that:
1. CARLSBAD shall not advertise a construction contract until it
received wriien approval from ENClNlTAS approving p specifications, and estimates.
2. If, after opening bids for PROJECT, the lowest responsible bid i!
more than the Engineer’s Estimate, CARLSBAD may awara
contract.
3. If, upon opening of bids for PROJECT, it is found that the lo responsible bid exceeds the Engineer’s Estimate, CARLSBAD
ENClNlTAS shall consult and agree upon a course of action.
4. If, after thirty (30) days, no agreement is reached CARLSBAD
reject all bids.
IX. BOUNDARY ADJUSTMENTS
A. CARLSBAD and ENCINITAS mutually agree to pursue jurisdict
boundary adjustments through Local Agency Formation Cornmi!
(IAFCO) upon completion of roadway improvements as follows:
1. Along La Costa Avenue from approximately 400 feet west
Camino Real to Interstate 5, move the city limit boundary to coir with the south right-of-way line of La Costa Avenue.
2. Along Leucadia Boulevard, west of El Camino Real where
roadway enters Carlsbad crty limits, move the city limit boundE coincide with the nor’h right-of-way line of Leucadia Boulevarc
13 REV. 61
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3. Along Olivenhain Road from El Camino Real to approximately 4,
feet east of El Camino Real, move the cty limit boundary to coinc
with the construction centeriine of Olivenhain Road.
4. Along Rancho Santa Fe Road from approximately 1,200 feet nc
of Calk Acervo/Avenida La Posta to approximately 400 feet sout
Calk Acervo/Avenida La Posta, move the city limit boundary to
construction centerline of Rancho Santa Fe Road.
X. FUTURE PROJECT REQUIREMENTS
CARLSBAD and ENClNlTAS agree that, to the degree allowed by law, if a prc
impact on either or both cities, the responsible city shall condition the approvl
such project to contribute its fair share of costs to mitigate or otherwise cons1
appropriate mitigation measures to relieve such adverse traffic impacts.
within the land use jurisdiction of either city will cause a significant adverse tr
XI. REGIONAL FUNDING
CARLSBAD and ENClNlTAS agree to actively pursue regional funds to a!
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 tit
materials, equipment, and appurtenances which are installed w
CARLSBAD's right-of-way will automatically be vested and maintainec
CARLSBAD. Materials, equipment, and appurtenances which are inst;
within ENCINITAS' right-of-way will be vested and maintained
ENCINITAS.
Upon completion of any jurisdictional boundary adjustment betv
ENClNlTAS and CARLSBAD, the road improvements affected by
boundary adjustment shall automatically become vested and be mainta
by the respective City having jurisdiction over the improvement. No ~LJI
agreement will be necessary to transfer ownership as hereinabove st;
B. TRAFFIC SIGNAL IMPROVEMENTS
Traffic signal improvements shatl be owned and maintained by the
having jurisdiction over the intersecting streets at which the traffic sigr
located.
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Where the jurisdictional boundary bisects one or both of the intersec
streets, maintenance responsibilw for the traffic signal shall be administl
by the Ci which has jurisdiction of the traffic signal controller. The co'
maintain a multi-jurisdictional traffic signal shall be shared by both C
based upon a ratio of each Cities jurisdictional control of the conespon'
corners of the intersection.
CARLSBAD and ENCINITAS may alternatively enter into a separate t~
signal maintenance agreement based on any mutually agreed upon te
XIII. LIABILITY AND INDEMNIFICATION
Pursuant to Section 895.4 of the Government Code, CARLSBAD and ENCIN agree that each will assume the full liability imposed upon it or any of its offic
agents, or employees for injury caused by a negligent or wrongful act or omi5
occurring in the performance of this agreement, and each party agree
indemnify and hold harmless the other party for any loss, cost, or expense
may be imposed upon such other party by virtue of Sections 895.2 and 895
the Government Code.
The indemnity provisions are not limited in any way by the extent of any polil
insurance currently in force and held by either party. All construction contract
any project which spans the jurisdictional boundary between CARLSBAD
ENCINITAS shall include indemnity provisions and insurance provisions, whe
the contractor indemnifies both CARLSBAD and ENCINITAS and adds both C
as additional insured on Insurance Policy.
XIV. NOTIFICATIONS
Unless otherwise specifically provided in this Agreement, all notices, demanc
other communications given hereunder will be in writing and will be deemr
have been duly delivered upon personal delivery or as of the second busines!
after mailing by United States mail, return receipt requested, postage prep
and addressed as follows:
If to ENCINITAS: Alan Archibald
Director of Engineering Services
CITY OF ENCINITAS
505 S. Vulcan Avenue
Encinitas, CA 92024-3633
If to CARLSBAD: Uoyd Hubbs
City Engineer
CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
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XV. MODIFICATIONS
Y
This Agreement may not be modified, amended, or otherwise changed unles an amendment, in writing, executed by the parties hereto.
XVI. TERMINATION
This Agreement shall terminate after all the street and highway improver
required under this agreement have been made, after all clty boun
adjustments have been accomplished and, after all maintenance responsib
for the respective street and highway improvements have been assumed b
respective cities in accordance with the terms of this agreement.
contemplated by this agreement have been constructed, after ail payrr
XVII. COUNTERPARTS
This agreement may be executed by the cities in separate counterparts, ea
which when 'so executed and delivered shall be an original, but all
. 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 v
shall be. proper in the San Diego Superior Court, North County Branch or
other venue as provided by law.
XIX. SEVERABILITY
If one or more clauses, sentences, paragraphs, provisions or terms oi agreement shall be held to be unlawful, invalid, or unenforceable, it is ht
agreed by the cities that the remainder of this agreement shall not be affc here by.
XX. HEADINGS
The headings of articles and paragraphs of this agreement are for conven
only, and no presumption or implication of the intent of the parties as t construction of this agreement shall be drawn therefrom.
....
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XXI. COMPLETE AGREEMENT ,
The foregoing constitutes the full and complete agreement of the parties. T are no oral understandings or agreements not set forth in writing herein.
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CARLS
and by the CIlY OF ENCINITAS pursuant to action taken by the City Council.
CITY OF ENCINITAS, a municipal
corporation t GAI HANO, Mayor
DATE: 619 ?& P' DATE: JgAJ
ATTEST: ATTEST:
2$aL@A E. JANE OOL,
City Cler
APPROVED AS TO FORM: APPROVED AS TO FORM:
ROGER KRAUEL RONALD R. BALL
City Attorney Ci Attorney
KAREN R. KLTNDTZ, Assistant City C11
n
By: By: - -b Q. a-
City Attorney city Attorney 7. /+cj</.
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