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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 -1 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 c A 0 z I s u , 1 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. , e e 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 6, II e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Ill Ill ill Ill 111 /I/ Ill Ill 1 2 3 4 5 6 7 8 ,9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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) VI I I VI VAI..IVU~Y - - __" " - - _c c¶ 0 U a 9 2 .z 0 F 0 a 1 0 z 2 0 0 Em@ AGREEMENT BEMI€@(. ._ 5- . - DEP1 " 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 I 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 - 0 f' * NOT TO SCALE G1-r Y OF d FN c~-r A s PROJECT NAME CARLSBAD/ENCINITAS ROADWAYS I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tAnrbl I L 0. @i ~ 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 .. 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. Ill I 1 t 2 3 4 5 6 7 a 9 10 11 12 13 14 15 ' 16 17 18 19 20 21 22 23 24 25 26 27 20 ~ I @. 0 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) 1 0 @( 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, 1 REV. 6/: e :' 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 0 0: 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 3 REV. 6i2 a 0 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: 4 REV. 612 e e 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 5 REV. 612 * i' 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. 6 REV. 6, e 0 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. ? REV. 61: 'e 0 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. 8 REV. 61: 'I " 0 0 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. 10 REV, 61 0 0; 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. 11 REV. 6Jr e 0 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, 12 REV. 61: 0 0 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 0 e(' P 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. 14 REV. 6i: e i.. 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 15 REV. 6, 0 e 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. .... .... .... .... 16 REV. f 0 0 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</. 17 REV. f w .. CANTEBRIA EX~...SION ,- W ( STREET "An 1 J J I i VIA - "" SCALE !' - 300' I I I 'i\ I I El. ~ .7?;- CAMIN0 -fl ,""I". --------- ~ I iTGl