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Home My WebLink AboutDevelopment Agreement Twin Creeks Rail AgreementTWIN CREEKS TRANSIT ORIENTED DEVELOPMENT AGREEMENT Effective Date: Parties: City of Central Point 140 South Third Street Central Point, OR 97502 Twin Creek Development Co., LLC P.O. Box 3577 Central Point, OR 97502 Recitals: ("City„) ("Developer") A. Developer is the owner of real property located in Jackson County, Oregon more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, located within the Twin Creeks TOD Master Plan. A copy of the Twin Creeks TOD Master Plan Map is attached hereto as Exhibit "B" (the "Subject Property"). B. In 2001, Developer applied for, and City approved, a Pre -Annexation Development Agreement and Master Plan for the Central Point Transit -Oriented District ("TOD"). As part of that agreement, Developer agreed to make a number of transportation and utility improvements to provide service to the Subject Property. Those improvements were incorporated into the Master Plan as conditions of approval. The improvements include, without limitation, railroad crossing and intersection improvements for a new TOD Crossing and upgrades at Twin Creeks Crossing (extended) and Highway 99 per Oregon Public Utilities Commission and ODOT requirements (the "Railroad Crossing"). C. Throughout the course of development of the Subject Property, City contributed substantial improvements to the transportation infrastructure improvements required of Developer under the Master Plan. Further, City has applied for a grant to aid Developer with the costs of the Railroad Crossing. Such grant will not cover the full cost of the Railroad Crossing and Developer will be required to contribute a share of the costs of the crossing in lieu of making the full improvements itself. D. As City is relying upon Developer's contribution to the Railroad Crossing in applying for the grant, and Developer no longer owns all of the land within the Master Plan area, the parties desire to clarify and assure the performance of Developer's obligations related to the Railroad Crossing. Agreement: 1. The recitals are incorporated into this Agreement and made a part hereof. 2. As Developer's share of the cost of improving the Railroad Crossing, Developer shall: Prior to October 1, 2014 obtain the necessary permits from federal, state and local agencies for construction of the extension of utilities and the pavement of Twin Creeks Crossing from the current terminus easterly to the railroad right-of-way improvements as identified in the drawings entitled "Griffin Creek Overflow Flood Mitigation Plan" dated March 11. 2013, which is attached hereto as Exhibit "C", and complete construction of same no later than October I, 2015. To secure such obligation, a personal guaranty shall be required, in substantially the form attached hereto as Exhibit "D". If Developer fails to complete construction within the time provided herein, the City may, at its option, make such improvements on Developer's behalf and seek reimbursement for such improvements from Developer, and/or its Guarantor as provided in the Personal guaranty attached hereto as Exhibit "D", and b. Pay to the City into the Railroad Crossing Account the following amounts: No later than December 1, 2014 cash in the amount of $125,000.00. No later than December 1, 2015 cash in the additional amount of $125,000.00. No later than December I, 2016 cash in the additional amount of $125,000.00. No later than July 1, 2017 cash in the additional amount of $125,000.00. To secure such obligation, a personal guaranty shall be required, in substantially the form attached hereto as Exhibit "D". In the event any payment required of Developer pursuant to this agreement becomes past due for a period of 10 days or more, the principal balance owing pursuant to this Agreement shall, automatically and without further notice to Developer, accrue interest at the rate of twelve percent (12%) per annum until such time as the delinquent payment is paid (`Default Interest"). City may treat the failure to pay such additional interest as a default hereunder. The acceptance of payments or performance by City shall not be deemed a waiver of City's right to collect Default Interest. Interest shall be calculated on the basis of a 30 -day month and a 360 -day year. ii. In the event construction of the railroad crossing is abandoned by the City and said abandonment is replaced by an alternative route; which actions shall be acknowledged in the City's Transportation System Plan ("TSP), then the City shall have the authority to use the payments for the designated alternative route. If the City abandons construction of the railroad crossing and does not designate an alternative route; which action shall be acknowledged in the City's TSP, then the City shall refund the payments made by Developer under Section 6 herein, without interest. 3. In consideration for the City's contribution to the transportation improvements identified in the Master Plan approval, Developer agrees to waive all rights to reimbursement from the City for any current or future qualifying Street SDC fees for streets already built or proposed to be built within the Subject Property. 4. As additional consideration for the City's contribution to the transportation improvements identified in the Master Plan approval, Developer agrees to waive all rights to reimbursement from the City for any qualifying Parks SDC fees for parks already built or required to be built in the future within the Subject Property. 5. Nothing herein is intended to alter or modify the requirements to improve the streets, utilities and parks identified in the Master Plan, except as expressly modified herein. 6. This Agreement has been prepared on behalf of the City of Central Point. Developer has been advised that it should seek independent legal counsel as to the effect of this Agreement on its rights. OFFICIAL SEAL ELAINE 8 FROST NOTARY PUBLIC -OREGON COMMISSION NO. 459162 Dated: Datcd: /1y TWIN CREEKS DEVELOPMENT CO., LLC�� By: Bret Moore, Manager "Developer" CITY OF CENTRAL POINT By' Its: EXHIBIT aspao PROPERTY tl O® WED BY TWIN CREEKS DEVELOPMENT CO., LLC as of 12-20-2013 1 3/zvvuluLj4UV 1u14u1bb I WIN CREEKS DEVELOPMENT COMPANY, LLC 2 372W03CA900 10985724 TWIN CREEKS DEVELOPMENT COMPANY, LLC 3 372W03CA1500 10985726 TWIN CREEKS DEVELOPMENT COMPANY, LLC 4 372W03CA1600 10985725 TWIN CREEKS DEVELOPMENT COMPANY, LLC 5 372W03D6900 10985507 TWIN CREEKS DEVELOPMENT COMPANY, LLC 6 372W03CA126 10985748 TWIN CREEKS DEVELOPMENT COMPANY, LLC 7 372W03DC3402 10980147 TWIN CREEKS DEVELOPMENT COMPANY, LLC 8 372W03DC3409 10980154 TWIN CREEKS DEVELOPMENT COMPANY, LLC 9 372W03DC3411 10985594 TWIN CREEKS DEVELOPMENT COMPANY, LLC 10 372W03B1601 10631951 TWIN CREEKS DEVELOPMENT COMPANY, LLC 11 372W03CB7101 10986679 TWIN CREEKS DEVELOPMENT COMPANY, LLC 12 372WO3BD4000 10986373 TWIN CREEKS DEVELOPMENT COMPANY, LLC 13 372W03BD4100 10986372 TWIN CREEKS DEVELOPMENT COMPANY, LLC 14 372W03CA704 10986692 TWIN CREEKS DEVELOPMENT COMPANY, LLC 15 372W03BD2900 10986398 TWIN CREEKS DEVELOPMENT COMPANY, LLC 16 372W03BC2700 10986415 TWIN CREEKS DEVELOPMENT COMPANY, LLC 17 372W03CA111 10985733 TWIN CREEKS DEVELOPMENT COMPANY, LLC 18 372WOBCA130 10985752 TWIN CREEKS DEVELOPMENT COMPANY, LLC 19 372W03BD3800 10986375 TWIN CREEKS DEVELOPMENT COMPANY, LLC 20 372W03CA801 10986694 TWIN CREEKS DEVELOPMENT COMPANY, LLC 21 372W03BD2000 10986395 TWIN CREEKS DEVELOPMENT COMPANY, LLC 22 372W036D2100 1098640S TWIN CREEKS DEVELOPMENT COMPANY, LLC 23 372W03BC2500 10986413 TWIN CREEKS DEVELOPMENT COMPANY, LLC 24 372W03BD3203 10986685 TWIN CREEKS DEVELOPMENT COMPANY, LLC 25 372W03CA702 10986690 TWIN CREEKS DEVELOPMENT COMPANY, LLC 26 372W03BC800 10986407 TWIN CREEKS DEVELOPMENT COMPANY, LLC 27 372W03BD4200 10986369 TWIN CREEKS DEVELOPMENT COMPANY, LLC 28 372W03CB7200 10986421 TWIN CREEKS DEVELOPMENT COMPANY, LLC 29 372W03BC2000 10986429 TWIN CREEKS DEVELOPMENT COMPANY, LLC 30 372W0361800 10196422 TWIN CREEKS DEVELOPMENT COMPANY, LLC 31 372W0313C900 10986408 TWIN CREEKS DEVELOPMENT COMPANY, LLC 32 372WO3CA703 10986691 TWIN CREEKS DEVELOPMENT COMPANY, LLC 33 372W03CA802 10986695 TWIN CREEKS DEVELOPMENT COMPANY, LLC 34 372W03CA803 10986696 TWIN CREEKS DEVELOPMENT COMPANY, LLC 35 372W03BD3201 .10986683 TWIN CREEKS DEVELOPMENT COMPANY, LLC 36 372W03CA114 10985736 TWIN CREEKS DEVELOPMENT COMPANY, LLC 37 372W03BD3200 10986399' ' ' TWIN CREEKS DEVELOPMENT COMPANY, LLC 38 372W03BD2300 10986396 TWIN CREEKS DEVELOPMENT COMPANY, LLC 39 372W03BD3500 10986378 TWIN CREEKS DEVELOPMENT COMPANY, LLC 40 372W03BD3600 10986377 TWIN CREEKS DEVELOPMENT COMPANY, LLC 1 EXHIBIT 'W' vi J/4VVVJDU0JVV uw7ao4vi I WIN LKttK�) UtVLLUPMLNT COMPANY, LLC 42 372W03CA800 10986400 TWIN CREEKS DEVELOPMENT COMPANY, LLC 43 372W03CA1100 10985722 TWIN CREEKS DEVELOPMENT COMPANY, LLC 44 372W03CA1200 10985721 TWIN CREEKS DEVELOPMENT COMPANY, LLC 45 372W03BC700 10986393 TWIN CREEKS DEVELOPMENT COMPANY, LLC 46 372W03BD3202 10986684 TWIN CREEKS DEVELOPMENT COMPANY, LLC 47 372W03CA804 10986697 TWIN CREEKS DEVELOPMENT COMPANY, LLC 48 372W03CB7100 10986420 TWIN CREEKS DEVELOPMENT COMPANY, LLC 49 372W03C101 10633028 TWIN CREEKS DEVELOPMENT COMPANY, LLC 50 372W03CA108 10985730 TWIN CREEKS DEVELOPMENT COMPANY, LLC 51 372W03CA113 10985735 TWIN CREEKS DEVELOPMENT COMPANY, LLC 52 372W03BC2200 10986410 TWIN CREEKS DEVELOPMENT COMPANY, LLC 53 372W03BC2300 10986411 TWIN CREEKS DEVELOPMENT COMPANY, LLC 54 372W03CA109 10985731 TWIN CREEKS DEVELOPMENT COMPANY, LLC 55 372W03C138 10985727 TWIN CREEKS DEVELOPMENT COMPANY, LLC 56 372W03CB7103 10986681 TWIN CREEKS DEVELOPMENT COMPANY, LLC 57 372W03CA1400 10985728 TWIN CREEKS DEVELOPMENT COMPANY, LLC 58 372W03BD1700 10986394 TWIN CREEKS DEVELOPMENT COMPANY, LLC 59 372W03BD2600 10986397 TWIN CREEKS DEVELOPMENT COMPANY, LLC 60 372WO3CA110 10985732 TWIN CREEKS DEVELOPMENT COMPANY, LLC 61 372W03CA112 10985734 TWIN CREEKS DEVELOPMENT COMPANY, LLC 62 372W03CA705 10986693 TWIN CREEKS DEVELOPMENT COMPANY, LLC 63 372W03BD1300 10986390 TWIN CREEKS DEVELOPMENT COMPANY, LLC 64 372W03BD3302 10986687 TWIN CREEKS DEVELOPMENT COMPANY, LLC 65 372W03BD3900 10986374 TWIN CREEKS DEVELOPMENT COMPANY, LLC 66 372W03BD3301 10986686 TWIN CREEKS DEVELOPMENT COMPANY, LLC 67 372W03BD3100 10986380 TWIN CREEKS DEVELOPMENT COMPANY, LLC 68 372W03BC201 10991725 TWIN CREEKS DEVELOPMENT COMPANY, LLC 69 372W03CA107 10985595 TWIN CREEKS DEVELOPMENT COMPANY, LLC 70 372W03BD3700 10986376 TWIN CREEKS DEVELOPMENT COMPANY, LLC 71 372W03CB6600 10986445 TWIN CREEKS DEVELOPMENT COMPANY, LLC 72 372W03BC354 10998395 TWIN CREEKS DEVELOPMENT COMPANY, LLC 73 372W03BC316 10998387 TWIN CREEKS DEVELOPMENT COMPANY, LLC 74 372W03BC318 10998389 TWIN CREEKS DEVELOPMENT COMPANY, LLC 75 372W03BC319 10998390 TWIN CREEKS DEVELOPMENT COMPANY, LLC 76 372W03BC303 10998373 TWIN CREEKS DEVELOPMENT COMPANY, LLC 77 372W03BC300 10633036 TWIN CREEKS DEVELOPMENT COMPANY, LLC 78 372W03BC310 10998381 TWIN CREEKS DEVELOPMENT COMPANY, LLC 79 372W03BC308 10998379 TWIN CREEKS DEVELOPMENT COMPANY, LLC 80 372W03BC309 10998380 TWIN CREEKS DEVELOPMENT COMPANY, LLC 81 372W03BC306 10998377 TWIN CREEKS DEVELOPMENT COMPANY, LLC 82 372W03BC305 10998376 TWIN CREEKS DEVELOPMENT COMPANY, LLC 83 372W03BC307 10998378 TWIN CREEKS DEVELOPMENT COMPANY, LLC 84 372W036C100 10883813 TWIN CREEKS DEVELOPMENT COMPANY, LLC 2 EXHIBIT vWq m�N'• PQS.f1 s wafJIM,AASSESSa CCOUOTTSSESons � 4WNER"� 85 372W03BC200 10196414 TWIN CREEKS DEVELOPMENT COMPANY, LLC 86 372W03DC3303 10985506 TWIN CREEKS DEVELOPMENT COMPANY, LLC 87 372W03C208 10782603 TWIN CREEKS DEVELOPMENT COMPANY, LLC 88 372W03C85700 10984649 TWIN CREEKS DEVELOPMENT COMPANY, LLC OEM among 9F s moll V y } L W I N "'' R H E N S 'PRA NSIT-0 R € EN T N; ;Z E3 F;Y EF,06]A1 E'NT � n� f: L$Nliili(lli o Lieu. 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I f i� F II�II111 1i I.1jl T. s 1 11.1111 1 t i-9,.gl 2 � Y'1 � -' �g l,� l v ut14114i i7 I ti I I a s �-a `i C X1q1 dim", g 4P F ei ' `gid ac Him R a _ L E §p Y I f a s "aad R { I b: ea a tl pi G d2 !� if ;�Ill;l� i III11 1�11�111 , sa zE o ess'$ s N �1+1i. 1! i lili 111 I i !Illllil I �m.a b. .` GbbzF 'h yi :.� a3 §pF3 I& 'OU l� P � 1 1 p1° ,.I ass-:c§o�P;; ..,- \I W Ct ';ten N Zt a ssyi:s,..aer9as a�a gL x OEM; e rd, in y 1aop" a1a, M W S.S. �4d tlnt% =ate€3 YW� zae.a =a Memorandum � . s .. •e.aae ..aa. _ss v. a ,ws,A< <.xrx� asa annx wm �aua-��. "'v - �u+s �,rc�rrot Northwest Hydraulic Consultants 16300 Christensen Road, Suite 350 Seattle, WA 98188 206.241.6000 206.439.2420 (fax) DATE: August 5;'2013 NHC PROJECT: 200044 TO: Bret Moore COMPANY/AGENCY: Twin Creeks Development Company, LLC FROM: Peter Brooks, P.E. SUBJECT: FEMA Conditional Letter of Map Revision Application for the Twin Creeks Development Project Introduction Northwest Hydraulic Consultants Inc. (NHC) has been retained by the Twin Creeks Development Company LLC (TCDC) to prepare a Conditional Letter of Map Revision (CLOMR) application package for the Twin Creeks Development in the City of Central Point, Jackson County, Oregon (FEMA Community Number 410092). The Twin Creeks Development is located along a recently designated FEMA 100 -year floodplain (Zone AE), with regulatory floodway, which became effective with the adoption of the Jackson County Flood Insurance Study (FIS) in May, 2011 (FEMA, 2011). The floodplain within the development is an overflow path that connects the left overbank of Griffin Creek to the right overbank of Jackson Creek. A conceptual -level flood improvement design has been developed to more efficiently convey Griffin Creek overflow through the site. The primary improvement consists of excavating a continuous overflow channel along the eastern edge of the project site to improve overall flood conveyance through the development. The flood improvement design also includes a proposed double-barreled culvert structure routing flows below the Twin Creeks Crossing. The Twin Creeks Crossing will serve as a main arterial connecting the development with Pacific Highway (State Highway 99) located to the east (see Figure 1). Anticipated flood improvements associated with these features include lowered Base Flood Elevations (BFEs) and reduced 100 -year floodplain and floodway extents, relative to effective conditions. This memorandum summarizes the approach and results of the technical analysis conducted by NHC for the Twin Creeks Development CLOMR. Background The Twin Creeks Development is located within a recently designated Special Flood Hazard Area (SFHA) between two separate flooding sources, Jackson and Griffin Creeks (see Figure 1). The SFHA, including regulatory floodway, were determined through detailed studies of Jackson and Griffin Creeks conducted by NHC for the City of Central Point (City) and FEMA as part of the Jackson County FIS (FEMA, 2011). Findings from these studies indicated that flooding in the area originates from overflow of Griffin Creek, immediately upstream of Pacific Highway, and continues to the northwest to merge with Jackson Creek. � ,y bw ,gi ,y1 b5` tx'• ' ^Hi .F ' r .rkexa-.;raa...... ,u,y ar rti�� tt wateyiesourcespecia6stEXHIBIT s_ Page 3 The effective floodplain mapping between the two study reaches, through the Twin Creeks Development, is broad and unconfined, resulting in a relatively wide floodway delineation. It should be noted that this reach does not receive perennial flow and would function as an overflow channel during infrequent, high magnitude flood events (there has been no observed flooding from Griffin Creek at the project site). Draft mapping for Griffin and Jackson Creeks was provided to FEMA in 2008, and the restudies of both creeks became effective when the Jackson County FIS was adopted by FEMA and Jackson County on May 3, 2011. The Twin Creeks Development is a master plan community that precedes the most recent FEMA studies within the City of Central Point. When construction of the Twin Creeks Development began, prior to initiation of NHC's detailed studies of Jackson and Griffin Creeks, the area was not mapped as a SFHA. Development continued while the technical analysis for the updated FIS was being conducted (2006 to 2009). In 2009, the City began using preliminary flood hazard mapping, provided by NHC, to regulate development. Thereafter, construction within the Twin Creeks Development was limited to areas outside what is now the effective floodway. To date, development within the Twin Creeks project site is compliant with both FEMA and City floodplain management regulations. CLOMR Submittal information This memo contains appropriate supporting information for the CLOMR submittal. A narrative on the technical analysis is provided in the following text. Other supporting information prepared by NHC is provided in the appendices as follows: Appendix A. Certified Topographic Floodplain and Floodway Map Appendix B. Annotated FIRM Appendix C. Completed MT -2 Application Forms Appendix D. NFIP Regulatory Requirements, including a proposed example public announcement and notification letter for floodway revision Additional supporting information to be attached to this submittal includes: Conceptual -Level Flood Improvement Design Plans (provided by Whetstone Engineering) Endangered Species Act (ESA) Compliance Documentation (provided by the TCDC) Technical Analysis NHC completed several technical tasks for this CLOMR following FEMA MT -2 instructions. Model scenarios presented include a Duplicate Effective Model that replicates the water surface elevations in the effective Jackson County FIS, and a Revised Conditions Model simulating the proposed construction of the flood channel. Elevations specified in this memo are referenced to the NAVD 1988 vertical datum. Data Description Duplicate Effective Conditions NHC completed the most recent detailed flood studies of Griffin and Jackson Creeks for the City of Central Point and FEMA as part of the recently adopted Jackson County AS (FEMA, 2011). As such, NHC already has possession of the duplicate effective hydraulic models for both Jackson and Griffin Creeks, EXHIBIT "C'r Page 4 as well as the 2006 City of Central Point LiDAR topographic data used for the floodplain mapping. These data were located in the Technical Support Data Notebook (ISDN) submitted to FEMA at the conclusion of the Jackson County FIS. Revised Conditions Revised condition topographic data in the form of a master grading plan were provided to NHC by Whetstone Engineering on December 18, 2012. The grading plan consisted of 1 -foot interval contours, in AutoCAD format, and included areas developed after the 2006 LiDAR were collected and while the effective FIS was being conducted from 2006 to 2009, as well as the proposed development of the Phase III area of the North Village (see Figure 1). This submitted technical assessment assumes there is no development of the North Village outside of the 'Phase III' portion (see Figure 1). NHC used the grading plan data provided by Whetstone Engineering to construct a digital elevation model (DEM) in ArcGIS of the Revised Conditions. The grading plan includes construction of a continuous flood (or overflow) channel and culvert structure at the Twin Creeks Crossing. The flood channel would connect with the existing detention pond adjacent to Griffin Creek and proceed northward toward Jackson Creek. Physically, the flood channel terminates at a proposed detention pond at the northern limit of the Twin Creeks development, but during a 100 -year event this area will be inundated and drain overland toward the Scenic Avenue Bridge crossing to the west on Jackson Creek. The proposed flood channel would consist of a compound channel (see Figure 2). The top width of the proposed flood channel would range from 65 to 75 feet with approximately 20 -foot wide flood benches located on either side of an existing 20 -foot wide drainage swale. This swale was constructed between 2006 and 2009 and includes six approximately 2 - foot high check dam structures located within the channel for stormwater treatment purposes. The project also proposes to construct a culvert crossing consisting of two 18 -foot wide, 9 -foot tall arch structures at Twin Creeks Crossing, a primary access point between the Twin Creeks Development and Pacific Highway. Conceptual -level flood improvement plans for the proposed channel and culvert structure, prepared by Whetstone Engineering, are attached to this submittal. Iywc c - VO0-mo1-1 I P4 vum v rn uPweu w nPVullb ll l allrlrl kMlVCr Jlall on ZSW.bb) EXHIBIT "C" 121 Iywc c - VO0-mo1-1 I P4 vum v rn uPweu w nPVullb ll l allrlrl kMlVCr Jlall on ZSW.bb) EXHIBIT "C" Page 5 Engineering Methods — Hydraulic Modeling General Model Description The Jackson Creek HEC -RAS hydraulic model includes the main stem of Jackson Creek located to the west of the Twin Creeks Development (see Figure 1), but also includes Jackson Creek Overbank reach which was used to compute flood levels within the Twin Creeks Development. As previously mentioned, flood waters enter the Jackson Overbank reach from Griffin Creek where overtopping of the left bank occurs upstream of Pacific Highway. Discharges escaping the Griffin Creek system and entering the Jackson Overbank reach were computed through a series of "lateral structures' within the HEC -RAS model for the 10-, 50-, 100-, and 500 -year return periods. These discharges from the effective FIS were used for this CLOMR analysis and are provided in Table 1. Table 1. Computed Flood Discharges Entering the Jackson Creek Overbank Reach from Griffin Creek (FEMA, 2011). Return Period -year 50 -year 100 -year 500 -year Discharge (cfs) 326 __I0 922 1220 1850 Duplicate Effective and Revised Condition HEC -RAS models are being submitted as part of this CLOMR analysis. Two HEC -RAS 'plans' are associated with each modeled condition: a Floodplain and Floodway plan. Separate Floodplain and Floodway plans were developed because changes to the geometry files were necessary to perform the encroachment analysis (e.g. turning off optimization of lateral weirs). Duplicate Effective Model The effective model is available, as previously discussed; however, it was developed using HEC -RAS Version 3.1.3. The effective model was re -run in HEC -RAS Version 4.1.0 for the CLOMR analysis and the 100 -year and Floodway simulations have been reproduced within 0.01 feet at FEMA lettered cross- sections C through N (Table 2). Differences at cross-section A and B are a maximum of 0.23 feet and are the result of late modifications made to the Jackson Creek model that did not get incorporated into the adopted Jackson County FIS (FEMA, 2011). The Duplicate Effective Model consists of the entire Jackson Creek HEC -RAS model, including the Jackson Creek Overbank reach, which spans the area proposed to be physically modified by the project. The effective Jackson Creek Overbank reach contains a total of 16 cross-sections, 14 of which are lettered (A to N) as shown in Appendix B. The upstream and downstream limits of the Jackson Creek Overbank reach are delineated by study break lines. Therefore, any changes on the Overbank Reach do not propagate upstream and impact conditions in Griffin Creek as long as the submergence of the lateral structures does not change. The model includes downstream to Jackson Creek in order to tie into the effective model. Revised Condition Model The Revised Condition Model was created by adding the proposed flood channel and twin barrel culvert structure combined with the revised condition grading plan mentioned in the Data Description section. A total of 31 new cross-sections were in into the Jackson Overbank reach in the Revised Conditions Model to augment the 16 cross-sections in the Duplicate Effective Model (see Appendix A). The new cross-sections were added to represent the geometries of the six existing check -dam structures EXHIBIT r'C'° Page 6 and the Twin Creeks Crossing culvert structure as well as an additional proposed check -dam structure to be located at the outlet of the upstream detention pond. An additional modification made to the Revised Condition Model included splitting the Jackson Creek Overbank reach into parallel reaches between effective cross-sections I and N, to separately compute flood levels between the proposed flood channel and the left overbank. Only 5%'ofthe total 100 -year discharge (Table 1) is computed as entering"the left overbank split reach. _Computed flooding in the overbank split reach is predominantly shallow (less than 1 -foot) sheet flow, but deepens to over 1 -foot in a small area in the vicinity of cross-section J; Considering.the:ponding nature 'of'computed flooding in this area, Le; constant elevation and low velocity, it was delineated Zone AH whh•ar elevation of 1246 feet. Downstream of this area, shallow (less than 1 -foot) sheet flow flooding resumes. Table 2. Comparison of Effective FIS to Duplicate Effective Water Surface Elevations for the 100 -year and'Floodway Simulations. Effective FIS Cross - Section 100 -year Floodplain Floodway (HEC -RAS v °1 v v " v v v v u Station in > > v > > Parenthesis) w v W LL ❑ W Q -�_. W LL ❑ W Q A (793.2) 1238.36 1238.49 -0.13 1239.18 1239.18 0.00 B (951.8) 1238.61 1238.84 -0.23 1239.60 1239.60 0.00 C (1188.3) 1239.72 1239.72 0.00 1240.56 1240.56 0.00 D (1554.8) 1240.75 1240.75 0.00 1241.33 1241.33 0.00 E (1689.0) 1241.82 1241.81 0.01 1242.55 1242.55 0.00 F (1966.3) 1242.82 1242.82 0.00 1243.76 1243.76 0.00 G (2113.1) 1243.65 1243.65 0.00 1244.54 1244.54 0.00 H (2270.1) 1244.36 1244.37 -0.01 1245.29 1245.29 0.00 1(2422.0) 1245.25 1245.25 0.00 1245.97 1245.97 0.00 1(2548.0) - 1245.86 - 1246.71 1246.71 0.00 K (3071.0) 1248.35 1248.34 0.01 1249.25 1249.25 0.00 L (3454.7) 1250.99 1250.99 0.00 1251.94 1251.94 0.00 M (3722.3) 1252.21 1252.21 0.00 1253.18 1253.18 0.00 N (3956.5) 1254.01 1254.01 0.00 1254.05 1254.05 0.00 Overall, the Revised Condition Model shows reductions in flood levels along the entire Jackson Creek Overbank reach compared to the effective conditions (Table 3). The upstream and downstream limits of the Jackson Creek Overbank reach are delineated by study reach breaklines, between Griffin Creek and the mainstem of Jackson Creek, respectively. Downstream, the Revised Condition Model simulates effective conditions to within 0.20 feet, which is within the 0.5 foot threshold specified by FEMA. Upstream, the proposed work within the Twin Creek Development will not impact the quantity of overflow entering the project (Table 1), thus changes to BFEs will not propagate upstream into Griffin Creek and the flood hazard boundaries are effectively tied -in at the study breakline between the two reaches. Table 4 tabulates the FEMA Floodway Data Table information from the Revised Model. EXHIBIT "C" Page 7 Table 3. Comparison of Duplicate Effective and Revised Conditions. River Station Effective Revised (FEMA Cross- section Letter in parenthesis, where appropriate) 100 w _ m v c '� >_ '° a w °� -Year Floodplain v _ c u y 'a a ^ v= "' v ^ v w 0 c ra > ¢ w = Floodway ^ v w c v o m> m c w v 793.2 (A) 0.28 1238.49 1238.29 -0.20 1239.18 1239.17 -0.01 951.8 (B) 160.54 1238.84 1238.39 -0.45 1239.60 1239.31 -0.29 - 232.77 - 1238.42 - - 1239.38 - - 247.95 - 1238.49 - - 1239.39 - - 265.49 - 1238.57 - - 1239.46 - 1188.3 (c) 401.53 1239.72 1238.84 -0.88 1240.56 1239.73 -0.83 - 579.14 - 1239.41 - - 1240.12 - - 706.95 - 1239.94 - - 1240.52 - - 718.52 - 1239.98 - - 1240.49 - - 731.28 - 1240.27 - - 1240.71 - 1554.8 (D) 783.83 1240.75 1240.45 -0.30 1241.33 1240.92 -0.41 1689.0 (E) 1002.15 1241.81 1241.15 -0.66 1242.55 1241.76 -0.79 - 1117.80 - 1242.03 - - 1242.28 - - 1187.03 - 1242.18 - - 1242.64 - - 1200.04 - 1242.35 - - 1242.59 - - 1211.98 - 1242.57 - - 1243.01 - 1966.3 (F) 1249.04 1242.82 1242.71 -0.11 1243.76 1243.26 -0.50 2113.1 (G) 1358.70 1243.65 1243.11 -0.54 1244.54 1243.72 -0.82 2270.1 (H) 1495.18 1244.37 1243.85 -0.52 1245.29 1244.27 -1.02 2422.0(1) 1646.26 1245.25 1244.82 -0.43 1245.97 1244.94 -1.03 - 1664.09 - 124496 - - 1245.01 - - 1677.51 - 1244.96 - - 1245.00 - - 1691.00 - 1245.38 - - 1245.43 - 2548.0 (1) 1757.49 1245.86 1245.70 -0.16 1246.71 1245.80 -0.91 - 1866.28 - 1246.13 - - 1246.27 - - 2019.16 - 1246.93 - - 1247.08 - - 2138.75 - 1247.67 - - 1247.78 - - 2153.71 - 1247.57 - - 1247.70 - 3071.0 (K) 2178.49 1248.34 1248.33 -0.01 1249.25 1248.43 -0.82 - 2350.68 - 1249.15 - - 1249.28 - 3454.7 (L) 2564.28 1250.99 1250.11 -0.88 1251.94 1250.23 -1.71 - 2611.46 - 1250.37 - - 1250.49 - - 2626.62 - 1250.38 - - 1250.50 - - 2642.96 - 1250.76 - - 1250.89 - - 2673.75 - 1.250.81 - - 1250.94 - - 2732.76 - 1250.86 - - 1250.98 - 3722.3 (M) 2832.34 1252.21 1251.22 -0.99 1253.18 1251.35 -1.83 - 2865.01 - 1251.36 - - 1251.49 - - 2927.39 - 1251.79 - - 1251.94 - - 3048.78 - 1252.80 - - 1253.13 - 3956.5 (N) 3067.82 1254.01 1252.83 -1.18 1254.05 1253.16 -0.89 - 3110.56 - 1252.85 - - 1253.18 - - 3143.45 - 1252.97 - - 1253.31 - - 3341.92 - 1253.41 - - 1253.71 - - 3355.18 - 1253.30 - - 1253.61 - - 3370.57 - 1253.65 - - 1253.90 - - 3639.01 - 1254.33 - - 1254.56 - EXHIBIT "C" Page 8 Table 4. Revised Floodway Information. Effective RASRevised River Station (FEMA Cross- section Letter in parenthesis, where appropriate) RAS River Station Width (feet) Area (sq ft) Mean Velocity (ft/sec) Without Floodway (feet) With Floodway (feet) Increase (feet) 793.2 (A) 0.28 82 379 3.2 1238.3 1239.0 0.7 951.8 (B) 160.54 65 335 3.6 1238.4 1239.2 0.8 - 232.77 65 313 3.9 1238.4 1239.3 0.8 - 247.95 66 289 4.2 1238.5 1239.3 0.8 - 265.49 66 307 4.0 1238.6 1239.3 0.8 1188.3 (C) 401.53 64 279 4.4 1238.8 1239.6 0.8 - 579.14 63 245 5.0 1239.4 1240.0 0.6 - 706.95 63 242 5.1 1239.9 1240.5 0.5 - 718.52 63 208 5.9 1240.0 1240.4 0.5 - 731.28 63 240 5.1 1240.3 1240.7 0,4 1554.8 (D) 783.83 63 235 5.2 1240.5 1240.9 0.4 1689.0 (E) 1002.15 63 223 5.5 1241.2 1241.8 0.6 - 1117.80 64 211 5.8 1242.0 1242.3 0.2 - 1187.03 63 210 5.8 1242.2 1242.6 0.5 - 1200.04 65 176 6.9 1242.4 1242.6 0.2 - 1211.98 64 222 5.5 1242.6 1243.0 0.4 1966.3 (F) 1249.04 69 237 5.2 1242.7 1243.3 0.5 2113.1 (G) 1358.70 72 244 5.0 1243.1 1243.7 0.6 2270.1 (H) 1495.18 78 244 5.0 1243.9 1244.3 0.4 2427.0(1) 1646.26 73 220 5.5 1244.8 1244.9 0.1 - 1664.09 77 219 5.6 1245.0 1245.0 0.1 - 1677.51 76 186 6.6 1245.0 1245.0 0.1 - 1691.00 76 239 5.1 1245.4 1245.4 0.1 2548-0()) 1757.49 76 242 5.0 1245.7 1245.8 0.1 - 1866.28 77 230 5.3 1246.1 1246.3 0.1 - 2019.16 79 218 5.6 1246.9 1247.1 0.1 - 2138.75 75 218 5.6 1247.7 1247.8 0.1 - 2153.71 80 168 7.3 1247.6 1247.7 0.1 3071.0 (K) 2178.49 75 244 5.0 1248.3 1248.4 0.1 - 2350.68 76 241 5.1 1249.2 1249.3 0.1 3454.7 (L) 2564.28 74 226 5.4 1250.1 1250.2 0.1 - 2611.46 73 236 5.2 1250.4 1250.5 0.1 - 2626.62 77 206 5.9 1250.4 1250.5 0.1 - 2642.96 75 294 4.2 1250.8 1250.9 0.1 - 2673.75 68 270 4.5 1250.8 1250.9 0.1 - 2732.76 52 209 5.8 1250.9 1251.0 0.1 3722.3 (M) 2832.34 49 193 6.3 1251.2 1251.4 0.1 - 2865.01 42 191 6 4 1251.4 1251.5 0.1 - 2927.39 42 236 5.2 1251.8 1251.9 0.2 - 3048.78 42 281 4.4 1252.8 1253.1 0.3 - 3067.82 43 275 4.4 1252.8 1253.2 0.3 3956.5 (N) 3110.56 43 245 5.0 1252.9 1253.2 0.3 - 3143.45 49 262 4.7 1253.0 1253.3 0.3 - 3341.92 52 278 4.4 1253.4 1253.7 0.3 - 3355.18 49 216 5.7 1253.3 1253.6 0.3 - 3370.57 54 284 4.3 1253.7 1253.9 0.3 -1 3639.01 66 267 4.6 1254.3 1254.6 0.2 EXHIBIT 11CF1 Page 9 Notification This CLOW lowers BFEs, reduces the extent of the 100 -year floodplain, and proposes to narrow the floodway. In order to comply with NFIP and FEMA standards and policy for a proposed floodway revision, the FEMA MT -2 instructing state that the community can either be alerted through a published public announcement or individual letters sent to affected landowners. Examples of the proposed public announcement and notification letter for floodway revision are provided in Appendix D. Following acceptance of the language in these documents one or the other will be used to alert the community of the proposed project. Compliance with Endangered Species Act The TCDC has completed environmental permitting that documents that the project does not "take' or harm endangered species and is therefore in compliance with the Endangered Species Act. The relevant ESA compliance documentation, provided by the TCDC, is attached to this submittal. References Federal Emergency Management Agency (FEMA). 2011. Flood Insurance Study, Jackson County, Oregon and Incorporated Areas. Flood Insurance Study Number 41029VOOOA. May 3, Northwest Hydraulic Consultants (NHC). 2008. Hydraulic Summary, City of Central Point, Jackson County, Oregon. Document prepared for Michael Baker Jr. Corp. July 10. EXHIBIT 11CIV Appendix A. Certified Topographic floodplain and Floodway Maps EXHIBIT "C" Appendix B. Annotated FIRM EXHIBIT "C" Appendix C. Completed MT -2 Application Forms EXHIBIT "C" Appendix D. NFIP Regulatory Requirements EXHIBIT '°C°° EXHIBIT "D" GUARANTY Date: J u li� 3 201 OBLIGOR: TWIN CREEKS DEVELOPMENT CO.. LLC GUARANTOR: 100iL 1 '000/Z� CREDITOR: CITY OF CENTRAL POINT, a municipal corporation OBLIGATIONS GUARANTEED: The payment and performance of all liabilities and obligations owing by Obligor to Creditor pursuant to the Twin Creeks Transit Oriented Development Agreement dated 2014 ("Agreement") for the extension of Twin Creeks Crossing, including cont ibution to the costs of a railroad crossing within Twin Creeks TOD Master Plan in the original amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) and the costs for construction of the extension of utilities and the pavement of Twin Creeks Crossing from the current terminus easterly to the railroad right-of-way improvements as identified in the drawings entitled "Griffin Creek Overflow Flood Mitigation Plan" dated March 11, 2013, as identified in Section 2a and 2b of the Agreement. For a valuable consideration the undersigned Guarantor, and each of them, jointly and severally and unconditionally guarantees and promises to pay, on demand, in lawful money of the United States of America, any and all indebtedness of the above named Obligor to Creditor, and Creditor's successors and assigns, as follows: 1. MAXIMUM LIABILITY: The liability of Guarantor hereunder shall not exceed at any one time the sum of.- (a) f: (a) The liabilities and obligations guaranteed described above including the principal amount thereof, if any; (b) An amount equal to all interest owed by Obligor at any time hereafter upon the principal indebtedness of Obligor, or owing with respect to the guaranteed liabilities and obligations; provided, that if such indebtedness shall exceed the dollar amount specified in item (a) above, if any, interest to be included in this item shall be on such indebtedness not exceeding the amount specified in item (a) as shall be designated by Creditor; and (c) All costs, expenses and attorneys' fees, including any on appeals, incurred by Creditor in connection with the collection of the indebtedness of Obligor, with the guaranteed liabilities and obligations, or with the repossession, foreclosure and sale of any collateral. Such limitation on liability shall not be a restriction on the amount of the indebtedness of Obligor to Creditor either in the aggregate or at one time. 2. "INDEBTEDNESS" DEFINED: The word "indebtedness" is used herein in its most comprehensive sense and includes, but is not limited to, any and all advances, debts, obligations, and liabilities of Obligor, or any one or more of them, including judgments against Obligor, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Obligor may be liable individually or jointly with others or primarily or secondarily, or as guarantor, and whether recovery upon such indebtedness may be or hereafter may become barred by any statute of limitations, and whether such indebtedness may be or hereafter may become otherwise unenforceable and whether such indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vires or otherwise. 3. NATURE OF GUARANTOR'S UNDERTAKING: The liability of Guarantor hercunder shall be open and continuous for as long as this guaranty shall be in force. Guarantor intends to guarantee at all times the performance of all obligations of Obligor to Creditor within the limits set forth above. Thus, no payments made upon Obligor's indebtedness shall be held to discharge or diminish the liability of Guarantor for any and all remaining and succeeding indebtedness of Obligor to Creditor. The liability of Guarantor hercunder shall be enforceable against both the separate and community property of Guarantor existing at the date of execution hereof or hereafter acquired. 4. CREDITOR'S RIGHTS AND OBLIGATIONS IN DEALING WITH OBLIGOR: Guarantor authorizes Creditor to deal with Obligor and Obligor's sureties, endorsers and other guarantors in any manner in which Creditor sees tit in connection with any indebtedness of Obligor to Creditor, now or hereafter created, without any further consent or authorization from Guarantor being necessary. Specifically, but without limiting the powers of Creditor, Creditor may extend the time for payment of any indebtedness of Obligor, Creditor may release or agree not to sue Obligor's sureties, endorsers, or other guarantors on any terms it chooses; Creditor may sue or fail to sue Obligor upon any overdue indebtedness; all of the foregoing without the necessity of any notice to or consent from Guarantor and all without affecting Guarantor's liability hereunder. 5. DURATION OF GUARANTY: This guaranty shall take effect when received by Creditor, without the necessity of any acceptance by Creditor, and shall continue in full force until the obligations guaranteed have been fully paid and/or performed. This guaranty shall bind the estate of Guarantor as to indebtedness created both before and after the death or incapacity of Guarantor. 6. CREDITOR'S RIGHTS AGAINST AND OBLIGATIONS TO GUARANTOR: Guarantor hereby expressly waives presentment, protest, demand, or notice of any kind, including notice of nonpayment of any of Obligor's indebtedness or of any collateral thereto and notice of any action or non -action on the part of Obligor, the Creditor, or any surety, endorser, or other guarantor. Upon any default of Obligor on any obligation to Creditor, Creditor may, at its option, then and there demand and be entitled to payment from Guarantor of the full amount or any part of the amount of Obligor's indebtedness to Creditor, within the limitations set forth above, and if Guarantor shall not pay the sum demanded to Creditor, Creditor may proceed directly and at once against Guarantor to collect such sum without first proceeding against Obligor, or any surety, endorser, or other guarantor and without foreclosing upon or selling or otherwise disposing of any collateral it may have as security for any of Obligor's indebtedness. Failure of Creditor to make such demand at such time or to proceed shall not relieve Guarantor of its obligations hereunder or in any sense constitute a waiver. Creditor shall have the right to demand and collect from Guarantor all or any portion of Obligor's indebtedness and failure of Creditor at any time to demand from Guarantor or to proceed to collect from Guarantor the full amount of Obligor's indebtedness from Guarantor shall not preclude Creditor from later demanding or proceeding to collect from Guarantor any remaining indebtedness of Obligor to Creditor covered by this guaranty. In any action or suit against Guarantor to enforce this guaranty, Creditor shall be entitled to recover from Guarantor, in addition to costs and disbursements allowed by law, a reasonable amount for Creditor's attorneys' fees in such action or suit or appeal therefrom. In any action or suit brought by Creditor against Guarantor, Guarantor will not assetl as a defense any statute of limitations if at the time the action or suit is commenced there is outstanding any indebtedness of Obligor to Creditor which is not barred by the statute of limitations of the State of Oregon. if payment is made by Obligor on a debt guaranteed hereby and thereafter the Creditor is forced to remit the amount of that payment to the Obligor's trustee in bankruptcy or similar person under any federal or state bankruptcy law or law for the relief of debtors, the Obligor's debt shall be considered unpaid for the purpose of enforcement of this guaranty. 7. SUBORDINATION OF GUARANTOR'S RIGHTS AGAINST OBLIGOR: Guarantor agrees that the indebtedness of Obligor to Creditor, whether now existing or hereafter created, shall be, and the same hereby is, declared to be prior to any claim that Guarantor may now have or hereafter acquire against Obligor, whether or not Obligor becomes insolvent, and Guarantor shall and does expressly subordinate any such claim Guarantor may have against Obligor, upon any account whatsoever, to any claim that Creditor may now or hereafter have against Obligor. In the event of insolvency and consequent liquidation of the assets of Obligor, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Obligor applicable to the payment of the claims of both Creditor and Guarantor shall be paid to Creditor and shall be first applied by Creditor to the indebtedness of Obligor to Creditor, Guarantor does hereby assign to Creditor all claims which it may have or acquire against Obligor or any assignee or trustee in bankruptcy of Obligor; provided, that such assignment shall be effective only for the purpose of assuring to Creditor full payment of all indebtedness of Obligor to Creditor. 8. ASSIGNMENT OF GUARANTY: Assignment by Creditor of all or part of the indebtedness shall transfer to the assignee all benefits of this guaranty as to the portion of the indebtedness assigned. This guaranty shall remain in effect in favor of the Creditor as to the portion of the indebtedness not assigned. 9. GOVERNING LAW: This guaranty has been executed and delivered in the State of Oregon and the laws of such state shall govern the validity, construction, enforcement and interpretation of this guaranty. 10. VENUE AND JURISDICTION: If any suitor action is filed by any party to enforce this guaranty or otherwise with respect to the subject matter of this guaranty, exclusive venue and jurisdiction shall be in the state courts in Jackson County, Oregon. 11. REPRESENTATION: This Guaranty has been prepared on behalf of the City of Central Point. Guarantor is hereby advised that it should seek independent legal counsel as to the effect of this Guaranty on their individual rights. IN WITNESS WHEREOF, Guarantor has executed this Guaranty on the date set forth above. a� YVl Signalure (Prini Nume Dere) Signature (Print Name Here) - "Guarantor" 66 cl-,4� .-tteNae `''✓� � i Vibwu�� C , civP� &OD re Cts ci �JC(we 1We ''A4ks �6t� yo 0V,/;l0 vi 4)vcu -COV (DUO) City of Central Point, Oregon 140 S 3rd Street, Central Point, OR 97502 541.664.3321 Fax 541.664.6384 www.centralpoincorei,on eov XcIty0f CENTRAL POINT Oregon March 4, 2014 Twin Creeks Development Co., LLC PO Box 3577 Central Point OR 97502 Dear Developer, Administration Department Christopher Clayton, E Manager Deanna Casey, City Recorder Enclosed with this letter are two originals of the Twin Creeks Transit Oriented Development Agreement. The City has kept one of the originals. We did not record this document with the County, as our City Attorney stated that it does not contain notary statements for the City officials or acknowledgement of the right to record. If you have any questions please feel free to contact me at 541-423-1026. Sincer ours, Deanna Casey, MMC City Recorder