Mediation New Condition Redline BDCouncil 9-20-10-1

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Exhibit 1 to Letter from Christy Todd and Megan Nelson, September 20, 2010

NEW CONDITION:If (a) the City of Maple Valley does not appeal or challengethe MPD Approval for the Villages MPD, (b) the City of Maple Valley does notappeal or challenge the MPD Approval for the Lawson Hills MPD, (c) the City of Maple Valley does not appeal or challenge the Development Agreement for theVillages MPD, (d) the City of Maple Valley does not appeal or challenge theDevelopment Agreement for the Lawson Hills MPD,and (e) any other person or entity who appeals one or more of items (a) through (d) agrees to dismiss any and allclaims for relief that would alter the traffic mitigation measures within theincorporated boundaries of the City of Maple Valley, then the City of Black Diamondwill impose uponthe Applicant shall provide the following mitigation for MapleValley, which as to the identified mitigation supercedes the mitigation projects listedfor the City of Maple Valley in Condition 18 above in addition to the mitigationdetailed in Condition 18. For purposes of this condition,“proportionate share” shallmeanthe ratio of the combined Villages and Lawson Hills MPD project PM peak hour trips projected to use the intersection compared to the total number of PM peak hour trips expected to use the intersectionthe percentage of the mitigation project to be contributed by the Applicant to the City of Mpale Valley is shown for each project.All references toproportionate share percentages are to a proportionate share of thecombined Villages and Lawson Hills projects. The proportionate share percentageshall be multiplied by the design and construction costs set forth in any contractawarded by the agency responsible for constructing the projectpercentages constitutethe combined contribution share of The Villages and Lawson Hills projects. Project A:Contributea proportionate share (25 percent)towardanoneadditional southbound through lane on SR 169 from SE 231st Street to SEWaxWitteRoad,. Add a second eastboundto southboundright-turn laneat SR 169/onSE Wax Road(double right turn lanes),. and aUpgradesignal equipmentupgrade at the intersection of SR 169 and SE Wax Road to be able to run the eastbound right turn phase withnorthbound protected left turn phase at the same time.Project B:Contributea proportionate share (26.1percent)towardanoneadditional southboundthrough lane on SR 169 from SE Wax Roadthrough the intersection atSR 169/toWitte Road SE.The curb lane will become a right turn lane. Thesouthbound approach to this intersection will be one right turn lane and two throughlanes.Project C:Contributea proportionate share (3666.6percent)toward a second northboundto westboundleft-turn lane(300 ft), on SR 169 and asecond westbound to southboundleft-turn lane(400 ft) on SE 240

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Street

,. and second westboundreceiving lane at the intersection of SR 169/WidenSE 240th Streetwest of SR 169 toadd a second westbound lane (500 ft).

Project E:Contributea proportionate share (37.2percent)toward a second southbound lane on SR 169 from Witte Road SE to SE 244th Street and a secondnorthbound lane on SR 169 fromapproximately 1,5001,000feet south of SE 240thStreet to Witte Road SE.Project F:Contributea proportionate share (3963.2percent)toward a traffic signal at the intersection of SR 169/SE 244th Street.Project G:Contributea proportionate share (4150.8percent)toward a second southbound lane on SR 169 from SE 244th Street to SE 264th Street.Construct asecond northbound lane on SR 169 from SE 264

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Street to 1,000 feet north of SE264

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Street.Project H:Contributea proportionate share (4959percent)toward a second southbound lane on SR 169 fromapproximately 700 feetsouth of SR 516 to SE 271stStreet.Project I:Contributea proportionate share (4454.6percent)toward a signal equipment upgrade at the intersections of SR 169/SE 264th Street, SR 169/SR516,and SR 169/SE 271st Streetto be able to coordinate these three signals, and set thesignal cycle length at 140 seconds.Project J:Contributea proportionate share (5161.25percent)toward a second southbound lane on SR 169 from SE 271st Street to SE 280th Street and a secondnorthbound lane on SR 169 fromapproximately 5001,000feet south of SE 271stStreet to SE 271st Street.Project K:Contributea proportionate share (58.4percent)toward a second southbound lane on SR 169 from SE 280th Street to Maple Valley’s South City Limit.Project L:Contributea proportionate share (76.8percent)toward a new three-lane roadminor arterial (SE 271st Street Bypass) (one eastbound and two westboundlanes) on the SE 271

st

Street alignment between SR 169 and SR 516. and a traffic signal andAdd asecond northboundto westboundleft-turn lane(200 ft)at the intersection ofonSR 169/SE 271st Street and a signal at SR 516/SE 271

st

intersection.Contribute a proportionate share (20 percent) toward a second eastbound lane on SR 516 from Maple Valley’s West City Limit to 216th Avenue SE.Contribute a proportionate share (7 percent) toward rechannelization of thesouthbound approach and a northbound left-turn lane at the intersection of SR 516/Witte Road SE.

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