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AGREEMENT REGARDING PALOUSE MALL BUFFERING AS A CONDITION OF ZONING DISTRICT CHANGE FROM AGRICULTURAUFORESTRY (AF) ZONING DISTRICT TO MOTOR BUSINESS (MB) ZONING DISTRICT. THIS AGREEMENT REGARDING PALOUSE MALL BUFFERING AS A CONDITION OF ZONING DISTRICT CHANGE FROM AGRICULTURAL/FORESTRY (AF) ZONING DISTRICT TO MOTOR BUSINESS (MB) ZONING DISTRICT (hereinafter referred to as "Agreement") by and between the Regents of the University of Idaho (hereinafter referred to as "UNIVERSITY"), Palouse Mall Associates, L.L.C., a Limited Liability Company of the State of Washington (hereinafter referred to as and City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter referred to as "CITY"). W I T N E S S E T H: WHEREAS, CITY, by adoption of City of Moscow, Idaho Ordinance No. J 230, rezoned property owned by the University and leased to PM, and commonly known as the Palouse Mall from Agriculture/Forestry (AF) Zoning District to Motor Business (MB) Zoning District; and WHEREAS, certain buffering requirements were imposed as a condition of such rezoning; and WHEREAS, the parties, by this Agreement, desire to clarify those buffering requirements because of the lack of specific reliable documentation of such buffering requirements in City of Moscow, Idaho Ordinance No. 1230; and WHEREAS, a permit to use right-of-way was granted by the Idaho Department of Transportation (hereinafter refened to as "lTD") to UNIVERSITY for a landscape strip (hereinafter refened to as "BUFFER") to be placed in Highway 8 public right-of-way between the north curb line and the PM property line; and WHEREAS, CJTY has historically accepted the buffering which existed prior to November 2000 within the public right-of-way north of Highway 8 along the PM property to be adequate to meet buffering generally required by CITY; and WHEREAS, UNIVERSITY and PM desire to maintain the Motor Business (MB) Zoning District designation for the PM property and, more particularly, desire to maintain adequate buffering in as set forth in this Agreement in order to ensure such zoning designation; and WHEREAS, UNIVERSITY and PM have submitted and the Moscow City Council has approved the Palouse Mall Conceptual Landscape Plan by Sean E. Michael, Ph.D., dated February 18, 2002 as amended (hereinafter referred to as "PLAN") to re-landscape, enhance and maintain the BUFFER which PLAN shall be made the basis of this Agreement; and WHEREAS, PM, as part of a previous agreement. has paid to CITY the sum of Thirty Six Thousand, Three Hundred Fifty Two and Eighty Six One Hundredths Dollars ($36,352.86); and PALOUSE MALL Bt:I-'f