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MEMORANDUM OF AGREEMENT 1. PARTIES. The parties hereto are the CITY OF MOSCOW, IDAHO, a municipal corporation of the State of Idaho, herein called "City;" and KAY T. HUL T and BARBARA HUL T, husband and wife, and CLAYTON HUL T and PAMELA HUL T, husband and wife, herein called "Hult." 2. AGREEMENT. This shall establish the agreement reached between Hult and City regarding property commonly referred to as 1064 Highway 95 North, Moscow, Idaho, herein called "Property." This Agreement is designed to clarify and resolve certain zoning, building and other issues concerning the Property, which is located in the City Area of Impact. 3. RESTRICTION ON THE USE OF BUILDING ON REAL PROPERTY. In an effort to carry on previous decisions of Latah County in which is now the Area of City Impact, City has requested Hu!t execute a documen! entitled RESTRICTION ON THE USE OF BUILDING ON REAL PROPERTY, which Hult has executed, a copy of which is attached hereto and incorporated herein as an integral part of this Agreement. 4. ADDITIONAL RESIDENCE. Hult intends to build an additional detached single family residence on the Property pursuant to approval given by Latah County, Idaho, in August, 1992. City is interested because the Property is now located in the Area of City Impact. 5. CONCERNS OF PARTIES. The major concern of City is the continuing status of the existing residence on the above Property as a duplex; and, the major concern of Hull is the building requirements for the new single family residence. 6. REQUIREMENTS OF HUL T. Hull has agreed to do the following: A. Physically convert the existing duplex into a single family dwelling by constructing an interior stairwell to permanently connect the two habitable floor levels of the building. [Hull will not be required to remove either one of the kitchens in the building.] Hull will obtain the required additional building permit from Latah County, which then City shall approve, for the construction of the new interior spiral staircase. B. Hull will sign, date and have notarized the RESTRICTION ON THE USE OF BUILDING ON REAL PROPERTY prepared by City, which shall run with the land on the Property, in which Hull will acknowledge that the current building on the subject Property shall not continue to be used as or converted into a duplex, so long as a duplex use is not permitted upon said Property by City zoning ordinances. Upon signature by Hull, City may record this RESTRICTION. C. Hult shall begin construction of the interior stairway referenced herein upon execution of this Agreement by City. D. Building shall be constructed or installed not closer than 40' from north Property line. ---PAGE BREAK--- 7. REQUIREMENTS OF CITY. City has agreed to do the following: A. Hult will not be required to remove either one of the kitchens in the existing dwelling. B. There will be no time restriction for obtaining the building permit for the second detached single family dwelling on the Property. The approval to install the second detached single family dwelling will not expire after September 25, 1997. C. Hult will not be required to install the interior stairway in the existing duplex prior to September 25, 1997. However, Hult will complete construction of such stairway within a reasonable time, not to exceed one year from the date of this Agreement D. It will be the responsibility of City to record any documents relative to the existing duplex. E. City will honor the land use decision made by Latah County prior to the City's acceptance of responsibility over the Property by virtue of the Area of City Impact Although current Moscow zoning laws do not permit construction of an additional detached single family residence on the Property, the City will permit such construction pursuant to the approval given by Latah County in August, 1992. 8. ENTIRE AGREEMENT. This Agreement, including the attached RESTRICTION ON THE USE OF BUILDING ON REAL PROPERTY, constitutes the entire Agreement between the parties hereto. CITY OF MOSCOW By: p HULT ) Barbara Hult It ' t / , X_ , 1/ i 1eitr IJ?;Ie 6. t Pamela Hult · · 2 ---PAGE BREAK--- STATE OF IDAHO ) ) ss. County of Latah ) On this day of September, 1997, before me the undersigned Notary Public in and for said State, personally appeared KAY T. HUL T and BARBARA HUL T, husband and wife, known to me to be the persons whose names are subscribed to the foregoing AGREEMENT, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal on the date last above written. STATE OF IDAHO ) ) ss. County of Latah ) /1 j j\v!t.A L-V/ NOT;;Y PUBLIC in atJia6rtheState of Idaho, residi<•g at Moscow, ldahp, / My Commission expires: It>[, On this day of September, 1997, before me the undersigned Notary Public in and for said State, personally appeared CLAYTON HUL T and PAMELA HULT, husband and wife, known to me to be the persons whose names are subscribed to the foregoing AGREEMENT, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal on the date last above written. /1/d-4' Jl'\ j NOTARY PUBLIC in ante of Idaho, residing at Moscow, Idaho, / My Commission expires: o:S loS" o J ' ; 430355 AT THE REQUEST OF: C 1 1'1 I= 711)-SC.OW 3