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AMENDED AND RESTATED AGREEMENT <br /> THIS AMENDED AND RESTATED AGREEMENT is made and entered into this <br /> day of , 2010, by and between the CITY OF ORONO, a Minnesota <br /> municipal corporation ("Orono"), and CITY OF THE VILLAGE OF MINNETONKA <br /> BEACH, a Minnesota municipal corporation ("Minnetonka Beach")(hereinafter the "Cities"). <br /> RECITALS <br /> WHEREAS, the Cities entered into an agreement for building inspection services on <br /> January 1, 1989 ("Building Inspections Agreement"); and <br /> WHEREAS, Minnetonka Beach is currently requesting the Building Inspections <br /> Agreement be amended to provide for the inspection of building setbacks, inspection of zoning <br /> ordinance violations, and assistance of enforcing performance agreements; and <br /> WHEREAS, the Cities desire to amend and restate their previous agreement to reflect <br /> the change in services requested by Minnetonka Beach; and <br /> WHEREAS, the Cities agree that this Agreement amends and replaces the Building <br /> Inspections Agreement; and <br /> WHEREAS, Minn. Stat. § 471.59 authorizes governmental units by agreement of their <br /> governing bodies to jointly or cooperatively exercise any powers common to them. <br /> NOW THEREFORE, the Cities agree as follows: <br /> 1. PURPOSE. The purpose of this Agreement is to establish a framework whereby <br /> Orono will perform building and zoning inspection services and assist with zoning ordinance <br /> enforcement for Minnetonka Beach. <br /> 2. DEFINITIONS. The following definitions apply to this Agreement: <br /> a. "Building Code" means the current edition of the Minnesota State <br /> Building code as adopted by Minnesota Statutes chapter 326B including the Minnesota Rules <br /> and codes adopted by reference therein; and including revised or updated editions of said rules <br /> and codes as may from time to time by duly adopted by the State: <br /> b."Zoning Ordinance"means Minnetonka Beach Zoning Ordinance contained in <br /> Chapter Two of the City Code of Ordinances entitled Land Use Management— <br /> Zoning, as well those Sections of Chapter One pertaining to code enforcement, <br /> definitions and code interpretation. <br /> 143899v3 1 <br />