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c. Performance Agreement means an agreement entered into between a property <br /> owner and the City Authorized by Chapter One Section 111. <br /> 3. TERM. The effective date of this Agreement shall be on the date this Agreement <br /> is approved by the governing bodies of the Cities and shall remain in force and effect for one <br /> year from the date this Agreement is approved and shall be automatically renewed annually <br /> thereafter for each successive contract year unless terminated by either party serving written <br /> notice within 60 days of current contract expiration.. Any such termination shall also conform to <br /> other applicable provisions in this Agreement and shall be subject to Minnetonka Beach paying <br /> any and all charges due for services rendered prior to the termination, including the full amount <br /> of the retainer fee for the final month of service. <br /> 4. SCOPE OF SERVICES. Orono agrees that it will provide building inspection <br /> services and assist with Zoning Ordinance enforcement for Minnetonka Beach subject to the <br /> following conditions: <br /> a. Adoption of Building Code. Minnetonka Beach agrees to adopt by <br /> ordinance the Minnesota State Building Code, as defined above, and to keep such adoption <br /> current as new model code editions are subsequently adopted by the State. Minnetonka Beach <br /> may adopt the standard fee schedule or any alternative fee schedule as provided by 2MCAR <br /> 1.1011 (UBC 304 a). Orono shall inform Minnetonka Beach in a timely manner whenever the <br /> ordinances of Minnetonka Beach must be revised to include a new or revised code edition. <br /> b. Level of Services. The level of services rendered to Minnetonka Beach by <br /> Orono shall be essentially the same as the services rendered by Orono in the City of Orono, <br /> except as hereinafter stated. The basic services shall include preconstruction plan review and on- <br /> site construction inspection as required for enforcement and administration of the Building Code <br /> and the Zoning Ordinance. Specifically included are all services related to general construction, <br /> building setbacks, plumbing, heating, ventilating, air conditioning, and refrigeration work. <br /> Orono will provide the necessary inspection, provide information and stop construction when <br /> deemed necessary to enforce the Zoning �rdinance, Performance Agreement requirements <br /> related to building on the land, condition established by the City Council in the approval of <br /> conditional use permits and granting variances and any other Chapter Two Land Use <br /> Management violation.. Specifically excluded are any services relating to administration or <br /> enforcement of the following: <br /> • National Electric Code, which is under the jurisdiction of the State Board of <br /> Electricity. <br /> • Erosion Control and Post Construction provisions of the Zoning Ordinance which <br /> shall be administrated and enforced by the Minnehaha Creek Watershed District <br /> The Building Code and Zoning Code inspections shall be performed by a certified Building <br /> Official of the State of Minnesota, or by a qualified building inspector working under the direct <br /> supervision of the Orono Building Official. <br /> 143899v3 2 <br />