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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 corporati n ("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 the <br />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—Zoning, as well <br />those Sections of Chapter One pertaining to code enforcement, definitions and code <br />interpretation. <br />c.Performance Agreement means an agreement entered into between a property <br />owner and the City Authorized by Chapter One Section 111.