This Agreement, Entered Into by and Between the Town of Aurora, 5 South Grove Street, East

AGREEMENT

This Agreement, entered into by and between the Town of Aurora, 5 South Grove Street, East Aurora, New York 14052, and the Village of East Aurora, 571 Main Street, East Aurora, New York 14052, sets forth the terms and conditions by and between the parties as they relate to the position of Building Inspector which will jointly serve each municipality.

Whereas, the Town of Aurora has the authority to regulate the construction and occupation of buildings and structures located within the Town of Aurora, pursuant to the New York State Uniform Fire Prevention and Building Code, and the Aurora Town Code; and

Whereas, the Village of East Aurora has the authority to regulate the construction and occupation of buildings and structures located within the Village of East Aurora, pursuant to the New York State Uniform Fire Prevention and Building Code, and the East Aurora Village Code; and

Whereas, the parties, pursuant to General Municipal Law Section 119-o, are authorized to enter into joint municipal agreements to share in their municipal obligations, and

Whereas, it is the intention of the parties that the Town of Aurora, through its' building inspector, will provide all building inspection services, including inspections that are required by the New York State Uniform Fire Prevention and Building Code, and the Code of each municipality.

Now therefore it is hereby agreed by and between the Town of Aurora and the Village of East Aurora as follows:

1) That the Town of Aurora, through its' Building Inspector, shall perform all inspections in both the Town of Aurora and the Village of East Aurora as required by the Laws of the State of New York, and the codes of the Town of Aurora and the Village of East Aurora; 2) That, the building inspector of the Town of Aurora shall, in addition to making all necessary and required inspections during the terms of this Agreement, be authorized to issue any orders regarding the enforcement of the local laws, rules and regulations, including the New York State Uniform Fire Prevention and Building Code;

3) That, the Village of East Aurora agrees to provide and furnish the Town of Aurora Building Inspector with all maps, forms, applications, rules and local regulations, and other documents necessary to carry out the duties required by this Ageement;

4) That, the records of the inspections made by the Town of Aurora Building Inspector in the Village of East Aurora shall be made available and provided to the Village of East Aurora, and shall be on file in the office of the Building Inspector of the Town of Aurora;

5) That, the records of the inspections made by the Town of Aurora Building Inspector in the Town of Aurora shall be made available and provided to the Town of Aurora, and shall be on file in the office of the Building Inspector of the Town of Aurora;

6) That, any liability resulting from the inspection properties, or the issuance of orders regarding the enforcement of local laws, rules and regulations, including the New York State Uniform Fire Prevention and Building Code, shall be borne by the municipality where the property is located.

7) That, any fees collected by the Building Inspector pursuant to local laws or the New York State Uniform Fire Prevention and Building Code, shall be remitted to the municipality where the property responsible for said fees is located.

8) That, the Town of Aurora and the Village of East Aurora shall provide appropriate liability insurance to cover any and all liability that may arise under the terms of this agreement;

9) That the Town of Aurora Building inspector at all times will be an employee

of the Town of Aurora, and in no case shall be deemed an employee of the

Village of East Aurora.

10) That the Village of East Aurora agrees to reimburse the Town of Aurora for services rendered by the Town of Aurora Building Inspector on issues within the Village of East Aurora, during the terms of this Agreement, at a rate to be mutually agreed upon by the parties herein.

11) That, this agreement shall be effective on the date it is executed by each municipality, and shall remain in effect until terminated upon the agreement of both parties.

IN WITNESS WHEREOF, the Town of Aurora, by Order of the Town Board granted on the day of May, 2004, has authorized the Supervisor to execute this agreement, and the Village of East Aurora, by Order of the Village Board granted on the day of May, 2004, has authorized the Mayor to execute this agreement.

Town of Aurora Dated: By:

Village of Aurora Dated: By: