2026-01-05 - Ordinance 2026-003 - APPROVING AMENDMENT 1 TO AN AGREEMENT WITH LAKE COUNTY STORMWATER MANAGEMENT COMMISSION TO RECEIVE GRANT FUNDING FOR BORDEAUX WETLAND RESTORATION,
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BUFEAI.O
CRPVE
oRDtNANCE 2026-00.3
AN ORDINANCE APPROVING AMENDMENT I TO
AN AGREEMENT WITH LAKE COUNTY
STORMWATER MANAGEMENT COMMISSION TO
RECEIVE GRANT FUNDING FOR BORDEAUX
WETLAND RESTORATION
4 - Richards. Cesario , Bocek, Weidenfeld
O - None
2 - Joh oso n-Otten heimer
Ja nuary 5. 2026
Januarv 5,2026
lanuarv A.2026
ROVED
Viliaqe Clerk
WHEREAS the Village of Buffalo Crove is a home rule unit pursuant to the
lllinois Constitution of l97O; and
WHEREAS The Village of Buffalo Crove has determined that this Amendment
is consistent with strategic priorities and in the best interests of the Village.
NOW THEREFORE BE lT ORDAINED by the President and Board of Trustees of the
Village of Buffalo Crove, Cook and Lake Counties, lllinois, as follows:
SECTION I. The foregoing recitals are hereby adopted and incorporated and made a
part of this Ordinance as if fully set forth herein.
SECTION 2. That the Village President is authorized to execute Amendment I to the
lntergovernmental Agreement with the Lake County Stormwater Management
Commission in substantially the same form as is attached hereto as Exhibit A,
subject to final review and approval by the Village Attorney.
SECTION 3. lf any section, paragraph, clause or provision of this Ordinance shall be
held invalid, the invalidity thereof shall not affect any other provision of this
Ordinance.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage
and approval and shall not be codified.
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
PUBLISHED
ATTES-i':
Eric N. S m Village PresidentJanSirabia n,
Page I of I
smart with heart.
rffalo Crove. lL60089 \ 847-459-250
WHEREAS the Village seeks to amend an existing Intergovernmental
Agreement with the Lake County Stormwater Management Commission relating to
capital improvements to the Bordeaux Natural Area for the Village of Buffalo Crove;
and
-)^l .-..,
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T NTERGROVE R\[ M E NTAL AGREEM E NT
between the
LAKE COUNTY
STORMWATER MANAGEMENT COMMISSION
and the
VILLAGE OF BUFFALO GROVE
for the
BORDEAUX WETLAND RESTORATION AND DRAINAGE
IMPROVEMENTS PROJECT
THIS IS AN AGREEMENT by and between the LAKE COLTNTY STORMWATER
MANAGEMENT COMMISSION. 500 W. Winchester Rd., Libertyville, Illinois 60048
(hereinafter called SMC) and the Village of Buffalo Grove c/o KyleJohasen Andrea Larson, 50
Raupp Boulevard, Vitlage of Buflalo Grove, Illinois 60089 (hereinafter called VILLAGE).
PROJECT DESCRIPTIO\
The Bordeaux Native Areas are an eleven ( I [ ) acre wetland complex located in the Village of
Buffalo Grove roughly south of Aptakisic Road and west of North Buffalo Crove Road
hereinafter called the PROJECT AREA. This work is hereinafter called the PROJECT. The
PROJECT consists of ele+ea{lg approximately- -1 5 acres olwetland restoration in the
PROJECT AREA, including #0e approximately 900 linear feet of streambank stabilization,
invasive vegetation management, native prairie plantings, and rain garden upgrades. wetlaad
ptan++rp @. The project will improve drainage in Aptakisic
Creek, reduce flooding ofa multiuse trail, and reduce damage to the Prairie Elementary School
parking lot,
SCOPE OF \\'ORK
L The VILLAGE will complete the PROJECT as described above.
The VILLAGE will hire all consultants and./or contractors and procure all materials
and/or equipment necessary to complete the PROJECT.
Upon request. the SMC will provide limited technical assistance to the VILLAGE during
the PROJECT- This may include review ofdesign documents. permit applications. and/or
the methods and materials that will be used during implementation of the PROJECT.
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Amendment #l
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Bordea r Vetlond Restomtion and Druinage lrnpturentents
FA25 Votershed Manogemeit B@rd Grant
Page 2 of4
SCHEDT'LE
For work performed within a public road right-of-way (ROW). easement documentation
is not required. However, except when the jurisdictional road authority is performing the
work, no work shall occur without appropnate permits or authorization from the
jurisdictional road authority.
Where in-the-ground construction will or may occur outside the road ROW, the
VILLAGE shall provide SMC with evidence of all land rights necessary to complete and
maintain the PROJECT. SMC staffmay provide limited assistance. The required
documents obtained fiom the record Owner(s)on each parcel shall include:
a) A recordable permanent easement for the PROJECT land area where the
storrnwater infrastmcture (e.g., drainageway, storage area, etc.) is located;
b) Ifnecessary. a temporary construction easement (or other right ofaccess) to
access the construction site (permanent easement premises).
c) If necessary. a recordable permanent ingress and egress (easement) access path or
access point for the purpose ofaccessing the permanent easement premises to
maintain the area associated with the PROJECT.
Instmments for documentation or authorization may include recorded permanent
easements; land col enants, deed-restricted areas, or prescriptive easement (with the
Owner's authorization or evidence ofpossessory interest); or other Owner-approved and
SMC-accepted legal instruments (e.g., Owner-executed license agreement).
The VILLAGE will obtain all permits and written authorizations and will conduct all
consultations necessary to complete the PROJECT. including. but not limited to. if
necessary. a wetland permit fiom the US Army Corps of Engineers (USACE). a
Watershed Development Permit fiom SMC or the appropriate certified community (as
appticable), a constmction stormwater permit from the Illinois Environmental Protection
Agency (IEPA). a consultation with the Illinois Department of Narural Resources (IDNR)
regarding state listed threatened and endangered species. and authorization from the road
authority. Please note that all permit and consultation fees are the responsibility ofthe
VILLAGE and are not reimbursable under this AGREEMENT: however. such permit
fees may count toward the VILLAGE's share of the total PROJECT cost.
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The VILLAGE shall submit a written progress report on the PROJECT to SMC on or
before July 31,2025 2027.
During the PROJECT. the VILLAGE will prepare and submit to SMC a brief one- to
two-page written progress report and, upon completion ofthe PROJECT. a briefone- to
two-page written final report. Photographic documentation of before, during, and after
construction must be included.
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The MLLAGE shall complete the PROJECT on or before November 30,2O?5 2027. If
necessary, the VILLAGE may requesl an extension from SMC (in writing) prior to
November I , ?s.25 2027 .
The MLLAGE shall submit a written final report on the PROJECT to SMC on or before
November 30,2e25 2027. If necessary, the VILLAGE may request an extension from
SMC (in *riting) prior to November l, 20:S 2027.
The VILLACE shall submit a wntten request for reimbursement of eligible PROJECT
expenses to SMC on or before November 30. le5 2017. If necessary, the VILLAGE
may request an extension from SMC (in writing) prior ro November l,3025 1017. Unless
an extension was requested of-and granted by-the SMC. requests for reimbursement
submitted after such date will not be honored.
CO\IPE\S.{TIO\
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BonleatLir ,yetland Restomtion and Druinage lmprcyarrents
FY25 Watershed Management Boord Gront
Poge 3 of4
TER\IS A\D CO\DITIO\S
The terms of this AGREEMENT are valid until November 30.3els 2027, The
VILLAGE agrees to be responsible for the long+erm operation and maintenance ofthe
PROJECT.
Either party may terminate this AGREEMENT upon 30 days written notice to the other
party. In the event of such termination occuring prior to project completion, SMC shall
reimburse the VILLAGE for up to 50% of eligible PROJECT expenditures made up to
the date of termination. up to a ma.rimum of 532.455-00.
All adjustments. additions, and/or deletions to this AGREEMENT, including substantive
changes to the PROJECT description and/or scope ofwork. are subject to the written
approval of both parties.
The VILLAGE will include in any PROJECT-related publications created for general
extemal circulation, including brochures, newsletters, and website and presentation
The total cost ofthe PROJECT is approximately S|95S€0O40 52.600.000.
SMC will reimburse the VILLAGE for 50% of etigible PROJECT expenditures made
after December 5b,2024 or 564.910.00. whichever is less.
Final payment of reimbursable expenditures shall become due and payable by SMC after
successful completion ofthe PROJECT and receipt ofa wntten request for
reimbursement fiom the VILLAGE to SMC along with an invoice for the requested
reimbursement amount and adequate documentation ofthe PROJECT expenditures (e.g.,
invoices. proof of payment. etc.). including in-kind senices.
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Bordang fetland Reslomtion and Drainage Imprueemerrrs
FY25 Wotershed Manogemenl B(nrd Gmnt
Page 4 of4
LAKE COI-]\TY STORNTWATER
MANAGEME}iT CO}I}IISSIO\ :
Kurt A. Woolford
Executive Director
Date:
materials), the following phrase: "litnding.for this projecr was provided in part by the
Lake (-ounty Stormwaler Managemenl (-ommission lhrough a ll/alershed Managemenl
Boarul Grant. "
This AGREEMENT shall be governed by and construed according to the laws ofthe
State of Illinois.
This AGREEMENT supersedes any and all other agreements. oral or written, between
the parties hereto with respect to the subject matter hereof.
IN WITNESS WHER-EOF, the parties have caused this AGREEMENT to be executed, as
evidenced by the signatures of their duly authorized representative as affixed below.
VILLAGE OF BTIFFALO GROVE:
Errc N. S
Village President
Date \'q\-r