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2008-10RESOLUTION NO. 2008- 10 A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH THE LAKE COUNTY STORMWATER MANAGEMENT COMMISSION RELATED TO THE ARBORETUM CLUB LAKESHORE RESTORATION PHASE 1 PROJECT WHEREAS, the completion of the Arboretum Club Lakeshore Restoration Phase 1 Project is desired; and, WHEREAS, funding assistance is required in order to proceed with the completion of this project. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The Agreement entitled, "Intergovernmental Agreement between the Lake County Stormwater Management Commission and the Village of Buffalo Grove for The Arboretum Club Lakeshore Restoration -Phase I", is hereby approved. Section 2. The Village President is authorized and directed to execute the Intergovernmental Agreement. A copy of said document is attached hereto and made a part hereof. AYES: 5 - Braman, Glover, Kahn. Trilling, Rubin NAYES: 0 - None ABSENT: 1, _- Berman PASSED: April 7 12008 APPROVED: April 7 - -- .2008 APPROVED:] Village President ATTEST: >llage Clerk (:.Vil" -Dill i tP \LIIC: ApLikisic CreWre vg lc=c.di�e INTERGOVERNMENTAL AGREEMENT between the LAKE COUNTY STORMWATER MANAGEMENT COMMISSION and the VILLAGE OF BUFFALO GROVE for The Arboretum Club Lakeshore Restoration -Phase 1 THIS IS AN AGREEMENT, by and between The LAKE COUNTY STORMWATER MANAGEMENT COMMISSION, 333 Peterson Road, Libertyville, Illinois 60048 (hereinafter called SMC) and the VILLAGE OF BUFFALO GROVE, 51 Raupp Boulevard, Buffalo Grove, Illinois, 60089 (hereinafter called VILLAGE). PROJECT DESCRIPTION The Arboretum Club is a Village -owned public golf course. The project includes stabilizing the eroding shoreline of the on -line lakes (to Aptakisic Creek). Approximately 500 linear feet of shoreline of four lakes will be stabilized and restored in Phase 1. The project location is shown in Exhibit 1. This work is hereinafter called the PROJECT. SCOPE OF WORK 1 The SMC will provide limited technical assistance to the VILLAGE. This may include, review of construction scope items, construction inspections and discussing quantities, materials and methods for the PROJECT. 2. The VILLAGE will hire contractors and /or equipment necessary to be used for construction of the PROJECT. 3. The VILLAGE will obtain all necessary permits, including, if applicable, the USACE, IDNR, USEPA, and SMC's Watershed Development permits. SCHEDULE The VILLAGE shall submit PROJECT status update to the SMC before July 30, 2008. The VILLAGE shall submit the final request for reimbursement for eligible expenses before November 30, 2008. If necessary, an extension may be requested in writing by the VILLAGE prior to this date. Requests for reimbursement submitted after this date without prior approval of the extension will not be honored. C: \DOCUME— I \boysegp \LOCALS —I \Temp\notesE3BA25 \IGA Arboretum Club Lakeshore Restoration.doe Page 1 COMPENSATION 1. The total project cost is approximately $30,000. 2. SMC funding shall not exceed $10,000. 3. Payment of reimbursable costs shall be due and payable by the SMC after submission of the VILLAGE's invoice, after satisfactory completion of the work as permitted by SMC, and after approval of the same by the SMC Director. TERMS AND CONDITIONS 1. The terms of this agreement are valid until November 30, 2009. 2. Either party may terminate this Agreement upon thirty days written notice to the other party. In event of termination, SMC shall pay the VILLAGE for 50% of the services rendered to the date of termination up to a maximum of $10,000. All adjustments, additions, and /or deletions to this Agreement are subject to the written approval of both parties. 4. This Agreement shall be governed by and construed according to the Iaws of the State of Illinois. 5. SMC authorization and financial support for this project is conditioned on its compliance with all applicable federal, state and local statutes and regulations. As provided by the Illinois Endangered Species Protection Act [520 ILCS 10/11 ] and the Illinois Natural Areas Preservation Act [525 ILCS 30/17], any construction, land management or other activity authorized or funded by a local unit of government that will change existing environmental conditions, and/or will have a cumulative, direct or indirect adverse impact on a Natural Area or on a listed species or its habitat, must complete the Endangered Species Consultation Process. As a party to this agreement, the VILLAGE must provide documentation to SMC that the consultation process with the Illinois Department of Natural Resources has been completed. [Consultation program information, applicability and application forms can be found at hup: //dnr. state. il, us/orep/nrrc/brief. htm] b. This Agreement supersedes any and all other Agreements, oral or written, between the parties hereto with respect to the subject matter hereof. C: \DOCUME- I \boysegp \LOCALS-- 1 \Temp\notesE3BA25 \1GA Arboretum Club Lakeshore Restoration.doc Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed, as evidenced by the signatures of their duly authorized representative as affixed below. LAKE COUNTY STORM'WATER MANAGEMENT COMMISSION: Michael D. Warner, P.E., CFM, Executive Dir ctor Date: —7 VILLAGE OF BUFFALO GROVE: Elliott Hartstein, Village President Date: _ 4/7/08 CADOCUME— Moysegp\LOCALS -1 Yremp\notaE3l3A25 \lGA Arboretum Club LAkeshore Restoration.doc Page 3 Lake County, Illinois Topography F, V. 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