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2009-12r � • RESOLUTION NO. 2009- 12 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE LAKE COUNTY STORMWATER MANAGEMENT COMMISSION RELATED TO BUFFALO CREEK STREAMBANK STABILIZATION (PHASE 3) WHEREAS, it would be desirable to implement a streambank stabilization improvement along Buffalo Creek within the Buffalo Grove Golf Course, and, WHEREAS, grant 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 Buffalo Creek Streambank Stabilization Project —Phase 3 ", 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: 6 - Braiman Glover Berman Kahn, Trilling, Rubin NAYES: 0 - None ABSENT- 0 — None PASSED: March 23 , 2009 IMPROVED: March 23 , 2009 APPROVE : Village President ATTEST: age Clerk fr :4F ��?LTIJt .Cilil''LIIC113GRKtrecQ9 lanic.doc INTERGOVERNMENTAL AGREEMENT between the LAKE COUNTY STORMWATER MANAGEMENT COMMISSION and the VILLAGE OF BUFFALO GROVE for Buffalo Creek Streambank Stabilization -Phase 3 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 Blvd., Buffalo Grove, Illinois 60089 (hereinafter called VILLAGE). PROJECT DESCRIPTION The project site is located in the Village of Buffalo Grove within the Buffalo Grove Golf Course. The project includes streambank stabilization of approximately 450 feet along Buffalo Creek and approximately 600 feet along an unnamed tributary to Buffalo Creek. The Village is embarking on a multi -phase project to restore Buffalo Creek. In this third phase, stabilization methods include a rock toe and native plantings. Additionally, the banks will be graded to a 3H: IV slope or flatter. The project location is shown in Exhibit 1. This work is hereinafter called the PROJECT. SCOPE OF WORK 1. The SMC will provide technical assistance to the VILLAGE. This may include review of materials and construction 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, but not limited to, if applicable, the USACE, IDNR, USEPA, and SMC's Watershed Development permits. 4. Upon completion of the project, the VILLAGE will submit to the SMC a brief one to two page project report which will include before and after photos of the project. SCHEDULE The VILLAGE shall submit PROJECT status update to the SMC before July 30, 2009. The final request for reimbursement for eligible expenses shall be submitted by the VILLAGE before November 30, 2009. If necessary, an extension may be requested in writing by the C:\DOCUME— l\millelj\ LOCALS— I \Temp\notes6030C8\Final IGABuffalo Creek_030509.doe Page 1 F VILLAGE prior to this date. Requests for reimbursement submitted after this date without prior approval of the extension will not be honored. COMPENSATION The total project cost is approximately $85,000. 2. SMC funding shall not exceed $8,000. 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 The terms of this Agreement are valid until November 30, 2010. 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 $8,000. 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 laws 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 http: / /d"nrecocat. state. iL uslecopublic /] 6. This Agreement supersedes any and all other Agreements, oral or written, between the parties hereto with respect to the subject matter hereof. C:\DOCUME-1\millelj\ LOCALS -1\Temp\notes6030C8\Final_IGA Buffalo Creek_030509.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 STORMWATER MAN GEMENT COMMISSION: Michael . Warnerin P.E., CFM, Director Date: VILLAGE OF BUFFALO GROVE: 14 Elliott Hartstein, Village President Date: C:\DOCUME— l\millelj\LOCALS —I\ Temp \notes6030C8\Final_IGA13uffalo Creek_030509.doe Page 3 Buffalo Creek Streamba* Stabilization � LakeCounty Geographic Information System Lake County Stormwater N Management Commission 333 Peterson Rd Libertyville IL 60048 -1085 (847) 918 -5260 Map Printed on 2/23/2009 M 2007 Aerial Photography Major Water Parcels Major Roads Railroads I Disclaimer: This map is for general information purposes only. A Registered Land Surveyor should be consulted to determine the precise location of property boundaries on the ground. This map does not constitute a regulatory determination and is not a base for engineering design This map is intended to be viewed and printed in color.