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• AGREEMENT BETWEEN NEBRASKA PUBLIC POWER DISTRICT <br />AND THE NEBRASKA COMMUNITY FOUNDATION RELATED <br />TO COTTONWOOD RANCH PROPERTY HABITAT DEVELOPMENT <br />REIMBURSEMENT 1999 TO 2006 <br />This AGREEMENT, is made and entered into this day of <br />, 2007, by and between Nebraska F'ublic Power District, a <br />public corporation and political subdivision of the State of Nebraska, its <br />successors and assigns, with principal offices at Columbus, Nebraska, <br />hereinafter called "NPPD" and the Nebraska Community Foundation, hereinafter <br />called "the Foundation". <br />WITNESSETH THAT: <br />WHEREAS, the Governors of the states of Nebraska, Wyoming, and <br />Colorado, and the United States Department of Interior, have signed an <br />agreement to implement the Platte River Recovery Implementation Program, <br />hereinafter called "Program"; and <br />WHEREAS, the Governance Committee, hereafter called "the GC", are <br />representatives of water users, environmental groups, State and Federal <br />agencies who are responsible for overseeing implementation of the Program; <br />. and <br />WHEREAS, NPPD has a Federal Energy Regulatory Commission license <br />requirement to provide for wildlife habitat under the Program approximately 2,650 <br />contiguous acres of land and such land, known as Cottonwood Ranch, is located <br />on both sides of the Platte River between Elm Creek and Overton, Nebraska; <br />and WHEREAS, the Agreement In Principle dated June 30, 1997 and the <br />Settlement Agreement dated May 15, 1998 provide for reimbursement of <br />expenditures by NPPD for habitat development at Cottonwood Ranch; and <br />WHEREAS, the Foundation will act as the entity to handle the <br />reimbursement of expenditures for the Program provided for herein; and <br />WHEREAS, the Program GC agreed at its April 10-11, 2007 meeting that <br />NPPD would be reimbursed for the costs incurred, upon NPPD providing <br />documentation of the expenditures for these activities; and <br />NOW, THEREFORE, in order to provide reimbursement to NPPD for the <br />habitat work at Cottonwood Ranch that was completed by NPPD from 1999 to <br />2006, IT IS AGREED AS FOLLOWS: