Res 2013-161/Donation of a surplus fire truck to Pink Heals Hays County

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SURPLUS EQUIPMENT DONATION AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND PINK HEALS HAYS COUNTY, INC. THIS AGREEMENT ( "Agreement ") is made effective as of the date executed by both parties ( "Effective Date "), and is between the City of San Marcos, Texas, a home -rule municipal corporation with offices at 630 E. Hopkins Street, San Marcos, Tx 78666 ( "City "), and the Pink Heals Hays County, a Texas non - profit corporation, P.O. Box 1135, San Marcos, Tx 78666 ( "Transferee "), under the following circumstances: Section 1. Equipment donated. 1.1 City agrees to donate the following surplus equipment to Pink Heals Hays County: (a) 1993 Sutphen fire engine, Vehicle Identification Number: 1 S9A1 BBDXP2003050 more specifically described in Exhibit A attached hereto and incorporated herein by reference. 1.2. Transferee represents that it is a 501(c)(3) organization. Section 2. Removal of Equipment; Consideration; Transfer of Title. 2.1 Removal of Equipment. At a mutually acceptable time and date, but not later than 15 days after the Effective Date, Transferee will, at Transferee's sole cost, expense and risk, remove the surplus fire truck identified in Section 1.1 herein ( "Equipment ") from City's offices at 100 Carlson Circle, San Marcos, Tx. 78666 (the "Site "). 2.2 Consideration. The consideration for the donation contemplated by this Agreement shall be that the Transferee agrees to use the donated Equipment for a minimum of three years to further the public purposes stated in Resolution No. 2013 -1 ��proved by the San Marcos City Council on October 15 , 2013. No monetary consideration shall be due to Transferor under the terms of this Agreement. 2.3 Transfer of Title. Effective upon Transferee's removal of the Equipment from the Site, City hereby transfers, assigns and conveys to Transferee all of Transferor's right, title, and interest in and to the Equipment. 1