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<br /> 101 <br /> DONATION AGREEMENT <br />STATE OF TEXAS <br />COUNTY OF HAYS <br />1. Parties: William H. Crook, an individual, is the Donor, and the City of San <br />Marcos, Texas, a Texas municipal corporation, is the Donee. <br />2. Donation: Donor agrees to donate, and Donee accepts the donation of, <br />$100,000 in cash (the "Donation"). The Donation includes interest income earned on the <br />Donation after its receipt by the Donee. <br />3. Use of Donation: Donor and Donee expressly acknowledge that $30,000 <br />of the Donation will be used for the purpose of restoring the greenhouse given by the State <br /> . <br />of Texas to the City of San Marcos. The remaining $70,000 will be applied to trails along <br />the river banks, benches and lighting; a parking area is to be added at a future date. <br />Donor and Donee also acknowledge that the Donee will endeavor to leverage the Donation <br />for grant purposes with the Texas Department of Transportation and/or Texas Parks and <br />WIldlife Department to accomplish these requirements and leveraged funds received from <br />~. <br />these or any other sources will be spent making improvements to and beautifying that area <br />of City park property along the San Marcos River as depicted on the San Marcos Park and <br />Wildlife Habitat Master Plan attached to this agreement, to include the area across <br />Cheatham Street adjacent to the Rio Vista Dam. <br />4. Accounting: Donee agrees to establish a separate trust and agency fund for <br />the Donation within its budget and accounting systems. Donee agrees to provide Donor <br />with a written accounting for the Donation, including interest earned upon the Donation, <br />and all expenditures of sums from the Donation. <br />