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178r RESOLUTION NO. 17R A RESOLUTION OF INTENT TO ALLOW AND AUTHORIZE THE EDGEWATER SHUFFLEBOARD CLUB, AN UNINCORPORATED ASSOCIATION NOT FOR PROFIT, TO BUILD:, , CONSTRUCT AND ERECT A BUILDING UPON THE PUBLIC PARK AND PIER OWNED BY THE CITY OF EDGEWATER AND DEDICATED TO THE USE OF THE PUBLIC BY SECTION 1 OF ORDINANCE NO. 2 ADOPTED AUGUST 1, 1960, THE SAID BUILDING TO BE OPEN TO THE GENERAL PUBLIC FOR ITS ENJOYMENT AND {"D�0,. FOR RECREATIONAL PURPOSES AND TO BE USED BY THE EDGEWATER SHUFFLEBOARD CLUB AS A CLUB HOUSE. WHEREAS, the Edgewater Shuffleboard Club has asked the City Council of the City of Edgewater, Florida for permission to build and erect a building upon the public park lying easterly of the Edgewater City Hall so that the same may be used as a club house by the Edgewater Shuffleboard Club, and WHEREAS, the City Council has caused a public hearing to be held regarding the proposal of the Edgewater Shuffleboard Club, and WHEREAS, the City Council has made a determination that a sizeable portion of the public enjoy or participate in the sport of shuffle- board and that to allow a building to be erected upon the city park area to be used as a club house for persons participating in the shuffleboard activities will serve a public purpose, and WHEREAS, the City Council is mindful of the fact that the public park or any part of it must be available for the enjoyment of all of the public and that it cannot be used exclusively by any particular segment of the public and that the proposed building cannot be used in any way so as to exclude the general public from its use. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Section 1. That the Edgewater Shuffleboard Club be and it is hereby authorized to construct a building upon the city park immediately east of the city hall of Edgewater, Florida upon and subject to the following conditions: a. The proposed building shall be and become at all times the property of the City of Edgewater, Florida. b. It is contemplated that the proposed building shall measure approximately 20 feet 4 inches by 44 feet, however, prior to the commencement of construction, the Edgewater Shuffleboard Club shall furnish a set of plans and specifications to the City Council for their approval that have been approved by the city building inspector. C. The said building shall contain two bathrooms which shall be accessible from the outside of the building. d. The construction of the entire building shall be done either by the Edgewater Shuffleboard Club or at its sole cost; each phase of the construction shall be approved by the City Building Inspector. The city shall be responsible for equipping the two bathrooms and shall be responsible for running any water and/or sewer lines to the building. e. Each and every member of the Edgewater Shuffleboard Club shall agree to hold the city harmless for any injuries sustained while constructing the building. f. The Edgewater Shuffleboard Club shall be responsible for maintaining and repairing the clubhouse section of the building for a period of ten years, and the city shall be responsible for maintaining and repairing the bathrooms. g. Members of the Edgewater Shuffleboard Club shall be allowed to maintain lockers in the clubhouse section of the building for their equipment which they shall have the right to lock. h. The building shall be for the use and enjoyment of the general public of Edgewater and shall not be used by any one person or group to the exclusion of the general public, provided however, that a for a period of ten years, beginning with the construction of the building, the Edgewater Shuffleboard Club shall have the first option or choice of date or dates for the use of the building for its tournaments, meetings, or organized social functions, should any conflicts arise between or among any organized clubs or groups within the city respecting the use of the building on certain dates. It is understood that at no time shall the general public be excluded from the use of the bathrooms. The Edgewater Shuffleboard Club shall not be required to pay any dues or fees or rent for the use of the said building for a period of ten years beginning with the completion of the building; however, should any revenues be received as rent from any other clubs or organizations using the building, then the same shall be paid to the City of Edgewater. 1. The use of the building and everything dealing with its maintenance, repair, upkeep, etc. shall at all times be subject to such rules and regulations as the City Council may from time to time promulgate, provided however, that the City Council does hereby delegate its regulatory authority to the governing board of the community center, and the said governing board of the community center is empowered to promulgate such rules and regulations respecting the use of the building that it deems just, fair and equitable and in keeping with the intent of this resolution; provided however, that the City Council shall have the authority to supersede , alter, change or revoke any of the said rules or regulations. Section 2. This resolution shall take effect immediately when it has been adopted by the City Council and when its terms and conditions have been approved, ratified, and agreed to by the duly elected officers of the Edgewater Shuffleboard Club and by a majority of its membership, in writing, and filed with the City Clerk of the City of Edgewater, Florida. Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are hereby rescinded. The foregoing resolution was presented by Councilman w.i is moved its adoption, said motion being seconded by Councilman Bebbinaton , and upon roll call vote said resolution wr�5�,duly declared adopted at a regular meeting of the said City Council held on the 17th day of April 1967, the vote of said council upon said rol ci r 11 CoiinciDnan Attest- ,(J� l�Ve mot. ✓\. lA� City Clerk Approved this 17th day of April 1967. ce Mayor