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Item 4H CITY OF SOUTH LAKE 4H - 1 MEMORANDUM July 25, 2017 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services SUBJECT: Approve the Tournament Policy Action Requested: City Council approval of the Tournament Policy Background Information: The City recognizes the importance of athletic tournaments to Southlake's economy and as a source of revenue for the City and the City's approved athletic associations programs. The purpose of the proposed Tournament Policy is to ensure the most appropriate allocation of City-owned athletic facility assets for tournaments. The policy will guide the management and provision of the City's athletic facilities for all tournaments, excluding those held at The Marq Southlake and Southlake Tennis Center. The proposed Tournament Policy: • Charges the Community Services Department with the management and allocation of all athletic facilities for tournaments as per the policy • Identifies hours available for tournament play • Details communication requirements of the Community Services Department and Tournament Director • Establishes tournament fees • Clarifies field care & maintenance and field closures • Speaks to concession stand operations, vendors, vehicle permits, event sponsors, signage, banners and the lightning prediction system A copy of the proposed Tournament Policy is attached to the memo for your consideration. Financial Considerations: Approval of the Tournament Policy presents no financial impact to the City's budget. Fees collected for tournaments City of Southlake Values: Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork Shana Yelverton Meeting Date —August 1, 2017 4H - 2 Page 2 of 2 will help cover field maintenance and staff costs associated with tournament play. Any additional funds collected will go into a special revenue fund to be used for future enhancements within the parks system per approval by City Council. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Performance Management and Service Delivery and meets the corporate objectives to provide attractive & unique spaces for enjoyment of personal interests, provide high quality services through sustainable business practices and enhance resident quality of life & business vitality through tourism. Citizen Input/ Board Review: The Parks and Recreation Board recommended approval (6- 0) at their meeting on June 12, 2017 and the Sports Task Force provided positive feedback on the document as well. City Council consideration August 1, 2017 Legal Review: N/A Alternatives: Alternatives include: • Approve policy as presented • Approve policy with input as desired • Decision not to approve policy Attachments: Tournament Policy Staff Recommendation: City Council approval of the Tournament Policy City of Southlake Values.- Integrity alues:Integrity♦ Innovation ♦ Accountability♦ Commitment to Excellence ♦ Teamwork 4H - 3 City of Southlake Policies and Procedures Policy: Tournament Policy Source: City Council Category: Community Services Department I. Guiding Principles The City of Southlake recognizes the importance of athletic tournaments. These events have a favorable impact on the local economy, as well as provide a revenue source for the City and the City's approved athletic association programs. The City may from time to time make City owned athletic facilities available for organizations requesting to host a tournament in Southlake. All tournament requests must be submitted to the City. The utilization of City owned athletic facilities for tournaments may only be authorized by the City's Director of Community Services or his/her designee through a Tournament Facilities Utilization Agreement. Tournament approvals are based on field availability, and will not interfere with previously approved, City or athletic association program usage. The Southlake City Council has adopted this Tournament Policy to ensure the most appropriate allocation of City owned athletic facility assets for tournaments. The Policy will guide the management and provision of the City's athletic facilities for all tournaments (excluding those held at The Marq Southlake and the Southlake Tennis Center). II. Management The Department of Community Services is charged with overseeing all aspects of the City's Park and Recreation system, including the management and allocation of all athletic facilities as per the Policy for the Provision of Athletic Facilities and this Tournament Policy to ensure we are Serving Our Customers, Managing the Business and Providing Financial Stewardship of these City owned assets. The Department has developed the following objectives to guide its business operations related to the management of the park and recreation system. • Collaborate with select partners to implement service solutions • Enhance resident quality of life & business vitality through tourism • Provide high value services through efficient management of resources • Provide and maintain high quality parks and community facilities within budget 1 4H - 4 III. Athletic Field Usage As detailed within the City's Policy for the Provision of Athletic Facilities, the City's athletic fields may be utilized for tournament play as authorized by the City's Director of Community Services or his/her designee. Tournaments and games cannot begin prior to 8:00 a.m. and should generally conclude by 10:00 p.m. on Sundays through Thursdays and 11:00 p.m. on Fridays and Saturdays. (Note: usage of premises at North Park facilities shall conclude by 9:00 p.m. each day). Access to the complex and fields will be allowed one (1) hour prior to start of tournament play. IV. Communication Communication between the City and Tournament Provider is essential. The City shall: • Designate one (1) person as the point of contact for all day-to-day communications related to field usage, scheduling, logistics and maintenance leading up to the tournament. In addition, City will provide Tournament Provider with the cell phone number of City staff working on site during the tournament The Tournament Provider shall: • Designate one (1) person as the point of contact for all day-to-day communications related to field usage, scheduling, logistics and maintenance leading up to the tournament. In addition, Tournament Provider will provide City with the cell phone number of the Site Director for each complex used during the tournament • Submit tournament start and end dates with Tournament Facilities Utilization Agreement • Submit a complete tournament schedule including dates, times, field number and field dimension requirements no less than 48 hours prior to the first tournament game in the format designated by the City V. Tournament Fees The Tournament Provider shall submit the tournament fee payment as per the terms of the Tournament Facilities Utilization Agreement (EXHIBIT "A" ATTACHED). VI. Field Care & Maintenance In maintaining the complex and preparing fields for all tournament play, the City shall: • Ensure all parks and athletic facilities are safe, available and ready for play based on the approved schedules submitted by the Tournament Provider and approved by the City • Provide & maintain all area and athletic field/court lighting systems • Maintain the restrooms in a safe and sanitary condition throughout the tournament • Be responsible for the operation and maintenance of the irrigation system • Provide electrical power for the operation of the scoreboards • Provide scoreboard controllers as requested (see Agreement for applicable fee) • Maintain/repair the scoreboards and scoreboard controllers • Perform all turf maintenance 2 4H - 5 o Mowing o Fertilization o Weed control/Herbicide spraying • Prepare game fields prior to the start of each tournament day, including painting/chalking all field lines, as necessary per the approved schedule. If time and schedules allow, the City will drag and perform infield maintenance throughout the day as requested • Provide contract porter services throughout the tournament. The porter service schedule will be set as deemed appropriate by the Parks Manager or designee, and will be limited to cleaning restrooms and the removal of full trash bags from the trash receptacles as needed. • Ensure trash/recycle receptacles are emptied as needed • Perform all clay and turf maintenance to include adding clay, clay renovation, and cutting infield arcs and base paths • Provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary • Maintain all back-stops, fences, gates, dugouts and bleachers in a safe and secure condition • Provide and install field equipment (bases, pitching rubbers, goals, etc.) Tournament Provider shall: • Be responsible for daily policing of all litter at the facility to include playing areas, dugouts, fences, backstops, bleachers, concession stands and adjacent grounds • Place all litter in the trash/recycle receptacles provided by the City. Be prohibited from performing any maintenance to any City property • Be appropriately trained by City staff on the use of any field prep supplies and hand equipment if the Tournament Provider desires to prep fields more frequently than what is provided by the City VII. Field Closures Athletic fields may be closed due to inclement weather or safety concerns. Field closures due to inclement weather may be necessary if it is raining at game time, if the fields/courts are too wet, or in the interest of participant safety or to preserve facility playing surfaces. The procedures for field closure are as follows: • Inspect athletic fields two hours prior to start of tournament play • Make a decision based upon field condition or weather • List any closings on the City Field Closure Line (817) 748-8028 • Update the website www.teamsideline.com/southlake • The Parks Manager or designee will have the final authority for canceling games with regards to field conditions • If the conditions are marginal, the field information may include a notice that such conditions are subject to change with an updated notification • After games have begun and weather becomes a factor, the Tournament Provider shall consult with onsite City staff for deciding cancellation or postponement • The decision of the City shall be final If the tournament is canceled due to field closure prior to the commencement of play, the deposit will be refunded or may be applied to a future tournament. 3 4H - 6 VIII. Concessions All food/beverage related concession operations may only be provided either by the approved athletic association programs or by the City. The athletic association programs or the City will retain 100% of all concession sales. If neither the athletic association program nor City is able to provide concessions for the tournament, the Tournament Provider can choose to bring in a licensed food vendor. The food vendor must be pre-approved by the City, apply for a food vendor permit and pay all applicable fees. IX. Vendors All potential vendors must apply for and be granted a permit by the City along with a list of merchandise offered. No vendor will be allowed to sell any merchandise without a permit. Vendor merchandise may not be in competition with items sold by the concessionaire. Vendor trailers will be restricted to designated areas located within the parking lot. X. Vehicle Permits The Tournament Provider may request permission in writing to utilize a golf cart or workman type utility vehicle on City property. If approved, a permit will be issued by the City to the Tournament Provider on a per vehicle basis. Misuse of the vehicle, as determined by the City, may result in the cancellation of the permit and ability of the Tournament Provider to use these vehicles. All automobiles must be parked in the parking lot. At no time, may an automobile be parked inside the complex, as these areas are reserved for pedestrians only. Violators may be ticketed by Southlake Police. XI. Event Sponsors, Signs and Banners Event sponsors must be pre-approved by the City to ensure that the sponsor complies with City policies and procedures. Event signs and banners and locations for display must also be pre- approved by the City. XII. Lightning Prediction System The City has implemented the THOR GUARD Lightning Prediction System in its community parks. Lightning is a severe hazard that must be viewed seriously. The lighting prediction system guidelines detailed within the Tournament Facilities Utilization Agreement shall be utilized. Approval Date: Aug 1, 2017 Approved by: City Council Recommendation Date: June 12, 2017 Recommended by: Parks&Recreation Board Recommendation Date: June 2017 Recommended by: City Council/Parks&Recreation Board Athletics Task Force 4 4H - 7 EXHIBIT "A" CITY OF SOUTHLAKE TOURNAMENT FACILITIES UTILIZATION AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § THIS AGREEMENT is entered into by and between the CITY of Southlake, Texas, a home rule municipal corporation located in Tarrant County and Denton County, Texas, acting by and through its duly authorized Mayor (hereinafter referred to as "CITY"), and (hereinafter referred to as "TOURNAMENT PROVIDER"). WHEREAS, the CITY realizes the importance of weekend athletic tournaments. These events have a favorable impact on the local economy, as well as providing a revenue source for the youth sports associations and the CITY. The CITY's goal is to ensure that all scheduled tournaments are completed in satisfactory fashion; WHEREAS, the TOURNAMENT PROVIDER desires to utilize the CITY's athletic facilities for the purpose of offering such a tournament and the CITY is willing to allow such use; WHEREAS, the TOURNAMENT PROVIDER is an individual at least twenty one (21) years of age and is interested in organizing and promoting a quality tournament; NOW, THEREFORE, in consideration of the foregoing and in accordance with the terms and conditions set forth below, CITY and TOURNAMENT PROVIDER do hereby covenant and agree as follows: SECTION 1 PREMISES The CITY agrees to provide athletic facilities at herein called "Premises" in accordance with the terms of this agreement. The CITY shall maintain final approval over the Premises at all times. Under terms of this agreement, the CITY permits the TOURNAMENT PROVIDER the use of Premises for the tournament(s) dated , 2017 and , 2017. The TOURNAMENT PROVIDER shall not assign this lease, sublease or rent out any property of the CITY. Only the CITY may lease CITY property. 4H - 8 The TOURNAMENT PROVIDER shall not engage in any business on Premises or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. SECTION 2 TOURNAMENT HOURS Tournaments and games cannot begin prior to 8:00 a.m. and should generally conclude by 10:00 p.m. on Sundays through Thursdays and 11 :00 p.m. on Fridays and Saturdays. (Note: usage of premises at North Park facilities shall conclude by 9:00 p.m. each day. Access to the complex and fields will be allowed one (1) hour prior to start of tournament play. SECTION 3 TOURNAMENT FEES TOURNAMENT PROVIDER shall pay the appropriate tournament fees as set out below: DESCRIPTION FEE 0 Tournament— Baseball or Softball $4000 (includes use of up to • Involves two or more teams, which did not play regularly 4 fields) scheduled games with Southlake Baseball Association $500 for each additional (SBA) or Southlake Girls Softball Association (SGSA) field • Consists of a1—3 day tournament • Payment of tournament fee is due within ten (10) working days after conclusion of each tournament $500 Deposit • Deposit is due upon execution of agreement Tournament—Soccer $2000 (includes use of up to • Involves two or more teams that do not play regularly 3 fields) scheduled games with Grapevine Southlake Soccer $500 for each additional Association (GSSA) field • Consists of a 1-3 day tournament $ • Payment of tournament fee is due within ten (10) $500 Deposit working days after conclusion of each tournament • Deposit is due upon execution of agreement 0 Tournament— Lacrosse $2000 (includes use of up to • Involves two or more teams that do not play regularly 3 fields) scheduled games with Southlake Carroll Lacrosse $500 for each additional Association (SCLA) field • Consists of a 1-3 day tournament $500 Deposit 4H - 9 • Payment of tournament fee is due within ten (10) working days after conclusion of each tournament • Deposit is due upon execution of agreement ❑ Tournament— Flag Football/7 on 7 Football $2000 (includes use of up to • Involves two or more teams that do not play regularly 3 fields) with Dragon Youth Football (DYF) $500 for each additional • Consists of a 1-3 day tournament field • Payment of tournament fee is due within ten (10) $500 Deposit working days after conclusion of each tournament Deposit is due upon execution of agreement ADDITIONAL REQUIREMENTS: ❑ Field Setup (including bleachers, goals, striping, etc.) 350 ❑ Scoreboard Controllers $100 per complex ❑ Temporary Fencing $150 Deposits will be applied to final payment at the conclusion of the tournament. In the event the Premise is damaged during tournament play, the cost for repairs will be deducted from the deposit. The remaining balance, if any, will then be applied to final payment. SECTION 4 INSURANCE The TOURNAMENT DIRECTOR, at its own expense, shall obtain and keep in force during the term of this Agreement public liability insurance as will protect the TOURNAMENT PROVIDER and the CITY from all claims for damages to property and persons, and such insurance policy shall name the City of Southlake as an additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and liability for injuries suffered by spectators and competitors in the organized athletic activity. The insurance shall protect the CITY from and against all liability for claims arising out of or in connection with the TOURNAMENT PROVIDER's use and occupation of the Premises, and shall provide that such policy cannot be cancelled or terminated without thirty (30) days prior written notice to the CITY. All insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas, acceptable to the CITY. The type and minimum limit of liability insurance is as follows: 4H - 10 TYPE MINIMUM LIMIT Comprehensive General $1 ,000,000 - Combined Single Limit Public Liability Coverage for Bodily Injury and Property Damage. $1 ,000,000- On a Per Occurrence Basis, and Medical Payment Coverage. All insurance policies shall be subject to the examination and approval of the City Attorney for Southlake for their adequacy as to content, protection and named insurance company. The TOURNAMENT PROVIDER shall furnish to the CITY certificates of such insurance within (10) ten days of the execution of this Agreement or prior to the commencement of any activities by the TOURNAMENT PROVIDER at the City of Southlake Park Facilities, whichever event occurs first. The TOURNAMENT PROVIDER understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with the requirements under the Article shall be cause for termination of this Agreement. Insurance required by this Agreement for the CITY as additional named insured shall be primary insurance and not contributing with any other insurance available to the CITY under any third party liability policy. The TOURNAMENT PROVIDER further agrees that with respect to the above required insurance, the CITY shall: 1 . Be named as an additional insured or an insured, as its interest may appear. 2. Be provided with a waiver of subrogation, in its favor. SECTION 5 INDEMNIFICATION THE TOURNAMENT PROVIDER AGREES AND UNDERSTANDS THAT IT IS SPONSORING AN ATHLETIC ACTIVITY THAT HAS CERTAIN INHERENT DANGERS, AND THAT PERSONS PARTICIPATING IN ACTIVITIES DISCUSSED HEREIN MAY BE INJURED ON THE PREMISES. THE TOURNAMENT PROVIDER UNDERSTANDS THAT THE CITY WILL ATTEMPT TO PROVIDE SAFE PREMISES, BUT THAT CONDITIONS MAY CHANGE OR DEVELOP WHICH CREATE UNANTICIPATED DANGERS. THE TOURNAMENT PROVIDER AGREES AND REPRESENTS THAT IT SHALL INSPECT THE PREMISES AT THE BEGINNING OF EACH TOURNAMENT, INCLUDING BUT NOT LIMITED TO THE PLAYING FIELDS, AND THAT THE TOURNAMENT PROVIDER HAS DETERMINED THAT SUCH PREMISES ARE REASONABLY SAFE FOR THE ACTIVITIES CONTEMPLATED HEREUNDER. THE TOURNAMENT PROVIDER FURTHER AGREES THAT AT ANY TIME ITS REPRESENTATIVES OBSERVE AN UNSAFE CONDITION ON THE PREMISES USED BY THE TOURNAMENT PROVIDER, INCLUDING BUT NOT 4H - 11 LIMITED TO THE PLAYING FIELDS, THE TOURNAMENT PROVIDER SHALL IMMEDIATELY REPORT SUCH DANGEROUS CONDITION TO THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE. IF THE DANGEROUS CONDITION POSES AN IMMINENT DANGER THE TOURNAMENT PROVIDER SHALL IMMEDIATELY DISCONTINUE THE ACTIVITY AND USE OF THAT PORTION OF THE FACILITY. THE TOURNAMENT PROVIDER OFFICIALS, PLAYERS, MEMBERS, AND OFFICERS SHALL INDEMNIFY AND HOLD HARMLESS THE CITY OF SOUTHLAKE, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE ACTIVITIES OF THE TOURNAMENT PROVIDER CONTEMPLATED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF ANY NEGLIGENT ACT OR OMISSION COMMITTED BY TOURNAMENT PROVIDER OFFICIALS, PLAYERS, MEMBERS, OR OFFICERS. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF THE CITY OF SOUTHLAKE OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR WAIVE ANY INSURANCE COVERAGE OR THE CITY'S STATUS AS AN ADDITIONAL NAMED INSURED AS PROVIDED IN SECTION 4 OF THIS AGREEMENT. TO THE EXTENT THERE MAY BE A WAIVER OF IMMUNITY UNDER STATE LAW TO ENFORCE THIS AGREEMENT, THE REMEDIES AVAILABLE TO ENFORCE THIS AGREEMENT ARE LIMITED TO MANDAMUS, SPECIFIC PERFORMANCE OR INJUNCTIVE RELIEF. ALL OTHER REMEDIES, INCLUDING SUITS FOR DAMAGES AND RECOVERY OF ATTORNEY'S FEES ARE SPECIFICALLY WAIVED BY BOTH PARTIES. SECTION 6 SITE DIRECTOR The TOURNAMENT PROVIDER shall provide a Site Director at each complex. The Site Director must be at least 21 years of age. The Site Director shall serve as the liaison with CITY staff on emergency needs, identification of general maintenance needs affecting future games, completion of accident/incident reports, decision making regarding hazardous conditions including weather conditions, as well as provide conflict resolution between players, coaches, umpires and parents. SECTION 7 DOCUMENTS AND OFFICERS The TOURNAMENT PROVIDER shall submit to the CITY a current copy of names, telephone numbers, and email addresses of all representatives. The TOURNAMENT PROVIDER shall also submit the following information: 4H - 12 1. A copy of a general liability insurance policy, naming the CITY as additional insured, in an amount of at least one million dollars ($1,000,000) with such policy designed to cover the cost of defense and of liability for injuries suffered by competitors in the organized athletic activity. (due 10 days prior) 2. Names and contact numbers of designated Site Directors during the tournament. 3. Tournament schedule and field usage (due 48 hours prior) CITY shall submit to the TOURNAMENT PROVIDER the names and telephone numbers of appropriate staff for contact in the case of emergency, service requests or questions upon signing or renewing this Agreement. SECTION 8 TERMINATION OF AGREEMENT If either party, the CITY or the TOURNAMENT PROVIDER, violates any term of this Agreement, either party may find the other in default and terminate the Agreement. Termination will be made with a thirty (30) day written notice and the right to cure within ten (10) days. Any termination made on the part of the TOURNAMENT PROVIDER will result in forfeit of the deposit and possible loss of future dates at the CITY's sole discretion. SECTION 9 CITY OF SOUTHLAKE VALUES The City of Southlake has adopted values that are the fundamental principles that guide how members of the CITY conduct themselves in pursuit of the mission and vision. All business conducted with the CITY shall adhere to the CITY's organizational values as described below: • Integrity: Being worthy of the public's trust in all things. We deal honestly and respectfully with each other and the public at all times. • Innovation: Valuing progressive thinking, creativity, flexibility and adaptability in service delivery. • Accountability: Taking personal responsibility for our actions or inaction while putting the interests of the taxpayer first. • Commitment to Excellence: Behaving responsively in our delivery of service to the public. Our work is characterized by its quality and by the diligence with which it is carried out. We proactively seek to solve problems in advance. • Teamwork: Recognizing the importance of working together to meet our citizen's needs, communicating clearly, sharing resources and information freely. 4H - 13 The values set forth in this Section 10 are goals to which CITY officials, staff and employees are expected to adhere to in activities concerning this Agreement. While perceived failure to adhere to, comply with, or take action consistent with these values should be reported to an appropriate CITY official, staff member, or employee, such action or failure to act shall not be considered a breach of this Agreement. SECTION 10 SUCCESSORS AND ASSIGNS CITY and TOURNAMENT PROVIDER each binds itself and its successors, executors, administrator and assigns to the other party of this Agreement and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. Neither CITY nor TOURNAMENT PROVIDER shall assign or transfer its interest herein without the prior written consent of the other. SECTION 11 APPLICABLE LAW This Agreement is entered into subject to the Charter and ordinances of CITY as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal laws. TOURNAMENT PROVIDER will make any and all reports required per Federal, State or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with TOURNAMENT PROVIDER'S income. Situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes including performance and execution. SECTION 12 SEVERABILITY If any of the terms, provisions, covenants, conditions or any other part of this Agreement are held for any reason to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. SECTION 13 REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder. 4H - 14 SECTION 14 ENTIRE AGREEMENT This Agreement and the Exhibits embody the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. SECTION 15 NON-WAIVER It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. No covenant or condition of this Agreement may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. SECTION 16 HEADINGS The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. SECTION 17 VENUE The parties to this Agreement agree and covenant that this Agreement will be enforceable in the City of Southlake, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. SECTION 18 NO THIRD PARTY BENEFICIARY For purposes of this Agreement, including its intended operation and effect, the parties (CITY and TOURNMANET PROVIDER) specifically agree that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with CITY or TOURNAMENT PROVIDER or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either CITY or TOURNAMENT PROVIDER. 4H - 15 SECTION 19 GOVERNMENTAL IMMUNITY TOURNAMENT PROVIDER understands and agrees that CITY is a Texas home-rule municipality and that by entering into this Agreement, the CITY is performing a governmental function. No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the governmental or soverign immunities, rights, benefits, or protections of CITY. This agreement is made and entered into on the day of , 20 CITY OF SOUTHLAKE TOURNAMENT PROVIDER Director of Community Services or Designee Tournament Representative