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Home My WebLink About5B - Premiere Dance LOC16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: February 6, 2006 5B Kelly Meyer, Asst. to the City Manager AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION TERMINATING THE CONTRACT WITH PREMIERE DANCE ACADEMY FOR THE OPERATION OF THE PRIOR LAKE DANCE PROGRAM AND RELEASING THE LETTER OF CREDIT. DISCUSSION: Introduction: The purpose of this agenda item is to terminate the contract and to release a letter of credit for Premiere Dance Academy. History: In 2003, the City Council determined that privatizing the operation of the dance program was appropriate in order accommodate the demands of a pro- gram that was growing very large and was demanding both additional financial and staff resources, and to assure the continued success and viability of the program. In April 2003, the City solicited proposals for the operation of the pro- gram. Dawn Schulberg d/b/a Premiere Dance Academy was awarded the opera- tion and entered into a contract and lease agreement with the City in June 2003. Both the Contract and Lease Agreement are currently in place. The purpose of the Contract for the Operation of the Dance Program is to assure that the dance program would continue to grow and provide a viable, successful and accessible recreational program in the City. As part of the Contract, the City required that Ms. Schulberg also provide a $20,000 letter of credit that the City could call upon in the event the business failed, or did not perform to the City's standards. Ms. Schulberg also was required to enter into a lease agreement for the use of the dance studio space within the Library Resource Center. The lease required a security deposit, and permitted the City to draw on the Letter of Credit issued under the contract in the event the security deposit was insufficient to cover the costs for any damages to the property during the lease term. To date, Premiere Dance has performed all of its obligations in a timely manner under both the contract and lease agreement. The lease term and contract term expire on June 30, 2006. Current Circumstances: At this time, the program has not only been successfully run, it has grown. So much so, in fact, that Ms. Schulberg has outgrown the dance studio space and is now in the final planning stages for construction of a new building in the Downtown Prior Lake area. In order to leverage all of her fi- nancial capacity for the move of her business and for the construction of the new building, Ms. Schulberg has requested that the City release the $20,000 letter of credit required under the Contract. Conclusion: Given that the purpose of the contract was to ensure that the pro- gram continue to operate successfully, and that that objective has been reached as evidenced by the growth of the program and its need for a larger facility, the Council may want to consider terminating the Contract for Operation of the Dance Program in advance of the June 30, 2006, expiration date and release the www. cityofpriorlake, com Phone 952.447.4230 / Fax 952.447.4245 ISSUES: FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: by: Letter of Credit. The Council should determine if it believes this is the appropriate course of action. The Letter of Credit acts as (1) a method of recourse under the Contract in the event of non-performance, and (2) a failsafe under the Lease in the event there is significant damage (outside normal wear and tear) that is not covered by the security deposit, or in the event of unpaid rents. Premiere Dance has demonstrated that the program has been very successful. It appears that there is no longer a need for the City to hold the letter of credit on the basis of non-performance under the Contract. The security deposit for the studio space is $6,378.00. At this time, the City is not aware of damage beyond normal wear and tear that would require repair in excess of the security deposit. The most costly systems in the facility, such as the roof, exterior walls, foundation, and mechanicals, are the responsibility of the City under the terms of the Lease, unless those parts are damaged by the negli- gence of the Lessee. To date, there have been no issues with how the Lessee has used or maintained the studio space. The Lessee has also been current with all of the rents and operating expenses due during the term of the Lease. There is some risk to the City in releasing the Letter of Credit under this scenario. If there were damages to the facility in excess of $6,378.00, the City would have to go back to the Lessee to recover any additional costs for repairs. However, based upon the Lessee's past performance under the Lease, the risk appears to be minimal. The City's 2030 Vision and Strategic Plan directs that the City continue to en- courage redevelopment and construction of new buildings in its Downtown area, as well as be an advocate for retaining and expanding existing businesses. This action would be directly responsive to both those directives. The Council should determine if early termination of the Contract and releasing the Letter of Credit is appropriate given the risk. There is no financial impact to the City unless the cost for repairs to the facility once the tenant vacates exceeds the security deposit of $6,378.00. 1. Motion and Second approving Resolution 06-XX terminating the Contract for Operation of the Dance Program and Releasing the Letter of Credit there- fore. 2. Take no action, which would keep the Letter of Credit in place until June 30, 2006. Alternative 1. Motion and Second to Approve Resolution 06-XX terminating the Contract for Operation of the Dance Program and Releasing the Letter of Credit the ~re. Frank Boyle., ;r t:\COUNCtL¥-'XGNRPTS",,.2006':~020606 Pr'emiere Dance Terminatio,q of Agt & Release o'f LOC.DOC 16200 Eagle Creek Avenue $.E. Prior Lake, MN 55372-1714 RESOLUTION 06-XX A RESOLUTION TERMINATING THE CONTRACT FOR OPERATION OF THE DANCE PROGRAM AND RELEASING THE LETTER OF CREDIT THEREFORE. Motion By: Second By: WHEREAS the 2020 and 2030 Vision and Strategic Plan supports the City's efforts for toward more cost- effective service delivery; and WHEREAS the 2020 and 2030 Strategic Plan also calls for the continued redevelopment and revitalization of Prior Lake's Downtown community; and WHEREAS the City entered into a contract with Dawn Schulberg d/b/a Premiere Dance Academy in June 2003 to provide for the privatization of the City's dance program; and WHEREAS, Premiere Dance Academy has successfully operated and expanded the program over the course of the past three years; and WHEREAS, Premiere Dance Academy has now outgrown the Library Resource Center facility and is planning for the construction of a new building in Downtown Prior Lake; and WHEREAS, Dawn Schulberg has requested that the City terminate the Contract for the Operation of the Dance Program and release the Letter of Credit associated therewith; and WHEREAS Premiere Dance Academy has fulfilled its obligations under the terms and conditions of the Contract for the Operation of the Dance Program in good standing; and WHEREAS the Council believes termination of the contract and release of the Letter of Credit in advance of the June 30, 2006 expiration date is appropriate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth above are incorporated herein. 2. The Contract for the Operation for the Dance Program between the City of Prior Lake and Premiere Dance Academy is hereby terminated. 3. The $20,000 Letter of Credit required under the Contract for the Operation of the Dance Program is hereby released. PASSED AND ADOPTED THIS 6TM DAY OF FEBRUARY, 2006. YES NO Haugen Haugen Dornbush Dornbush Erickson Erickson LeMair LeMair Millar Millar City Manager, City of Prior Lake R:'.,RESOi...UTI",,ADMiNRES',.2006\Release of Premiere Dance LOC DOC www. cityofpriorlake, com Phone 952.447.4230 / Fax 952.447.4245 [ bank. Five Star Service Guaranteed ~ U.S. Bank National Association 800 Nicollet Mall, BC-MN-H20G Minneapolis, Minnesota 55402 612 303-7394/7395 International Banking Division TELEX: 192179 USB INTL MPS S.VV.I.F.T.: USBKUS44 Fax: 612 303-5226 September 15, 2003 City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372-1715 Letter of Credit No. SLCMMSP02784 We hereby issue, for the account of Dawnelle G. Schulberg, 16210 Eagle CR Avenue, Suite 101, Prior Lake, Minnesota 55372 and in your favor, our Irrevocable Letter of Credit in the amount of $20,000.00 (twenty thousand and no/100 United States Dollars), available to you by your draft drawn at sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit Number SLCMMSP02784, dated September 15, 2003 of U.S. Bank National Association." b) Be signed by the Mayor or City Manager of the City of Prior Lake. c) Be presented for payment at U.S. Bank National Association, 800 Nicollet Mall, BC-MN-H20G, Minneapolis, Minnesota 55402, on or before 4:00 p.m. on September 15, 2004 or any future expiration date. This Letter of Credit shall automatically renew for successive one-year terms unless, least forty-five (45) days prior to the next annual renewal date the Bank delivers written notice to the Prior Lake City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail at least forty-five (45) days prior to the next annual renewal date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1715 and is actually received by the City Manager at least forty-five (45) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that drafts drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. Bank UZ/~~S) Na~;~I~s°ciati°n /,// (,~ L/ A~r~ Signature 2784JMS.DOC [ bank Five Star Servic~ Guaranteed (~ U.S. Bank National Association 800 Nicollet Mall, BC-MN-H20G Minneapolis, Minnesota 55402 612 303-7394/7395 SEPTEMBER 15, 2003 International Banking Division TELEX: 192179 USB INTL MPS S.W.I.F.T.: USBKUS44 Fax: 612 303-5226 LETTER OF CREDIT NUMBER: DOLLAR AMOUNT: EXPIRATION DATE: APPLICANT: BENEFICIARY: SLCMMSP02784 USD 20,000.00 SEPTEMBER 15, 2004 DAWNELLE G. SCHULBERG 16210 EAGLE CR AVENUE, SUITE 101 PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE PRIOR LAKE, MINNESOTA 55372-1715 U.S. BANK NATIONAL ASSOCIATION AOT OI~ED S"~NA~URE '""' \\NWMNCTRHA01_DATA04_SERVER\DATA04\DEPT~IBD\STANDBY\LETTER~2784JMS.DOC U.S. Bank National Association Standby Letters of Credit: BC-MN-H20G 800 Nicollet Mall Minneapolis, Minnesota 55402 AUGUST 23, 2005 SWIFT: USBKUS44 TELEX: 192179 USB INTL MPS PHONE: 612-303-7396 612-303-7395 FAX : 612-303-5226 LETTER OF CREDIT NUMBER: AMENDMENT NUMBER: APPLICANT: BENEFICIARY: SLCMMSP02784 DAWNELLE G. SCHULBERG 16210 EAGLE CR AVENUE, SUITE 101 PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE PRIOR LAKE, MINNESOTA 55372-1715 U.S. BANK NATIONAL ASSOCIATION AUTHORIZED SIGNATURE I :\STAN DBY~LETTER~2784CCY.DOC THIS AMENDMENT SUPERCEDES THE NOTICE OF NON-RENEWAL DATED JULY 29, 2005 U.S. Bank National Association Standby Letters of Credit: BC-MN-H20G 800 Nicollet Mall Minneapolis, Minnesota 55402 AUGUST 23, 2005 SWIFT: USBKUS44 TELEX: 192179 USB INTL MPS Phone: 612-303-7396 612-303-7395 Fax :612-303-5226 LETTER OF CREDIT NUMBER: AMENDMENT NUMBER: APPLICANT: SLCMMSP02784 1 DAWNELLE G. SCHULBERG 16210 EAGLE CR AVENUE, SUITE 101 PRIOR LAKE, MINNESOTA 55372 BENEFICIARY: CitY Of PRIOR LAKE 16200 EAGLE CREEK AVENUE PRIOR LAKE, MINNESOTA 55372-1715 THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: EXPIRATION DATE EXTENDED TO JUNE 30, 2006. AUTOMATIC RENEWAL CLAUSE REMAINS IN EFFECT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS PUBLISHED BY THE INTERNATIONAL CHAMBER OF COMMERCE, OR ANY SUBSEQUENT REVISION THERETO. THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. U.S. BANK NATIONAL ASSOCIATION I:\STANDBY~AMENDMENT~2784.DOC U.S. Bank National Association Standby Letters of Credit 800 Nicollet Mall BC-MN-H20G Minneapolis, Minnesota 55402 07/29/05 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE PRIOR LAKE, MINNESOTA 55372-1712 SWIFT: USBKUS44 TELEX: 192179 USB INTL MPS Phone: 612-303-7396 612-303-7395 Fax : 612-303-5226 RE: Standby Letter of Credit No. SLCMMSP02784 Applicant: DAWNELLE G. SCHULBERG 16210 EAGLE CR AVENUE, SUITE 101 PRIOR LAKE, MINNESOTA 55372 dated SEPTEMBER 15, 2003 This notice serves to inform you that we will not be renewing the above-mentioned letter of credit for any additional period. Therefore, it will expire on SEPTEMBER 15, 2005 according to its terms. Should you have any questions regarding this matter, please feel free to contact us at the phone numbers listed above. Regards, U.S. BANK NATIONAL ASSOCIATION Authorized Signature CONTRACT BETWEEN THE CITY OF PRIOR LAKE AND PREMIERE DANCE ACADEMY FOR THE OPERATION OF THE PRIOR LAKE DANCE PROGRAM THIS CONTRACT made this 30th day of June ,2003, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter the "City"), whose business address is 16200 Eagle Creek Ave. SE, Prior Lake, MN 55372 and PREMIERE DANCE ACADEMY, LLC, a Minnesota limited liability company, whose business address is 16210 Eagle Creek Avenue SE, Pdor Lake, MN 55372 (hereinafter the "Contractor"). Whereas, the Prior Lake City Council has determined that it desires to contract with Premiere Dance Academy for the operation of the Prior Lake Dance Program; and Whereas, Premiere Dance Academy LLC is owned and will be operated by Dawn Schulberg; and Whereas, the City Councils and citizens of Prior Lake have always valued a strong, community-based recreation program; and Whereas, the City Council believes that Dawn Schulberg has the background, experience, and enthusiasm that is necessary to operate the Prior Lake Dance Program and serve the needs of the Prior Lake community; and Whereas, since its inception in 1982, the Prior Lake Dance Program has experienced continued growth and success; and Whereas, the City has an interest in assuring that the Prior Lake Dance Program operates in a manner that assures its continued growth and success; and Whereas, the City desires, as a condition of privatizing the Prior Lake Dance Program, to assure itself that Premiere Dance Academy meets the City's minimum standards for operating the Prior Lake Dance Program, and is capable of operating the Program as a viable, successful and accessible recreational program in the City. NOW THEREFORE, based on the mutual promises, covenants and consideration provided for herein, the sufficiency of which is not disputed, the parties agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein as if fully set forth. Purpose: The City Council has determined that the City should privatized the operation of the Prior Lake Dance Program in accordance with the Request for Bids dated April 12, 2003. After completing the notification and bidding process, the City Council has awarded bid to DAWN SCHULBERG d/b/a PREMIERE DANCE ACADEMY by Resolution 03-76 subject to entering into this Contract. (See Exhibit l) Contract and Contract Documents. The following documents attached hereto as Exhibit 2 shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set out verbatim and in full herein which are all on file in the office of the City Manager: Request for Bids for Operation of Prior Lake Dance Program dated April 12, 2003 and Addendum thereto dated April 24, 2003 Page 1 of 8 The following sections of Premiere Dance Academy's Request for Bid Response for Operation of the Prior Lake Dance Program dated April 28, 2003 o Section 2.0 o Section 3.0 o Section 5.0 o Section 6.0 o Section 13.0 o Attachment C Experience Operating a Dance Program Business Financial Capabilities No City Support Business Plan Number and Variety of Dance Classes Dance Instructor Resumes · Lease Agreement between the City and Premiere Dance Academy for 4634 square feet of space in the Library Resource Center located at 16210 Eagle Creek Ave. SE, Prior Lake, MN, dated June 30, 2003. · Irrevocable Letter of Credit on form provided by City · Insurance Certificate(s) · Clarification of Bid Response from Dawn Schulberg to Frank Boyles dated May 9, 2003 and sent via e-mail; and · This document Contract Term. The term of this Contract shall be from July 1, 2003 to June 30, 2006, the date of signature of the parties notwithstanding. This Contract is may be renewed for one (1) three year period thereafter at the agreement of both parties. Breach of Contract Terms. Failure by Contractor to perform pursuant to the Contract Documents shall constitute a breach of this Contract. In the event of a breach, the City shall provide Contractor with ten (10) days written notice of said breach, at the address specified herein. The notice shall specify the nature of the breach and the time Contractor has to cure or remedy the breach. If Contractor fails to cure the breach to the satisfaction of the City within the time provided in the notice, the City may pursue without limitation, any or all of the following remedies or other such remedies available in law or equity: (a) Draw on Contractor's Irrevocable Letter of Credit to cure or remedy the breach; (b) Terminate this Contract; (c) Reimburse the City for all costs, including but not limited to staff time and attorneys fees, associated with any breach of the Contract Documents or costs associated with curing or remedying the breach. Notice. The notice to the parties provided for in Paragraph 5 shall be sent to the following address: If to City: City of Prior Lake 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 Attn: Frank Boyles If to Contractor: Dawn Schulberg Premiere Dance Academy 16210 Eagle Creek Ave. SE Prior Lake, MN 55372 Rights and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. Page 2 of 8 10. 11. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. The City specifically reserves the right to operate a dance program in the event this contract is terminated, not renewed or for any other reason decided by the City Council. Insurance and Indemnification. The Contractor shall purchase and maintain insurance to protect itself from claims under the Worker's Compensation Act. The Contractor shall purchase and maintain insurance to protect itself from claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of its employees or any person other than its employees; and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom and from claims arising out of the performance of this Contract by the Contractor. The base limits of this policy shall be $1,000,000 combines single limit. Before the City executes this Contract, the Contractor shall provide the City with evidence of insurance in a form of a Certificate attached as part of Exhibit 2 from the insurer naming all policies. The City shall be an additional named insured on the Contractor's insurance policy. The insurance policies shall contain a provision that they may not be cancelled unless prior written notice thereof is given to the City not less than ten (10) business days prior to the cancellation date. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The City shall not be responsible for or have control of safety precautions and programs in connection with the Work. Contractor provides the financial protection of the required insurance to benefit both City and Contractor. Providing and paying for the insurance is part of the consideration which Contractor offers City. The City does not represent or warrant that the types of limits of insurance specified in this Article adequately protect Contractor's interest or sufficiently cover Contractor's liability. The Contractor shall defend, hold harmless and indemnify the City, its officers, agents and employees from and against any and all claims, demands, actions or causes of action (including court costs and attorneys' fees) of whatever nature of character arising from the Contractor's operation of the Prior Lake Dance Program. Letter of Credit. The Contractor shall maintain the Irrevocable Letter of Credit attached hereto and incorporated herein as part of Exhibit 2. The Irrevocable Letter of Credit is required to ensure Contractor's performance in accordance with the Contract Documents. The Irrevocable Letter of Credit shall be maintained throughout the pendency of the Contract or any renewal thereof. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor, and not an employee of the City. Nor are any employees, agents or independent contractors of contract employees of the City. Page 3of8 12. 13. 14. 15. 16. 17. 18. 19. Affirmative Action Policy. Contractor, any Independent Contractor and/or subcontractor employed by Contractor shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment on the basis of race, color, religion, sex marital status, national origin, ancestry, age, sexual orientation and physical or mental handicap and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all contracts entered into for the performance of this contract. Certificate of Compliance for Public Contract. If LESSEE has employed more than twenty (20) full-time employees in Minnesota at any time during the previous twelve (12) months, it shall have an affirmative action plan for the employment of minority persons, women, and the disabled that has been approved by the Commissioner of Human Rights. The LESSEE shall submit receipt of a Certificate of Compliance issued by the Commissioner signifying that the LESSEE has an approved Affirmation Action Plan by the State Human Rights Department. Compliance With State and Federal Laws. LESSEE, in connection with the execution of this Contract, assumes compliance with the statements and conditions in the Equal Employment Opportunity Assurance included in Exhibit "C". Entire Agreement. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the use of the Leased Premises. Counterparts and Signatories. This document may be signed in one or more counterparts which, when taken together, shall be one and the same agreement. The persons signing this Contract have been duly authorized by their respective entities to enter into this Contract. Headings. The headings herein are inserted only for convenience and reference and shall in no way define, limit or describe the intent of this Contract. Severability. If any provision of this Contract is held invalid, illegal or unenforceable by a Court of competent jurisdiction, the remaining provisions will not be affected. Exhibits. This instrument contains all of the agreements made between the parties and may not be modified orally or in any manner other than by agreement, in writing, signed by all parties to this Contract. The following Exhibits listed below are made part of this Contract as if fully set forth herein: Request for Bids for Operation of Pdor Lake Dance Program dated April 12, 2003 and Addendum thereto dated April 24, 2003 The following sections of Premiere Dance Academy's Request for Bid Response for Operation of the Prior Lake Dance Program dated April 28, 2003 o Section 2.0 o Section 3.0 o Section 5.0 o Section 6.0 o Section 13,0 o Attachment C Experience Operating a Dance Program Business Financial Capabilities No City Support Business Plan Number and Variety of Dance Classes Dance Instructor Resumes Lease Agreement between the City and Premiere Dance Academy for 4634 square feet of space in the Library Resource Center located at 16210 Eagle Creek Ave. SE, Prior Lake, MN, dated July 1,2003. Page 4 of 8 20. Irrevocable Letter of Credit on form provided by City Insurance Certificate(s) Clarification of Bid Response from Dawn Schulberg to Frank Boyles dated May 9, 2003 and sent via e-mail; and This document Miscellaneous. This Contract shall become effective only upon its execution by both the City and the Contractor. This Contract shall not be modified, rescinded, waived or terminated without the approval in writing of the City Council. The City shall be allowed to audit Contractor's books and records during regular business hours upon five (5) days written notice. The Contractor and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. d. This Contract shall be govemed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year hereinabove first written. CITY OF PRIOR LAKE Frank ~s, ¢~ty Manager CONTRACTOR PREMIERE DANCE ACADEMY Dawn Schulberg, Owner Page 5 of 8 STATE OF MINNESOTA ) )SS, COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this Z/.___~~ day of Jz¢ / ,20 ~.,1', by Jack G. Haugen and Frank Boyles, respectively the Mayor and City Manager of the Ci~ ~ ~rior Lake, a Minnesota municipal corporat_io~n_,~...,~. -°n ....... behalf of the_..corporation_ '-~and pursuant to the authority JF"~g r. ap,J~d/~ qts City Council. ~ [~) NOT~Y PUBLIC-MINNESOTA NO~ P~lic f STATE OF MINNESOTA ) )SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this /~/z, day of J~,/ Dawn Schulberg, the Owner of PREMIERE DANCE ACADEMY~ (Contractor). ,200~, by company, on its behalf Page 6 of 8 EXHIBIT 1 to Contract for Operation of the Prior Lake Dance Program (City Council Resolution #03-76 Adopted May 12, 2003) Page 7 of 8 EXHIBIT 2 to Contract for Operation of the Prior Lake Dance Program (Contract Documents) Premiere Dance Academy Bid Response dated April 28, 2003 Lease Agreement between City of Prior Lake and Premiere Dance Academy dated June 30, 2003 Irrevocable Letter of Credit Insurance Certificate Clarification of Bid Response dated May 9, 2003 Page 8 of 8