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Lyngblomsten at Lino Lakes Addition <br />Development Agreement <br />July 26, 2021 <br /> page 23 <br />EXHIBIT D <br />PUBLIC IMPROVEMENT SURETY AGREEMENT <br /> <br /> THIS PUBLIC IMPROVEMENT SURETY AGREEMENT ("Agreement") is entered into on <br />____________, 202___, by Commercial Partners Title, LLC, a Minnesota limited liability <br />company (hereinafter "Escrow Agent"), City of Lino Lakes (hereinafter "City"), Lyngblomsten <br />at Lino Lakes, LLC (hereinafter "Developer"), and ________________________, a <br />___________________________ (“Bank”). <br /> <br />RECITALS <br /> <br /> WHEREAS, City and Developer have entered into a Development Agreement for <br />Lyngblomsten at Lino Lakes Addition (the “Development”) dated ___________, 202__ <br />pursuant to which Developer has agreed to deposit certain funds as identified on Exhibit C of <br />said Development Agreement in escrow in lieu of a letter of credit; and <br /> <br /> WHEREAS, the Development Agreement requires a Letter of Credit or Surety <br />Agreement be posted with the City in the amount of $_________________; and <br /> <br /> WHEREAS, the cash which is being deposited with Escrow Agent from the Bank is <br />part of the proceeds of a loan from the Bank to the Developer, and said cash shall be <br />deposited in an account held at the Bank in the name of the Escrow Agent under certain <br />terms and conditions acceptable to the Bank, and this Agreement shall include restrictions <br />on draws or the release of funds from said escrow account by all Parties to this Agreement. <br /> <br /> WHEREAS, Developer agrees to privately construct certain improvements serving the <br />Development, which Improvements are more particularly described in paragraph six of the <br />Development Agreement. (the "Developer Improvements") <br /> <br /> WHEREAS, City and Developer desire that Escrow Agent disburse the advances and <br />Escrow Agent is willing to do so on the terms and conditions hereinafter set forth; and <br /> <br /> WHEREAS, capitalized terms used, and not otherwise defined herein, shall have the <br />meanings set forth in the Development Agreement; and <br /> <br /> NOW THEREFORE, in consideration of the foregoing recitals and other good and <br />valuable consideration, it is agreed between the parties as follows: <br /> <br />1. The Developer will deposit escrowed funds in the amount of $_____________ with <br />Escrow agent and these funds represent a portion of the loan funds which the <br />Developer has secured from the Bank (hereinafter “Loan Funds”). Such Loan Funds shall <br />be deposited in an Escrow Account at the Bank (“Escrow Account”) and held in the