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r oT i 4 >tif •• •• r A.w ^ ^ <br />N <br />COVENANT NOT TO SUE <br />WTIEREAS. David D. and Karen MacMillan own property in the City of Orono <br />adjacent to property ow-ned by Whitney MacMillan and located at ------------------------------ <br />and <br />WHEREAS. Wliilney MacMillan leases his property to Greg Truchinski: and <br />WHEREAS. Mr. Truchinski has constructed a radio antenna and supporting sirjcture <br />on Whitney MacMillan ’s property for which he needs a conditional use permit; and <br />WHEREAS, the radio antenna and support strucrore are located closer to the property <br />of David D. and Karen NfacMillan than is allowed by the Orono Code; and <br />WHEREAS. David D. and Karen MacMillan would prefer that the radio antenna and <br />support structure remain in their present location because movement to another location would <br />make them more visible from the property of David D. and Karen MacMillan, <br />NOW', THEREFORE, in exchange for Mr. Truchinski’s agreement not to move the <br />radio antenna and supporting struemres and his further agreement to limit the height of the <br />radio antenna and structure to a tool of 75 feet above ground level, David D. and Karen <br />MacMillan hereby covenant and agree not to sue the Orono City Council, and the agents and <br />employees of the City of Orono for any claim, damage, loss, or expense arising out of or <br />resulting from the collapse of Mr. Greg Truchinski s antennas and/or support structures. <br />David D. MacMillan <br />Karen MacMillan <br />STATE OF MINNESOTA ) <br />) <br />COUNTY OF HENNEPIN ) <br />The foregoing instrument was acknowledged betorc me this-----day ot <br />____________^ 1994, by David D. MacMillan and Karen MacMillan. <br />Notary Public <br />2:9/22051498 7/19.^4