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r <br />r ^ <br />V- <br />HOLD IUR.MI.ESS AM) INDEMMFICATION AGREK.MKNT <br />WTIEREAS, Mr. Whitney MacMillan owns property in the City of Orono which he <br />kases to Mr. Greg Tnichinski: and <br />WHEREAS, Mr. Greg Truchinski has constructed a radio antenna and supporting <br />structure on Mr. WTutney MacMiUan ’s property for which he needs a condiuonal use pcnuit <br />from the Citv' of Orono; and <br />WHEREAS the radio antenna and support structure are located close to the <br />Mighboring propeny of David D. and Kaien .MacMillan and is allowed by the Orono code: <br />and <br />WHERE AS the location of the radio antenna and support structure is closer enough to <br />the properu' of David D. and Karen MacMillan that, were the antenna and support structure <br />to coUapse, it could potentially cause damage on the property* of David D. and Karen <br />MacMillan: and <br />vy^HEREAS. the location of the radio tower retjuires a grant of a variance from the <br />City of Orono. <br />MOW, THEREFORE, in exchange for the anticipated issuance ot variance by the <br />Orono Citv Council allowing the radio tower to stay in its present loc^mon. Whimey <br />MacMillan hereby agrees to defend, indemnify and hold harmless the City, the City Counc , <br />and the agents and employees of the City from and against aU claims, damages, losses or <br />expenses, including attorney fees, which the City. City Council and agents and eraployMS of <br />the City may suffer or for which it may be held liable, ansing out of or resultmg from the <br />assertion against them of any claims, debts or obligations in the consequence ot the collapse <br />of Mr. Greg Truchinski’s antennas or support structures. <br />Whitney MacMillan <br />STATE OF MLXNESOTA ) <br />) <br />COUNTY OF HENNEPIN ) <br />The foregoing instrument was acknowledged betore me this <br />______1., 1994, by________________________ <br />day of <br />Notary Public <br />2 19.C203149S 7/19/54