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HOLD a\R\ILESS AND INDEMNIFICATION AGREEMENT <br />WHEREAS. Mr. Whitby MicMillan owns properly in the City of Orono which he <br />leases to Mr. Greg Truchinsiri; and <br />WHEREAS. Mr. Gref Truchinski has constructed a radio rntenna and sopportinf <br />structure on Mr Whimc>' MacMillan ’s property for which he needs a condiuonal use penmt <br />from the City of Orono: and <br />WHEREAS, the radio antenna and supi»n structure are located close to the <br />neighboring property' of David D. and iCaren MacMiUan and is aUowed by the Orono code: <br />and <br />whereas , the location of the radio antenna and support structure is closer enough to <br />the property of David D. and Karen MacMillan that, were the antenna and support structure <br />to collapse, it could potentially cause damage on the property of David D. and Karen <br />MacMiUan: and <br />W’HEREAS. the location of the radio tower retjaires a grant of a variance from the <br />City of Orono. <br />NOW, THEREFORE, in exchange for the anticipated issuance of variance by the <br />Orono City Council allowing the radio tower to stay in its present location. Whitney <br />MacMillan hereby agrees to defend, indemnify and hold harmless the City, the City Council, <br />and the agents and employees of the City from and against all claims, damages, losses or <br />expenscs.'^including anomey fees, which the City. City Council and agentt and employees of <br />the City’ may suffer or for which it may be held liable, arising out of or resulting from the <br />assertion against them of any claims, debts or obligations in the consequence of the collapse <br />of Mr. Greg Truchinski’s antennas or suppon structures. <br />Witney MacM^lan <br />STATE OF MLVNESOTA ) <br />) <br />COUNTS’ OF HENNEPIN ) <br />The foregoing instrument was acknowledged before me this _4kh day of <br />October 1994, by Whitney MacMi 1 Ian _______. <br />^ ^AAAA^AAAA^^AAA^AAAAA^AAWW,^A • <br />CHFRYL 0 NIK.'CO ? <br />iijTicy c;;='.jc -• <br />cc: : ! <br />Cctnr Exr-'es r : <br />• ¥WWWWVVWWWWVWV%W%\\'v NV . ft <br />/ ^ /y'Zien <br />Notary Public <br />2I9C20JN98 7/19^4