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HomeMy WebLinkAboutYeager, Robert Hold Harmless and Indemification Certification -1997 03 01A ~O \~~~. HOLD HARMLESS AND INDEMNIFICATION CERTIFICATION Deficit Reduction Act of 1984 - (U.S. Public Law 98-369; 26 USCA 1445) Withholding Tax on Disposition of U.S. Real Property by Aliens ROBERT A. YEAGER, individually and as trustee, ("Yeager") and CITY OF WINTER SPRINGS, ("Winter Springs") certify as follows: A. That Yeager is transferring and Winter Springs is acquiring an interest in and to a certain parcel of land described as follows: ~ ~``~ ~; `~ 3 '""~ ~ -n C,1`l ~~ n SEE EXHIBIT "A" ATTACHED HERETO o r3 AND INCORPORATED HEREIN BY REFERENCE r; {~ ~ z~ J, ~ c;~ B. Yeager and Winter Springs acknowledge that: ~ © , r- ~.U ;~ D 1. They are aware of the provisions of the Deficit Reduction Act of 1984, ~ ~ N referring to the withholding tax on the disposition of United States real property interests by foreign persons and foreign corporations. 2. Yeager is either exempt from said Act or this transaction is not subject to the provisions of the Act for one of the following reasons: ~ (a) Yeager is not a foreign person or corporation and has furnished his U.S. Taxpayer ~,,:= Identification Number to the transferee. '-~fa:i _; _,' O z ~ ~a (b) Yeager is anon-publicly traded domestic corporation, which is not a "U.S. real °O ~`''? t property holding corporation. " ~ ~Q ~° x-- (c) Winter Springs acknowledges receipt of a qualifying statement issued by the "`' _~! ~; ' ` Secretary of the Treasury stating that no withholding is due on this transaction. .*~~{~~ -~ (d) Winter Springs has acquired the subject property for use as a residence, and the amount realized for the property does not exceed $300,000.00. J C. Yeager and Winter Springs give this Certificate for the purpose of inducing ~o ~~ Lawyer's Title Insurance Corporation ("Company") and/or Amari, Theriac & Eisenmenger, P.A. `° 0 ("Agent") to close the transaction between Yeager and Winter Springs without requiring the ~ ~ Winter Springs to withhold 10% of the sales proceeds in accordance with the Act, and IN , o CONSIDERATION THEREOF, the Yeager and Winter Springs covenant and agree as follows: ~'" ~ -., < ~ rn 1. That they will not hold Company and/or Agent liable for any loss or damage ~a that Yeager or Winter Springs shall sustain arising from the failure of the Winter Springs to cn ~`*~ withhold 10 % of the sale proceeds in accordance with the Act. °D 2. That they will hold harmless and indemnify the Company and/or Agent for any loss or damage arising from the failure of the Winter Springs to withhold 10% of the sale proceeds in accordance with the provisions of the Act. ,~ ~, IN WITNESS WHEREOF, Yeager and Winter Springs have executed this Certificate this _ day of March, 1997. t~Q~z. ~-- '~ BY Wi ess ona a anc i ess Janice Palladino STATE OF FLORIDA COUNTY OF ORANGE SELL % ~ ROBERT A EA ,individually and as trUStee 130 South Orange Avenue Suite 200 BUYER: Orlando, FL 32801 ;may to ~~ ~ c~ CITY OF WINTER SPRINGS, a r*~ Z ~ o -,~ ° -~" - ~ , Florida Municipal Corporation o %> rn 9 ~J onald W. McLemore, City Managex'*~ '~ ~~ City of Winter Springs r ~ -~'~ " 1126 East State Road 434 ~ cn Winter Springs, FL 32708-2799 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ROBERT A. YEAGER, individually and as trustee, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in State and County last aforesaid this2ay of March, 1997. ` OTARY PUBLIC My Commission Expires: f,;~: f..,ti JULIE SULLNAN ~~ti ~``` MY COMMI3810N / CC 274760 3.: .i STATE OF FLORIDA ~~ , ~ ' ~ °' ~~ ~~ COUN I'Y OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ~orta(c~ (~ , (Y1~ L~rvia-~e, as C~ } ,~ ~(1(~anpg ¢ar-- of CITY OF WINTER SPRINGS, a Florida Municipal Corporation, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the of A~rcl'1, 1997. mRr ~~ o~~~~ry~,~~~~ MARTHA R JENK1 ~ ~ X ° My Cort~sion CI EapN~s May. Ot, 1! My Commission Expires: ~s, ~.' a°"°''d~'~ ~ ~f Ft~t, 800-aFi2-6i78 -2- State and County last aforesaid this ~~ay ARY PUBLIC ~~*~r •a,~~~ ~ ~RT~ cc~eoeos 7k ik ~ ~-• as• ~aoa ~ ~~ 4p :~ LEGAL DESCRIPTION/ EXHIBIT "A" That part of the map of the Philip R. Yonge Grant, as recorded in Plat Book 1, Pages 35-38, Public Records of Seminole County, Florida, more particularly described as follows: Commence at the Northeast corner of Section 8, Township 21 South, Range 31 East, Seminole County, Florida; thence run S 00°24'55"E, along the East line of the Northeast '/a of said Section 8, a distance of 205.56 feet to the Northerly right-of--way line of the Lake Charm Branch of the Seaboard Coast Line Railroad (S.C.L.) (100' R/W); thence run N 54°34'57"W, along said Northerly right-of--way line, a distance of 293.14 feet to a point on a curve, concave Southwesterly, having a central angle of 24°44' 10" and a radius of 1959.19 feet; thence from a tangent bearing of N 66°56'09"W, run northwesterly along the arc of said curve and said Northerly right-of- way line, a distance of 845.83 feet to the point of tangency; thence run N 79 ° 18' 14"W, along said Northerly right-of--way line, a distance of 691.26 feet to the point of curvature of a curve, concave Southwesterly, having a central angle of 11°46'38" and a radius of 2612.09 feet; thence run Northwesterly, along the arc of said curve and said Northerly right-of--way line, a distance of 536.92 feet to the point of tangency; thence run S 88°55'08" W, along said Northerly right of way line, a distance of 178.11 feet to the Westerly right-of--way line of Vistawilla Drive; thence run N 10°23' 19"E, along said Westerly right-of--way line, a distance of 16.23 feet to the point of curvature of a curve, concave Southeasterly, having a central angle of 69°00' 18" and a radius of 540.00 feet; thence run Northeasterly along the arc of said curve and said Westerly right-of--way line, a distance of 650.36 feet to the point of reverse curvature of a curve, concave Northwesterly, having a central angle of 14°57'22" and a radius of 710.00 feet; thence run Northeasterly along the arc of said curve and said Westerly right-of--way line, a distance of 185.33 feet; thence departing said Westerly right-of--way line, run N 30°22'39"W, along anon-radial line, a distance of 356.04 feet; thence N 89°52'39"W, a distance of 2147.50 feet; thence N 00°07" 21 "E, a distance of 100.00 feet; thence N 89°52'39"W, a distance of 199.59 feet; thence N 00°07'21 "E, a distance of 320.00 feet for a point of beginning; thence continue N 00°07'21 "E, a distance of 218.78 feet to a point on the South right-of--way line of State Road 434, as depicted on right-of--way maps for State Road No. 434, Section 77070-2517; thence S 89°49'07"E along said South right-of--way, a distance of 262.03 feet, thence departing said south right-of--way line, run S 10°23'19"E a distance of 73.62 feet; thence S 24°26'37"E, a distance of 77.74 feet; thence S 28°05'28"E, a distance of 85.60 feet; thence N 89°52'39"W, a distance of 348.24 feet to the point of beginning. cn ~ V a~ c~ rn J o~ 3 . z ~ ~ n o D r - rn , T, ,~ ' `" r ~ `~ ~T7