FITZGERALD LAW GROUP, P.C.
ADDITIONAL TERMS & CONDITIONS 1/28/19
1. Client will always be kept fully apprised as to all substantive developments in the matter. Client is encouraged to communicate with
Attorney whenever they have a question about any aspect of this engagement. Upon Client’s request, Attorney will return all original
documentation which has been supplied by Client. All correspondence, forms, briefs, worksheets, and supporting documentation are
part of the Attorney’s work product and shall remain the property of Attorney. Client acknowledges the substantial amount of effort in
terms of time incurred by Attorney in preparing the case. Accordingly, Client agrees to fully cooperate with Attorney during all aspects
of this case.
2. Client is advised that assessing officials (Assessor, Board of Review, Property Tax Appeal Board and/or the Circuit Court) have the
authority to increase the assessed valuation, either upon their own discretion or upon intervention by a taxing body or taxpayer.
Being fully informed of this, Client directs Attorney to proceed with the tax assessment appeal(s) as outlined in this Agreement.
3. In the event Attorney and Client subsequently agree, this Contract may be extended for an indefinite number of three-year
assessment periods, beginning with the next triennial reassessment year. The parties agree that executed copies of this agreement
which have been emailed, shall be considered valid and enforceable.
4. Assessed valuation reductions are generally in effect for the balance of the triennial assessment period unless identified as being in
effect for a lesser period or if subsequently adjusted (trending) by assessing officials. In the event that such a trending adjustment
results in an increase in the assessed valuation, Attorney shall have the option to file subsequent appeals contesting the assessed
valuation. Client agrees that such subsequent trending adjustments will not invalidate any pre-existing contractual obligations with
respect to billing for reductions obtained or maintained during the term of this Agreement or extensions thereof.
5. In the event that a balance remains unpaid thirty (30) days after issuance of a statement, Client’s unpaid balance will incur an
additional charge of 1.5% per month (compounded) until paid. In the event of a transfer of any Client interest in the subject real
estate, termination of Client’s leasehold interest in the subject real estate, foreclosure, or termination of this Agreement by Client,
prior to the end of the triennial period, all earned fees (including those for the current triennial years, which have yet to be billed) shall
become due and payable immediately. Payment to Attorney is via check, EFT, or letter of credit drawn on a U.S. bank.
6. Attorney shall have the option, with written notice to Client, to cease all legal representation in the event of Client’s material breach
of any of the covenants or conditions contained within this Agreement.
7. The parties agree that any disputes, claims or controversies arising out of or in any way related to this contract, or the breach,
enforcement or validity thereof, shall be resolved by binding arbitration administered by ADR Systems. The arbitration will be
conducted in accordance with the ADR Systems Rules of Commercial Arbitration and the ADR Systems Commercial Fee Schedule
in effect at the time of filing the demand for arbitration. Either party may commence the arbitration by filing a written demand for
arbitration with ADR Systems along with the requisite filing fee. The parties covenant that they shall participate in the arbitration
in good faith and that they will share equally in the costs, unless decided otherwise as part of the Arbitral Award. The arbitration will
take place in [desired location], before one arbitrator selected from ADR Systems’ Commercial Panel in accordance with ADR
Systems’ procedures for the appointment of arbitrators. The award rendered by the arbitrator is final and binding, and may be entered
into any court having jurisdiction thereof. Any court of competent jurisdiction may enforce the provisions of this paragraph. The party
seeking enforcement is entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party
against whom enforcement is ordered.
8. Client acknowledges that this contract, and the covenants contained within, or the obligations created pursuit to this contract, shall not
be assignable to a subsequent owner and / or lessee without the prior written consent of Attorney.
9. Client agrees to cooperate with Attorney in all aspects of the tax refund process. In the event that tax payments are made by a
tenant, escrow agent, landlord or mortgagee, Client is charged with and accepts responsibility for obtaining their full co-operation in
order to obtain the tax refund. Client grants Attorney a lien against all tax refunds arising from a client’s interest in a real estate parcel.
Client grants Attorney a Power of Attorney for the limited purpose of endorsing all refund checks, depositing same into Client’s Fund
Account, and distribute such funds in accordance with this current and prior agreement, if applicable, or apply the surplus to any
Client balance which remains outstanding. Client acknowledges the Treasurer will issue the refund check to the payer only and
in recognition of such hereby directs that the aforesaid Power of Attorney shall be applicable to refund checks made payable to
those that paid Client’s tax bill. It shall be Client’s responsibility to inform the payer of the aforesaid Power of Attorney.
10. Client is advised to pay their tax bill(s) in a timely manner unless advised otherwise by Attorney in writing.
END
