https://www.propertytax.com/multi1019a/
FITZGERALD LAW GROUP, P.C.
ADDITIONAL TERMS & CONDITIONS (Cook County Condominium & Townhouse) 10/1/19
- Client will always be kept fully apprised as to all substantive developments in the matter via routine correspondence to the manager. In the event that the Board of Directors expresses a need to meet with Attorney, such will be via executive session only. Client is encouraged to communicate with Attorney whenever they have a question about any aspect of this engagement. Client consents to the receipt of newsletters and bulletins, from Attorney, from time to time, via email. All correspondence, forms, briefs, worksheets, and supporting documentation are part of the Attorney’s work product and shall remain the property of Attorney. Client agrees to fully cooperate with Attorney during all aspects of this matter.
- 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 such a possibility, Client directs Attorney to proceed with the tax assessment appeal(s) as outlined in this Agreement. Client shall be responsible for the timely filing of income and expense reports which may be mandated by assessing officials. Client shall tender to attorney, a copy of such report and proof of such filing.
- In the event Attorney and Client agree, this Contract may be extended for an indefinite number of three-year assessment periods, beginning with the next triennial reassessment year. This contract will be applicable to other Client properties that client directs Attorney to contest the assessed valuation. The parties acknowledge that email execution of this Contract is permissible and agree that a copy of this executed agreement shall be considered valid and enforceable as if the copy is an original document. This Contract shall be governed and construed in accordance with the laws of the State of Illinois.
- Assessment reductions are generally in effect for the balance of the triennial assessment period unless identified as being in effect for a lesser period and may be subject to a trending factor. Many assessing officials apply a trending factor to assessed valuations during the years after an assessment has been established.
- 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, the filing of a foreclosure action against Client or Client’s termination of this Agreement prior to the end of the triennial period, all earned fees (including those for the then current triennial years, which have yet to be billed) shall become due and payable immediately. Payment to Attorney is via EFT or check drawn on a U.S. bank.
- Attorney shall have the option, with written notice to Client, to cease all legal representation in the event of Client’s breach of any of the covenants or conditions contained within this Agreement.
- Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction.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.
- Individual unit owners are permitted to opt out of this contract in three separate manners, as set out below.
1. Via their PIN being listed in the opt out section of this contract.
2. Via their decision to opt out within 14 days of the date of this contract, via written notice of such intention, being delivered to the Association (Client).
3. Their decision to opt out of this after the 14 day opt out period has run, via the owner’s notification to the Association that they have decided to opt out, or, the filing of an appeal with any Cook County or State agency. Such a filing will be construed as a pre-emption of any appeal filed by Attorney. In such an event, the Association will be liable for an opt out fee of $500.00 per pin, plus the cost of an appraisal update, if necessary.
- 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, mortgagee or subsequent owner, 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 any tax refunds arising from Client’s interest in a real estate parcel and a Power of Attorney for the limited purpose of endorsing all refund checks, depositing same into Client’s Fund Account, and distributing such funds in accordance with this current and/or prior agreement, if applicable, or apply the surplus to any Client balance which remains outstanding. Client acknowledges that Cook County 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. It is the intention of the parties that this paragraph is to become applicable to and relate back to all contracts that may have previously existed between Client and Attorney.
- Client agrees to pay their property tax bill(s) in a timely manner unless advised otherwise by Attorney, in writing.
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