JOHN P. FITZGERALD
ATTORNEY AT LAW
ADDITIONAL TERMS & CONDITIONS (Indiana) 3/1/19
- 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. 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 have the authority to increase the tax assessment. Being fully informed of such a possibility, Client directs Attorney to proceed with the tax assessment appeal(s) as outlined in this Agreement.
- In the event Attorney and Client agree, this Contract may be extended for an indefinite number of assessment periods, beginning with the next 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 transmittal of this Contract is permissible and agree that executed copies of this Contract 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 Indiana.
- Tax assessment reductions are generally in effect for the balance of the assessment period unless identified as being ineffect for a lesser period and are subject to trending by assessing officials.
- In the event that an account 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, 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 current assessment period, 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 material breachof 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.
- 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.
- 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 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 a 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 distribute 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 the 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.
- Client agrees to pay their tax bill(s) in a timely manner unless advised otherwise by Attorney in writing.
END
