FEE AGREEMENT NUECES TAX RELIEF.COM REAL PROPERTY TAX CONSULTING SERVICES

Transcription

1 FEE AGREEMENT NUECES TAX RELIEF.COM REAL PROPERTY TAX CONSULTING SERVICES 1. Identification This fee Agreement ("Agreement") effective as of is made and entered into by and between NUECES TAX RELIEF hereinafter known as ("NTR"), and hereinafter known as ("Client"). Client Name: Mailing Address: Address: Property Address: See Property Listing 2. NUECES TAX RELIEF Services Subject to all of the terms and conditions contained in this Agreement, CLIENT shall order and NTR shall represent CLIENT in connection with any and all real property assessment appeal(s) for the properties listed above. This agreement between Client and NTR is irrevocable for 2015, and will remain valid under the same conditions unless revoked in writing by the Client before April 30th of any subsequent year. All changes to this agreement must be in writing. Property Tax Services to be provided by NTR are set forth in detail below but not limited to: Conduct property inspections, including meetings and tours with location personnel. Review Assessor's property records and valuation reports for errors, deficiencies, and application of appropriate appraisal methodologies. Determine the fair and equitable property tax valuation of the subject properties based on appropriate industry, company, property, and market research. Review findings with Client to determine if an appeal is warranted. File appeals and/or contest inaccurate or improper assessments. 1

2 Prepare the necessary documents and records to support the appeal. Represent Client at informal and formal hearings. Provide litigation management and support Develop and maintain productive and cooperative relationships with taxing authorities. Provide project status reports on a schedule as determined by Client. Represent client if needed during Arbitration. Review tax bills to ensure that abatement is being fully and properly utilized. 3. COMPENSATION The above referenced CLIENT, having entered into an Agreement with NTR to represent CLIENT in connection with any and all real property assessment appeal(s). to the appropriate governing authority, assessment appeal board and/or court of law with respect to the properties listed above, agrees to pay NTR an amount equal to thirty five (35%) percent which is a contingency percentage of the amount of tax savings resulting from any calendar year appeal. The tax savings shall be calculated by subtracting the final assessed value for each such year from the assessed value posted by the assessment officials immediately prior to commencement of the appeals process for each such year and multiplying such resulting total by 3% rate or the tax rate in effect prior to the date of billing. Interest which may be part of refunds is to be included in the calculation of total tax savings. In the event that settlement of an appeal defers tax savings to a future non-appealed year, such savings will be included in the Total Savings calculation. 4. CLIENT Provided Information Confidential Information includes all confidential information or proprietary information related to property tax consulting (i.e. rent rolls, profit and loss statements, etc.) provided by the client. NTR agrees to hold this information in strictest confidence, and not to disclose or allow disclosure of this information to any person, firm or corporation (other than the appraisal district personnel during informal negotiations or ARB members during formal tax hearings). NTR will not use this confidential information except for purposes described herein, without the prior written consent of the client. Only NTR employees or its agents will have access to the confidential information. NTR shall take any and all reasonable, necessary, and appropriate precautions to prevent the unauthorized disclosure of, communication of, access to, or use of the confidential information. 5. NUECES TAX RELIEF's Discretion NTR and CLIENT will have the right to determine the extent to which it is appropriate to pursue an appeal of the assessed value of any property in a non-judicial forum. In no event will NTR engage an attorney or Arbitration to appeal any assessment in a court of law without the prior written consent of CLIENT with the understanding CLIENT will pay for such services. 2

3 6. Prior Period Refunds In the event NTR is successful in obtaining a refund or abatement of property taxes, penalties or interest in any prior period, CLIENT agrees to pay NTR an amount equal to a thirty five (35%) percent contingency fee of the refunded or abated amount. 7. No Guarantees NUECES TAX RELIEF.COM has not and does not make any guarantee, representation of warranty as to the results which may be obtained, or the actual assessed values which may be achieved by virtue of its services. Nothing contained herein shall be deemed or construed in any respect to make NTR liable for the payment of ad valorem taxes, penalties or interest for the properties covered by this Agreement. 8. Payment of Compensation Fees for services rendered will be billed after completion of negotiations of value and will be payable at the office of NTR within forty five (45) days after date of invoice. Past due bills, which are not the subject of reasonable contest or question by CLIENT, will accrue interest at the annual rate of twelve (12%) percent. 9. Term Unless terminated by the mutual consent of the parties (30 day written notice), this Agreement shall be for the calendar tax appeal year of 2015, and remain valid under the same conditions unless revoked in writing by the Client before April 30th of any subsequent year. 10. Termination of Appeal In the event CLIENT opts to terminate a pending appeal filed by NTR, NTR shall not earn a contingent fee, but in lieu thereof, shall be paid NTR's standard hourly rate of Two Hundred Fifty Dollars ($250.00), plus out of pocket expenses, for actual time incurred in connection with the appeal. 11. Governing Law This Agreement shall be subject to and governed by the laws of the State of Texas. 12. Contract Not Affected by Oral Agreements No oral agreement of any person shall modify or otherwise affect the scope of work hereunder or any of the terms and conditions of the Agreement. Any modification of this Agreement shall be in writing and must be signed by authorized representatives of the parties to be effective. 3

4 13. Remedies If any action at law or equity is necessary to enforce or interpret the terms of the Agreement, the prevailing party shall be entitled to recover reasonable attorney s fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 14. Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof. 15. Texas Agreement Footnote As required of all property tax consultants registered in the State of Texas, the following information is being provided in compliance with State regulations: Regulated by the Texas Department of Licensing and Regulation, P.O. Box 1157, Austin, TX 78711, , ; website This Agreement is to be effective as of the date first above written upon execution by both parties. Nueces Tax Relief.com CLIENT / AUTHORIZED REPRESENTATIVE BY: Theunis A. Voorkamp Managing Partner Texas Operations Registered Property Tax Arbitrator Texas Licensed Property Tax Consultant. DATE: BY: PRINT NAME: TITLE: DATE: 5350 S. Staples Suite #202 Corpus Christi, Texas OFFICE FAX http: // ntr@ nuecestaxrelief.com 4

5 Appointment of Agent for Binding Arbitration Property Tax Form You must use this form to authorize an individual, other than an attorney, to take any action on your behalf relating to arbitration under Chapter 41A of the Texas Property Tax Code. You should read all applicable laws and rules carefully, including Chapter 41A of the Texas Property Tax Code and Comptroller Rule Owner s Name and Address Owner s name Present mailing address (number and street) City, town or post office, state, ZIP code Phone (area code and number) Step 1: Identify the property for which authority is granted to take action relating to arbitration. (Note: Unless authority is being granted for arbitration of contiguous tracts of land pursuant to Texas Property Tax Code 41A.03(a-1), a separate form must be submitted for each property being submitted to arbitration. If, by way of this Appointment of Agent for Binding Arbitration, you are granting authority for arbitration of contiguous tracts of land pursuant to Texas Property Tax Code 41A.03(a-1), you must identify all such contiguous tracts of land.) Identify Contiguous Tracts of Land for Which Authority for Arbitration Pursuant to Texas Property Tax Code 41A.03(a-1) is Granted (Note: You must own all of the property identified.): If you have additional contiguous tracts of land for which authority for arbitration is granted, attach additional sheets providing the appraisal district account number and legal description for each property. Sign each sheet and identify here the number of additional sheets attached:. The Property Tax Assistance Division at the Texas Comptroller of Public Accounts provides property tax information and resources for taxpayers, local taxing entities, appraisal districts and appraisal review boards. For more information, visit our website: /2

6 Property Tax Form Appointment of Agent for Binding Arbitration Step 2: Specify the agent s authority to take action relating to arbitration. (Note: A separate form must be submitted for each arbitration requested.) The agent identified below is granted authorization to: Sign the request for binding arbitration for the above-described property Represent the owner in the binding arbitration proceeding Receive deposit refunds (Note: If you select this option, all correspondence from the comptroller regarding the arbitration will be sent to the agent and the authorization must include the agent s social security number, federal tax identification number, or Texas state tax identification number.) Other: Step 3: Name the agent for binding arbitration. (Note: Pursuant to Texas Property Tax Code, 41A.08(b) and Comptroller Rule 9.804, only certain individuals may act on behalf of a property owner in binding arbitration.) Agent Name (Note: The agent named must be an individual. An authorization identifying a business entity is not valid.) Agent s license or certificate number Licensing board pertaining to the license or certificate Agent s social security number, federal tax identification number, or Texas state tax identification number (Note: This information is required if the agent is authorized by this appointment to receive deposit refunds.) Step 4: Sign and date the form. Signature of Property Owner Date Print Name Phone (area code and number) If you make a false statement on this form, you could be found guilty of a Class A misdemeanor or a state jail felony under Section 37.10, Penal Code. Page /2 For more information, visit our Web site:

7 Appointment of Agent for Property Tax Matters Property Tax Form This form is for use by a property owner in designating a lessee or other person to act as the owner s agent in property tax matters. You should read all applicable law and rules carefully, including Section of the Texas Property Tax Code and Comptroller Rule This designation will not take effect until filed with the appropriate appraisal district. Once effective, this designation will be in effect until the earlier of (1) the date of a written revocation filed with the appraisal district by the owner or the owner s designated agent, or (2) the expiration date, if any, designated below. In some cases, you may want to contact your appraisal district or other local taxing units for free information and/or forms concerning your case before designating an agent. Appraisal District Name Date Received (appraisal district use only) STEP 1: Owner s Name and Address: Name Telephone Number (include area code) Address City, State, Zip Code STEP 2: Identify the Property for Which Authority is Granted. Identify all property for which you are granting the agent authority and, unless granting authority for all property listed for you, provide at least one of the property identifiers listed below (appraisal district account number, physical or situs address, or legal description). A chief appraiser may, if necessary to identify the property, request additional information. Additionally, in lieu of listing property below, you may attach a list of all property to which this appointment applies, denoting the total number of additional pages attached in the lower right-hand corner below. (check one) all property listed for me at the above address the property(ies) listed below: Physical or Situs Address of Property Physical or Situs Address of Property Physical or Situs Address of Property Physical or Situs Address of Property If you have additional property for which authority is granted, attach additional sheets providing the appraisal district account number, physical or situs address, or legal description for each property. Identify here the number of additional sheets attached:... The Property Tax Assistance Division at the Texas Comptroller of Public Accounts provides property tax information and resources for taxpayers, local taxing entities, appraisal districts and appraisal review boards. For more information, visit our website: /11

8 Property Tax Form Appointment of Agent for Property Tax Matters STEP 3: Identify the Agent: Name Telephone Number (include area code) Address City, State, Zip Code STEP 4: Specify the Agent s Authority: The agent identified above is authorized to represent me in (check one): all property tax matters concerning the property identified the following specific property tax matters: The agent identified above is authorized to receive confidential information pursuant to Tax Code 11.48(b)(2), 22.27(b)(2), (c)(2), (c)(2), and 23.45(b)(2):... Yes I hereby direct, as indicated below, the appraisal district, appraisal review board, and each taxing unit participating in the appraisal district to deliver the documents checked below to the agent identified above regarding the property identified. I acknowledge that such documents will be delivered only to the agent at the agent s address indicated above and will not be delivered to me unless the affected offices choose to send me copies or are otherwise required by law. I understand that these documents can affect my legal rights and that the appraisal district, appraisal review board, and the taxing units are not required to send me copies if I direct them to deliver the documents to my agent. all communications from the chief appraiser all communications from the appraisal review board all communications from all taxing units participating in the appraisal district STEP 5: Date the Agent s Authority Ends. Pursuant to Tax Code 1.111(c), this designation remains in effect until the date indicated or until a written revocation is filed with the appraisal district by the property owner or the owner s designated agent. A designation may be made to expire according to its own terms but is still subject to prior revocation by the property owner or designated agent. Pursuant to Tax Code 1.111(d), a property owner may not designate more than one agent to represent the property owner in connection with an item of property. The designation of an agent in connection with an item of property revokes any previous designation of an agent in connection with that item of property. By designating an agent on this form, previous designations of other agents in connection with the items of property shown on the form are revoked. No Date Agent s Authority Ends..... STEP 6: Identification, Signature, and Date: Signature of Property Owner, Property Manager, or Other Person Authorized to Act on Behalf of the Property Owner* Printed Name of Property Owner, Property Manager, or Other Person Authorized to Act on Behalf of the Property Owner Date Title The individual signing this form is (check one): the property owner a property manager authorized to designate agents for the owner other person authorized to act on behalf of the owner other than the person being designated as agent * This form must be signed by the property owner, a property manager authorized to designate agents for the owner, or other person authorized to act on behalf of the owner other than the person being designated as agent. If you are a person other than the property owner, the appraisal district may request a copy of the document(s) authorizing you to designate agents or act on behalf of the property owner. If you make a false statement on this form, you could be found guilty of a Class A misdemeanor or a state jail felony under Section 37.10, Penal Code. Page /11 For more information, visit our website: