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AGREEMENT FOR TAX APPEAL SERVICES
This Agreement for Tax Appeal Services ("Agreement") is made on this
_____ day of ___________, 199_____, by and between CARDINAL REALTY SERVICES,
INC. ("Cardinal") and ________________________________________________
("Owner").
1. DEFINITIONS: For the purposes of this Agreement, the following
terms shall have the meanings as hereinafter set forth:
(a) Property: the real property located in the City of
___________________, County of _______________ and State of
______________, being Tax Parcel No.___________.
(b) Tax Appeal Services: those services described in Section 3 of
this Agreement.
(c) Fees: Twenty-five Percent (25%) of the following amounts: (i) the
difference between the annual real estate taxes for the property
for the year 199____ and the first year after the reduction
obtained as a result of the performance by Cardinal of the tax
appeal services and (ii) any refund of previously paid real
estate taxes, including any interest or penalties, obtained as a
result of the performance by Cardinal of the tax appeal services.
(d) Expenses: all amounts paid by Cardinal in connection with the
performance of tax appeal services including, without limitation,
filing fees, postage copying, overnight delivery charges,
reasonable amounts for travel outside the Greater Columbus
Metropolitan area, and appraisals or other professional services
performed by any personnel which are not employed on a full-time
basis by Cardinal.
2. ENGAGEMENT: The Owner hereby agrees to engage, and hereby does
engage, Cardinal for the purpose of providing tax appeal services and to pay
Cardinal the fees and expenses pursuant to the terms and conditions specified
herein.
3. SERVICES: Cardinal agrees to provide the following services in
connection with the real estate taxes of the property:
(a) an analysis of the real estate taxes as they relate to the
valuation of the property as assessed by the appropriate
governmental authority and the amount of the real estate taxes
levied thereby;
(b) a recommendation to the Owner of the advisability of filing an
appeal of the assessed valuation of the property or the amount of
the taxes as they may relate thereto;
(c) the filing and prosecution of an appeal with the appropriate
governmental authority seeking a reduction of the amount of the
real estate taxes;
(d) completion and signature of any forms or other documents in
connection with the performance of any of the services enumerated
herein;
(e) the retention of any professional real estate appraisers or other
professional whose services are required in order to file an
appeal for a reduction of the real estate taxes;
(f) negotiating any settlement of any appeal relating to the real
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estate taxes with the appropriate governmental authority subject
to the terms set forth in this Agreement; and
(g) any other services reasonably required in connection with any of
the foregoing to obtain a reduction in the amount of real estate
taxes levied against the property.
4. APPOINTMENT OF AGENT: Owner does hereby appoint Cardinal as its
sole and exclusive agent and attorney-in-fact for the performance of the tax
appeal services and authorizes Cardinal to execute, on its behalf, all forms or
other legal documents which are reasonably required in the rendering of the tax
appeal services. Owner authorizes Cardinal to enter upon the property for the
purpose of making any physical inspection as may be deemed necessary by
Cardinal. Owner agrees to permit Cardinal access to any records maintained by
the Owner which relate to the real estate taxes or the valuation of the
property.
5. DECISION TO APPEAL OR SETTLE: The Owner shall retain all rights
relating to the decision to appeal the assessed valuation of the property or the
amount of the real estate taxes. In the event an appeal is not undertaken,
whether pursuant to a recommendation by Cardinal or by the decision of the
Owner, Owner agrees to pay the fee as specified above. The Owner shall also
retain all rights to accept any settlement of any appeal, or of any offer to
settle without any appeal, which may be obtained by Cardinal in connection with
its performance hereunder.
6. PAYMENTS: Payment of fees and expenses shall be made within thirty
(30) days of the date of billing. The Owner shall be liable for all fees and
expenses due hereunder regardless of any transfer of the property, or any part
thereof, prior to the final determination of any appeal seeking a reduction in
the real estate taxes of the property.
7. MISCELLANEOUS: Nothing herein shall be construed as a guaranty or
warranty, either express of implied, by Cardinal as to any specific result from
Cardinal's performance hereunder. Notwithstanding the foregoing, Cardinal agrees
to use its best efforts to effect the most favorable outcome for the Owner in
the rendering of the taxes appeal services. In the event any of the tax appeal
services performed by Cardinal shall be adjudged, by the highest court of the
state where the property is situated, to be an unauthorized practice of law,
this Agreement shall be reformed to delete therefrom any part which has been so
adjudged. The fees shall be reduced by an amount equal to the applicable hourly
rate for the portion of the tax appeal services performed by Cardinal which have
been adjudged to be an authorized practice of law.
IN WITNESS WHEREOF, this Agreement has been made by the parties hereto
as of the date first above written.
CARDINAL REALTY SERVICES, INC. OWNER
BY:________________________________ ____________________________________
(NAME)
ITS:________________________________ BY: ________________________________
