AUTHORIZATION FOR YEAR(S) 2004:
By signing this form,
you (the client) authorize COMMERCIAL PROPERTY SERVICES, INC.
("CPS") to represent you as an agent, in the
capacity of an advocate in the administrative appeal of your
Florida Ad Valorem property taxes.
Further, you
authorize CPS to obtain from the Property Appraiser or other
governmental agencies or departments any information on your
property, including any comparable sales, construction costs,
and income analysis.
COUNTY_____________________________________________________________________________
FOLIO NUMBER(S)____________________________________________________________________
PROPERTY ADDRESS (or Legal
Description)_______________________________________________
_____________________________________________________________________________________
____________________________________________________________________________________________
PURSUANT TO TERMS AND CONDITIONS
HEREIN, SUBJECT TO JURISDICTION IN MIAMI-DADE COUNTY, THE
FOLLOWING IS UNDERSTOOD, AGREED, AND ACCEPTED BY:
(write above each
line)
_____________________________________________________________________________________
CORPORATION/COMPANY/AUTHORIZED NAME
(PRINT)/ TITLE
_____________________________________________________________________________________
SIGNATURE/ PRINT/ E-MAIL ADDRESS
_____________________________________________________________________________________
ADDRESS/ (CITY/STATE/(ZIP CODE
_____________________________________________________________________________________
TELEPHONE/ FACSIMILE/DATE
Please enclose the
non-refundable Services Fee of $25 PER FOLIO made payable to
Commercial Property Services, Inc. (see TERMS and
CONDITIONS) for each folio number to be represented. If the
Petition filing fee in a specific county is higher than $15
per folio, you agree to be billed for the difference which
will be due and payable immediately upon receipt of invoice.
Make check(s) payable to COMMERCIAL PROPERTY SERVICES, INC.
_____________________________________________________________________________________
Signed by CPS Principal
TERMS and CONDITIONS TO WHICH CLIENT
AGREES:
CPS purpose is,
whenever possible, to seek exemptions and administrative
remedies from Property Appraisers or Petition for Value
Adjustment Board VAB
reductions to which you are legally entitled for the
properties listed above or attached by you to this form. This
Authorization expressly does not encompass any court actions.
This Authorization may be extended for additional ad valorem tax years upon CPS
receipt of filing fees for subsequent years. In the event of
any such extension, all terms and conditions specified and
agreed to herein shall be applied in subsequent years.
However, CPS shall not seek relief automatically on your
behalf in subsequent years without extension directly
specified by you which means CPS receipt of filing fees and
having an Authorization on file.
Any modifications to
these Terms and Conditions which are not initialed by CPS
shall be void and of no force or effect.
CPS is not bound or
expected to file a Petition, when applicable, if the fees per
folio are not received by CPS with the executed Authorization
by the Petition Filing Deadlines as specified by any Florida
county. CPS shall not provide individual or specific Notice of
individual Petition filing deadlines.
CPS is not
responsible or liable for any errors in such folio number(s)
and/or address(es) which may be rejected by any applicable
government department. You, as the client, are responsible for
furnishing to CPS the complete, correct, and current
information needed to file a Petition. If required by the
Property Appraiser or VAB,
you authorize CPS to identify you as the client of CPS and to
provide part or all of this Authorization to Represent you.
You also agree to
provide CPS with any records about your property which you may
have within 10 days or any request we make for these
documents. You understand that CPS must present credible
evidence about your property in order to obtain tax relief on
your behalf, and your failure to provide records and
information in your position when requested by CPS may
jeopardize the outcome of negotiations or a VAB Hearing.
At CPS own discretion
and expense, CPS may engage outside consultants and
independent contractors to add to the analysis of your
property, negotiate with Property Appraiser(s), or attend VAB Hearings at CPS direction.
FEE SCHEDULE:
As compensation for
CPS representation on a contingency basis, you agree to pay
CPS in each above Appeal the following fees:
1. $25.00 PER FOLIO.
This non-refundable Services Fee is payable to CPS upon
signing of this agreement.
When the appropriate
Petitions are submitted to the VAB,
CPS will disburse the applicable filing fee(s) as required by
each County, subject to any increases in filing fees over a
maximum of $15 per folio which then shall be billed to you by
CPS and immediately paid by you
2. A PERCENTAGE OF
ANY TAX REDUCTIONS OR CREDITS YOU RECEIVE based on the
lowering of the assessed taxable values of any property noted
in this agreement follows:
Non-residential Property, including
real estate and tangible personal property
Full Assessed Values Fee As
Percentage Of Tax Savings
Over $50 million 30%
$25 million to $50
million 35%
Less Than $25 million
40%
Residential Property (Single Family,
Individual Condominium Unit)
Full Assessed Values Fee As
Percentage Of Tax Savings
Over $1 million 45%
Under $1 million 50%
CPS will provide at
least one of the following as proof that an exemption,
reduction, or credit has been obtained:
1. Receipt of the
Property Appraisers preliminary assessment(s) showing a
reduction from the prior year, in the event that, CPS
negotiates a reduction from the Property Appraiser prior to
the mailings of the TRIM Notice(s);
2. A reduction
appearing in a final tax bill as a result of negotiations; or,
3. A copy of CPS
notice of Special Master's or VAB
Findings for the applicable tax year as a result of a Hearing
on the VAB level.
This proof will
accompany CPS invoice to you. However, CPS is NOT responsible
for any other notification or verification which may be sent
to you from time to time by VABs, Property Appraisers, or Tax
Collectors, or any other government departments or agencies.
TERMS:
Payment of fees is
due net 10 days upon your receipt of CPS invoice or statement,
is expressly NOT dependent upon your receipt of refunded taxes
or credit against taxes owed.
If payment is not
received by CPS within thirty (30) calendar days of the date of
the invoice or statement, compounded interest of 1.5% per
month or the full amount provided by law (whichever is
greater) from the date of the invoice until paid also shall be
payable to CPS.
If payment is not
received by CPS within 30 days of the invoice or statement
date, CPS shall be entitled to a minimum of 25% of the gross
amount in the initial invoice sent to you which shall be for
any collection costs, and attorney, or court fees and costs
incurred in collecting any fees due to CPS whether or not suit
is instituted.
Jurisdiction and
venue for any proceedings on this contract shall be in
Miami-Dade County, Florida.
In the unlikely event
that CPS fees remain unpaid after the services are rendered
pursuant to this Authorization,
you grant to CPS the right to an equitable lien on the
property which is the subject matter hereof, including any
proceeds of a refund or a reduction in assessed taxable value.
The right to such equitable lien on the subject property or
any tax refund secured shall be as security for payment of,
CPS fees. You authorize CPS to deduct from any recovery, by
either order of the VAB,
Master's Report, settlement or otherwise, the fees due CPS
prior to disbursement to you.
This Authorization may not be canceled for the year(s) in which you engage CPS,
except for cause. In the event you retain another tax consultant to
represent you simultaneously, or you represent yourself, you
will be responsible for paying CPS, on demand, a minimum
rate of $375 per hour, and a minimum of three (3) hours shall
be due to CPS, plus any costs incurred by CPS in connection
with this authorization. Nevertheless, CPS may
withdraw from this agreement at any time, if CPS determines
that your property is fairly assessed, or that additional
efforts on CPS part are not warranted. CPS shall have absolute
discretion to withdraw at any stage of the proceedings or to
accept limited reduction, compromise, or settle the objection
at any time.
You acknowledge that
appropriate relief might not be secured at the administrative
level and that judicial relief might be required or
recommended. If, in CPS opinion, such judicial proceedings are
warranted, CPS shall so notify you and will cooperate to the
best of our ability with any legal representative you may
engage. Additionally, you acknowledge that the County Property
Appraiser may appeal to the Circuit Court the reduction
obtained by CPS.
By signing this document, you
acknowledge that if the folios listed herein may be or are
subject to eminent domain action, CPS is instructed to file
and continue the appeals of those property. In the event of
eminent domain action on any folio, you understand the
lowering of taxable assessment value may be detrimental to
compensation which may be paid to the owner of such property.
You understand by
signing this Agreement, all terms and conditions apply to you
and all principals, partners, corporations, employees, heirs,
personal representatives, agents, assigns, and/or successors
in interest. The terms and conditions contained herein
constitute the entire Agreement which may not be modified
except in writing and full execution by Client and CPSr.
*****