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Value Adjustment Board Authorization

AUTHORIZATION FOR YEAR 2010:

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 MARION 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 $150 PER FOLIO made payable to Commercial Property Services, Inc. (see TERMS and CONDITIONS) for each folio number to be represented. Make checks 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 -

CONTINGENCY: As compensation for CPS representation on a contingency basis, you agree to pay CPS in each above Appeal the following fees for the year specified at the beginning of this authorization:

1. $150.00 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 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:

Including real estate or tangible personal property

Full Assessed Values Fee As Percentage Of Tax Savings

Over $50 million 30%

$25 million to $50 million 35%

$10 million to $25 million 40%

$1 million to $10 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.

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.

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 ten (10) 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 10 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 Marion 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 cancelled 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 $500 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 CPS.

*****

Commercial Property Services, Inc.
Licensed Real Estate Broker
Call CPS for our mailing address.
1-305-372-9200 (South Florida)
1-352-245-7441 (Central Florida)
http://www.floridapropertytaxappeals.com
 

 
 

 

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