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The undersigned hereby engages Five Stone Tax Advisers LLC (“Consultant”) to represent Client in protesting the property taxes for the real properties identified in Client’s Form 50-162 Appointment of Agent for Property Tax Matters (“AOA Form”). Collectively those real properties shall be termed “Client’s Real Properties” for purposes of this Real Property Representation Agreement (“Agreement”).
Term: This Agreement shall remain in effect for a period of twelve (12) months and shall automatically renew every twelve (12) months until terminated by either party with thirty (30) days’ written notice. However, if Client terminates or modifies this Agreement within thirty (30) days of the Real Property protest deadline, or a Notice of Protest has been filed by Consultant, the active protest period (“Active Protest Period”), Client agrees to pay Consultant all fees due to Consultant under this Agreement for the protested tax year. If any portion of Client’s Real Properties are sold during the Active Protest Period, the sold portion of Client’s Real Properties, will remain covered under this Agreement and Client agrees to pay Consultant for all fees due under this Agreement
Scope of Work: Consultant will provide property tax protest and consulting services for Client’s Real Properties. Such services (“Services”) shall include preparing and filing Notices of Protest as necessary in Consultant’s reasonable judgment to initiate an appeal of assessed tax value, preparing and filing all required Appointment of Agent letters, and as required, appearing before the appropriate agency to represent Client at informal and formal hearings. Client agrees that Consultant will not practice law and that Consultant is authorized to hire a licensed attorney to perform any legal work deemed necessary by Consultant. Additionally, Client agrees that Consultant’s Services shall not include collecting Client’s tax statements or paying Client’s property taxes. Client Agrees the pursuit of arbitration or a judicial appeal of Client’s Real Property assessed tax value will require a separate agreement between Client and Consultant.
Fees and Payment: As payment for Services: 1.) Client agrees to pay Consultant a Service Fee per exhibit A, or 2.) a Contingent Fee per exhibit A, of the value of actual tax savings (“Savings”) available to Client resulting from Consultant’s efforts for the protested tax year, whichever is greater. Savings shall mean the difference between the tax debt calculated on the property’s original enrolled or proposed tax assessment for the protested tax year and the tax debt calculated on the property’s final tax assessment resulting from the appeal or protest for that same tax year. Savings may take the form of refunds, abatements, cancellations, or corrected tax billings. Actual tax rates at the time this Agreement is signed will be used for calculating the Contingent Fee unless current year rates have not been set at the time the services were rendered. In that event, Client agrees to pay the Contingent Fee as calculated using the prior years’ tax rates to determine the Savings. If the contingency fee is greater than the service fee, the service fee is credited to the contingency fee. Client agrees to pay the Contingent Fee within thirty (30) days of Consultant’s invoice date, and Client agrees to pay the lesser of 12% interest (or the highest amount allowed by law, compounded annually, on all amounts not paid within thirty (30) days.
Appointment of Agent for Property Tax Protest: Client hereby appoints Consultant as Client’s agent and authorizes Consultant to represent Client in property tax protest matters related to Client’s Real Properties, including but not limited to, performing the Services described in the Scope of Work. Client agrees that the AOA Form provide the Services.
Warranties and Limitation of Liability: Client agrees to provide Consultant all the information necessary to complete Consultant’s Scope of Work. Client agrees to provide readily available financial statements relating to the subject property immediately following execution of this Agreement. Client hereby represents that all information provided to Consultant will be complete and accurate. Client agrees that Consultant is entitled to rely on such information and that Consultant shall have no obligation or responsibility to investigate, audit, verify or supplement the information. Client acknowledges that Consultant makes no express or implied representations, warranties, or guarantees regarding the outcome of any protest, hearing, appeal, arbitration or judicial appeal. 2 Regulated by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.license.state.tx.us/complaints Consultant makes no representations or warranties about the accuracy of any advice, data, reports, documents or other information provided in its representation of Client based on the information provided to Consultant by Client. Client agrees that Consultant’s liability under this Agreement, whether such liability arises out of contract, tort or otherwise, will not exceed the total fees actually paid to Consultant by Client during the twelve (12) month period preceding the date on which the claim arose.
Unforeseen Events: Consultant shall not be liable to Client because of any failure or delay in the performance of Consultant’s obligations under this Agreement where such failure or delay is a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, riots, terrorism, government sanction, labor dispute, strike, lockout or interruption or failure of electricity or telephone service, or any other event that is beyond Consultant’s reasonable control.
Entire Agreement/Governing Law: This Agreement, together with the associated AOA Form, is the entire agreement between Client and Consultant regarding the matters discussed herein and supersedes all other agreements. This Agreement will be governed in accordance with the laws of the State of Texas. This Agreement shall not be terminated or modified except by written instrument and acknowledged by both Client and Consultant.
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