Agenda Package - 08-18-08 - Laserfiche WebLink

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G5 ) TAX FORECLOSURE ATTORNEY AGREEMENT This agreement, made and entered into this the day of 2008, by and between Lee County, hereinafter referred to as County, and Mark D. Bardill, P.C., a North Carolina professional corporation, hereinafter referred to as Attorney, shall be for the legal services to be provided for foreclosure actions on delinquent real property taxes due to the County, and to this end, the parties hereto make the following recitals: WITNESSETH: WHEREAS, Attorney has in excess of twenty years experience serving as Special Tax Attorney for the Counties of Onslow, Jones, Craven, Lenoir, Beaufort, Wilson, Warren, Durham and Chatham: and WHEREAS, tax foreclosure is a certain and special area of practice and any attorney who serves as a Special Tax Attorney must provide specially trained staff, must advance thousands of dollars in costs and must dedicate other resources in order to successfully complete the foreclosure assignments made to it; and WHEREAS, to support these specially trained staff, advanced costs and other dedicated resources, Attorney needs a contract with County to serve as its special tax attorney for a term of four (4) years; NOW, THEREFORE, for good and valuable consideration, and upon the agreements, conditions, and covenants found herein, the parties hereto agree as follows: 1. The Attorney shall initiate foreclosure actions for all parcels with delinquent taxes in batches of 100 parcels per assignment made on the 1" day of every odd numbered month during the term of this agreement, or in more frequent intervals, upon mutual agreement of the parties hereto. Provided, however, should the tax office be unable, due to staff shortages, excessive workflow and the like, to make such an assignment in the full amount of 100 parcels, the Tax Office shall assign as many parcels as are possible for that assignment, and any shortage shall be recouped by the next anniversary date of this agreement. 2. The Tax Collector shall provide to the Attorney the name of the delinquent taxpayer, the most recent address on file, the total delinquent taxes, including interest and penalties by year and a map of the parcel with its identification number. This information shall be in the form of a computer printout and GIS Map, with other information provided as available. 3. All related work and filing of foreclosure actions shall take place within one hundred eighty (180) calendar days from the date that the Tax Collector transmits the initial information outlined in Paragraph 2 above and the request for foreclosure to the Attorney. If a Taxpayer tenders payment in full prior to the filing of the complaint, the Tax Collector must ® accept payment and no attorney fees are due from the Taxpayer, provided, however, attorney fees plus all incurred expenses shall be due and payable by County to Attorney in such cases where the Tax Collector has not informed Attorney of payment in full by the Taxpayer and Attorney has rendered its services as to the parcel in question after said payment.