FIRST AMENDMENT TO LIEN FORECLOSURE RETAINER AGREEMENT FIRST AMENDMENT TO LIEN FORECLOSURE RETAINER AGREEMENT
THIS FIRST AMENDMENT TO LIEN FORECLOSURE RETAINER AGREEMENT,
entered into this day of October, 2022 (the "Effective Date"), by and between the
City of Clearwater, a municipal corporation (hereafter "the City"), whose address is P.O.
Box 4748, Clearwater, Florida 33758-4748, and Matthew D. Weidner, P.A., whose
address is 250 Mirror Lake Drive N., St. Petersburg, FL 33701 (hereinafter "Counsel").
WITNESSETH
WHEREAS, the City and Counsel entered into a lien foreclosure retainer agreement
("the Agreement") on July 24, 2018 in connection with the foreclosure of municipal liens
the City owns and holds; and
WHEREAS, the parties now desired to amend certain provisions of the Agreement
on the terms and conditions contained here;
NOW THEREFORE, in consideration of the premises, the mutual covenants, and
promises contained herein, and other good and valuable consideration, the City and
Counsel agree and covenant each with the other as follows:
Section 1. Whenever practicable, any monetary recovery made under the
Agreement will first be payable to Counsel's trust account on behalf of the City. Counsel
will then prepare an invoice for the City related to Counsel's attorney's fees and costs as
set forth in the Agreement. Counsel will then forward the invoice along with a check made
payable to the City which shall be the total amount of the monetary recovery made less
the applicable attorney's fees and costs owed to Counsel.
Section 2. Notwithstanding any provision of the Agreement to the contrary,
Counsel's minimum attorney fee for any case completed under the Agreement shall be a
fixed fee of$1,500.00.
Section 3. The Agreement shall terminate on the third anniversary of the
Effective Date.
Section 4. All terms and provisions of the Agreement not modified, changed, or
amended hereby shall remain in full force and effect.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
[GM 19-0-001/296156/11
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of
the date first written above.
Signed:
AMA -el/
Frank Hibbard
Mayor
Approved as to for
David Margolis
City Attorney
Countersigned:
[G M 19-0-001 /296156/ 1 ]
CITY OF CLEARWATER, FLORIDA
By:�G• -'(•—‘e
Jon Jennings
City Manager
Attest:
)nAtivioupcs, oat
Rosemarie Call
City Clerk
MATTHEW D. WEIDNER, P.A.
Digitally signed by matt weidner
ON: cn.natt weidner, o, ou,
matt weidner email=weidnerarmattweidnerlawm
By. Date: 2022.092611:393 -04'00'
Matthew Weidner, Esq.