Res No 114-18-15147RESOLUTION NO. 114-18-15147
A Resolution approving, and authorizing the City Manager to pay, the
invoice of George Lott, Esquire, for title research and drafting of an
Opinion of Title required by Miami-Dade County Water & Sewer
Department ("W ASA") for the construction of sewer infrastructure,
including a pumping station, for 205 single-family homes.
WHEREAS, the City desired to increase its sewer connections and provide sewers
to approximately 205 additional single-family residences; and
WHEREAS, in order to install additional sewer lines and connect to the Miami-
Dade County sewer system, the City is required to designed, constructed and installed all
of the necessary sewer facilities. These facilities included gravity sewer mains, laterals,
manholes, sewer force mains, sewage pumping station and equipment; and
WHEREAS, all of the installations are required to be deeded to the County and
therefore the County requires that the City provide an Opinion of Title as to all parts of
the City where the sewer pipes, force mains, and pumping stations and equipment are to
be installed; and
WHEREAS, the City Attorney contacted George Lott, a real estate attorney, to
provide the Opinion of Title to all the properties that are anticipated to contain all of
the pipe, pumping station and other equipment needed for the 205 homes. Two largest
title companies in Miami-Dade County, Attorney's Title and National Title, were
contacted for the preparation of a title report for examination by the title attorney in
order to prepare the Opinion of Title required by W ASA. However, because of the
nature of the project, Attorney's Title was not able to prepare a report and National
Title's time frame for a report was 4 to 5 months, at a cost of over $10,000.00, which
would not have included the attorney's fees involved in review of the report and
preparation of the Opinion of Title. The City also had a deadline with W ASA for the
delivery of the Opinion of Title in order to timely enter into the Water and Sewer
Agreement with WASA, which National Title could not meet. Thus, the City's title
attorney had to personally locate and examined all of the relevant documents in the
public records which were needed to issue the Opinion of Title to W ASA; and
WHEREAS, the title work initially was anticipated to cost less than $5,000 but as
time went on the scope of the work became more arduous than anticipated; and
WHEREAS, the Opinion of Title was timely prepared and the City thus able to
entered into the Water and Sewer Agreement with W ASA before the proposed agreement
expired; and
WHEREAS, Mr. Lott has submitted a bill in the amount of $11,161.36 for the
time that he spent researching the title to all of the properties in question and drafting his
Opinion of Title. The time expended and his hourly rate are reasonable and a copy of his
Page 1 of2
Res. No. 114-18-15147
billing, his letter explaining the difficulty of the work and the letter of National Title are
attached; and
WHEREAS, Mr. Lott's invoice will be paid from Account number 3011790-
5196450 Engineering & Construction Capital Outlay before the payment of this invoice
which as a balance of $1 ,006,320 at the time of drafting this resolution.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR A.ND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIA.l\1], FLORIDA:
Section 1. The billing of George Lott, Esq., is hereby approved and the City
Manager is authorized to pay Mr. Lott the sum of $11,161.36 for title research and drafting
of the Opinion of Title required by Miami-Dade County Water & Sewer Department for
the construction of new sewer infrastructure for205 single-family homes.
Section 2. Severability. If any section clause, sentence, or phrase of this
resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, the holding shall not affect the validity of the remaining portions of this
resolution.
Section 3. Effective Date. This resolution shall become effective immediately
upon adoption.
PASSED AND ADOPTED this 19 th day of June, 2018.
ATTEST:
Page 2 of2
APPROVED:
~
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
City Commission Agenda Item Report
Meeting Date: June 19, 2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section: RESOLUTION(S)
Subject:
Agenda ~em NoA.
A Resolution approving, and authorizing the City Manager to pay, the invoice of George Lott, Esquire, for title
research and drafting of an Opinion of Title required by Miami-Dade County Water & Sewer Department
("WASA") for the construction of sewer infrastructure, including a pumping station, for 205 single-family homes.
3/5
(City Attorney)
Suggested Action:
Attachments:
Resolution approving opin. of title invoice.docx
Letter to Thomas Pepe.pdf
1
GEORGE J. LOTT
ATTORNEY AT LAW
FLORIDA SUPREME COURT CERTIFIED
CIRCUIRT CIVIL MEDIATOR
MJOH.A.BL D. LaVINE (1950-1990)
June 5,2018
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Suite 202
Coral Gables, FL 33146
LOTT & LEVINE
ATTORNEYS AT LAW
•• 150 S.W. 74TH COURT
TOWN CENTER ONE, SUITE 1711
MIAHI. li'LO.IDA .13131156
TELEPHONE: C30S) 67()'()700
FAX: (30S) 870·0701
EMAIL: GLott@\.ottLevlne.com
RE: Agreement for Sanitary Sewer Facilities Between Miami-Dade County and City of South Miami
Sub Area K, 1.0. #22835 .
Dear Mr. Pepe:
When this matter was referred to me, and after speaking with WASNs attorney to determine the scope
of the project, I contacted the two largest title plants In the area, Attorney's Title and National Title, to
request that they prepare a title report for my examination in order to prepare the Opinion of Title
required by WASA. As you can see from their attached email and letter, Attorney's Title, because of the
nature of the project, was not able to prepare a report and National Title's time frame for a report was 4
to 5 months, at a cost of over $10,000.00, which does not include the attorney's fees involved in
preparation of the Opinion ofTitle. Because of WASA's deadline for receiving the completed Application
from the City,which needed to include an Opinion ofTitle, National Title's time frame was not acceptable.
Thus, as real estate lawyers did in decades past, , personally examined from the Public Records the
documents needed to isslJe the Opinion of Title to WASA. As corroborated by National Title's letter,
because of the size and scope of the project, this entailed quite a bit of time, and needed to be done under
short notice. I hope this puts in context the amount I invoiced for the preparation of the Opinion of Title
letter to WASA.
However, should you have any questions, please do not hesitate to contact me.
Very truly yours,
c:;;2-----, ~=--
GEORGE J. lOTT
GJl:amj
Enc.
April 10, 2018
LOTT & LEVINE
8950 S.W. 74TH COT.JRT
TOWN CEN1ER O:N'E, SUITE 1711
MIA..\1I, FLORIDA 33156
Good Morning Mr. Lott,
NATIONAL TITLE AND
ABSTRACT COMPANY
ABSTRACTS -TiTLE: INSURANCE -CLOSING SE;RVICES
It is a pleasure in hearing from you.
Thank you for the opportunity but, I regret to inform you that In review of the
Sketches and the map you have provided, we will be unable to complete the requested
title search reports by the time frame your giving us due to the fact that streets and
right of ways usually go back more than 30 years and a back plant search be needed
on all subdivisions. (which could take up to 4 to 5 months to complete and a
estimated coast that can exceed $ 10,000.00).
If you have any questions or comments, please do not hesitate to contact me.
Sincerely,
John G. Sanchez
General Manager,
National Title and Abstract Company,
a d/b/a of JGS Properties, Inc.
711 NW 23rd Ave Suite, #101
Miami, Florida 33125
P: (305)642-6220 x125
F: (305)285-5701
W: "VV'vvw.nationaltitleanc1abstract.com
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FLTAj
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711 ~.W 23ft\ Avenue, Suite 101, Miami, Florida 33125
Tel: 305M2 6?20 Fax 305·643··0607
~----.Mc:.:.ail -glott@lottlevine.com
City of South Miami / WASA
GEORGE J LOTT
Mort 4/2/2.01812.:31 PM
To:mapprng@thefund.com <mapping@thefu'ldcom>.
i attachments (473 KB)
Sketch -WASA.pdf;
CD
Page 1 of 1
The City of South Miami has requested I do a Title Search and Policy regarding the installation of water
mains to one of its neighborhood. As a preliminary estimate as to what I should charge, attached is a
copy of where the sewer mains are going to be installed and the boundaries of the area affected (S.W.
82 Street to the North, S.W. 57 Avenue to the East, S.W. 87 Avenue to the South and S.W. 62 Avenue
to the West). Could you please identify for me the plats recorded for this area?
GEORGE J. LOTT
AITORNEY AT LAW
FLORIDA SUPREME COURT CERTIFIED CIRCUIT CIVIL MEDIATOR
LOTT & LEVINE
TELEPHONE (305) 670-0700
FAX (305) 670-0701
GLott@LottLevine,com
8950 S.w. 74TH COTJRT
TOWN CENTER ONE, SUITE 1711
NilAMI, FLOruDA 33156
h11'l",,' ':r"11'lnnk nfflCl~.com.'OWa,)?DatlY"'/mailjsemjtems 4/2/2018
·,.d.-~~rW: City of South Miami / W ASA
F\f\/: City of South Miami / WASA
EG
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Today, 10:55 AM
GEORGE J LOTT
Email from mapping.pdf
6781<8
Show al! 2 attachments (1 MB) Download ali
Good morning Mr. Lott,
Sketch -WASA.pdf
473 K8
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Page 1 of2
Reply all
Unfortunately we wil! not be able to accommodate you at this time. i believe that Nationa! Title and
Abstract Company can get this done for you. Please see their contact information belOW:
National Title and Abstract Company
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Contact: John Sanchez
Te!ephone: 305 642-6220
Fax: 305 643:-0607
Thank you,
EVELYN GARCIA
Product & Service Manager
. Commercial Branch
P: 305459-2540 [EXT. 6132]
T: 800 432-0094
F: 305 459-2693
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