4Agenda Item No:4.
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:
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
Page 1of 2
RESOLUTION NO. _________________1
2
A Resolution approving, and authorizing the City Manager to pay,the 3
invoice of George Lott, Esquire, for title research and drafting of an 4
Opinion of Title required by Miami-Dade County Water & Sewer 5
Department (“WASA”) for the construction of sewer infrastructure, 6
including a pumping station, for 205 single-family homes.7
8
WHEREAS, the City desired to increase its sewer connections and provide 9
sewers to approximately 205additionalsingle-familyresidences; and10
11
WHEREAS,in order to install additional sewer lines and connect to the Miami-12
Dade County sewer system, the City is required to designed, constructed and installed 13
all of the necessary sewer facilities. These facilities includedgravity sewer mains, 14
laterals, manholes, sewer force mains, sewage pumping station and equipment; and15
16
WHEREAS,all of the installationsare required to be deeded to the Countyand 17
thereforethe County requiresthat the City provide an Opinion of Title as to all parts of 18
the City where the sewer pipes, force mains, and pumping stations and equipment areto 19
be installed; and20
21
WHEREAS, the City Attorney contacted George Lott, a real estate attorney,22
to provide the Opinion of Title to all the properties that are anticipatedto contain all 23
of the pipe, pumping station and other equipment needed for the 205 homes. Two 24
largest title companies in Miami-Dade County, Attorney's Title and National Title, 25
were contacted for the preparation of a title report for examinationby the title 26
attorneyin order to prepare the Opinion of Title required by WASA. However,27
because of the nature of the project, Attorney’s Title was not able to prepare a report 28
and National Title's time frame for a report was 4 to 5 months, at a cost of over 29
$10,000.00, which would not haveincludedthe attorney's fees involved in review of 30
the report and preparation of the Opinion of Title. The City also had a deadline with 31
WASAfor the delivery of the Opinion of Title in order totimelyenter into the Water 32
and Sewer Agreement with WASA,which National Title could not meet. Thus, the 33
City’s title attorney had topersonally locate and examined all of the relevant34
documentsin the public records which wereneeded to issue the Opinion of Title to 35
WASA; and36
37
WHEREAS,the title work initially was anticipated to cost less than $5,000 but 38
as time went on the scope of the work became more arduous than anticipated; and39
40
WHEREAS,the Opinion of Title was timely prepared and the City thus able to 41
entered into the Water andSewer Agreement with WASA before the proposed 42
agreement expired; and43
44
WHEREAS,Mr. Lott has submitted a billin the amount of $11,161.36 for the 45
time that he spent researching the title to all of the properties in questionand drafting his 46
Opinion of Title. The time expended and his hourly rate are reasonable and acopy of 47
2
Page 2of 2
his billing, his letter explaining the difficulty of the work and the letter of National Title 1
are attached; and2
3
WHEREAS,Mr. Lott’s invoice will be paid from Account number 3011790-4
5196450 Engineering & Construction Capital Outlaybefore the payment of this invoice5
which as a balance of$1,006,320at the time of drafting this resolution.6
7
NOWTHEREFORE, BE IT RESOLVEDBY THE MAYOR AND CITY 8
COMMISSIONERSOF THE CITY OF SOUTH MIAMI, FLORIDA:9
10
Section 1. The billing of George Lott, Esq.,is hereby approved and the City 11
Manager is authorized to pay Mr. Lott the sum of $11,161.36 for title research and 12
drafting of the Opinion of Title required by Miami-Dade County Water & Sewer 13
Department for the construction of new sewer infrastructurefor 205 single-family 14
homes. 15
16
Section 2. Severability. If any section clause, sentence, or phrase of this 17
resolution is for any reason held invalid or unconstitutional by a court of competent 18
jurisdiction, the holding shall not affect the validity of the remaining portions of this 19
resolution.20
21
Section 3. Effective Date. This resolution shall become effective immediately 22
upon adoption.23
24
PASSED AND ADOPTED this____ day of _____________, 2018.25
26
ATTEST:APPROVED:27
28
___________________________________________29
CITY CLERK MAYOR30
31
READ AND APPROVED AS TO FORM, COMMISSION VOTE:32
LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard:33
EXECUTION THEREOF Vice Mayor Harris:34
Commissioner Welsh:35
Commissioner Liebman:36
_______________________Commissioner Gil:37
CITY ATTORNEY38
3
4
5
6
7