Agenda 11/12/2019 Item #16D 7 (Release of Lien from the SHIP Program - Estates)11/12/2019
EXECUTIVE SUMMARY
Recommendation to approve one (1) Release of Lien for an owner who has met the 15-year
affordability term of a State Housing Initiatives Partnership Grant Agreement for Deferral of
100% of Collier County Impact Fees for Single-Family Affordable Housing Dwelling, provide a
refund.
OBJECTIVE: To support the affordability of housing in Collier County through the County’s former
State Housing Initiative Partnership (SHIP) Impact Fee Program.
CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances, the
County may defer the payment of the impact fees for any new owner-occupied unit which qualifies as
affordable housing.
Section 74-401(a) (3) of the Code authorizes the County Manager to enter into an impact fee deferral
agreement with the developer, owner or applicant. The deferred impact fees shall be a lien on the property
and the agreement shall be accepted by the County in lieu of prompt payment of the impact fee that would
otherwise be due and payable but for the agreement.
Under the SHIP Impact Fee Deferral Program from 1997 to 2004, when an eligible applicant was
approved for an impact fee deferral, the SHIP Program paid the required impact fees in full to the County
on behalf of the developer/applicant. The SHIP repayment was deferred until the property was sold,
refinanced, or no longer the primary residence. The deferred impact fees were a SHIP lien on the property
for a 15-year period commencing on the date of the Certificate of Occupancy (CO).
The Community and Human Services (CHS) Division received a request for the pay-off of the SHIP
mortgage and lien for a property in Charlee Estates, a Habitat for Humanity community. The
homeowners, Alipio Marrero and Maria Jimenez, sold their home and paid $13,579.72 to the County to
satisfy their lien. Based on the incorrect legal description received, the seller remitted payment. It was
discovered upon preparation of the release that the information provided was incorrect and reimbursement
was due to the seller since the seller had satisfied the 15-year term of the SHIP Impact Fee Deferral
Agreement. The correct Lien information is shown below. Unfortunately, the legal description provided
was for Charlee Estates Phase II, Lot 11 and should have been Lot 11, Charlee Estates, as shown below.
File # Recorded
Date
OR
Book/Page
Legal
Description
Developer’s
Name
Amount of
Lien
CO Issued
03-187-IF 10/09/2003 3418/0920 Lot 11, Charlee
Estates, as
recorded in Plat
Book 40, Page 1
of the Public
Records of
Collier County,
FL
Habitat for
Humanity of
Collier
County, Inc
$13,149.98 6/22/2004
FISCAL IMPACT: After the payment was received, it was determined that the 2003 SHIP Agreement
for Deferral of 100% of Collier County Impact Fees for Single-Family Affordable Housing Dwelling had
actually met the 15-year term of the agreement effective June 22, 2019. Therefore, the term of the
agreement has been met, a release of lien should be approved and recorded, and a refund of $13,579.72
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should be provided to the Marrero-Jimenez family, through their attorney, for the fee paid in error.
A total of $13,579.72 was paid to Collier County and deposited into SHIP Grant Fund (791), Project
33613. A refund in the amount of $13,579.72 must be issued to the attorney, Juan J. Piles, on behalf of
the former homeowners. The $10 recording fee was paid by the party.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and required a majority vote
for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: The Impact Fee Deferral Program assists the County in
meeting some of the Housing Goals and Objectives in the Growth Management plan.
RECOMMENDATION: To approve one (1) Release of Lien for an owner who has met the 15-year
affordability term of a State Housing Initiatives Partnership Agreement for Deferral of 100% of Collier
County Impact Fees for Single-Family Affordable Housing Dwelling and provide a refund.
Prepared By: Susan Golden, Senior Grants & Housing Coordinator, Community and Human Services
Division
ATTACHMENT(S)
1. 2003 IF Agreement & supporting docs (PDF)
2. CAO signed stamped ROL 10.22.19 (PDF)
3. SAP proof of payment (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.7
Doc ID: 10543
Item Summary: Recommendation to approve one (1) Release of Lien for an owner who has met
the 15-year affordability term of a State Housing Initiatives Partnership Grant Agreement for Deferral of
100% of Collier County Impact Fees for Single-Family Affordable Housing Dwelling, provide a refund.
Meeting Date: 11/12/2019
Prepared by:
Title: – Community & Human Services
Name: Susan Golden
10/15/2019 12:30 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
10/15/2019 12:30 PM
Approved By:
Review:
Community & Human Services Leslie Davis Additional Reviewer Completed 10/15/2019 1:29 PM
Community & Human Services Lisa Carr Additional Reviewer Completed 10/16/2019 5:28 PM
Community & Human Services Kristi Sonntag CHS Review Completed 10/17/2019 12:26 PM
Community & Human Services Cormac Giblin Additional Reviewer Completed 10/17/2019 3:19 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 10/22/2019 1:09 PM
Public Services Department Kimberley Grant Level 1 Reviewer Completed 10/22/2019 2:54 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/22/2019 3:27 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/22/2019 5:28 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/24/2019 2:16 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/29/2019 8:54 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/29/2019 9:47 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/29/2019 4:04 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/03/2019 10:14 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
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Packet Pg. 1550 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1551 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1552 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1553 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1554 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1555 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1556 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1557 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1558 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1559 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1560 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1561 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1562 Attachment: 2003 IF Agreement & supporting docs (10543 : Release of Impact Fee Deferral for Term)
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Packet Pg. 1563 Attachment: CAO signed stamped ROL 10.22.19 (10543 : Release of Impact Fee Deferral for Term)
16.D.7.c
Packet Pg. 1564 Attachment: SAP proof of payment (10543 : Release of Impact Fee Deferral for Term)