Collier County
FL

Action Item
10543

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.

Information

Department:Community & Human ServicesSponsors:
Category:16.D Consent Agenda-Public Services Department

Executive Summary

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 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

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