Agenda 02/25/2025 Item #16B 3 (Purchase and Sales Agreement and Addenda with Bigi & Bigi, LLC the purchase of 14 out of 18 condominium office units - Improved acres on Airport Road South and authorize the Associated budget Amendments)2/25/2025
Item # 16.13.3
ID# 2025-343
Executive Summary
Recommendation to approve and execute a Purchase and Sales Agreement and Addenda with Bigi & Bigi, LLC, the
purchase of 14 out of 18 condominium office units within the Court Plaza III building situated on 1.17 improved acres on
Airport Road South, adjacent to the Government Center, for the Community & Human Services Division, and authorize
the associated Budget Amendments. (Companion to item 1613.4)
OBJECTIVE: To increase Collier County's ("County") office space holdings by acquiring additional property, located
adjacent to the Government Center, to reduce long-term rental expenses. This acquisition will provide the County with
greater control over its office space, improve operational efficiency, and generate cost savings.
CONSIDERATIONS: The Community & Human Services Division ("CHS") currently occupies the entire second floor
comprised of six office suites —units 201, 202, 203, 204, 205, and 206—at the Court Plaza III building located at 2671
Airport Road South. The 14 units that are the subject of this purchase, units 101, 102, 103, 104, 106, 201, 202, 203,
204, 205, 206, 301, 303, and 305, are owned by Bigi & Bigi, LLC ("Seller"). The seller has informed us that Unit 106 is
currently occupied by tenants from Units 104 and 102, with no formal lease agreement. If acquired, Real Property will
work with these tenants to either vacate the unit or formalize their arrangement for Board approval. Unit 105 is owned
by a separate entity and is proposed to be purchased under a separate companion agenda item.
The majority of the units in the building, including those occupied by CHS, are being offered for sale. The property
includes an 18,600-square-foot office condominium facility, with 16,000 square feet of office space. The building sits on
1.17 acres and provides 76 parking spaces.
As outlined in the Fiscal Impact Statement, purchasing the majority of the building will help reduce future rental costs.
CHS plans to purchase approximately 11,674 square feet of office condo space, which is zoned C3.
The County's standard Purchase and Sale contract has been used. There are also two separate addenda attached to the
initial Purchase and Sale contract.
Notable terms of the Purchase and Sale Agreement ("Agreement") include:
• Purchase Price: $3,556,400 (14 units) or the average value determined by two appraisers, if lower. However,
Seller may rescind the Agreement if the Board does not approve a purchase price of $3,556,400.
• Closing: 180 days from the date of the Agreement.
• Leases: The Seller must prepare and deliver all necessary documents to assign the leases to the County no later
than closing. (The leases are included as backup to this item.)
• Association Funds: Seller must ensure that the approximate amount of $152,000 (this will include all funds
received by the association prior to closing) held by the Association is transferred to the County.
• Inspection Period: 120 days from the date of the Agreement. (County will engage a private inspector)
• Exhibit B: Seller to fix, repair, or renovate the items listed in Exhibit B.
Notable terms of the Addendum to the Purchase and Sale Agreement 1031 Exchange Clause / Broker Disclosure:
The Seller requires that the County execute an Addendum to the Purchase and Sale Agreement 1031 Exchange
Clause /Broker Disclosure, which requires the County to cooperate with the Seller to designate the conveyance
of the property as a tax -deferred like -kind exchange of real property under the Internal Revenue Code Section
1031.
The Exchange:
o May require the property to be conveyed to an intermediary qualified to facilitate the exchange.
o Will not require the County to incur any additional expenses.
Notable terms of the Second Addendum to the Agreement for Sale and Purchase:
• Adjusts the price by adding $6,400 for lost Seller revenue, due to Seller's inability to renew an additional
contract as a result of the pending purchase by the County.
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2/25/2025
Item # 16.13.3
ID# 2025-343
• Seller shall not enter into any new leases, lease renewals, or other arrangements for Unit 305 or any other units
within the property. This restriction will remain in effect through the closing date.
This space is expected to meet the needs of CHS for the next 20 years and will also provide additional office space for
CHS as leases for current tenants expire. Purchasing the building for $3,556,400 presents a financially advantageous
alternative to renting, as it will immediately save approximately $108,000 annually in rental costs currently paid by
CHS.
Over time, the purchase strengthens the County's financial position by reducing reliance on external leases, securing a
long-term asset, and yielding significant cost savings that support operational sustainability. Additionally, acquiring this
building will support the co -location of all housing, human, and veteran services, providing residents with easy access to
services in a single, convenient location.
Upon the association's transition to the County, the County will evaluate the best approach for managing the building,
assess the most effective way to transfer the association's responsibilities, and take the necessary steps to do so. Real
Property Management will coordinate with the association and the County Attorney's Office to determine and
implement any necessary updates to the governing documents for the Board's consideration. Additionally, Real
Property will also begin notifying current tenants of the non -renewal option for their leases.
After the acquisition of the property, the transferred funds will be allocated toward maintenance and capital
improvements. The County will continue collecting Common Area Maintenance ("CAM") fees from tenants as part of
the rent and directly from unit owners. This ensures effective asset management, long-term sustainability, and property
value enhancement.
This item is consistent with the Collier County strategic plan objective by ensuring Collier County has the facilities to
provide its citizens access to health, wellness, and human services.
FISCAL IMPACT: The cost of appraisals, title work and inspections is $23,375. Sources of funding provided below.
Ongoing CHS will also receive $1,409.76 per month in Condominium Association fees, and $276.77 per month in
`reserve' fees from the owner (Joseph D. Stewart, P.A.) of units # 302, 304 & 306. At Closing, any funds currently held
by the Association (the 3 Wells Fargo accounts held in Court Plaza III Condominium Association, Inc.'s name) in the
amount of approximately $152,000.00 (the "Association Funds") shall be transferred to the Purchaser or to the
designated County account, as directed by the Purchaser. Additionally, CHS will receive the following Rent / Lease
payments and security deposits from the following tenants, as outlined below. Revenue will be deposited in the
Community & Human Services Grant Support Fund (1806), and any unrestricted revenue will be used to offset the
annual general fund contribution.
The total acquisition amount is not to exceed $3,579,775.00 which includes 2 appraisals, an inspection, title policy,
recording, search, and closing costs too.
Tenant Monthly Annual Security
Rent Rent Deposits
01, 103Department $5,217.03 $62,604.36 N/A
of Juvenile
Justice (State
of Florida)
02 Collier $3,100.00 $37,200.00 N/A
County
Counseling
04 Law Offices $2,399.54 $28,794.52 $2,240
of James W.
Chandler,
Annual Lease Start Lease End SQFT of Unit
Rent Date Date
Increase
3% 12/01/2024 11/30/2029 2,013
3% 2/01/2025 1/31/2026 764
3.5% 2/01/2023 2/01/2026 1,001
Page 35 of 94
2/25/2025
Item # 16.13.3
ID# 2025-343
P.A.
1, 303Law Offices $2,273.27 $27,279.24 $2,000 3% 4/01/2021 3/31/2027 1,860
of Lisa C.
Mead, P.A.
On November 12, 2024, the division recognized $1,612,320.62 in interest earned from ERAP1, ERAP2, CLFRF, and
LATCF programs. These funds were transferred to reserves within the Grant Support Fund (1806). A budget
amendment is required to allocate $1,487,320.62 of that from these reserves to Projects 33734, 33761, 33765, and
33843. The remaining $125,000 will stay in reserves for future grants requiring matching contributions.
Additionally, the CCAP Project (33699) within the Grant Support Fund (1806) has $743,566.38 in remaining local
funding available to support this acquisition. Historically, CCAP local funding has been used to secure offsite rental
space for staff delivering housing programs. Utilizing these funds will enable staff to continue providing community
assistance programs.
Further, $1,348,888 in Local Tribal Consistency Fund (LATCF) funding within the Community & Human Services
Grant Fund (1835), Project 33843, is available for this acquisition. LATCF funds serve as a general revenue
enhancement program, supporting eligible uses such as general government operations, personnel costs, and
administrative facilities. These funds currently support lease agreements for office space at Court Plaza III.
GROWTH MANAGEMENT IMPACT: This purchase is consistent with the County's Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval.
-SAA
RECOMMENDATIONS: To approve the attached Purchase and Sale Agreement and both Addendums and accept the
Warranty Deed once it has been received and approved by the County Attorney's Office; 2) Authorize the Chairman to
execute the Agreement and any and all other County Attorney's Office -approved documents related to this transaction;
3) Authorize the County Manager or designee to prepare related vouchers and Warrants for payment; and 4) Direct the
County Manager or designee to proceed to acquire this parcel, to follow all appropriate closing procedures, to record the
deed and any and all necessary documents to obtain clear title to this parcel, and to take all reasonable steps necessary to
ensure performance under the Agreement.
PREPARED BY: Grant Cox, Property Acquisition Specialist, Real Property Management, Transportation Management
Services Department
ATTACHMENTS:
Court Plaza III Purchase Agreement & Addenda
Map of Subject Property
Tenant Leases and Addenda
Collier County Leases
BA Fund 1806 Courtplace purchase- Reserves
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TAX lO NUMSERS 28681 500024. 269515000210. 28681500066. 28681500oE2, 2E5g 15001 18. 2868150012.l . 26661 500147
2ffi 1500163, 18681500189, 28681 500202. 2868150O22E, 266E15002ir4, 28681500286. 26681 500325
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between Bigi & Bigi LLC, a Florida
limited liability company, whose address is 144 Governors Hill Road, Oxford, CT 06478
(hereinafier referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the
State of Florida, its successors and assigns, whose address is 2685 Horseshoe Dr. S.,
Suite 103. Naples, FL 34104 (hereinafter referred to as "Purchaser").
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred
to as "Property"), located in Collier County, State of Florida, and being more particularly
described in Exhibit "A", attached hereto and made a part hereof by reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and lo
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
1.01 ln consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall
purchase from Seller the Property, described in Exhibit "A".
1.02 On or before the Closing, at its sole cost and expense, Seller shall prepare
and deliver all necessary documents to assign to Purchaser all of Seller's
rights, title, and interest in and to the existing leases for the Property, including
any security deposits held there under (the "Leases"). The form of the
assignment and assumption of lease documents shall be agreed upon during
the lnspection Period. Seller shall indemnify and hold Purchaser harmless
from any liabilities, obligations, or claims arising under the Leases prior to the
Closing Date
1.03 On Closing, seller shall ensure that all funds currently held by the Association
in the three Wells Fargo accounts under the name of Court Plaza lll
Condominium Association, lnc. in the approximate amount of $152'000 (the
,,Association Funds") are transferred to Purchaser or to a designated county
account, as directed by the Purchaser. Seller shall take all necessary steps to
ensure all necessary actions to facilitate the timely and complete transfer of
CC Agre€menl 06/'10/2024
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WITNESSETH
I. AGREEMENT
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TAX tD NUMAERS 28681500024. 26851500040. 28681500066. 26661 500062. 286E15001 18. 286E1500121 . 28681500147
286815OO163. 18691 500189. 286815fl)202. 29681500228. 266815002,[4. 26661500285 28681500325
lhese funds. Seller represents and warrants that (i) the amount of the
Association Funds is accurate and as stated above, (ii) no encumbrances,
claims, or other liabilities exisl against the Association Funds, and (iii) the
transfer of the Association Funds to the Purchaser or to lhe designated
account shall be completed without delay
II PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be Three
Million Five Hundred and Fifty Thousand Dollarc and 00/100 dollarc
($3,550,000.00), (U.S. Currency) or the average of two appraisals engaged by the
Purchaser, whichever is lower, payable at time of closing; provided and if the Board
of County Commissioners does not approve the Purchase Price of Three Million Five
Hundred and Fifty Thousand Dollars and no/100 dollars ($3,550'000.00)' Seller shall
have the right to rescind the Purchase Agreement.
ilt. cLo SING
Page 2 of 17
3.0't The Closing (THE "CLOSING DATE", "DATE OF CLOSING". OR "CLOSING") of the
transaction shall be held on or before one hundred and eighty (180) days following
execution of this Agreement by the Purchaser, or within thirty (30) days of
Purchaser's receipt of all closing documents, whichever is later. However, should
there be any delay related to Seller's payment of the Association Funds to
Purchaser, the Closing may be extended by no more than fifteen (15) days by mutual
agreement of both Parties. The Closing shall be held at the office of the insuring title
company or by mail. The procedure to be followed by the parties in connection with
the Closing shall be as follows:
3.011 seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable tifle standards adopted by the Florida Bar and in accordance with law At
the closing, the seller shall cause to be delivered to the Purchaser the items
specified hlrein and the following documents and instruments duly executed and
acknowledged, in recordable form:
3,0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions, or conditions of record'
3.0't 12 Combined Purchaser-Seller closing statement'
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TAX tONUMAERS 28681500024. 2585 t 5oOOaO. 28681500066. 2868150O0E2. 2868',15001 18. 28661500121 266815001.7
28681500163. r 8681500189. 28681500202.2eg}1fi0228, 28581500214, 28681500285. 285E1s00325
3.01 13 A "Gap Tax Proration, Owner's Non-Foreign Affidavit", as required by
Section 1445 ol the lnternal Revenue Code and as required by the title
insurance underuvriter to insure the "gap" and issue the policy contemplated
by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer ldentification and Certification" as
required by the lnternal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered
to the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount egual to the
Purchase Price. No funds shall be disbursed to seller until the Title company
verifies that the state of the title to the Property has not changed adversely
since the date of the last endorsement to the commitment, referenced in
Section 4.01 1 thereto, and the Title Company is irrevocably committed to pay
the Purchase Price to seller and to issue the owner's title policy to Purchaser
in accordance with the commitment immediately after the recording of the
deed.
3.0122 Funds payable to the Seller representing the cash payment due-at
closing in accordance with Article lll hereof, shall be subject to ad,ustment for
prorations as hereinafter set forth.
3.0.123 Association Funds, as described in section 1.03. Seller shall ensure
that all funds held by the Association are transferred to the Purchaser or to a
designated County account at Closing' as directed by the Purchaser, in
accordance with Section '1 .03.
3.0124 lf Seller is unable to or otheruvise fails to transfer the Association Funds
to Purchaser or to a designated county account at closing, the amount of the
Association Funds shall be deducted from the Purchase Price'
3.ol25Allnecessaryapprovalsfromtheapplicablegoverningcommunity
associations, as determined necessary by the Title Company
3.02 Each party shall be responsible for payment of its own attorney's fees seller,
at its sole cost and e*pense, shall pay at closing all documentary stamP taxes d-ue
relating to the recording of the warranty Deed, in accordance with chapter 201 .01 ,
FloridJ Statutes, Title bompany Closing Fee, and the cost and electronrc fee of
recording any instruments necessary to clear seller's title to the Property. The cost
of the Oinels Form B Title Policy, iisued pursuant to the Commitment provided for
in Section 4.01'l below, shalt be paid by Purchaser.
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3.03 Purchaser shall pay for the cost of recording the Wananty Deed. Real Property
taxes shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions and
paid by Seller. lf Closing occurs at a date which the current year's millage is not
fixed, taxes will be prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CO DITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent to
the Closing:
4.011 Within fifteen (15) days after the date hereof' Purchaser shall request as
evidence of title an ALTA Commitment for an owner's Title lnsurance Policy
(ALTA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any, which
obligations shalt be paid at closing. lf the title commitment contains exceptions
thaimake the title unmarketable, Purchaser shall deliver to the Seller written
notice of its intention to waive the applicable contingencies or to terminate this
Ag reement.
4.012 lf Purchaser shall fail to advise the seller in writing of any such objections
in seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's obiection to title, seller
shall have thirty (30) days to remedy any defects to convey good and marketable
title at Seller's expense, except for liens or monetary obligations which will be
satisfied at closing. Seller, at its sole expense, shall use its best efforts to make
such title good and marketable. ln the event seller is unable to cure said
objections within said time period, Purchaser, by providing written notice to
Seller within seven (7) days after expiration of said thirty (30) day period, may
accept title as it then is, waiving any objection: or Purchaser may terminate the
Agreement. A failure by Purchaser to give such wriften notice of termination
*i-thin the time period provided herein shall be deemed an election by Purchaser
to accept the exceptions to title as shown in the title commitment'
4.013 seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within ten (10) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
crirrent survey of the Propefi prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the iotal acreage referenced in Exhibit "A," unless the difference in
CC Agreerient 06/10/2024
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TAX tO NUMBERS 28681500024. 2686150OOr0, 28581 500066. 28681500082. 266615001 16. 28681500121 206015m147
28681500r63. 1868't500189.286E1500202,28681500228,286815002.4.2E6E1500286.2E681500325
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acreage revealed by survey exceeds 5% of the overall acreage. lf the survey
provided by Seller or obtained by Purchaser, as certified by a registered Florida
surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack of
legal access to a public roadway, the Purchaser shall notify the Seller in writing
of such encroachment, projection, or lack of legal access, and Seller shall have
the option of curing said encroachment or proiection, or obtaining legal access
to the Property from a public roadway, within sixty (60) days of receipt of said
written notice from Purchaser. Purchaser shall have ninety (90) days from the
effective date of this Agreement to notify Seller of any such obiections. Should
Seller elect not to or be unable to remove the encroachment, projection, or
provide legal access to the property within said sixty (60) day period, Purchaser,
by providing written notice to Seller within seven (7) days afler expiration of said
sixty (60) day period, may accept the Property as it then is, waiving any obiection
to the encroachment, or projection, or lack of legal access, or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the Property with the encroachment, or projection, or
lack of legal access.
4.014 Seller agrees to fix, repair, or renovate all items in Exhibit B.
V. INSPECTION PERIOD
P.ge 5 of t7
5.01 Purchaser shall have one hundred twenty (120) days from the date of this
Agreement, ("lnspection Period"), to determine through appropriate investigation
that:
.l . soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking' soil stabilization or foundations'
2. There are no abnormal drainage or environmental requirements to the
development of the ProPertY.
3. The pioperty is in compliance with all applicable State and Federal environ-
mental laws and the Property is free from any pollution or contamination.
4. The Property can be utilized for its intended office space and satisfactory
completion of items in Exhibit B
5.02 lf Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the lnspection
periodl written notice of its intention to waive the applicable contingencies or to
terminatethisAgreement.lfPurchaserfailstonotifytheSellerin.*1'Jin99jit.
specificobjectionsasprovidedhereinwithinthelnspectionPeriod,itshall.be
OEemeO tnit tne Purchaser is satisfied with the results of its investigations and the
.o"ii^g"r.i"" of this Article V shall be deemed waived. ln the event Purchaser elects
CC Agreamcnl 06/1 0/202'l
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TAX tD NUMBERS 2E681500024.26E5ts@0.0.28681500066.2668!500082.28681500'18.28681500121 286E1500147
28681500163, r8681500189,28681500202,28681500228.28681500244,28581500286.28581500325
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to terminate this Agreement because of the right of inspection, Purchaser shall
deliver to Seller copies of all engineering reports and environmental and soil testing
results commissioned by Purchaser with respect to the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or ils authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of current year taxes, and shall
be paid by Seller.
IX. TER MINATION AND REMEDIES
9.01 lf seller shall have failed to perform any of the @venants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement
by giving written notice of termination to seller. Purchaser shall have the right to
s6e-r ano enforce all rights and remedies available at law or in equity to a contract
vendee, including the right to seek specific performance of this Agreement
9.02 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
io each ofthe partie! and take into account the peculiar risks and expenses ofeach
of the parties.
SELLER .S AND P URCHAS ER'S REPR IONS AND WARRANTIESESENTATx
'10.01 Seller and Purchaser represent and warrant the following
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TAX lO NUMBERS 2868150002,1. 26861 5OOO,iO. 2E681500066. 28681 500Oa2, 28601500.1 18, 2868150Ot 21 , 286815001:17
286Er 500153, 166E1500189,28681500202.2858150022E.2E581500244.286E1500286.2868i500325
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
(e
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TAX tDNUMBERS 286at 5oOO24. 2586150@aO. 28681500066. 26681500082. 28661500t 18. 286E1500121 28681500147
28681s00163 186815001E9.28681500202.2l,6/E1fo0228.2E6E150024,.28681500266.28581500325
10.01 'l Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending'
threatened or contemplated bankruptcy proceeding. Seller further represents
the Property is free from any and all occupants, tenants, and other persons or
entities claiming possession of the Property at the time of closing. This provision
shall survive closing.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary authorizations
and approvals have been obtained authorizing Seller and Purchaser to execute
and consummate the transaction contemplated hereby. At Closing, certified
copies of such approvals shall be delivered to Purchaser and/or Seller, if
necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to
thL said Property shall not be deemed to be full performance and discharge of
every agreement and obligation on the part of the Seller to be performed
pursuant to the provisions of this Agreement.
10.0'14 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against seller, at
iaw, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property
that could, if continued, adversely affect Seller's ability to sell the Property to
Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for closing, so long as this Agreement remains in
force and effect, seller shall not encumber or convey any portion of the Property
or any rights therein, nor enter into any agreements granting any person or entity
any rrghis with respect to the Property or any part thereof, without first obtaining
ttre viritten consent of Purchaser to such conveyance, encumbrance, or
agreement which consent may be withheld by Purchaser for any reason
whatsoever.
10.017 Seller represents that they have (it has) no knowledge that there is or
ever has been incinerators, septic tanks, or cesspools on the Property; all waste,
if any, is discharged into a public sanitary sewer system; seller represents that
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TAX tD NUMBERS: 28681500024. 2586t soOOaO, 286E',r 500066. 286E1500082. 2E681500118, 286a1500121 . 286815001.7
28681s00163. r 8681 sOO',l89. 286El sOO202, 28681500226. 286815002.4, 28681500286. 28681500325
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they have (it has) no knowledge that any pollutants are or have been discharged
from the Property, directly or indirectly into any body of water. Seller represents
that to their knowledge the Property has not been used for the production,
handling, storage, transportation, manufacture, or disposal of hazardous or toxic
substances or wastes, as such terms are defined in applicable laws and
regulations, or any other activity that would have toxic results, and no such
halardous or toxic substances are currently used in connection with the
operation of the Property, and there is no proceeding or inquiry by any authority
with respect thereto. seller represents that they have (it has) no knowledge that
there is ground water contamination on the Property or potential of ground water
contamination kom neighboring properties. seller represents that they have (it
has) no knowledge that there is or ever has been any storage tanks for gasoline,
or any other subitances are or were lOcated on the Property at any time during
or prilr to Seller's ownership thereof. Seller represents that they have (it has)
no knowledge that any part of the Property has ever been used as a sanitary
landfill.
10.0.18 Seller has no knowledge that the Property and seller's operations
concerning the Property are in violalion of any applicable Federal, state or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or
regulation or requiring or calling attention to the need for any work, repairs,
co-nstru"tion, alterations or installation on or in connection with the Property in
order to comply with any laws, ordinances, codes or regulation with which seller
has not complied.
10.019 seller has no knowledge of unrecorded leases. licenses or other
possessory interests, restrictions, easements, or rights of wa1 (other than
existing zoning regulations) that restrict or affect the use of the Proper$, and
there ire no haintenance, construction, advertising, management, leasing,
employment, service, or other contracts affecting the Property'
10.020 seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments,pay-backagreements,pavingagreements,roadexpansionor
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, ldministrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending.or
threate-ned which affects the Property or which adversely affects seller's ability
to perform hereunder; nor is there any other charge or expense upon or related
to ihe property which has not been disclosed to Purchaser in writing prior to the
effective date of this Agreement
Page 646 of 2568
TAX IDNUMBERS 2E6815OOO2.|,26861g)OO4O.28681500066 286615O0OE2.2868150011E.28681500121.286E15001/.7
2E6E1500163 1E581500189.28681500202.28681500228.2E68150024a,28681500286.28681500325
CC Agraemcnt 06/.|0/2024 '*'((\
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement
up to and including the Date of Closing. Therefore, Seller agrees not to enter
into any contracts or agreements pertaining to or affecting the Property and not
to do any act or omit to perform any act which would change the zoning or
physical condition of the Property or the governmental ordinances or laws
governing same. Seller also agrees to notify Purchaser promptly of any change
in the facts contained in the foregoing representations and of any notice or
proposed change in the zoning, or any other action or notice, that may be
proposed or promulgated by any third parties or any governmental authorities
having jurisdiction of the development of the property which may restrict or
change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall be
in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S C. Section 9601' et
seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA), including any
amendments or successor in function to these acts. This provision and the rights
of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by
conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense
XI. NOTICES
11.0'1 Any notice, request, demand, instruction, or other communication to be given
to either party hereunder shall be in writing, sent by facsimile with automated
confirmation of receipt, or by registered, or certified mail, return receipt requested,
postage prepaid, and with notification to the other Party sent via email containing
ine tricfing number and/or fax number (if applicable) of such notice addressed as
follows:
Page 647 of 2568
rAx TDNUMBERS 28681500024.26861500040 286815m066,286E150@82.28681500118.26661500121.28661500147
28681500163 18581 5oO 189. 28681500202. 2668150022E, 28681500244. 2E6E1s00286. 2E661500325
lf to Purchaser:
Vvith a copy to:
lf to Seller Bigi & Bigi LLC
A Florida limited liability company
144 Governors Hill Rd
Oxford. CT 06478
Telephone number: 347 -225-6599
Fax number: N/A
Email: Ari@Ea stCoastGrouoRea Itv.Com
1 1 .02 The addressees and numbers for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the
manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last addressee
and respective address stated herein shall be deemed to continue in effect for all
purposes,
XI I- REAL ESTATE BROKE
xlll MISCELLANEOUS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility of
the seller. seller shall indemnify Purchaser and hold Purchaser harmless from and
against any claim or liability for commission or fees to any broker or any other
p6rron o1 party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a separate
agreement, if any.
.13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
Paqe l0 of 17
Kristi Sonntag, Division Director
Community & Human Services
3339 Tamiami Trail E Bldg H Suite 213
Naples, Florida 34112
Email: Kristi.Sonntaq@colliercounMl.oov
Attn: Grant Cox
Collier County Real Property Management
2685 Horseshoe Dr. S., Suite 103
Naples, Florida 34104
Telephone number: 239-252-537 3
Fax number: 239-252-8876
Email: Grant.Cox@colliercountvfl .qov
a"€-]
CC Agreement 06/10/2024
Fq
Page 648 of 2568
TAX tD NUMAERS 2E66150002,1, 26861 5OOO4O. 28581500066. 28681500082, 265815001 'l8. 28681 50012,| . 286815001,{7
2868'r 5001 63. 186ar 500189. 28681500202, 28681500228. 2868',1500244. 28681 500286. 28681500325
'13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors.
personal representatives, successors, successor trustee, and assignees whenever
the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.M Captions and section headings contained in this Agreement are for
convenience and reference only, in no way do they define, describe, extend, or limit
the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be efiective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to which
it is related and shall not be deemed to be a continuing or future waiver as to such
provision or a waiver as to any other provision.
13.07 lf any date specified in this Agreement falls on a Saturday, Sunday' or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to accrptance and approval by the Board of county
Commissioners of Collier County, Florida.
.13.09 lf the seller holds the Property in the form of a partnership, limited partnership,
corporation, trust, or any form of representative capacity whatsoever for others,
Selier shall make a written public disclosure, according to Chapter 286, Florida
statutes, under oath, of the name and address of every person having a beneficial
interest in the Property before Property held in such capacity is conveyed_to collier
county. (lf the corporation is registered with the Federal Securities Exchange
commission or registered pursuant to chapter 517, Florida statutes, whose stock
is for sale to the gLneral public, it is hereby exempt from the provisions of Chapter
286, Florida Statutes.)
Page 11 of t7
CC Agreement 06/,|0/2024
hs @
Page 649 of 2568
TAX TDNUMBERS 28561500024.26861500040.28581500066.2668',r500082 2E6Er 5001 t8.28581500121,286815m147
20681 500163. 166E1500189 28681500202. 28681500228.2*A150f2.1.28681500286. 28661500325
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida
XIV, ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty, or
covenant not included in this Agreement, or any such referenced agreements has
been or is being relied upon by either party No modification or amendment of this
Agreement shall be of any force or effecl unless made in writing and executed and
dated by both Purchaser and Seller. Time is of the essence of this Agreement
XV,Ar]NG[\,ll ENT OF P r]TtrNTIAI F lt TUR tr I tqtrKNOWLE
.15.01 Any development rights or credits available on the Property are relinquished
by the seller and conveyed to the Purchaser at closing as part of the sale of the
Property.
S/GNATURES APPEAR ON THE FOLLOWNG PAGES
CC Agrssment 06/102024 Paga 12 ol 1?
t3\h\
Page 650 of 2568
TAX lO NUMBERS: 2E6ElsOOO2it. 2686t 50OOa0. 2E681500065. 2858150O0E2. 286815001 1E 28681500121 2E6E 15O01/t7
28681s00163. 18681500189.28681500202.28681500228.286E1500214.286E1s00286.2868150032s
lN WTNESS WHEREOF, the parties hereto have signed below
Dated ProjecUAcquisition Approved by BCC:--
AS TO PURCHASER:
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court and Comptroller
By:
, Deputy Clerk Burt Saunders, Chairman
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Page '13 of 17
CC AgrorrEnt 06/108024
hQ (e
Page 651 of 2568
TAX lONUMBERS 28681500024.26E6l50OO/r0,28681500066 28581 5@082, 2868150Ot 16, 28581500121. 266a15001.7
28681500163. 18681500't89.28681500202.28681500228.28681500244,28681500286.26661500325
AS TO SELLER:
Bigi & Bigi, LLC
A Florida limited liability company
DATED.O."?1 , Jo?q
By:
Print Name: Al Bigi
Title : Manager
Approved as to form and legalily:
. Assislanl
Pag€ 1a ol'17
CC Aqreement 06i 10i2024 S-*
A9 @
Page 652 of 2568
TAX tO NUMEERST 2868t 50002.. 2686150@.0. 28681 500066. 28681 500082. 28681500118. 286E1500121, 28581500147
2663r sOO163. 18681 500189. 286E1500202. 2868 t 500226, 285815002.4. 28661s00286. 2868150032s
EXHIBIT ..A"
267.t Airport Road south, Naples, FL 34112 is 1 .17 Acres zoned as c3, and includes a
3 story 18,600 GBA square feet +/- condominium office building which consists of
16,000 square feet +/- of office condo space, and 76 parking spaces.
unit # 101's Legal Description is (Folio # 28681 500024): Unit 101 and 103 of court
Plaza lll, a condominium, according to The Declaration of condominium recorded in
O.R. Book 1859, Page 1710, as amended in O.R. Book 3603, page2641' and all
exhibits and amendments thereof, Public Records of collier county, Florida.
unit # 102's Legal Description is (Folio # 28681500040): Unit No. 102 and 104 of court
Plaza lll, a Condominium, according to The Declaration of Condominium recorded tn
O.R. Book 1859, Page 1710, and ail exhibits and amendments thereof, Public Records
of Collier County, Florida.
Unit # 103's Legal Description is (Folio # 28681500066): Unit 101 and 103 of court
Plaza lll, a con-dominium, according lo The Declaration of condominium recorded in
O.R.Book1859,Page1710,asamendedinOR.Book3603,page2641,andall
exhibits and amendments thereof, Public Records of collier county, Florida.
Unit # .t 04's Legal Description is (Folio # 28681 500082): Unit No. 1 02 and 1 04 of court
Plaza lll, a condominium, according to The Declaration of condominium recorded in
o.R. Book 1859, Page 1710, and all exhibits and amendments thereof, Public Records
of Collier County, Florida.
Unit # ,,|06's Legal Description is (Folio # 28681500118): unit No. 106 of courtPlaza lll.
A Condominiuri', according to The Declaration of Condominium recorded in O R. Book
t eSS, eage 1710, and all ixhibits and amendments thereof, Public Records of Collier
County, Florida.
Unit # 201',s Legal Description is (Folio # 28681500121): Unit 201, 203, and 206 Court
Plaza lll a condominium, according to the Declaration of condominium thereof
recorded in official Record Book t859, Pages l7'to through 1773, inclusive, and as
thereafter amended or modified, of the Public Records of collier county' Florida.
Unit # 202's Legal Description is (Folio # 28681500147): Unit 202,204, and 205 Court
ilaza lll, a Con-dominium, according to the Declaration of Condominium thereof
recorded in official Record Book 1859, Pages 1710through 1773, inclusive, and as
thereafier amended or modified, of the Public Records of collier county' Florida.
CC AgGemcnt 06/10/2024
h9
Page 15 ol 17
Page 653 of 2568
TAx IDNUMBERS 28681500024. 26851500040. 28581500066, 28661500082. 2868150ol 16. 28681500121 286815001.17
28681500163. 18681500189.28581500202 28681500228.28681500244.2E5E1500286.26661500325
Unit#203's Legal Description is (Folio#28681500163): Unit201 ,203, and 206 Court
Plaza lll a Condominium, according to the Declaration of Condominium thereof
recorded in Of{icial Record Book 1859, Pages 1710 through 1773, inclusive, and as
thereafter amended or modified, of the Public Records of Collier County, Florida.
Unit # 206's Legal Description is (Folio # 28681500228): Unit 201 , 203' and 206 Court
Plaza lll a Condominium, according to the Declaration of Condominium thereof
recorded in official Record Book 1859, Pages'l710through 1773, inclusive, and as
thereafter amended or modified, of the Public Records of Collier County, Florida.
Unit # 301's Legal Description is (Folio * 28681500244): Unit Nos. 301, 303, and 305 of
Court Plaza lll, a Condominium, according to The Declaration of Condominium
recorded in O.R. Book 1859, Page 1710, as amended in O.R. Book 3603' Page 2641,
and all exhibits and amendments thereof, Public Records of collier county, Florida.
Unit # 303's Legal Description is (Folio # 28681 500286): Unit Nos 30'1 , 303, and 305 of
Court Plaza lll, a Condominium, according to The Declaration of Condominium
recorded in O.R. Book 1859, Page 1710, asamended in O.R. Book 3603' Page2641,
and all exhibits and amendments thereof, Public Records of Collier County, Florida.
Unit # 305's Legal Description is (Folio # 28681500325): Unit Nos. 301. 303. and 305 of
Court Plaza lll, a Condominium, according to The Declaration of Condominium
recorded in O.R. Book 1859, Page 1710, as amended in O.R. Book 3603' Page 2041,
and all exhibits and amendments thereof, Public Records of Collier County, Florida.
Page 16 of 17CC Agreement 06/10/2024
N9
Unit # 204's Legal Description is (Folio # 28681 500189): Unit 202, 204, and 205 Court
Plaza lll, a Condominium, according to the Declaration of Condominium thereof
recorded in Ofiicial Record Book 1859, Pages 1710through 1773, inclusive, and as
thereafter amended or modified, of the Public Records of Collier County, Florida.
Unit # 205's Legal Description is (Folio # 28681 500202): Unit 202, 204. and 205 Court
Plaza lll, a Condominium, according to the Declaration of Condominium thereof
recorded in Ofiicial Record Book '1859, Pages 1710 through 1773, inclusive, and as
thereafter amended or modified, of the Public Records of Collier County, Florida.
C
Page 654 of 2568
TAX IDNUMBERS 28661500O2,a. 26861500040, 2E5E 1500066. 286815O0OE2. 2E58150O I I E. 28581500121 266615001'a7
28681500163. 1868 ! 5oO 189. 28681500202. 2E581500228. 286815002... 2E6E1500285. 2E661500325
Exhibit "B"
l.lnstall a handicap door at the NE entrance to ensure ADA compliance.
2. Replace / repair mirrors and gates throughout the property to ensure functionality
and safety.
3. Replace all screens in windows and doors to ensure they are in proper working
order.
4. Provide additional handicap parking spots to meet accessibility standards. Three
additional handicap parking spots are required.
5. Repair cracked tiles on the first and second floors' e.g. lobby, common areas to
improve appearance and safetY.
6. Repair or replace keY code box.
7. Add railing to front step for safety.
8. Provide updated and current inspection certification for service of elevator.
9. Resurface the 4 foot by 4 foot area of parking lot that is bubbling, and replace the
asphalt. Seal coat and re-stripe the entire parking area for the Property'
Pago 17 of l7
CC Agreement 06/1 0/2024 Nt€
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