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Agenda 10/14/2025 Item #16K10 (County Attorney after-the-fact filing of a lawsuit on behalf of Collier County Board of County Commissioners against Bigi & Bigi, LLC)10/14/2025 Item # 16.K.10 ID# 2025-4226 Executive Summary Recommendation to approve after-the-fact the filing of the lawsuit, Board of County Commissioners of Collier County Florida v. Bigi & Bigi, LLC, Case No. 25-CA-2221, seeking specific performance of an Agreement of Sale and Purchase, including Addenda and the First Amendment thereto, of fourteen units within the “Court Plaza III” located at 2671 Airport Road South, Naples, Florida, and approve the costs of litigation. OBJECTIVE: For the Board of County Commissioners to provide after-the-fact approval to the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Bigi & Bigi, LLC to seek specific performance of an Agreement of Sale and Purchase, including Addenda and First Amendment thereto, of fourteen units within the “Court Plaza III” located at 2671 Airport Road South, Naples, Florida, plus costs of litigation. CONSIDERATIONS: On February 25, 2025, the Board of County Commissioners (Board) entered into an Agreement for Sale and Purchase (inclusive of Addendum and Second Addendum) of fourteen units within the “Court Plaza III” located at 2671 Airport Road South, Naples, Florida (the “Property”) with Seller, Bigi & Bigi, LLC, a Florida limited liability company, for a purchase price of $3,556,400.00 (the “Contract”). The Property is a three-story, 18,600 GBA square foot condominium office building which consists of 16,000 square feet of office condo space (configured into fourteen separate units) as well as 76 parking spaces. The Property is located across the street from the Collier County Government Center campus and the County’s Community and Human Services Department currently leases space within the Court Plaza III. The Contract called for an Inspection Period of 120 days (June 25, 2025) and a Closing Date deadline within 180 days (August 25, 2025). On June 10, 2025, the Board of County Commissioners entered into a First Amendment to Agreement for Sale and Purchase which extended the Inspection Period through September 23, 2025, and extended the Closing Date deadline to November 22, 2025. On September 22, 2025, the manager of Bigi & Bigi, LLC e-mailed the Manager of Collier County Property Acquisition, Jennifer Belpedio, stating that the Contract is “null and void” and that he is relisting the Property for sale to third parties. As of September 29, 2025, the Property was re-listed for $4,100,000.00. Based on prior conversations with Bigi & Bigi, LLC’s agents and the commercial listing, County staff believes Bigi & Bigi, LLC is seeking to void or rescind the validly executed Contract with the County to imminently sell the Property to a third party at a higher price. On September 23, in response to an email query from the County Attorney, the County Manager stated, “We would like to enforce the agreement due to the proximity of the building to campus.” Therefore, the County Attorney’s Office prepared and filed a Complaint, Notice of Lis Pendens, and Emergency Motion for Temporary Injunction against Bigi & Bigi, LLC to enjoin it from marketing and selling the Property during the pendency of the lawsuit. FISCAL IMPACT: Funds are budgeted and available in Fund 1835.138705.634999.33843.1. Filing fees, service and process fees total approximately $1,980.00. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been reviewed by the Office of the County Attorney, is approved as to form and legality and requires a majority vote for approval. - RTT RECOMMENDATIONS: To approve after-the-fact the filing of the lawsuit, Board of County Commissioners of Collier County Florida v. Bigi & Bigi, LLC, Case No. 25-CA-2221, seeking specific performance of an Agreement of Sale and Purchase, including Addenda and the First Amendment thereto, of fourteen units within the “Court Plaza III” located at 2671 Airport Road South, Naples, Florida, and approve the costs of litigation. PREPARED BY: Ronald T. Tomasko, Assistant County Attorney Jennifer Belpedio, Manager, Property Acquisition ATTACHMENTS: Page 5692 of 6526 10/14/2025 Item # 16.K.10 ID# 2025-4226 1. FILED Complaint Bigi 2. FILED Notice Of Lis Pendens Bigi 3. Filed Emergency Motion For Injunction Relief Bigi Page 5693 of 6526 Filing # 232537928 E-Filed 09/29/2025 01:12:35 PM Page 5694 of 6526 Page 5695 of 6526 Page 5696 of 6526 Page 5697 of 6526 Page 5698 of 6526 Page 5699 of 6526 Page 5700 of 6526 Page 5701 of 6526 Page 5702 of 6526 Page 5703 of 6526 Page 5704 of 6526 Page 5705 of 6526 Page 5706 of 6526 Page 5707 of 6526 Page 5708 of 6526 Page 5709 of 6526 Page 5710 of 6526 Page 5711 of 6526 Page 5712 of 6526 Page 5713 of 6526 Page 5714 of 6526 Page 5715 of 6526 Page 5716 of 6526 Page 5717 of 6526 Page 5718 of 6526 Page 5719 of 6526 Page 5720 of 6526 Page 5721 of 6526 Page 5722 of 6526 Page 5723 of 6526 Page 5724 of 6526 Page 5725 of 6526 Page 5726 of 6526 Page 5727 of 6526 Page 5728 of 6526 Page 5729 of 6526 Page 5730 of 6526 Filing # 232537928 E-Filed 09/29/2025 01:12:35 PM Page 5731 of 6526 Page 5732 of 6526 Page 5733 of 6526 Page 5734 of 6526 Filing # 232537928 E-Filed 09/29/2025 01:12:35 PM Page 5735 of 6526 Page 5736 of 6526 Page 5737 of 6526 Page 5738 of 6526 Page 5739 of 6526 Page 5740 of 6526 Page 5741 of 6526 Page 5742 of 6526 Page 5743 of 6526 Page 5744 of 6526 Page 5745 of 6526 Page 5746 of 6526 Page 5747 of 6526 Page 5748 of 6526 Page 5749 of 6526 Page 5750 of 6526 Page 5751 of 6526 Page 5752 of 6526 Page 5753 of 6526 Page 5754 of 6526 Page 5755 of 6526 Page 5756 of 6526 Page 5757 of 6526 Page 5758 of 6526 Page 5759 of 6526 Page 5760 of 6526 Page 5761 of 6526 Page 5762 of 6526 Page 5763 of 6526 Page 5764 of 6526 Page 5765 of 6526 Page 5766 of 6526 Page 5767 of 6526 Page 5768 of 6526 Page 5769 of 6526 Page 5770 of 6526 Page 5771 of 6526 Page 5772 of 6526 Page 5773 of 6526 Page 5774 of 6526 Page 5775 of 6526 Page 5776 of 6526 Page 5777 of 6526 Page 5778 of 6526 Page 5779 of 6526 Page 5780 of 6526 Page 5781 of 6526 Page 5782 of 6526 Page 5783 of 6526 Page 5784 of 6526 Page 5785 of 6526 Page 5786 of 6526 Page 5787 of 6526 Page 5788 of 6526 Page 5789 of 6526 Page 5790 of 6526 Page 5791 of 6526 Page 5792 of 6526 Page 5793 of 6526