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
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