Agenda 11/10/2025 Item #16K 2 (File a lawsuit on behalf of the Collier County Board of County Commissioners against DIG Telecommunications, Corp., for breach of a Settlement Agreement.)11/10/2025
Item # 16.K.2
ID# 2025-4523
Executive Summary
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County
Commissioners against DIG Telecommunications, Corp., for breach of a Settlement Agreement.
OBJECTIVE: To enforce a Settlement Agreement to recover the money spent to repair a wastewater pipeline.
CONSIDERATIONS: On March 29, 2022, DIG Telecommunications Corp. (“DIG”) bored through a wastewater
pipeline owned and maintained by the County. The County spent $38,147.69 to repair the damaged wastewater pipeline.
On February 7, 2023, the County and DIG entered into a Settlement Agreement whereby DIG agreed to pay the County
$38,147.69 in monthly installments of $3,178.99. DIG made the minimum monthly payments to the County through
August 16, 2024, with total payments made to the County amounting to $25,431.92. Thereafter, DIG ceased making the
minimum monthly payments. On May 5, 2025, the County sent DIG a demand letter notifying DIG that they are in
arrears for $12,715.77 in violation of the Settlement Agreement. To date, DIG has failed and refused to continue making
the minimum monthly payment in accordance with the Settlement Agreement necessitating the filing of a lawsuit.
FISCAL IMPACT: The cost to file and serve the Complaint is approximately $315 and sufficient funds are budgeted
and available in the Risk Management Property & Casulaty Fund (Fund 5016).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for
Board approval. – CLD
RECOMMENDATION(S): To authorize the County Attorney to file a lawsuit on behalf of the Collier County Board
of County Commissioners against DIG Telecommunications Corp. for breach of a Settlement Agreement.
PREPARED BY: Courtney L. DaSilva, Assistant County Attorney
ATTACHMENTS:
1. Complaint_DIG Telecommunications Corp(2)
2. Exhibits
Page 5038 of 6525
[23-RMG-00758/1975573/1] Page 1 of 3
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS,
Plaintiff,
v. Case No.
DIG TELECOMMUNICATIONS CORP.,
Defendant.
__________________________________/
COMPLAINT
COMES NOW, the Plaintiff, COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (the “County”), by and through its undersigned counsel, sues Defendant, DIG
TELECOMMUNICATIONS CORP., and alleges:
PARTIES, JURISDICTION, AND VENUE
1. This is an action for damages that exceeds $8,000.00 but is less than $50,000.00.
2. All of the events giving rise to the instant action took place in Collier County,
Naples, Florida.
3. The COUNTY is a political subdivision of the State of Florida.
4. Defendant, DIG Telecommunications Corp. is a Florida corporation with a
principal place of business at 812 James Ave, Lehigh Acres, Florida 33936.
5. This Court has jurisdiction over the parties and venue is proper in Collier County,
Florida.
COUNT I – BREACH OF CONTRACT
6. On February 7, 2023, Defendant and the County entered into a Settlement
Agreement (“Agreement”), a true and correct copy of which is attached hereto as Exhibit “A.”
Page 5039 of 6525
[23-RMG-00758/1975573/1] Page 2 of 3
7. Pursuant to the Agreement, Defendant acknowledged that it bored through a
wastewater pipeline owned and maintained by Collier County on March 29, 2022. See Ex. A, at.
1.
8. In addition, Defendant acknowledged that the total damages resulting from the
March 29, 2022 incident totaled $38,147.69. See id.
9. Defendant admitted to liability and negligence which caused the County’s damages
in the amount of $38,147.69. See id.
10. Defendant agreed to pay the County the total damages amount of $38,147.89 in the
form of monthly payments of at least $3,178.99 commencing on March 7, 2023 and continuing
thereafter for 12 months or until paid in full, whichever occurs first. See id. at ¶ 4.
11. Defendant further agreed that, should it fail to make the required minimum monthly
payment, Defendant will have ten (10) days to cure the default or else Defendant will be in material
breach of the Agreement. See id. at ¶ 6.
12. Defendant made the required minimum monthly payments to the County through
August 16, 2024. Thereafter, Defendant ceased making the minimum monthly payments to the
County.
13. On May 5, 2025, the County, through their counsel, sent Defendant a demand letter
notifying Defendant that Defendant is in arrears for $12,715.77 pursuant to the terms of the
Agreement and requesting that Defendant resume payments in accordance with the Agreement. A
true and correct copy of the May 5, 2025 letter is attached hereto as Exhibit “B.”
14. To date, Defendant has failed and refused to make the minimum monthly payment
to the County in accordance with the Agreement.
15. Therefore, Defendant breached the Agreement and, as a result, the County has been
Page 5040 of 6525
[23-RMG-00758/1975573/1] Page 3 of 3
damaged in the amount of $12,715.77.
16. Pursuant to the Agreement, Defendant agreed that, should Defendant breach the
Agreement, the County may accelerate all the remaining payments due under the Agreement,
charge prevailing legal interest for the balance of the Agreement until paid, and Defendant will
enter into a consent judgment for any remaining amounts as calculated by Collier County. See Ex.
A, at ¶ 7.
17. Moreover, Defendant agreed that Defendant will be liable for all costs of filing the
judgment and reasonable attorney’s fees incurred by the County to enforce the Agreement. See id.
WHEREFORE, Plaintiff COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS demands judgment against Defendant, DIG TELECOMMUNICATIONS
CORP., for damages in the amount of $12,715.77, including interest, attorney’s fees, and court
costs, and any further relief this Court deems just and proper.
Respectfully submitted,
By: _____________________________
COURTNEY L. DASILVA
Florida Bar No. 1032733
Collier County Attorney’s Office
3299 East Tamiami Trail, #800
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 252-6300
Counsel for Plaintiff COLLIER COUNTY
courtney.dasilva@collier.gov
juanita.garcia@collier.gov
Page 5041 of 6525
EXHIBIT A
Page 5042 of 6525
SETTLEMENT AGRSEMENT
THIS AGREEMENT is made and entered into this \ L*duy of February 2023, by and
between DIG Telecommunications Corp. and Collier County, a Subdivision of the State of
Florida (hereinafter "Collier County").
RECITALS
WHEREAS, DIG Telecommunications Corp. acknowledges that on March 29, 2022,
DIG Telecommunications Corp. bored through a wastewater pipeline owned and maintained by
Collier County.
WHEREAS, DIG Telecommunications Corp. acknowledges the lotal damages resulting
from the March 29, 2022, incident totaled $38,147.69.
NOW, THEREFORE, in consideration thereoi DIG Telecommunications Corp. and
Collier County agree as follows:
1. DIG Telecommunications Corp. waives any right to jury trial and admits liabitity
for damages to Collier County.
2. DIG Telecommunications Corp. admits to liability and admits the negligence
which caused Collier County to incur $38,147.89 in damages.
3. DIG Telecommunications Corp. agrees to make a $3,178.99 down payment on
4. DIG Telecommunications Corp. agrees to pay the balance ofthe total damages of
$38.147.89 in form of monthly payments of at least $3,178.99 per month commencing on the
first of the month immediately following the execution of this Agreement and continuing each
month thereafter on the first of that month for 12 months or until paid in full, whichever occurs
Page 5043 of 6525
first. Ilfirst ofthe month falls on a weekend or holiday, then the payment shall be made on the
following business day
5. Pavments will be made bv certified check or monev order includin,r the claim
nrmher 1I l1(t\6 anrl dete of losc rch ,)9 2022 on the memo line made payable to Collier
County Board of County Commissioners and sent to the Collier County Risk Management
Department, Attn.: Greily Gonzalez, Manager, Risk Finance, 331I Tamiami Trail, East, Building
D, Naples, Florida 341 12.
6. DIG Telecommunications Corp. further agrees, that should it fail to make the
required minimum monthly payment the company will have ten (10) days to cure such a default
and make the payment or DIG Telecommunications will be in material breach of this Agreement.
7. Should DIG Telecommunications Coqp. breach this Agreement, then it agrees that
the County may accelerate all the remaining payments due hereunder, the County may charge the
prevailing legal interest for the balance due until paid, and DIG Telecommunications Corp.
agrees to enter into a consent judgment for remaining amount as calculated by Collier County.
In such a case, DIG Telecommunications Corp. will be liable for all costs ol filing the judgment
and reasonable attomey's fees incurred by the County to enforce this Agreement.
8. All Notices to be given to DIG Telecommunications Corp. shall be made via U.S.
Mail to the last known address provided to the County in wriring.
9. This Agreement shall be govemed by the laws of the State of Florida and shal[ be
deemed to be made and performed in Collier County, Florida.
10. This Agreement shall remain in full force and elfect unless and until terminated
by Collier County.
[23-RMG-0075 8/1 768425/l ]2
Page 5044 of 6525
11. DIG Telecommunications Corp. agrees that it had the opportunity to review this
agreement with an attomey of his choosing or has knowingly and willingly waived that right.
It.r- WI SS WHEREOF the parties have signed this Agreement as set forth below.
Gretter Te1 IG Telecomm unications Corp.
Address: \oOU t-rnCo\n 3\ld
STATE OF FLORIDA
COLTNTY OF COLLIER
who is personally knon'n or hasl produced
as identificatio
t'r-o tary Sig nature
The foregoing Agreement was acknowledged and executed before me by means of "-"physical pr.r.ni. oi online norarization. inir 1$ day ol I-.t..,.,^-....- 2023,i
c
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Print Name
Commissioner Expires:
[23-RMG-0075 8/ ] 768425/ r l
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Page 5045 of 6525
On behalf of C Board of
Grei yG CZ
Collier untv sk Management Department
STATE ORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged and executed before me by means of _
ohv
L:- c
sical presence or _ online notarization, this 'l* day of f-rLc."r-2023, by
. who is personally knowr to mc
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ROSA E VII.URREAI
Conrnbrlon I G0 201320
Edot Ap,n 6,2023
Bn.(lIlrr&t$.tll rar!,tn
No tarv SisnaQ-,;ture
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Approved as to form and
1e 1CS C
P.ffi N"rn.
Commissioner Expires:
v
Ronald T. Tomasko
Assistant County Attorney
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4[23-RMG-00758/ | 76842s/l ]
County Comn;issioners'
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afl
Page 5046 of 6525
EXHIBIT B
Page 5047 of 6525
Office of the County Attorney
Jeffrey A. Klatzkow
Deputy County Attorney • Scott R. Teach
Managing Assistant County Attorneys • Colleen M. Greene • Heidi F. Ashton-Cicko* *Board Certified City, County and Local Government Law
Assistant County Attorneys • Sally A. Ashkar • Derek D. Perry • Ronald T. Tomasko
3299 East Tamiami Trail, Suite 800 • Naples Florida 34112-5749 • (239) 252-8400 • FAX: (239) 252-6300
May 5, 2025
VIA CERTIFIED MAIL #9589 0710 5270 0444 3655 71
AND E-MAIL: digtelecommunications@gmail.com
DIG Telecommunications Corp.
c/o Gretter R. Tejada, Registered Agent
812 James Ave.
Lehigh Acres, FL 33936
RE: In Arrears of Settlement Agreement
Dear Gretter Tejada:
This matter has been forwarded to the County Attorney’s Office for future handling. On February
7, 2023, you entered into a Settlement Agreement with Collier County, attached for reference,
relating to when your company bore into the County’s wastewater pipeline on March 29, 2022,
causing damage in the amount of $38,147.89 to the County-owned wastewater pipeline.
You are currently in arrears for $12,715.77 pursuant to the terms of the Settlement Agreement, as
we have not received a payment from you since October of 2024. We will be forced to seek a
judgment against you if you do not resume payments owed to Collier County. Please resume your
monthly payments of $3,178.99 and send your payment, made out to the “Collier County Board
of County Commissioners” with the claim number 1117656 and date of loss March 29, 2022 in
the memo portion of your check, and mail it to:
Collier County Attorney’s Office
Attn: Derek D. Perry, Esquire
3299 East Tamiami Trail, Suite 800
Naples, FL 34112
Failure to remit payment will result in the County Attorney’s Office seeking Board approval to
file suit against you for the full amount of damages, plus any costs of litigation and statutory
interest.
If you are represented by counsel in this matter, please forward this correspondence to your
attorney and please notify me immediately of such representation.
Please kindly respond to this letter within 15 days from the date of receipt.
Sincerely,
Derek D. Perry
Assistant County Attorney
attachment
cc: Michael Quigley, Risk Management Director
Road Maintenance Division
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