Agenda 12/09/2025 Item #16B22 (Ratify the Third Addendum to Agreement for Sale and Purchase with Bigi & Bigi LLC for Court Plaza III)12/9/2025
Item # 16.B.22
ID# 2025-4882
Executive Summary
Recommendation to: 1) ratify the Third Addendum to Agreement for Sale and Purchase with Bigi & Bigi LLC for Court
Plaza III, a commercial condominium, located at 2671 Airport Road South, 2) acknowledge Collier County’s status as
majority owner and, by operation of the condominium declaration and bylaws, its rights to assume control of the
Association board of directors, 3) authorize actions related to association governance, the organizational meeting, and
interim property management, and 4) authorize dismissal of the lawsuit filed against Bigi & Bigi, LLC, related to the
acquisition.
OBJECTIVE: To ratify the Third Addendum to Agreement for Sale and Purchase executed by the County Manager and
to obtain direction so that Collier County, as majority owner, complies with Chapter 718, Florida Statutes and other
applicable condominium law in managing the Court Plaza III Association to include maintaining the common elements
and common areas, and administering Association funds in accordance with its fiduciary obligations.
CONSIDERATIONS: On February 25, 2025 (Agenda Item 16B3), the Board of County Commissioners (“Board”)
approved the purchase of fourteen commercial condominium units within Court Plaza III from Bigi and Bigi, LLC and
authorized execution of the Agreement for Sale and Purchase. On that same day, the Board also approved the purchase
of one commercial condominium unit from Joseph Stewart, PA.
At the County Manager’s direction, the County Attorney’s Office filed legal action to compel Bigi & Bigi to close under
the agreement, and the Board of County Commissioners later ratified that action.
Third Addendum for Ratification:
As the closing approached, a Third Addendum was needed to resolve several key points. The County Manager executed
the Addendum due to the tight closing timeline. The Third Addendum addresses:
1. Association funds. Court Plaza III Association funds were maintained in multiple Wells Fargo accounts.
Although the sale contract requires transfer to a County-controlled account, the funds, in the approximate
amount of $159,000, have been consolidated into a single operating account at First Citizens Bank in the name
of Court Plaza III Condominium Association, Inc., administered by May Management Services, Inc., the
property management company. This structure complies with applicable condominium law, which prohibits
commingling of association funds. The County, now as the majority owner, controls these funds.
2. Accessible parking. Exhibit B to the sales contract requires Bigi and Bigi, LLC to construct three additional
accessible parking spaces. Plans were submitted to the Growth Management Division, and work began, but
modifications are needed, and the spaces could not be completed before closing. In lieu of that obligation, the
Third Addendum provides the County with a five-thousand-dollar credit from the Seller at closing. Even
without the additional accessible spaces, the existing number of parking and accessible spaces meets LDC
requirements. The three extra spaces were intended solely to provide added convenience.
3. Extension of closing deadline. The closing deadline was extended to November 26, 2025.
Collier County’s Status as the Majority Owner and Association Governance
Collier County, as the owner of fifteen of the eighteen commercial condominium units, holds a majority of the
membership and voting interests in the Court Plaza III Condominium Association. Under Chapter 718, Florida Statutes,
and the applicable declaration and bylaws, this majority ownership entitles the County to exercise voting control over
the Association, including the election of the Board of Directors and the approval of budgets and assessments.
It is recommended that the Board authorize the County Manager, or designee, to exercise the County’s voting rights as
unit owner, to convene and conduct the Association organizational meeting, and to appoint three-members to the
Association Board of Directors.
At this organizational meeting, the new Board of Directors will address initial governance and operational priorities,
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Item # 16.B.22
ID# 2025-4882
including budget, management, and utilities. The Association currently has a property management contract with May
Management Services, Inc., which the County Manager recommends continuing on an interim basis, and potentially
through the current contract term, to ensure continuity of day-to-day operations while the new Board of Directors is
seated. The Board of Directors will also provide direction on transferring the Association’s operating account to the
County’s banking institution, First Foundation Bank, to facilitate oversight by the Collier County Clerk of the Circuit
Court.
Prior to closing, it was confirmed that the Association does not have its own water and sewer utility account and is
instead receiving water service through a neighboring association’s account, without a written agreement. The Board of
Directors will be asked to evaluate the situation and determine appropriate solutions to address the shared utility
arrangement.
The Association funds, subject to Board of Directors approval, may be used for the operation of the condominium, the
maintenance, repair, and replacement of the common elements, utilities serving the common property, parking and
access modifications, other lawful common-element improvements, reserves and capital projects, and any additional
expenditures authorized by the governing documents.
Acting through these directors, the County will manage Association governance and day-to-day decisions in accordance
with Chapter 718 and the governing documents.
The Association will continue to operate as a separate condominium association unless and until the County acquires the
remaining office comprised of three units. When the County entered into the current purchase contracts, the owner of the
sixteenth unit, Joseph Stewart, declined to sell it or grant the County an option or right of first refusal. Staff will
continue to engage with Joseph Stewart, PA, to explore a sales contract that could meet both parties’ needs, such as a
purchase with a lease-back to him. If the County acquires the final unit, the Association may be dissolved, and we will
return to the Board with recommendations.
Dismissal of the lawsuit filed against Bigi & Bigi, LLC
The County previously filed a lawsuit against Bigi & Bigi, LLC to enforce its obligations under the sales contract for the
Court Plaza III units. With the Board’s ratification of the Third Addendum and completion of closing on the units, staff
and the County Attorney’s Office believe that Bigi & Bigi, LLC has now satisfied its contractual obligations to the
County, including delivery of title and association funds.
Remaining issues relate primarily to Association matters, including turnover of contracts, financial records, and other
association documents, which are governed by Chapter 718, Florida Statutes. Staff will continue to work through May
Management and the prior board of directors to obtain any outstanding documents.
Accordingly, it is recommended that the Board of County Commissioners authorize dismissal of the lawsuit against Bigi
& Bigi, LLC without prejudice. Dismissal without prejudice will resolve the current sales contract enforcement action
while preserving the ability to pursue future legal remedies against the former Association representatives, including
refiling an action if significant noncompliance with association obligations is later identified and cannot be resolved
cooperatively.
This item is consistent with the Collier County strategic plan objective to support access to health, wellness, and human
services.
FISCAL IMPACT: Ratification of the Third Addendum results in the County receiving a $5,000 credit applied to the
purchase price of the units being acquired from Bigi & Bigi, LLC, which reduced the total purchase cost and cash due at
closing by that amount.
As acknowledged in the Addendum, approximately $159,000 in Association funds were transferred to the Association’s
operating account; these funds will be maintained separately from County funds and used by the Association Board of
Directors for operation, maintenance, and improvements to the building and common elements.
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Following the closing, tenants in the units acquired by the County were notified that all future rent payments are to be
made to Collier County. Rental income from these units will be deposited within the General Fund. Each unit owner
remains responsible for payment of its share of Association assessments. Association assessments attributable to the
County-owned units will be the County's responsibility and paid from appropriate funding sources. All assessments
collected will be deposited into the Association’s operating account at First Citizens Bank and used for Association
purposes, consistent with Chapter 718, Florida Statutes, and the governing documents.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item has been reviewed for form and legality and requires a majority vote for
Board action - SAA
RECOMMENDATION(S): That the Board: 1) ratify the Third Addendum to Agreement for Sale and Purchase with
Bigi & Bigi LLC for Court Plaza III, a commercial condominium, 2) acknowledge Collier County’s status as majority
owner and, by operation of the condominium declaration and bylaws, its rights to assume control of the Association
board of directors, 3) authorize actions related to association governance, the organizational meeting, and interim
property management, and 4) authorize dismissal of the lawsuit filed against Bigi & Bigi, LLC, related to the
acquisition, all as more fully described in the Consideration portion of this Executive Summary.
PREPARED BY: Jennifer A. Belpedio, Manager, Operations & Performance Management Division, Transportation
Management Services Department
ATTACHMENTS:
1. Seller & County Manager Signed Third Addendum To Agreement For Sale And Purchase
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