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CCWWA Agenda 04/13/2026Collier County Growth Management Community Development Operations & Regulatory Management Division Collier County Water & Wastewater Authority NOTE: THE APRIL 6, 2026 MEETING WAS CONTINUED TO APRIL 13, 2026 DUE TO FAILURE TO HAVE A QUORUM Monday, April 13, 2026 3:00 pm 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Community Development Department Conference Room 609/610 Staff Liaison: Heather Yilmaz Management Analyst, GMCD (239) 252-8389 ,C Collier County Collier County Water & Wastewater Authority Agenda Monday, April 13, 2026 3:00 pm 2800 N. Horseshoe Dr., Naples, FL 34104 Growth Management Community Development, Conference Rooms 609/610 NOTICE: All persons wishing to speak on any agenda item must register prior to speaking. Requests to address the Authority on subjects, which are not on this agenda, must be submitted in writing with an explanation to the Executive Director, Collier County Water and Wastewater Authority, GMCD/Office of Operations and Regulatory Management, 2800 Horseshoe Drive North, Naples Florida 34104, at least ten (10) days in prior to the date of the meeting and will be heard under "Open to the Public." Any person who decides to appeal a decision of this Authority will need a record of proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. All registered public speakers will be limited to three (3) minutes unless permission for additional time is granted by the Chairman. Authority Members: Patricia Sherry, Chairman Bryant Collins, Vice Chairman Chief Eloy Ricardo Don Munksgaard - Expiring 05/21/2026 VACANT Legal Counsel: Heidi Ashton-Cicko, Managing Assistant County Attorney Executive Director: Evelyn Trimino, Director - Operations & Regulatory Management, GMCD Staff Liaison: Heather Yilmaz Management Analyst, GMCD For more information, please contact Heather Yilmaz at (239) 252-8389 or at Heather.Yilmaz(cr�,collier. og_v Collier County AGENDA I. Call to Order (Determination of Quorum) and Roll Call a. Annual Election of Officers b. Authority Vacancy Appointment Recommendation i. Alan Zumstein ii. Lee Alan Davidson iii. John A. Lundin iv. Richard K. Schmidt v. Roger P. Kastel II. Approval of Agenda — Meeting of April 06, 2026 III. Motion for Electronic Approval of Minutes — Meeting of April 06, 2026 IV. Items Requiring Action by Authority a. Final Order 2026-01 — Ave Maria Utility Company, 2026 Price Index Page 25 b. Final Order 2026-02 — Rod & Gun Development, LLC, Application for Declaration of Exemption Page 56 V. Staff Discussion VI. Open to the Public VII. Authority Members Discussion VIIL Adjourn For more information, please contact Heather Yilmaz at (239) 252-8389 or at Heather. Yilmaz(akollier.goy Collier County Growth Management Community Development Operations & Regulatory Management Division NOTE: THE APRIL 6, 2026 MEETING WAS CONTINUED TO APRIL 13, 2026 DUE TO FAILURE TO HAVE A QUORUM TO: Chairman, Collier County Water and Wastewater Authority FROM: Evelyn Trimino, Director, Collier County Water and Wastewater Authority and Director of Operations & Regulatory Management, Growth Management and Community Development Department SUBJECT: Authority Agenda Item —April 13, 2026 Annual Election of Officers — Chairman and Vice Chairman DATE: April 13, 2026 RECOMMENDATION: The Authority elects a Chairman and Vice Chairman to serve the Authority as officers for the coming year. REQUESTED ACTION: The Authority, by nomination and vote, selects a Chairman and Vice Chairman to serve a term of one year, pursuant to Ordinance No. 96-6, as amended. REPORT: The Collier County Water and Wastewater Authority was established by Ordinance 96-6 on February 27, 1996. The Board of County Commissioners appointed the original members to the Authority on May 21, 1996. The last election was held on February 28, 2025, and the Authority has not met in an official capacity since September 19, 2025. In previous years, the chairman and vice chairman positions have been elected by fellow Authority members. After selection by majority vote, staff recommends the outgoing chairman pass the gavel to the incoming chairman, thus turning the meeting over to the new chairman. ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Madison Bird, Office of the County Attorney DATE: October 20, 2025 APPLICANT: Alan Zumstein 9284 Veneto Place Naples, FL 34113 APPLYING FOR: Water and Wastewater Authority We have one vacant seat on the above referenced advisory committee. The vacancy was advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Melanie Wain cc: Glenda Thomas Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides. Registered Voter: Yes Commission District: 1 TO STAFF LIAISON: Attn: Heather Yilmaz cc: Michael Stark An application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No. 2006-83, your recommendation must be provided within 41 days of the above date. Your recommendation memo should include: The names of all applicants considered for the vacancy or vacancies. The committee's recommendation for appointment or non -appointment. The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Madison Bird This applicant is not recommended for appointment. —OR— This applicant is recommended for appointment. A recommendation memo is attached, please prepare an agenda item for the next available BCC agenda. If you have any questions, please call me at 252-2939. Thank you for your attention to this matter. 0212021 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 10/18/2025 11:59:53 AM Name: Alan M. Zumstein Email Address: zumstein@windstream.net Home Address: 9284 Veneto Place City/Zip Code: Naples, 34113 Primary Phone: 859-333-1695 Secondary Phone: Board or Committee: Water and Wastewater Authority Category (if Applicable): Place of Employment? Retired CPA Do you or your employer do business with the County? No How many years have you lived in Collier County? 5-10 Home many months out of the year do you reside in Collier County? I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? No Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Please list your community activities and positions held: Treasurer of HOA in Lexington KY for 18 years. Treasurer of Southern Indiana Homebuilder's Association for 4 years. Education: Graduated from Indiana State University in 1978 with a BS degree in Accounting. Obtained CPA license in 1981. Experience / Background: Graduated from Indiana State University in 1978 with a BS degree in Accounting. Obtained CPA license in 1981. ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Madison Bird, Office of the County Attorney DATE: November 11, 2025 APPLICANT: Lee Alan Davidson 6620 Hunters Road Naples, FL 34109 APPLYING FOR: Water and Wastewater Authority We have one vacant seat on the above referenced advisory committee. The vacancy was advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Melissa Witcher Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides. Registered Voter: Yes Commission District: 4 TO STAFF LIAISON: Attn: Heather Yilmaz cc: Evelyn Trimino An application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No. 2006-83, your recommendation must be provided within 41 days of the above date. Your recommendation memo should include: The names of all applicants considered for the vacancy or vacancies. The committee's recommendation for appointment or non -appointment. The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Madison Bird This applicant is not recommended for appointment. —OR— This applicant is recommended for appointment. A recommendation memo is attached, please prepare an agenda item for the next available BCC agenda. If you have any questions, please call me at 252-2939. Thank you for your attention to this matter. 0212021 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 12/10/2025 08:04:26 AM Name: Lee Alan Davidson Email Address: ladavid422(c)gmail.com Home Address: 6620 Hunters Rd City/Zip Code: Naples, 34109 Primary Phone: 239-434-6060 Secondary Phone: Board or Committee: Water and Wastewater Authority Category (if Applicable): Technical Member Place of Employment? Davidson Engineering, Inc. Do you or your employer do business with the County? Yes Explain: Our firm assists with small site civil engineering projects with the County. How many years have you lived in Collier County? More than 15 Home many months out of the year do you reside in Collier County? I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? No Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Please list your community activities and positions held: Associate Leadership Collier, Class of 2020 David Lawrence Center Advocates City of Naples Code Enforcement Board Education: Bachelor of Science, Economics - Florida State University Bachelor of Science, Environmental Engineering - Florida Gulf Coast University Master's in Business Administration - University of Michigan (Expected Graduation 2026) Experience / Background: Bachelor of Science, Economics - Florida State University Bachelor of Science, Environmental Engineering - Florida Gulf Coast University Master's in Business Administration - University of Michigan (Expected Graduation 2026) ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Madison Bird, Office of the County Attorney DATE: February 9, 2026 APPLICANT: John A. Lundin 412 Samar Avenue Naples, FL 34113 APPLYING FOR: Water and Wastewater Authority There are vacancies on the above referenced advisory committee. The vacancies were advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Melissa Witcher cc: Melanie Wain Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides. Registered Voter: Yes Commission District: 1 TO STAFF LIAISON: Attn: Heather Yilmaz cc: Evelyn Trimino An application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No. 2006-83, your recommendation must be provided within 41 days of the above date. Your recommendation memo should include: The names of all applicants considered for the vacancy or vacancies. The committee's recommendation for appointment or non -appointment. The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Madison Bird This applicant is not recommended for appointment. —OR— This applicant is recommended for appointment. A recommendation memo is attached, please prepare an agenda item for the next available BCC agenda. Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 02/06/2026 10:43:34 PM Name: John a lundin Email Address: Johnlundin551509mail.com Home Address: 412 Samar ave City/Zip Code: Naples, 34113 Primary Phone: 704-761-4150 Secondary Phone: Board or Committee: Water and Wastewater Authority Category (if Applicable): Citizen at large Place of Employment? Retired Do you or your employer do business with the County? No How many years have you lived in Collier County? 5-10 Home many months out of the year do you reside in Collier County? 6-9 Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? No Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Please list your community activities and positions held: Board members for CCI , Isles of Capri. Chairman Strategic Planning CCI Education: BA Hillsdale College Experience / Background: None ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Madison Bird, Office of the County Attorney DATE: December 16, 2025 APPLICANT: Richard K. Schmidt 15155 Brolio Lane Naples, FL 34110 APPLYING FOR: Water and Wastewater Authority We have one vacant seat on the above referenced advisory committee. The vacancy was advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Melanie Wain Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides. Registered Voter: Yes Commission District: 2 TO STAFF LIAISON: Attn: Heather Yilmaz cc: Evelyn Trimino An application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No. 2006-83, your recommendation must be provided within 41 days of the above date. Your recommendation memo should include: The names of all applicants considered for the vacancy or vacancies. The committee's recommendation for appointment or non -appointment. The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Madison Bird This applicant is not recommended for appointment. —OR— This applicant is recommended for appointment. A recommendation memo is attached, please prepare an agenda item for the next available BCC agenda. Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 12/15/2025 12:09:56 PM Name: Richard K. Schmidt Email Address: rschmidt1944@yahoo.com Home Address: 15155 Brolio Lane City/Zip Code: Naples, 34110 Primary Phone: 239-398-4496 Secondary Phone: Board or Committee: Water and Wastewater Authority Category (if Applicable): citizen at large Place of Employment? retired Do you or your employer do business with the County? No How many years have you lived in Collier County? More than 15 Home many months out of the year do you reside in Collier County? I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? No Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Please list your community activities and positions held: Former president fo Mediterra Club, Mentor for Champions for Learning, Neighborhood Rep- Mediterra Education: PhD, Environmental Engineering, Univ of Texas BS and MS Civil Engineering, Tulane University Graduate of Harvard PMD Program Experience / Background: PhD, Environmental Engineering, Univ of Texas BS and MS Civil Engineering, Tulane University Graduate of Harvard PMD Program ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Madison Bird, Office of the County Attorney DATE: March 27, 2026 APPLICANT: Roger P Kastel 4522 Ashton Court Naples, FL 34112 APPLYING FOR: Water and Wastewater Authority There are vacancies on the above referenced advisory committee. The vacancies were advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Melissa Witcher cc: Melanie Wain Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides. Registered Voter: Yes Commission District: 1 TO STAFF LIAISON: Attn: Heather Yilmaz cc: Evelyn Trimino An application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No. 2006-83, your recommendation must be provided within 41 days of the above date. Your recommendation memo should include: The names of all applicants considered for the vacancy or vacancies. The committee's recommendation for appointment or non -appointment. The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Madison Bird This applicant is not recommended for appointment. —OR— This applicant is recommended for appointment. A recommendation memo is attached, please prepare an agenda item for the next available BCC agenda. Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 03/25/2026 04:18:13 PM Name: Roger P Kastel Email Address: rpkaste[6@me.com Home Address: 4522 Ashton Ct City/Zip Code: Naples, 34112 Primary Phone: 239-272-3063 Secondary Phone: Board or Committee: Water and Wastewater Authority Category (if Applicable): Citizen at Large Place of Employment? Retired Do you or your employer do business with the County? No How many years have you lived in Collier County? More than 15 Home many months out of the year do you reside in Collier County? I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? No Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? Yes If yes, please list the boards / committees: Water & Wastewater Authority Please list your community activities and positions held: 23 year BOD on 5013c non- profit,13 years as President. HOA treasurer Education: High School Experience / Background: 40 years as a water & wastewater operator/supervisor MINUTES OF THE COLLIER COUNTY WATER & WASTEWATER AUTHORITY MEETING Naples, Florida September 19, 2025 LET IT BE REMEMBERED, the Collier County Water & Wastewater Authority, in and for the County of Collier, having conducted business herein, met on this date at 3:00 p.m. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room 609/610, 2800 N. Horseshoe Dr., Naples, with the following members present: Chairman: Patricia Sherry Vice Chairman: Bryant Elliot Collins — Seat Filled During Meeting Don Munksgaard Eloy Ricardo Vacant The following County staff were in attendance: Michael Stark, Director — Operations & Regulatory Management, GMCD Heidi Ashton-Cicko, Managing Assistant County Attorney Heather Yilmaz, Management Analyst / Staff Liaison, GMCD The following also attended: Jason Vogel, Vice President, Ave Maria Utility Company (Guest Speaker) Mr. Dietering, Counsel for Ave Maria utility Company (via WebEx) Any persons needing the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Division Department. I. Call to Order — Chairman Patricia Sherry Collier County Water & Wastewater Authority, Friday, 19th September 2025 A quorum was established with four members present a. Selection of Vice Chairman Motion made for Bryant Collins as Vice -Chairman Motion Passed Unanimously b. Officer Appointment Recommendation — Eugene Wordehoff Motion made for reappointment of Eugene Wordehoff Motion Passed Unanimously II. Approval of Agenda — Meeting of September 19, 2025 Motion made to approve the agenda as submitted Motion Passed Unanimously III. tion for Electronic Approval of Minutes — Meeting of September 49, 2025 Motion made to approve minutes electronically Motion Passed Unanimously IV. Items Requiring Action by Authority a. Final Order 2025-02 —Ave Maria Utility Company, 2025 Price Index and Pass -Through Staff proposed the following: • 1.08% increase in water rates with anticipated revenue increase of $42,952. • 1.13% increase in wastewater rates with anticipated revenue increase of $61,031. • Rates were consistent with state -anticipated index standards. Authority discussion confirmed alignment with state commission practices. Motion made for approval Motion Passed Unanimously V. Staff Discussion a. AMUC —Annual Report Update Staff Liaison Heather Yilmaz provided an update on the Ave Maria Annual Report: • Ave Maria requested an extension on April 24, 2025; extension was granted by Executive Director Michael Stark. • Annual Report was filed May 12, 2025, and satisfied all requirements. 2 Follow-up items from prior meeting: o Heat map of Ave Maria Utility Service Area o Forecasted Growth Analysis o Potential Impacts of Expansion on Water Quality o Capacity Thresholds Guest Participation: Jason Vogel, Vice President of Ave Maria Utility, addressed the Authority. • Presented pre- and post -expansion service maps. • Explained capacity triggers regulated by DEP, with annual Capacity Analysis Reports ensuring compliance. • Noted Phase 3 expansion plans subject to DEP oversight. • Acknowledged February meeting absence due to the passing of long-term associate Tammy Smith (February 27, 2025), which delayed filings and formed the basis of the extension request. Authority members expressed appreciation for the clarifications and acknowledged the challenges faced. VI. Open to the Public (None) VII. Authority Members Discussion (None) VIII. Adjourn Motion to Adjourn There being no further business for the good of the County, the meeting was adjourned at 3:14 p.m. COLLIER COUNTY WATER & WASTEWATER AUTHORITY - z4i 7 MMMM_--W, Patri ' y, Chairman These minutes were approved by the Committee/Chairman on 01/26/2026 , (check one) as submitted X or as amended THIS PAGE INTENTIONALLY LEFT BLANK ,1E) Collier County Growth Management Community Development Operations & Regulatory Management Division NOTE: THE APRIL 6, 2026 MEETING WAS CONTINUED TO APRIL 13, 2026 DUE TO FAILURE TO HAVE A QUORUM TO: Chairman, Collier County Water and Wastewater Authority FROM: Evelyn Trimino, Director, Collier County Water and Wastewater Authority and Director of Operations & Regulatory Management, Growth Management and Community Development Department SUBJECT: Authority Agenda Item - Final Order No. 2026-01 DATE: April 13, 2026 RECOMMENDATION: To have the Authority approve Final Order No. 2026-01, establishing the 2026 Price Index Factor for investor -owned water and/or wastewater utilities operating in Collier County. REQUESTED APPROVAL: Request the Authority review the attached Florida Public Service Commission (FPSC) Order No. PSC-2025-0453-PAA-WS issued December 15, 2025, establishing the 2026 Price Index of 2.46 percent; and approving Final Order No. 2026-01, establishing the equivalent 2026 Price Index for investor -owned utilities operating in Collier County. REPORT: Section 1-6 (I), Collier County Ordinance No. 96-6, as amended, requires the Authority to adopt a price index for investor -owned water and/or wastewater utilities no later than May 15th of each year, equivalent to the price index established annually by the FPSC. The 2026 Price Index was effective on January 06, 2026, via the FPSC's Consummating Order No. PSC- 2026-0012-CO-WS. The index is applied to the major categories of operation and maintenance costs incurred by water and/or wastewater utilities, except for the amortization of rate case expenses and those operating costs subject to pass -through adjustments, reflecting the percentage of increase (or decrease) of such costs from the most recent 12-month historical period available. The maximum allowable increase resulting from the application of the 2026 Price Index can be no greater than 2.46 percent. Staff recommends the adoption of Final Order No. 2026-01, approving the 2026 Price Index and the forms required for filing the price index adjustment. FILED 12/15/2025 DOCUMENT NO. 15423-2025 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Annual reestablishment of price increase DOCKET NO.20250005-WS or decrease index of major categories of ORDER NO. PSC-2025-0453-PAA-WS operating costs incurred by water and ISSUED: December 15, 2025 wastewater utilities pursuant to Section 367.081(4)(a), F.S. The following Commissioners participated in the disposition of this matter: MIKE LA ROSA, Chairman ART GRAHAM GARY F. CLARK ANDREW GILES FAY GABRIELLA PASSIDOMO SMITH NOTICE OF PROPOSED AGENCY ACTION ORDER ESTABLISHING 2026 PRICE INDEX FOR WATER AND WASTEWATER UTILITIES BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029, Florida Administrative Code (F.A.C.). Back rg ound Since March 31, 1981, pursuant to the guidelines established by Section 367.081(4)(a), Florida Statutes (F.S.), and Rule 25-30.420, F.A.C., we have established a price increase or decrease index for major categories of operating costs on or before March 31 of each year. This process allows water and wastewater utilities to adjust rates based on current specific expenses without applying for a rate case. We calculated the proposed 2026 price index by using the Gross Domestic Product Implicit Price Deflator Index (GDPDEF) for the fiscal year ended June 30, 2025. Since March 31, 1981, we received and processed approximately 4,136 index and pass through applications. We have jurisdiction over this matter pursuant to Section 367.081, F.S. ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS PAGE 2 Decision I. Price Level Adjustment Index In 1993, the GDPDEF was established as the appropriate measure for determining the water and wastewater price index. At the same time, the convention of using a four quarter fiscal year comparison was also established and this practice has been used every year since then.' The GDPDEF is prepared by the United States (U.S.) Department of Commerce (USDOC) by its Bureau of Economic Analysis (BEA). Prior to that time, the Gross National Product Implicit Price Deflator Index (GNPDEF) was used as the indexing factor for water and wastewater utilities. The USDOC switched its emphasis from the GNPDEF to the GDPDEF as the primary measure of U.S. production. Pursuant to Section 367.081(4)(a), F.S., by order, we shall establish a price increase or decrease index for major categories of operating costs incurred by utilities subject to our jurisdiction reflecting the percentage of increase or decrease in such costs from the most recent 12-month historical data available. Since 1995, the price index adjustment has been determined by comparing the change in the average GDPDEF for the year ending September 30, instead of the original December 31, in order to more easily meet the statutory deadline. The 2026 price index adjustment approved in this docket has been calculated using data for the year ending in June 30, 2025, due to issues with USDOC funding. Following the October 1, 2025 federal government shutdown, BEA halted economic research, and the GDPDEF has not been calculated or updated as of September 25, 2025. To maintain consistency of calculation, we used the twelve months, ending June 30, 2025, of most recently available data calculated by BEA prior to the shutdown. By Order No. PSC-2024-0502-PAA-WS, issued December 17, 2024, in Docket No. 20240005-WS, in keeping with the practice started in 1993, we reiterated the alternatives which could be used to calculate the indexing of utility revenues. Past concerns expressed by utilities, as summarized from utility input in previous hearings, are: 1) Inflation should be a major factor in determining the index; 2) Nationally published indices should be vital to this determination; 3) Major categories of expenses are labor, chemicals, materials and supplies, maintenance, transportation, and treatment expense; 4) An area wage survey, Dodge Building Cost Index, Consumer Price Index, and the GDP should be considered; 5) A broad measure index should be used; and ' Order No. PSC-1993-0195-FOF-WS, issued February 9, 1993, in Docket No. 19930005-WS, In re: Annual reestablishment c fprice increase or decrease index c f mcjor categories c f cperating costs incurred by water and wastewater utilities pursuant to Section 367.08](4)(6), F.S. ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS PAGE 3 6) The index procedure should be easy to administer. Based upon these concerns, we previously explored the following alternatives: 1) Survey of Regulated Water and Wastewater Utilities; 2) Consumer Price Index; 3) Florida Price Level Index; 4) Producer Price Index (PPI) — previously the Wholesale Price Index; and 5) GDPDEF (replacing the GNPDEF). Over the years, we rejected using the Survey of Regulated Water and Wastewater Utilities because using the results of a survey would allow utilities to pass on to customers all cost increases, thereby reducing the incentives of promoting efficiency and productivity. We have also rejected the Consumer Price Index and the Florida Price Level Index because of their limited degree of applicability to the water and wastewater industry. Both of these price indices are based upon comparing the advance in prices of a limited number of general goods and, therefore, appear to have limited application to water and wastewater activities. The PPI is a family of indices that measure the average change over time in selling prices received by domestic producers of goods and services. We rejected using PPI because it measures price change from the perspective of the seller, not the purchaser. The bases for these indices have not changed, and the conclusions reached in Order PSC-2024-0502-PAA-WS continue to apply in this case. Since 1993, we have found that the GDPDEF has a greater degree of applicability to the water and wastewater industry. Therefore, we will continue to use the GDPDEF to calculate water and wastewater price level adjustments. We will calculate the 2026 Price Index by using a fiscal year, four quarter comparison of the GDPDEF ending with the second quarter of 2025. The following information provides a historical perspective of the annual price index. Table 1 Historical Analvsis of the Annual Price Index for Water and Wastewater Utilities Year Commission Approved Index Year Commission Approved Index 2015 1.57% 2021 1.17% 2016 1.29% 2022 4.53% 2017 1.51 % 2023 7.07% 2018 1.79% 2024 3.24% 2019 2.36% 2025 2.23% 2020 1.79% 2026 2.46% ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS PAGE 4 The table below shows the historical participation in the index and/or pass -though programs: Table 2 Percentage of Jurisdictional Water and Wastewater Utilities Filing for Indexes and Pass-Throughs II Year Percentage Year Percentage 2014 39% 2020 43% 2015 49% 2021 52% 2016 38% 2022 57% 2017 37% 2023 53% 2018 42% 2024 36% 2019 60% 2025 56% Rate for the 2025 Price Index The USDOC BEA released the most recent second quarter 2025 figures on September 25, 2025. Historically, we used the third quarter amounts to establish the Price Index, which utilizes the most recent available data while allowing time for us to establish the 2026 Price Index by March 2026, in accordance with Section 367.081(4)(a), F.S. However, due to the aforementioned lack of data, we elected to use the second-quarter data, which satisfies Section 367.081(4)(a), F.S., under the requirement that the twelve months of most recently available data be used. The percentage change in the GDPDEF using the fiscal year comparison ending with the third quarter is 2.46 percent. This number was calculated as follows. GDPDEF Index for the fiscal year ended 6/30/25 128.248 GDPDEF Index for the fiscal year ended 6/30/24 125.167 Difference 3.081 Divided by 6/30/2024 GDPDEF Index 125.167 2026 Price Index 2.46% III. Noticing of Requirement The package in Attachment 1, attached hereto, shall be sent to every regulated water and wastewater utility after the expiration of the proposed agency action (PAA) protest period, along with a copy of the PAA Order once final. The entire package shall also be made available on the our website. In an effort to increase the number of water and wastewater utilities taking advantage of the annual price index and pass -through programs, Attachment 2 from the Director of the Division of Accounting and Finance shall be included with the PAA Order in order to explain the purpose of the index and pass -through applications and to communicate that our staff is available to assist them. ORDER NO. 13SC-2025-0453-PAA-WS DOCKET NO. 20250005-WS PAGE 5 Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the Gross Domestic Product Implicit Price Deflator Index shall be used in calculating price level adjustments. We calculate the 2026 Price Index by using a fiscal year, four quarter comparison of the Implicit Price Deflator Index ending with the second quarter of 2025. It is further ORDERED that the 2026 Price Index for water and wastewater utilities shall be 2.46 percent. It is further ORDERED that after the expiration of the Proposed Agency Action protest period established under Rule 25-22.029(1), F.A.C., the Division of Accounting and Finance shall send each regulated water and wastewater utility a copy of the PAA order establishing index containing the information presented in Attachment 1 along with a cover letter from the Director of the Division of Accounting and finance. The entire package shall also be available on our ��cbsite. It is further ORDERED that that upon expiration of the 14-day protest period, if a timely protest is not received, the decision shall become final and effective upon the issuance of a Consummating Order. Any party filing a protest shall be required to profile testimony with the protest. However, this docket shall remain open through the end of the year and be closed upon the establishment of the new docket in January 2025. By ORDER of the Florida Public Service Commission this 15th day of December, 2025. ADAM . TE Z.MAN Commission Ierk Florida Pub is Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, ifapplicable, interested persons. %B ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS PAGE 6 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought. Mediation may be available on a case -by -case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on December 29, 2025. In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS Attachment 1 PAGE 7 Pagel of 8 FLORIDA PUBLIC SERVICE COMMISSION PRICE INDEX APPLICATION APPLICABLE TEST YEAR Department of Environmental Protection Public Water System ID NO. Department of Environmental Protection Wastewater Treatment Plant ID NO. WATER WASTEWATER Operation & Maintenance Expenses' $ $ LESS: (a) Pass -through Items: (1) Purchased Power (2) Purchased Water (3) Purchased Wastewater Treatment (4) Sludge Removal (5) Other' - (b) Rate Case Expense Included in Expenses (c) Adjustments to Operation & Maintenance Expenses from last rate case, if applicable:' (1) (2) Costs to be Indexed $ $ Multiply by Annual Commission -Approved Price Index 2.46% 2.46% Total Indexed Costs $ $ Add Change in Pass -Through Items:4 (1) (2) Divide Index and Pass -Through Sum by Expansion Factor for Regulatory Assessment Fees .955 .955 Increase in Revenue Divide by Applicable Test Year Revenues $ $ Percentage Increase in Rates % % FOOTNOTES APPEAR ON THE FOLLOWING PAGE ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS Attachment 1 PAGE 8 Page 2 of 8 PAGE 1 FOOTNOTES 'This amount must match last year's annual report. '-Other expense items may include increases in required Department of Environmental Protection testing, ad valorem taxes, permit fees charged by the Department of Environmental Protection or a local government authority, National Pollutant Discharge Elimination System fees, and regulatory assessment fees. These items should not be currently embedded in the utility's rates. 'This may include adjustments that follow a methodology referenced in the Order from a utility's last rate case (i.e. averaged bad debt expense or excessive unaccounted for water percentage applied to chemicals expense). 4This may include an increase in purchased power, purchased water, purchased wastewater treatment, sludge hauling, required Department of Environmental Protection testing, ad valorem taxes, and permit fees charged by the Department of Environmental Protection or a local government authority providing that those increases have been incurred within the 12-month period prior to the submission of the pass -through application. Pass -through National Pollutant Discharge Elimination System fees and increases in regulatory assessment fees are eligible as pass -through costs but not subject to the twelve month rule. All pass -through items require invoices. See Rule 25-30.425, F.A.C. for more information. 'If rates changed after January 1 of the applicable test year, the book revenues must be adjusted to show the changes and an explanation of the calculation should be attached to this form. See Annualized Revenue Worksheet for instructions and a sample format. ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS Attachment 1 PAGE 9 Page 3 of 8 ANNUALIZED REVENUE WORKSHEET Have the rates charged for customer services changed since January 1, of the applicable test year? () If no, the utility should use actual revenues. This form may be disregarded. () If yes, the utility must annualize its revenues. Read the remainder of this form. Annualizing calculates the revenues the utility would have earned based upon the previous year's customer consumption at the most current rates in effect. To complete this calculation, the utility will need consumption data for the previous year to apply to the existing rate schedule. Below is a sample format which may be used. CALCULATION OF ANNUALIZED REVENUES* Consumption Data for Applicable Test Year Number of Current Annualized Bill/Gal. Sold X Rates Revenues Residential Service: Bills: 5/8"x3/4" meters 1" meters 1 2" meters 2" meters Gallons Sold General Service: Bills: 5/8"x3/4" meters 1" meters 1 2" meters 2" meters 3" meters 4" meters 6" meters Gallons Sold Total Annualized Revenues for the Applicable Test Year $ *Annualized revenues must be calculated separately if the utility consists of both a water system and a wastewater system. This form is designed specifically for utilities using a base facility charge rate structure. If annualized revenues must be calculated and further assistance is needed, contact the Commission Staff at (850) 413-6900. ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS PAGE 10 I, upon which the change in rates is (name of utility) equity, which is AFFIRMATION Attachment 1 Page 4 of 8 hereby affirm that the figures and calculations based are accurate and that the change will not cause to exceed the range of its last authorized rate of return on I, the undersigned/officer of the above -named utility, have read the foregoing and declare that, to the best of my knowledge and belief, the information contained in this application is true and correct. This affirmation is made pursuant to my request for a price index and/or pass -through rate increase, in conformance with Section 367.081(4), Florida Statutes. Further, I am aware that pursuant to Section 837.06, Florida Statutes, whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree. Signature: Title: Telephone Number: Fax Number: Sworn to and subscribed before me this , 20 My Commission expires: (SEAL) Notary Public State of Florida day of ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS Attachment 1 PAGE 11 Page 5 of 8 STATEMENT OF QUALITY OF SERVICE Pursuant to paragraphs 25-30.420(2)(h) and (i), Florida Administrative Code, (name of utility) [ ] does not have any active written complaints, corrective orders, consent orders, or outstanding citations with the Department of Environmental Protection (DEP) or the County Health Departments. [ ] does have the attached active written complaint(s), corrective order(s), consent order(s), or outstanding citation(s) with the DEP or the County Health Department(s). The attachment(s) includes the specific system(s) involved with DEP permit number and the nature of the active complaint, corrective order, consent order, or outstanding citation. This statement is intended such that the Florida Public Service Commission can make a determination of quality of service pursuant to Section 367.081(4)(a), Florida Statutes, and Rule 25-30.420(4)(a), Florida Administrative Code. Name: Title: Telephone Number: Fax Number: Date: ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS PAGE 12 Exception (name of utility) Attachment 1 Page 6 of 8 hereby waives the right to implement a pass -through rate increase within 45 days of filing, as provided by Section 367.081(4)(b), Florida Statutes, in order that the pass -through and index rate increase may both be implemented together 60 days after the official filing date of this notice of intention. Signature: Title: (To be used if an index and pass -through rate increase are requested jointly.) ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS Attachment 1 PAGE 13 Page 7 of 8 NOTICE TO CUSTOMERS Pursuant to Section 367.081(4)(a), Florida Statutes, water and wastewater utilities are permitted to adjust the rates and charges to its customers without those customers bearing the additional expense of a public hearing. These adjustments in rates would depend on increases or decreases in non -controllable expenses subject to inflationary pressures such as chemicals, and other general operation and maintenance costs. On , (date) (name of utility) filed its notice of intention with the Florida Public Service Commission to increase water and wastewater rates in County pursuant to this Statute. The filing is subject to review by the Commission Staff for accuracy and completeness. Water rates will increase by approximately % and wastewater rates by %. These rates should be reflected for service rendered on or after ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS Attachment 1 PAGE 14 Page 8 of 8 NOTICE TO CUSTOMERS Pursuant to Section 367.081(4)(b), Florida Statutes, water and wastewater utilities are permitted to pass through, without a public hearing, a change in rates resulting from: an increase or decrease in rates charged for utility services received from a governmental agency or another regulated utility and which services were redistributed by the utility to its customers; an increase or decrease in the rates that it is charged for electric power, the amount of ad valorem taxes assessed against its used and useful property, the fees charged by the Department of Environmental Protection in connection with the National Pollutant Discharge Elimination System Program, or the regulatory assessment fees imposed upon it by the Commission; costs incurred for water quality or wastewater quality testing required by the Department of Environmental Protection; the fees charged for wastewater bio solids disposal; costs incurred for any tank inspection required by the Department of Environmental Protection or a local governmental authority; treatment plant and water distribution system operator license fees required by the Department of Environmental Protection or a local governmental authority; water or wastewater operating permit fees charged by the Department of Environmental Protection or a local governmental authority; and consumptive or water use permit fees charged by a water management district. On I filed its notice of (date) (name of utility) intention with the Florida Public Service Commission to increase water and wastewater rates in County pursuant to this Statute. The filing is subject to review by the Commission Staff for accuracy and completeness. Water rates will increase by approximately % and wastewater rates by %. These rates should be reflected on your bill for service rendered on or after (date) If you should have any questions, please contact your local utility office. Be sure to have account number handy for quick reference. ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS PAGE 15 COMMISSIONERS: GABRIELLA PASSIDOMO SMITH, CHAIR GARY F. CLARK ANA ORTEGA BOBBY PAYNE MIKE LA ROSA STATE OF FLORIDA •��owe Attachment 2 Page 1 of 3 DIVISION OF ACCOUNTING AND FINANCE MARK A. CICCHETTI DIRECTOR (850)413-6900 Public Service Commission Month Day, 2026 All Florida Public Service Commission Regulated Water & Wastewater Utilities Re: Docket No. 20250005-WS - 2026 Price Index Dear Utility Owner: Since March 31, 1981, pursuant to the guidelines established by Section 367.081(4)(a), Florida Statutes (F.S.), and Rule 25-30.420, Florida Administrative Code (F.A.C.), the Commission has established a price increase or decrease index for major categories of operating costs. This process allows water and wastewater utilities to adjust rates based on current specific expenses without applying for a rate case. The intent of this rule is to ensure that inflationary pressures are not detrimental to utility owners, and that any possible deflationary pressures are not adverse to customers. By keeping up with index and pass -through adjustments, utility operations can be maintained at a level sufficient to ensure quality of service for the customers. Pursuant to Rule 25-30.420(1)(a), F.A.C., all operation and maintenance expenses shall be indexed with the exception of: a) Pass -through items pursuant to Section 367.081(4)(b), F.S.; b) Any amortization of rate case expense; and c) Disallowances or adjustments made in an applicant's most recent rate proceeding. Please note that all sludge removal expense should now be removed from operation and maintenance expenses for the purpose of indexing. Incremental increases in this category of expense may now be recovered using a pass -through request. ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS PAGE 16 All Florida Public Service Commission Regulated Water & Wastewater Utilities Page 2 Month Day, 2026 Attachment 2 Page 2 of 3 Upon the filing of a request for an index and/or pass -through increase, staff will review the application and modify existing rates accordingly. If for no other reason than to keep up with escalating costs, utilities throughout Florida should file for this rate relief on an annual basis. Utilities may apply for a 2025 Price Index anytime between April 1, 2026, through March 31, 2027 by mail or by emailing Applications@psc.state.fl.us. The attached package will answer questions regarding what the index and pass -through rate adjustments are, how to apply for an adjustment, and what needs to be filed in order to meet the filing requirements. For your convenience, the Commission -approved Price Index is reflected on Form PSC 1022, attached. While the increase for any given year may be minor, (see chart below), the long -run effect of keeping current with rising costs can be substantial. Year Annual Commission Approved Index Year Annual Commission Approved Index 2000 1.36% 2014 1.41% 2001 2.50% 2015 1.57% 2002 2.33% 2016 1.29% 2003 1.31 % 2017 1.51 % 2004 1.60% 2018 1.76% 2005 2.17% 2019 2.36% 2006 2.74% 2020 1.79% 2007 3.09% 2021 1.17% 2008 2.39% 2022 4.53% 2009 2.55% 2023 7.07% 2010 0.56% 2024 3.24% 2011 1.18% 2025 2.23% 2012 2.41 % 2026 2.46% 2013 1.63% Please be aware that pursuant to Section 837.06, F.S., whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree. Our staff is available at (850) 413-6900 should you need assistance with your filing. If you have any questions, please do not hesitate to call. Moreover, additional rate relief mechanisms are available to water and wastewater utilities as alternatives to full rate cases. Water and wastewater utilities whose total gross annual operating revenues are $335,000 or less for water service or $335,000 or less for wastewater service, or ORDER NO. PSC-2025-0453-PAA-WS DOCKET NO. 20250005-WS Attachment 2 PAGE 17 Page 3 of 3 All Florida Public Service Commission Regulated Water & Wastewater Utilities Page 3 Month Day, 2026 $670,000 or less on a combined basis, may petition the Commission for staff assistance in alternative rate setting. Please refer to Rule 25-30.456, F.A.C., for additional details. Furthermore, water utilities whose total gross annual operating revenues are $335,000 or less and wastewater utilities whose total gross annual operating revenues are $335,000 or less may file an application for a limited alternative rate increase of up to 20 percent applied to metered or flat recurring rates of all classes of service. Please refer to Rule 25-30.457, F.A.C., for additional details. Finally, the Commission reminds water and wastewater utilities that the Utility Reserve Fund exists to help address concerns over deferred maintenance of critical infrastructure and delays in necessary repairs. The availability of the reserve funds may allow a utility to avoid or defer the need for a future rate case, the expenses of which are ultimately borne by customers. Please refer to Rule 25-30.444, F.A.C., for additional details. Sincerely, Mark A. Cicchetti Director Enclosures FILED 1/6/2026 DOCUMENT NO. 00042-2026 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Annual reestablishment of price increase DOCKET NO.20260005-WS or decrease index of major categories of ORDER NO. PSC-2026-0012-CO-WS operating costs incurred by water and ISSUED: January 6, 2026 wastewater utilities pursuant to Section 367.081 4 a , F.S. CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC-2025-0453-PAA-WS, issued December 15, 2025, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC-2025-0453- PAA-WS has become effective and final. It is further ORDERED that this docket shall remain open. By ORDER of the Florida Public Service Commission this 6th day of January, 2026. J-1i - ADAM AN Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. ORDER NO. PSC-2026-0012-CO-WS DOCKET NO. 20260005-WS PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. THIS PAGE INTENTIONALLY LEFT BLANK NOTE: THE APRIL 6, 2026 MEETING WAS CONTINUED TO APRIL 13, 2026 DUE TO FAILURE TO HAVE A QUORUM ATTACHMENT "A" Final Order No. 2026-01 Establishment of 2026 Price Index Factor April 13, 2026 Collier County Water and Wastewater Authority FINAL ORDER NO.2026-01 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO SECTION 1-6, COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, PROVIDING FOR THE ADOPTION OF THE 2026 PRICE INDEX FACTOR SET ANNUALLY BY THE FLORIDA PUBLIC SERVICE COMMISSION, FOR UTILIZATION IN PRICE INDEX RATE APPLICATIONS FOR INVESTOR -OWNED WATER AND/OR WASTEWATER UTILITIES OPERATING IN COLLIER COUNTY. WHEREAS, Collier County Ordinance No. 96-6, as amended, provides for the Collier County Water and Wastewater Authority (AUTHORITY) to adopt a price index factor for water and/or wastewater utilities on or before May 15th of each calendar year for the utilization in price index rate application; and WHEREAS, Collier County Ordinance No. 96-6, as amended, provides that the price index factor shall be equivalent to the price index factor set annually by the Florida Public Service Commission (COMMISSION); and WHEREAS, the COMMISSION issued Order No. PSC-2025-0453-PAA-WS on December 15, 2025, establishing the 2026 Price Index of 2.46 percent for water and/or wastewater utilities; and WHEREAS, the COMMISSION issued Consummating Order No. PSC-2026-0012-CO- WS on January 06, 2026, enabling Order No. PSC-2025-0453-PAA-WS to become final and effective on January 06, 2026 NOW, THEREFORE, IT IS HEREBY ORDERED by the Collier County Water and Wastewater Authority, in public meeting assembled, that: 1. The 2026 Price Index is 2.46 percent. 2. Any water and/or wastewater utility that intends to increase its rates by implementation of this price index must notify the AUTHORITY on or after the effective date of this Final Order of such intent and shall apply the 2026 Price Index to applicable 2025 calendar year operation and maintenance expenses. 3. Utilities using the 2026 Price Index shall use the forms attached as Appendices "A", "B", "C" and "D", and shall follow all price index application requirements specified in Collier County Ordinance No. 96-06, as amended, before implementing any index. 4. This Order shall become effective upon adoption by the AUTHORITY and shall remain in effect until the AUTHORITY authorizes a change. [24-OPS-01079/1845897/11 Page 1 of 8 This Final Order adopted this 13th day of April 2026, after motion, second, and majority vote favoring the same. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY By: Patri - erry, Chair Approved as to form and legality: 1 eldI As ton-Cicko, Esq. 1-12-25 Managing Assistant County Attorney [24-OPS-01079/1945897/11 Page 2 of 8 APPENDIX "A" 2026 PRICE INDEX APPLICATION TEST YEAR ENDED DECEMBER 31, 2025' Utility: 2025 Operation and maintenance Expenses (O&M) LESS: WATER WASTEWATER (a) Pass -Through Items: (1) Purchased Power (2) Purchased Water (3) Purchased Sewage Treatment (4) Other2: (b) Rate Case Expenses Included In 2023 Expenses (c) Adjustments to O&M Expenses from last rate case, if applicable: (1) (2) Costs to be Indexed Multiply by the 2026 Price Index Factor Indexed Costs Add: Pass -Through Items Total of Indexed Costs and Pass -Through Items 0.0246 Divide Total of Indexed Costs and Pass -Through Items by Expansion Factor for Regulatory Assessment Fees 0.955 Increase in Revenue Divide by 2025 Annualized Revenue3 Percentage Increase in Rates 0.0246 0.955 'This amount should be for the calendar year 2025. If the utility is on a fiscal year, a pro rata distribution between the utility's two affected annual reports should be included as a supplemental attachment. The annual reports or general ledgers should be used as the source document(s). The utility is required to send a worksheet showing the pro rata distribution. [24-OPS-01079/ 1845897/ 1 ] Page 3 of 8 2If applicable, deduct on this line any other expenses for which a pass -through has been received. Specify the type of expense, which is being deducted. 3If rates changed during or subsequent to calendar year 2025, the book revenues must be adjusted to show the changes, and an explanation of the calculation should be attached to this form. (See Appendix `B" for instructions and sample format.) [24-OPS-01079/1845897/1 ] Page 4 of 8 APPENDIX "B" ANNUALIZED REVENUE WORKSHEET Have rates charged for customer services changed since January 1, 2025? ( ) If no, the utility should use actual revenues. This form may be disregarded. ( ) If yes, the utility must annualize its revenues. Complete the remainder of this form. Annualizing calculates the revenue the utility would have earned based upon 2025 customer consumption at the most current rates in effect. To complete this calculation, the utility will need consumption data for 2025 to apply to the existing rate schedule. Below is a sample, which may be used. CALCULATION OF ANNUALIZED REVENUES' Number of Bills/ Current Annualized Gallons Sold x Rates Revenues Residential Bills: 5/8" x 3/a" meters 1" meters 1 1/2 ' meters 2" meters Total No. Bills Gallons Sold Other Revenue General Service: 5/8" x 3/4" meters 1" meters 1 1/2" meters 2" meters 3" meters 4" meters 6" meters Total No. Bills Gallons Sold Other Revenue Total Annualized Revenues for 2025 2 2 2 2 2 [24-OPS-01079/1845897/1 ] Page 5 of 8 9 'Annualized revenues must be calculated separately if the utility consists of both a water system and a sewer system. This form is designed specifically for utilities using a base facility charge rate structure. If annualized revenues must be calculated and further assistance is needed, contact the Utility Regulation Staff at (239) 252-4150. 2Complete only if billing charge is separate. [24-OPS-01079/1845897/1 ] Page 6 of 8 9 APPENDIX "C" AFFIDAVIT I, , UNDER OATH hereby affirms that I am the duly authorized representative of and that the figures and calculations upon which the change in rates is based are accurate and that the change will not cause said to exceed its last authorized or calculated rate of return, which is This affidavit is made pursuant to this utility's request for a 2026 price index rate increase. Title (Print Name) Pursuant to Section 117.05(13)(a), Florida Statutes, the following notarial certificate is sufficient for an oath or affirmation: STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of ear , by (name of person making statement)-. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) — Personally Known OR Produced Identification Type of Identification Produced [24-OPS-01079/1845897/1] Page 7 of 8 APPENDIX "D" NOTICE TO CUSTOMERS On March 02, 2026, the Collier County Water and Wastewater Authority adopted provisions permitting water and wastewater utilities to adjust the rates it charges to its customers without those customers bearing the additional expense of a public hearing. The adjustments in rates would depend on increases or decreases in non -controllable expenses subject to inflationary pressures such as chemicals, and other operational and maintenance costs. On , filed notice of intent with the Growth Management Department (GMD) Operations & Regulatory Management Division, to increase water and wastewater rates as a result of this action. If acknowledged and approved by the Collier County Water and Wastewater Authority, water rates will increase by approximately % and wastewater rates by %. The adjusted rates should be reflected on your bill. Should you have any questions, please contact your local utility office. Be sure to have your account number handy for quick reference. Customers may also direct inquiries to the GMD Operations & Regulatory Management Division, 2800 Horseshoe Drive North, Naples, Florida 34104 at (239) 252-4150. [24-OPS-01079/ 1845897/ 1 ] Page 8 of 8 THIS PAGE INTENTIONALLY LEFT BLANK Collier County Growth Management Community Development Operations & Regulatory Management Division NOTE: THE APRIL 6, 2026 MEETING WAS CONTINUED TO APRIL 13, 2026 DUE TO FAILURE TO HAVE A QUORUM TO: Chairman, Collier County Water and Wastewater Authority FROM: Evelyn Trimino, Director, Collier County Water and Wastewater Authority and Director of Operations & Regulatory Management, Growth Management and Community Development Department SUBJECT: Authority Agenda Item - Final Order No. 2026-02 Rod & Gun Development, LLC Application for Declaration of Exemption DATE: April 13, 2026 RECOMMENDATION: To have the AUTHORITY consider the Application for Declaration of Exemption by Rod & Gun Development, LLC (Developer), to operate a non jurisdictional water and wastewater utility to provide services to a property known as the "Collier Rod & Gun Club at the Preserve" within the Collier County Water -Sewer District in Collier County, Florida. REQUESTED APPROVAL: Request the AUTHORITY review the attached Application by the Rod & Gun Development, LLC (Developer), pursuant to Collier County Ordinance No. 96-6, herby applying for a Declaration of Exemption to operate a non jurisdictional water and wastewater utility to provide service to a property known as "The Collier Rod & Gun Club at the Preserve" in Collier County. CONSIDERATIONS: EXEMPTION: Collier County Ordinance 96-6, Section 1-4.G.3.h requires an Affidavit upon which a determination by the AUTHORITY as to the Applicant's asserted exempt status can be ascertained. The required Affidavit is attached herein as (Exhibit "D"). REQUEST FOR DECLARATION OF EXEMPTION: The Applicant hereby requests the AUTHORITY issue a Declaration of Exemption to the Project on behalf of the Developer and The Master Homeowners Association, pursuant to Section 1-2 Z. 5, of Collier County Ordinance No. 96-6. Thus, notwithstanding legal counsel opinion of SUNDSTROM LAW, LLC, attached herein as (Exhibit "C"), that the Club will be exempt from regulation as a utility by the Collier County Water and Wastewater Authority, legal counsel has recommended that the Application for Declaration of Exemption containing an affidavit as described be processed by the AUTHORITY to confirm the stated exemption. ..,)Collier County Growth Management Community Development Operations & Regulatory Management Division CONCLUSION: Ordinance No. 96-6 authorizes the AUTHORITY to determine whether a proposed utility service is exempt from regulation and to issue a Declaration of Exemption when the applicant demonstrates eligibility under Section 1-22.5. Section 1-4.G.3.h requires submission of an affidavit sufficient for the AUTHORITY to ascertain the asserted exempt status. The Applicant's Affidavit (Exhibit "D") satisfies this requirement. Based on the Application, including the Legal Opinion (Exhibit "C") and Affidavit (Exhibit "D"), and the record before the AUTHORITY, the Project qualifies for exemption from regulation as a utility under § 367.022, Florida Statutes and Ordinance No. 96.6. The requested exemption pertains solely to regulatory jurisdiction and rate oversight and does not modify, impair, diminish, or supersede the County's territorial service rights within the Collier County Water -Sewer District. The County is not consenting to, nor approving, any removal, reduction, or modification of Collier County Water -Sewer District established service boundary. County water and wastewater facilities are planned for future construction within the service area•, however, services are not currently available to the proposed development site. The proposed private water and wastewater facilities that are required to serve this development constitute duplicative utility infrastructure within the County's established service area and are being installed at the Applicant's sole risk. The Board of County Commissioners approved Utility Services Agreement Between the Collier County Water Sewer District (CCWSD) and the Developer (Item #16C1 approved October 10, 2023), attached herein as (Exhibit ` E"), binds the developer to connecting to the CCWSD utility within 5 years of notice provided that the CCWSD utility infrastructure is within 200 feet of their property. The Agreement was recorded in Official Records Book 6297 Page 460-468 of the Public Records of Collier County. LEGAL CONSIDERATIONS: The Application states that the utility infrastructure will be constructed and then turned over to the homeowner's association prior to commencement of the provision of water and wastewater services. The Application is approved as to form and legality and consistent with Ord. 96-6. STAFF RECOMMENDATION: Approve the Declaration of Exemption subject to the conditions set forth below. ,4!) Collier County Growth Management Community Development Operations & Regulatory Management Division Expressly state in the Final Order that: 1. Collier County and the Collier County Water Sewer District (collectively, "County") retain exclusive service rights within the Collier County Water -Sewer District boundaries. 2. This exemption does not grant a franchise, territorial rights, vested rights, or perpetual rights to Applicant or the Homeowner's Association to provide utility service within the Collier County Water -Sewer District boundaries or provide exempted utility services outside of the identified boundaries within Collier County Resolutions 23-183 and 23-184. 3. Upon availability of County water and/or wastewater utilities to the subject property, as described in the attached agreement (Exhibit "E"), connection to County utilities shall be mandatory within the timeframe specified therein. 4. Upon connection to County utilities, all private utility infrastructure, or portion thereof, as determined by Collier County in its sole discretion, shall be properly abandoned, decommissioned, and removed in accordance with applicable federal, state and local regulatory standards at no cost to the County. EXHIBITS: Exhibit "A": Applicants Certificate of Active Status Exhibit "B": Overlay Maps and Description of Utility Facilities Sizing and Location Exhibit "C": Opinion of Sundstrom Law, LLC Exhibit "D": Required Affidavit Exhibit "E": Executed Utility Agreement Collier Rod and Gun Club at the Preserve Prepared by: Heather Yilmaz, Management Analyst, Collier County Water and Wastewater Authority Liaison, Growth Management and Community Development Department SUNDSTROM LAW ATTORNEYS I COUNSELORS January 29, 2026 Collier County Water and Wastewater Authority Attention: Evelyn Trimino, Director of Operations & Regulatory Management Heather Yilmaz, Management Analyst 1 Heidi Ashton, Managing Assistant County Attorney Evelyn.Trimino a collier.gov Heather.Yilmaz(&collier.gov Heidi.Ashton(&collier.gov Re: Application for Declaration of Exemption by Rod & Gun Development, LLC Dear Ladies, Pursuant to Collier County Ordinance 96-6, attached please find the Application of our client, Rod & Gun Development, LLC, for a Declaration of Exemption to operate a non -jurisdictional water and wastewater utility to provide services to a property known as the "Collier Rod & Gun Club at the Preserve". The Application speaks for itself and fully sets forth the basis for a Declaration of Exemption. Please also see, in particular, Exhibit C, which is our firm's opinion letter to the affect that this Project qualifies for a Declaration of Exemption and the legal basis therefor. I understand that the Authority generally meets on a bi-monthly basis and would appreciate it if this matter could be taken up at the next regularly scheduled meeting. Further, I am more than happy to attend the meeting, along with our clients, to address the Authority Board members and answer any questions that they may have. I look forward to working with you in this regard. Should you have any questions or comments regarding the above, please do not hesitate to contact me. WES/brf Sincerely, SUNDSTROM LAW, LLC /s/ William E. Sundstrom William E. Sundstrom, PA For the Firm 2548 BLAIRSTONE PINES DRIVE TALLAHASSEE, FLORIDA 32301 (850)877-6555 BEFORE THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY IN RE: Application of Rod & Gun Development, LLC for exemption from regulation for a property known as "The Collier Rod & Gun Club at the Preserve" in Collier County, Florida. APPLICATION FOR DECLARATION OF EXEMPTION Rod & Gun Development, LLC (Developer), pursuant to Collier County Ordinance No. 96-6, hereby applies for a Declaration of Exemption to operate a non -jurisdictional water and wastewater utility to provide service to a property known as "The Collier Rod & Gun Club at the Preserve" in Collier County, Florida and submits the following information in support thereof: I. APPLICANT INFORMATION A. The full name, address and telephone number of Applicant is: Rod & Gun Development, LLC, a division of Barron Collier Companies David B. Genson (dgenson (&barroncollier.com) 2600 Golden Gate Parkway Naples, FL 34105 (239) 262-2600 B. The names, address, emails and phone number of the individuals to contact concerning this Application are: William E. Sundstrom, P.A. (wsundstrom 0 sundstrom -law. com) F. Marshall Deterding(iudeterdingPsundstrom-law.com) Sundstrom Law, LLC 2548 Blairstone Pines Drive Tallahassee, Florida 32301 (850) 877-6555 C. The Applicant is a Florida limited liability company created on May 23, 2025. Exhibit A is a certified copy of Applicant's Certificate of Active Status. At a point in time prior to the commencement of the provision of water and wastewater services, the Applicant will transfer the obligation to provide water and wastewater services to The Master Homeowners Association as described below. The Master Homeowners Association expects to begin providing water and wastewater services to buildings and residents within The Collier Rod & Gun Club at the Preserve (also referred to herein as the "Project") in early r2iT►�.� D. The name and address of Applicant's General Manager is Karl Bublitz, 2600 Golden Gate Parkway, Naples, Florida 34105. His phone number is 239-825-0479• II. DESCRIPTION OF THE APPLICANT A. The Master Homeowners Association for the Project will be formed in the next 24 months. Therefore, this Application for Declaration of Exemption is filed by the Developer on behalf of the future Master Homeowners Association. B. Water and wastewater service is expected to be provided in early 2028 to initial Project buildings and for construction water services. Throughout the year, houses will come online. The expected timeline for buildout of the Project is four years. C. The Master Homeowners Association will provide water and wastewater service, roadway maintenance, groundskeeping, etc. for the Project, including the "Homestead" which will be the social center of the Club with tennis, and a fitness and wellness center. Basically, all the Project amenities will be under the umbrella of the Master Homeowners Association. D. The Collier Rod & Gun Club amenities include a private 18-hole golf course, a 5-stand shooting pavilion, sporting clays, an extensive trail system designed around natural terrain and curated dining experiences. There will also be, at build out, approximately 170 private residences, seasonal residences and member -only cabin rentals, as well as a variety of recreational and wellness amenities. E. The water and wastewater treatment plant facilities which will serve the Project are quite small, consisting of a 55,000 gallon per day water treatment plant and a 55,000 gallon per day wastewater treatment plant. Clearly, the small size of these facilities alone demonstrates that it is not compatible with the definition of a regulated public utility as would otherwise be contemplated by either Collier County Ordinance 96-6 or Chapter 367, Florida Statutes. F. There will be three individual neighborhood associations within the Project, but the individual neighborhood associations will receive their water and wastewater services from The Master Homeowners Association. G. The costs for such things as groundskeeping, road maintenance, and provision of water and wastewater will be paid by the Master Homeowners Association and apportioned among the members. For instance, if all the costs of such services were, say, by way of example, $1.5 million, and there were 150 members in the Master Homeowners Association, then the bill to each of them would be $10,00o per year. The Master Homeowners Association will neither earn, nor lose any monies in marshalling and paying the cost of operation of the Master Homeowners Association on an annual basis. H. The Project is in the early stages of its permitting activities and expects to file for its South Florida Water Management District Consumptive Use Permit and Florida Department of Environmental Protection Water and Wastewater Plant Construction Permits in the last half of this year. III. DESCRIPTION OF THE EXEMPT SERVICE AREA A. Attached hereto as Composite Exhibit B are descriptions and overlay maps of the Collier Rod & Gun Development property to be served with water and wastewater utility services through the auspices of the Master Homeowners Association as described above. IV. GENERAL SYSTEM INFORMATION A. Applicant intends to provide, through The Master Homeowners Association, utility services to the homes, cottages, clubhouse facilities, etc., and other common areas within the Project without specific compensation for any such service. Membership in said Association will be mandatory for any home or cottage owner within the Project. B. Applicant has engaged the law firm of Sundstrom Law, well known for its extensive knowledge and experience in the regulation of private and public utilities in Florida, and which law firm has issued its opinion that the Applicant's operation of its water and wastewater utility is exempt from the provisions of Collier County Ordinance 96-6. A copy of said opinion is attached hereto and incorporated as Exhibit C. V. EXEMPTION A. Collier County Ordinance 96-6, Section 1-4.h requires an Affidavit upon which a determination by the Authority as to the Applicant's asserted exempt status can be ascertained. The required Affidavit is attached hereto incorporated herein as Exhibit D. VI. REQUEST FOR DECLARATION OF EXEMPTION A. Applicant hereby requests the Authority issue a Declaration of Exemption to the Project on behalf of the Developer and The Master Homeowners Association, pursuant to Section 1-2 (z) 5, of Collier County Ordinance No. 96-6. Respectfully submitted, this 29th day of January, 2026: /s/ William E. Sundstrom William E. Sundstrom, PA F. Marshall Deterding Sundstrom Law, LLC Attorneys for Applicant Exhibit A (Certificate of Active Status) State of Florida Department of State I certify from the records of this office that ROD & GUN DEVELOPMENT, LLC is a limited liability company organized under the laws of the State of Florida, filed on May 23, 2025. The document number of this limited liability company is L25000245440. I further certify that said limited liability company has paid all fees due this office through December 31, 2025 and that its status is active. Given under my band and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of Januiny, 2026 .Secretaty off tllte Tracking Number: 1414156019CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:Hservices.suibiz.org/Filings/CertificateOfStatus/CertificateAutiieuticatiov Exhibit B (Overlay Maps and Description of Utility Facilities Sizing and Location) z I poll OIL WELL ROAD ROD AND GUN CLUB, PROJECT BOUNDARY UTILITY SITE fT N 0 AND GUN CLUB J �.� � �>�, ,., f `` _ ~' �•�,Ix y� j-^- J ram,►. �. �ey..ji •irk i r -,• I.. � ` � .`S! �' •'-4 i:�'� r Vs4trf D l�r 1 P,�e r� i. 'l'fs.. � l:� � f�.� � � L (��L *i11`. x�eL a�ck ' �e, �Ta v� •� - �. t i �j-) +r~r'�: fz s s �'9 3 yet r � t ~ s � �� � �:r ► �� F, fy,. .5 �` S s�3:. T{` �� -�f f, 1 t ;,w �^ . 1 r t ,. s t H f , . T r ■ii 3'�y . I1 ' a�I� �+�4���II'��lfIlII01G1'' Y � �{� y ° . 1S ><et , �:.d€--'_ tk"�� ~ '.• j 1 - ` � - � 1 i , � 3:SLi1•ItSs_>? j PROJECT: TITLE: CLIENT: SEC: 18-20,24,29-32 TWPAes RGE:29E830E Designed by: JOHN ENGLISH, PE P E N I N S U LA Q, Drawn by: FABIO CASTELLANOS ENGINEERING COLLIER ROD UTILITY SITE — Date: JAN2026 CSC FARMS, LLC Drawing Scale: 1•=2000' AND GUN CLUB OVERALL File: P-ABCP-010-003-X66-1-U61ity.dwg 2600 Golden Gate Pkwyra � 239.403.6700 Project Number: P-ABCP-010-003 Naples, FL 34105 Pen-Eng.com X66-1 Florida Englneering C.A#28275 Sheet ID: IFlorida Landscape C.A#LC26000632 Sheet Number: 01 of 02 + + T + I I I F i I + I i-T+ + + yn \ n I + �— TO EFFLUENT TREATMENT WETLAND 0.055 MGD WWTP w > o ELECTRICAL + BUILDING w 0.055 MGD U WTP i+ _ _ y GENERATOR I I ' + 20,000 GAL POTABLE WATER TANK WATER SUP . Y" WELLS FO P + r 4 +' I y + T 540,000 GAL r ORAGETANK T FO I E FLOW + I + ' + i T t + + — i + � f - I I I T NOTE I UTILITY SITE PLAN, LAYOUT, AND FACILITIES DESIGN ARE PRELIMINARY, AND SUBJECT TO CHANGE DURING THE FINAL DESIGN PERMITTING PROCESS 4-w _.. PROJECT: TITLE: PENINSULA ENGINEERING COLLIER ROD UTILITY SITE AND GUN CLUB SITE PLAN 26GO Golden Gate Pkwyu u 239.403.6700 n�✓ j. ROD AND GUN CLUB _ UTILITY SITE (± 2.53 AC)/ !' it ER ���.��,:.,✓� UM S =I ol CLIENT: CSC FARMS, LLC SEC: 18-20,24,29-32TWP:48S RGE:29&30E Designed by: JOHN ENGLISH, PE Drawn by: FABIO CASTELLANOS Date: JAN 2026 Drawing Scale: 1"=100' File: P-ABCP-010-003-X66-2-Utility-30.dwg Project Number: P-ABCPP-00i00-003 Sheet ID: X66-2 Sheet Number: 02 of 02 Exhibit C (Opinion of Sundstrom Law, LLQ SUNDSTRom LAW ATTORNEYS I COUNSELORS January 29, 2026 Rod & Gun Development, LLC c/o David B. Genson dgenson (&barroncollier. com Re: Rod & Gun Development; Water and Wastewater Utility Services Dear David, You have inquired as to the regulatory responsibilities of the proposed water and wastewater utility systems which will provide service to an exclusive community being designed and constructed under the auspices of Barron Collier Partnerships, LLLP known as The Collier Rod & Gun Club at the Preserve (Club). The Club will be constructed on a large swath of 2,000 plus acres of natural wilderness, southwest of the intersection of Oil Well Road and State Road 29, about five miles east of Ave Maria, consisting of single- family seasonal residences and member -only rental cabins, with multiple amenities such as a private golf course, sporting clays, and an extensive trail system designed around the natural terrain. The Club will have a Master Homeowners Association which will manage the deed restricted property around the homes, the green and conservation spaces, as well as the water and wastewater utility services, among other amenities. The Master Homeowners Association will be responsible for the collection of annual revenue from the property owners/members within the Club to pay for such things as lawn and street maintenance, and the cost and operation of common facilities that are available only to homeowners/members, including water and wastewater utility services. The Club will aggregate all such expenses on an annual basis and assess the homeowners/members, therefore. There will be no separate compensation for water and wastewater utility services. Specifically, you have inquired whether the provision of water and wastewater utility services will subject the Club to regulation as a "utility" under the Collier County Water and Wastewater Utilities Regulatory Ordinance. Collier County Ordinance 96-6. To answer this question, one must first understand the basis for water and wastewater utility regulation, generally, and also in Florida, specifically. The hallmark of a capitalist society is free and open competition. However, it is simply not practical, 2548 BLAIRSTONE PINES DRIVE TALLAHASSEE, FLORIDA 32301 (850)877-6555 Mr. David B. Genson January 29, 2026 Page 2 neither physically nor economically, to have competing water and wastewater utility systems. Thus, in general, privately -owned utility systems are granted monopoly status and, in exchange, such utilities agree to be regulated so that they are in a position where they neither over earn nor underearn a return on their capital investments. Florida law further recognizes that certain utility systems need not be regulated, such as county and municipal systems, as, at least in theory, such systems are ultimately controlled by the voters who elect their representatives to determine the appropriate level of rates and charges. Further, manufacturing facilities and hotels are similarly unregulated as it is simply impractical to add water and wastewater surcharges to finished products or hotel occupancy charges. Homeowners' associations fall under the same general category of exemptions because the owner of such system is the association and the cost of utility service to the members thereof are fairly apportioned among the members of the association with no element of profit involved to an investor. It is our opinion that the Club will not be subject to regulation by the Collier County Water and Wastewater Authority as County Ordinance 96-6, which created said Authority, exempts from regulation "Homeowner's Associations providing utility service to their own tenants or unit owners without specific compensation for any such utility services." Collier County Ordinance 96-6, Section 1-2. Z. 5. Collier County Ordinance 96-6 requires, however, in Section 1-4. h. entitled "Claims of Exemption from Regulation" provides that: Each person or entity that claims an exemption from regulation (non -jurisdictional finding) by the County through application of any one or more of subparagraphs of subsection 1-2 (Z), (definition of "Utility"), must file with the Authority an affidavit sworn to upon personal knowledge and signed by the affiant, who must be an authorized representative of the applicant. The affidavit must contain the name of the Utility, its complete street and mailing address, and sufficient information describing the Utility system upon which a determination as to the applicant's asserted exempt status can be ascertained by the Authority, plus citation to the specific subparagraph of subsection 1-2(Z), above, upon which the asserted exemption is based. Such application for declaration of exemption may be granted by Final Order of the Authority without any public hearing thereon, but if a complaint is filed by any person or entity with standing, the Authority may hold a public hearing to consider and decide the merits of the application by Final Order. These minimum filing requirements for an exemption do not apply to any Governmental Agency; any Governmental Agency may obtain Mr. David B. Genson January 29, 2026 Page 3 a Declaration of its claimed exemption by letter request to the Authority. Thus, notwithstanding our opinion that the Club will be exempt from regulation as a utility by the Collier County Water and Wastewater Authority, we recommend that an Application for Declaration of Exemption containing an affidavit as described above as well as a copy of this opinion be filed with and processed by the Authority to confirm the stated exemption. Should you have any questions or comments regarding the above, please do not hesitate to call us. Sincerely, SUNDSTROM LAW, LLC /s/ William E. Sundstrom William E. Sundstrom, PA For the Firm WES/brf cc: Karl Bublitz Exhibit D (Required Affidavit) STATE OF FLORIDA COUNTY OF COLLIER Before me, the undersigned authority, authorized to administer oaths and talce acknowledgements, personally appeared David B. Genson, who, after being duly sworn, did depose on oath and saythat he is the President of Development of Barron Collier Companies, and that the facts and information contained in the Application and Exhibits are true and correct. Specifically, the Applicant, through its Master Homeowners Association, will provide water and wastewater utility services within the Collier Rod & Gun Club without specific compensation for any such services; thus, Affiant asserts that its water and wastewater utility operations will be exempt from regulation by the Collier County Water and Wastewater Authority by virtue of Section 1-2 ( c) 5 of Collier County Ordinance 96-6. /,U 5 avid B. Genson Sworn to and subscribed this 2 7 day of January, 2026: 0��•"Y" e�; • SABINA HARDY *: *°L OMMISSION # HH 343836 IRES: January 14, 2027 •:FOpFIO,. Notary Public THIS PAGE INTENTIONALLY LEFT BLANK NOTE: THE APRIL 6, 2026 MEETING WAS CONTINUED TO APRIL 13, 2026 DUE TO FAILURE TO HAVE A QUORUM EXHIBIT "E" UTILITY AGREEMENT COLLIER ROD AND GUN CLUB AT THE PRESERVE CSC Farm, LLC and Board of County Commissioners of Collier County Acting Ex-Officio Collier County Water -Sewer District April 13, 2026 Collier County Water and Wastewater Authority INSTR 6465224 OR 6297 PG 460 RECORDED 10/16/2023 3:54 PM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC $69.50 UTILITY AGREEMENT Collier Rod and Gun Club at the Preserve THIS AGREEMENT ("Agreement") is made and entered into this _(. day of 2023 by and between the Board of County Commissioners of Collier County, Florida, acting ex-officio as the Governing Board of the Collier County Water -Sewer District (hereinafter referred to as "District" or "County"), and CSC Farm, LLC, a Florida limited liability company, (hereinafter referred to as "Developer"). RECITALS: WHEREAS, the District provides water, wastewater and irrigation water service (collectively known as "utility services"), in an economical and environmentally beneficial manner to much of the unincorporated area of Collier County; and WHEREAS, the Developer is proposing a project within the District's service boundaries known as the Collier Rod and Gun Club at the Preserve ("the Development") which is depicted in Exhibit A to this Agreement; and WHEREAS, this Agreement is intended to reduce to writing the terms and conditions between the District and the Developer as to the provision of certain utility services by the District to the Development. NOW, THEREFORE, the District and the Developer agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. If and when the District brings water, sewer, or irrigation quality water to within 200 feet of the Development, and District provides notice to serve the Project, the Developer shall comply \\ ith the following: a. Developer shall have 1 year to design, permit, and commence construction to connect to the public system. Design and construction shall meet then current District standards for any of the services provided (Water, Wastewater, or Irrigation Quality water). Developer shall have 5 years to construct and connect the associated water, sewer, or irrigation quality water infrastructure, including the elimination of all interim wastewater treatment facilities and potable water facilities which service is being replaced by the District. b. Developer shall convey easement(s) pursuant to then -current District standards, at no cost to the District, associated with all infrastructure to be conveyed to the District. Easements shall be provided prior to final acceptance. C. The utility site for the Development is shown on Exhibit B-1. The master wastewater connection point is intended to be where the interim treatment equipment and proposed leach field is going to be located, as shown on Exhibit B-2, which shall serve as the location for conversion to accommodate a master lift station and booster station, if needed (not to exceed 100 feet by 100 feet). d. The access easement to the District from a public road to the master point of connection is reflected in Exhibit C. This easement shall be conveyed to the County at the time of the Developer's first SDP or PPL application. e. If and when connected to the District system, the impact fee and user fee rates will be set and charged by the District. The District reserves the right, but not the obligation, to conduct a special rate study, and Developer agrees to accept such rates set forth in the study. f. Wastewater systems which are on the development side of the master connection point, as shown on Exhibit B-2, will remain private and do not have to meet District utilities standards but shall comply with all government standards. g. Everything at the connection point, including master lift station and possible booster station, back to the public right of way, will meet the District standards for design and construction. 3. Given both the unique nature and remoteness of the Development, the parties agree that the District has no obligation to provide water, sewer, or irrigation quality water now or in the future. 4. Developer's disclosure documents to be provided to buyers will include notice that the residents are on private systems and the District has no obligation to provide water, sewer, or irrigation quality water now or in the future. 5. The Developer will provide the District a copy of the annual report provided to FDEP and review annually the District's plans for expansion. 6. Should the District identify a project in the Capital Improvement Program (CIP) that shows funding to provide service to within 200' of the development has been identified in the five (5) year work program and the District notifies the landowner of the District's intent to provide service, then Developer will notify the all of the property owners within the project and begin to set aside sufficient funds to complete the connection to the public system. Legal Matters 7. This Agreement shall not be constructed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 8. The burdens of this Agreement shall be binding upon, and the benefits ofthis Agreement shall inure to, all successors in interest to the parties to this Agreement, including but not limited to a Homeowner's or like Association. 9. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the Developer or the Development's owner or its successors or assigns, of the necessity of complying with any law, ordinance rule or regulation governing said permitting requirements, conditions, terms or restrictions. 10. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a many which best reflects the intent of this Agreement. 11. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Effective Date. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 12. In the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by means of the County's then -current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and 0 Witness: CSC FARM, LLC, a Florida Limited Liability Company BY: Barron Collier Corporation, its Manager By: A�� Name and Title: G O 4 Gp,O Ca O yj --------6Z-ts-----------� , a C c a } Z O — m �- Q U m Q 0 X w W W O Q om O ,J W CL U W > G� Z = W W U) QW O a_ U Q `-' 0 Fd 0 U _t Q it U U) U om 0 LU C) LLJ > CLz=w w D ~ CO JC�Qof w O0 Q all other remedies available to the parties for the enforcement of the Agreement. 13. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder (including County's option) shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: To Developer: Collier County Manager's Office Nick Casalanguida 3299 Tamiami Trail East, Suite 202 2600 Golden Gate Parkway Naples, FL 341 12-5746 Naples, FL 34105 14. This Agreement constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. 15. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. BOARD OF COUNTY COMMISSIONERS ` "lli"""'l",r,? OF COLLIER COUNTY, FLORIDA, ATTE$ F: .''� . as the ex-oficio Governing Board of the Crystal K.'Ki el, 1'v of, _hurts Collier County Water -Sewer District By.: By: Att f s to C air anQeput� Qerk Rick LoCastro, Chairman sig, ture my ApprovedW#li and legality: Jeffrey A. qlat4k�w, County Attorney REMAINING SIGNATURE BLOCK ON NEXT PAGE 0 Receipt# 008771829 10/16/2023 3:54:54 PM 1GR c0c, Crystal K. Kinzel Clerk of the Circuit Court and Comptroller 0 0 IF. CIRLO QVMgp�� n�gcgqp� Customer Deputy Clerk Clerk Office Location CLERK TO THE BOARD/MINS Stephanie L. Carr Collier County Govt. Center & REC Recordinghelp@collierclerk.com Building LA, 2nd Floor 3299 TAMIAMI TRL E STE 401 (239)252-2646 3315 Tamiami Trl E Ste 102 NAPLES, FL 34112 Naples, Florida 34112-4901 1 Document Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Agreement 6465224 6297 460 $69.50 TOTAL AMOUNT DUE $69.50 Clerk Account#: BCC ($69.50) BALANCE DUE $0.00 Note: 10/16/2023 3:54:54 PM Stephanie L. Carr: PUD Charge account: 408-210155-649030 Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. C�o000@)T@0@)uflz. n Page 1 of 1 THIS PAGE INTENTIONALLY LEFT BLANK NOTE: THE APRIL 6, 2026 MEETING WAS CONTINUED TO APRIL 13, 2026 DUE TO FAILURE TO HAVE A QUORUM ATTACHMENT `B" Final Order No. 2026-02 Collier Rod & Gun Club at the Preserve Application for Declaration of Exemption April 13, 2026 Collier County Water and Wastewater Authority FINAL ORDER NO. 2026-02 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO SECTION 1-4 G.3.h OF COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, PROVIDING FOR THE APPROVAL OF THE DECLARATION OF EXEMPTION FOR THE ROD AND GUN CLUB AT THE PRESERVE SUBJECT TO CONDITIONS SET FORTH BELOW. WHEREAS, Ordinance No. 96-6, as amended, authorizes the AUTHORITY to determine whether a proposed utility service is exempt from regulation and to issue a Declaration of Exemption when the applicant demonstrates eligibility under Section 1-2 Z.5 of said Ordinance; and WHEREAS, Section 1-4 G.3.h of Ordinance No. 96-6, as amended, requires submission of an affidavit sufficient for the AUTHORITY to ascertain the asserted exempt status. The Applicant's Affidavit satisfies this requirement; and WHEREAS, based on the Application, including the legal opinion and affidavit, and the record before the AUTHORITY, which provides that the utility infrastructure will be constructed and then turned over to the homeowners' association prior to commencement of the provision of water and wastewater services, the Rod and Gun Club at the Preserve project depicted in Exhibit "A" qualifies for exemption from regulation as a utility under § 367.022, Florida Statutes and Ordinance No. 96-6, as amended; and WHEREAS, the requested exemption pertains solely to regulatory jurisdiction and rate oversight and does not modify, impair, diminish, or supersede the County or the Collier County Water Sewer District's territorial service rights within the Collier County Water -Sewer District (CCWSD) boundaries; and WHEREAS, Collier County and the CCWSD do not consent or approve any removal, reduction, or modification of Collier County Water -Sewer District established service boundary; and WHEREAS, Collier County and/or CCWSD water and wastewater facilities are planned for future construction within the Applicant's proposed service area; however, County services are not currently available to the proposed development site; and WHEREAS, the proposed private water and wastewater facilities that are required to serve the Rod and Gun Club at the Preserve development constitute duplicative utility infrastructure within the County's established service area and are being installed at the Applicant's sole risk; and WHEREAS, on October 10, 2023, the CCWSD and CSC Farm, LLC entered into a Utility Agreement recorded in OR Book 6297 Page 460 et seq. of the Public Records of Collier County, attached herein as Exhibit "B", that binds the developer to connecting to the CCWSD utility infrastructure within 5 years of notice provided that the CCWSD utility infrastructure is within 200 feet of its property; and [26-OPS-01502/2003891/1] 26 Page 1 of 2 9 NOW, THEREFORE, IT IS HEREBY ORDERED by the Collier County Water and Wastewater Authority, in public meeting assembled, that: The Declaration of Exemption for Rod and Gun Club at the Preserve project depicted in Exhibit "A" is approved subject to the conditions expressly stated and set forth below. 2. Collier County and the Collier County Water Sewer District (collectively, "County") retain exclusive service rights within the Collier County Water -Sewer District boundaries. 3. This exemption does not grant a franchise, territorial rights, vested rights, or perpetual rights to Applicant or the Homeowners' Association to provide utility service within the Collier County Water -Sewer District boundaries or provide exempted utility services outside of the identified boundaries within Collier County Resolutions 23-183 and 23-184. 4. Upon availability of County water and/or wastewater utilities to the subject property, as described in the attached agreement, as may be amended from time to time, Exhibit "A", connection to County utilities shall be mandatory within the timeframe specified therein. 5, Upon connection to County utilities, all private utility infrastructure, or portion thereof, as determined by Collier County in its sole discretion, shall be properly abandoned, decommissioned, and removed in accordance with applicable federal, state or local regulatory standards at no cost to the County. 6. This Order shall become effective upon adoption by the AUTHORITY and shall remain in effect until the AUTHORITY authorizes a change. This Final Order adopted this 13th day of April 2026, after motion, second, and majority vote favoring the same. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY By. Ppt is Sherry, Chair Appr ved as to form and Iegality: Wx_ Heidi As ton-Cic o, Esq. s-27-26 Managing Assistant County Attorney Attachments: Exhibit A- Rod and Gun Club at the Preserve project boundaries Exhibit B-Utility Agreement [26-OPS-01502/2403891/1] Page 2 of 2 CAO PENINSULAS, ENGINEERING 11 PROJECT: COLLIER ROD AND GUN CLUB 26GO Golden Gate�Pkwyr� 239.4C)3.670 0 Nanlas. FL 34105 Pen•Eng.com TITLE: I CLIENT: UTILITY SITE - OVERALL EXHIBIT A CSC FARMS, LLC SEC: 18-20,24,29-32 TWPABS RGE:29E830E Designed by: JOHN ENGLISH, PE Drawn by: FABIO CASTELLANOS Date: JAN 2026 Drawing Scale: 1 ° = 2000, File: P-ABCP-010-003-X66-1-U01ity.dwg Project Number: P-ABCP-010-003 Sheet ID: X66-1 Sheet Number: 01 of 02 INSTR 6465224 OR 6297 PG 460 RECORDED 10/16/2023 3:54 PM PAGES 8 EXHIBIT B CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC $69.50 UTILITY AGREEMENT Collier Rod and Gun Club at the Preserve THIS AGREEMENT ("Agreement") is made and entered into this Jk)L day of (% o keZ 2023 by and between the Board of County Commissioners of Collier County, Florida, acting ex-officio as the Governing Board of the Collier County Water -Sewer District (hereinafter referred to as "District" or "County"), and CSC Farm, LLC, a Florida limited liability company. (hereinafter referred to as "Developer"). RECITALS: WHEREAS, the District provides water, wastewater and irrigation water service (collectively known as "utility services"), in an economical and environmentally beneficial manner to much of the unincorporated area of Collier County; and WHEREAS, the Developer is proposing a project within the District's service boundaries known as the Collier Rod and Gun Club at the Preserve ("the Development") which is depicted in Exhibit A to this Agreement; and WHEREAS, this Agreement is intended to reduce to writing the terms and conditions between the District and the Developer as to the provision of certain utility services by the District to the Development. NOW, THEREFORE, the District and the Developer agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. If and when the District brings water, sewer, or irrigation quality water to within 200 feet of the Development, and District provides notice to serve the Project, the Developer shall comply ,vith the following: a. Developer shall have 1 year to design, permit, and commence construction to connect to the public system. Design and construction shall meet then current District standards for any of the services provided (Water, Wastewater, or Irrigation Quality water). Developer shall have 5 years to construct and connect the associated water, sewer, or irrigation quality water infrastructure, including the elimination of all interim wastewater treatment facilities and potable water facilities which service is being replaced by the District. b. Developer shall convey easement(s) pursuant to then -current District standards, at no cost to the District, associated with all infrastructure to be conveyed to the District. Easements shall be provided prior to final acceptance. C. The utility site for the Development is shown on Exhibit B-l. The master wastewater connection point is intended to be where the interim treatment equipment and proposed leach field is going to be located, as shown on Exhibit B-2, which shall serve as the location for conversion to accommodate a master lift station and booster station, if needed (not to exceed 100 feet by 100 feet). d. The access easement to the District from a public road to the master point of connection is reflected in Exhibit C. This easement shall be conveyed to the County at the time of the Developer's First SDP or PPL application. e. If and when connected to the District system, the impact fee and user fee rates will be set and charged by the District. The District reserves the right, but not the obligation, to conduct a special rate study, and Developer agrees to accept such rates set forth in the study. f. Wastewater systems which are on the development side of the master connection point, as shown on Exhibit B-2, will remain private and do not have to meet District utilities standards but shall comply with all government standards. g. Everything at the connection point, including master lift station and possible booster station, back to the public right of way, will meet the District standards for design and construction. 3. Given both the unique nature and remoteness of the Development, the parties agree that the District has no obligation to provide water, sewer, or irrigation quality water now or in the future. 4. Developer's disclosure documents to be provided to buyers will include notice that the residents are on private systems and the District has no obligation to provide water, sewer, or irrigation quality water now or in the future. 5. The Developer will provide the District a copy of the annual report provided to FDEP and review annually the District's plans for expansion. 6. Should the District identify a project in the Capital Improvement Program (CIP) that shows funding to provide service to within 200' of the development has been identified in the five (5) year work program and the District notifies the landowner of the District's intent to provide service, then Developer will notify the all of the property owners within the project and begin to set aside sufficient funds to complete the connection to the public system. Legal Matters 7. This Agreement shall not be constructed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 8. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, including but not limited to a Homeowner's or like Association. 9. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the Developer or the Development's owner or its successors or assigns, of the necessity of complying with any law, ordinance rule or regulation governing said permitting requirements, conditions, terms or restrictions. 10. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a many which best reflects the intent of this Agreement. 11. Developer shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Effective Date. Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 12. in the event of any dispute under this Agreement, the parties shall attempt to resolve such dispute first by means of the County's then -current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terns of this Agreement, and remedy being cumulative with any and Witness: Name: (SAT-, CSC FARM, LLC, a Florida Limited Liability Company By: Barron Collier Corporation, its Manager By: K� — Name and Title: G O 4 (GTO) o z z = V) . ;E T- _zp,m § z LU u*j)- [ (! 3z;lhAl _ /! b I � 10 < - j \('CA4 O hm z Il(1! [ 1 U 2 UO Qm �i O �00Il® � w � 5z UZJ mwa� >ir Q - y/� � W Z ~ J W E W C7 < `. Z w,I Z,w F `I <U~ate og� t U w 0 r rr 7mW ' Q "7> xUo zm o oUmv Zoz ao Q.... mooW } Z H W w U) -. .-. ZQ¢=OW w J_ gwU wz a w � w W J =¢Ogr4 0.,. � r z2ED m Z W Q U w W U U K r z z 0 j z z r rn w Y g 0 d � Q U z z a U J O (Wa WINz Q NN a a sa- W w� m O O adQw ad d W I r Z �JO m�Q U m Q X w W W > Q O co O ,J W of U W > Z = W W��U) Jc�<LU Oz o U Q a `-' 0 164 I all other remedies available to the parties for the enforcement of the Agreement. 13. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder (including County's option) shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: To Developer: Collier County Manager's Office Nick Casalanguida 3299 Tamiami Trail East, Suite 202 2600 Golden Gate Parkway Naples, FL 341 12-5746 Naples, FL 34105 14. This Agreement constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. 15. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ATTEST: as the ex-oficio Governing Board of the Crystal K. Ki el, ler ' o(f Collier County Water -Sewer District By: _ _ By: Attest as to C lrr4anVeputy Glerk Rick LoCastro, Chairman signature my • J�� 1 1NN, Approved and legality: Jeffrey A. gldt4kkw, County Attorney REMAINING SIGNATURE BLOCK ON NEXT PAGE 0 Collier County Water and Wastewater Authority Attendance Roster — Date: April 13, 2026 CCWWA Members **Must have (3) members for a quorum** Patricia Sherry: Present Bryant Elliot Collins: Present Eloy Ricardo: Present Don Munksgaard: Present Vacant: Staff Members James French Present Deputy Department Head, GMCD Evelyn Trimino Present Director, Operations & Regulatory Management Heidi Ashton Present Managing Assistant County Attorney Evelyn Trimino t Director— Operations Support, Operations & Regulatory _ Management, GMCD Heather Yilmaz, Management Analyst Present V Staff Liaison, Operations & Regulatory Management Michael Stark Present Director -Operations and Support, CMO Additional Staff Name and Title Collier County Water and Wastewater Authority Public Sign -in Sheet April 13, 2026 Please Print NAME I REPRESENTING I PHONE NO. krA 1%afl o William Sundstrom, P.A. I Rod and Gun Development, LLC. 1 850-877-6555 Collier Countv Government Communications, Government & Public Affairs 3299 Tamiami Trail E., Suite 102 Naples, Florida 34112-5746 April 07, 2026 FOR IMMEDIATE RELEASE Notice of Public Meeting Collier County Water and Wastewater Authority Collier County, Florida April 13, 2026 3:00 p.m. NOTE: THE APRIL 6, 2026 MEETING WAS CONTINUED TO APRIL 13, 2026 DUE TO FAILURE TO HAVE A QUORUM. Notice is hereby given that the Collier County Water and Wastewater Authority will meet on Monday, April 13, 2026 at 3:00 p.m. at the Growth Management Department conference room 609/610, located at 2800 Horseshoe Drive N., Naples, Florida. The agenda will be available on the Collier County Government website at https://www.collier.gov/Collier- County/AdvisorlBoards-Authorities/Advisory-Boards/Water-and-Wastewater-Authority. About the public meeting: Two or more members of the Board of County Commissioners may be present and may participate at the meeting. The subject matter of this meeting may be an item for discussion and action at a future Board of County Commissioners meeting. All interested parties are invited to attend, and to register to speak. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252-8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. For more information, call Evelyn Trimino at (239) 252-4317 or Heather Yilmaz at (239) 252-8389. la cOURr oClerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 r Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, CCWWA I Collier County Water Wastewater Authority Final Order: 2026-01 was published on the publicly accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 04/08/2026 until 04/14/2026. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. (Aff nt ignature) 'IR , YV(4� sm ('Affiarit Printed Name) •` .. :Sworn to aid subscribed before me this 04/14/2026 K�kinael Clerk of the Circuit Court & ;o Cioptmller (Deputy Clerk`8ignature) (Deputy Clerk Printed Name) Date NOTICE OF PUBLIC MEETING AND FINAL ORDER NO.2026-01 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 CONFERENCE ROOM 609/610 MONDAY, APRIL 13, 2026 3:00 P.M. NOTE: THE APRIL 6, 2026 MEETING WAS CONTINUED TO APRIL 13, 2026 DUE TO FAILURE TO HAVE A QUORUM FINAL ORDER NO.2026-01 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO SECTION 1-6, COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, PROVIDING FOR THE ADOPTION OF THE 2026 PRICE INDEX FACTOR SET ANNUALLY BY THE FLORIDA PUBLIC SERVICE COMMISSION, FOR UTILIZATION IN PRICE INDEX RATE APPLICATIONS FOR INVESTOR -OWNED WATER AND/OR WASTEWATER UTILITIES OPERATING IN COLLIER COUNTY. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY PATRICIA SHERRY, CHAIRMAN Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, CCWWA I Collier County Water Wastewater Authority Final Order: 2026-02 was published on the publicly accessible website https:Hnotices.collierclerk.com as designated by Collier County, Florida on 04/08/2026 until 04/14/2026. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. �C (Afiant ignature) (Affiant PrinName) Sworn to. and subscribed before me this 04/14/2026 Custal K1nzel elerk of the Circuit Court & (-,Co�.fnp ra er ;- - •, ' • • (Deputy'Clerk-gignature) f e /ieLf } in e Z y Z (Deputy Clerk Printed Name) Date NOTICE OF PUBLIC MEETING AND FINAL ORDER NO.2026-02 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 CONFERENCE ROOM 609/610 MONDAY, APRIL 13, 2026 3:00 P.M. NOTE: THE APRIL 6, 2026 MEETING WAS CONTINUED TO APRIL 13, 2026 DUE TO FAILURE TO HAVE A QUORUM FINAL ORDER NO.2026-02 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO SECTION 14 G.3.11 OF COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, PROVIDING FOR THE APPROVAL OF THE DECLARATION OF EXEMPTION FOR THE ROD AND GUN CLUB AT THE PRESERVE SUBJECT TO CONDITIONS SET FORTH. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY PATRICIA SHERRY, CHAIRMAN