Notwithstanding anything to the contrary contained in this policy, all those parties
who claim water and/or wastewater capacity pursuant to any developer's agreement or
service agreement between Marion County and other parties, predating the effective
date of this division (hereafter "said agreements") shall be entitled to receive service
pursuant to the terms of said contracts, so long as the party claiming rights under
said agreement has fully performed all conditions precedent and subsequent such that
the agreement is binding on all parties. The terms of these rules shall be applied
and interpreted consistent with Florida law, and the provisions of any Marion County,
Florida agreements. Should any such contract require the delivery of a financial commitment
in order to invoke or effectuate the provisions of the agreement before the county's
obligation for service is to arise, parties to any such agreement shall have thirty
(30) days from the date of the effective date of this division to deliver the financial
commitment. Failure by all parties to any such agreement to deliver their respective
financial commitment in full accordance with the agreement shall be deemed to terminate
the agreement and all said parties shall be subject to the terms of this division.
Nothing contained in this provision shall be construed, however, to contract away
the county's ability to otherwise amend or enforce this division or any other Ordinance
or Resolution in the same manner in which its predecessors in interest, had the ability
to modify said agreements or the rates, fees, charges, and policies, rules, and regulations
set forth therein or contemplated thereby in accordance with the reserved powers doctrine
set forth in H. Miller & Sons v. Paula Hawkins and the FPSC, 373 So.2d 913 (Fla. 1979).
