Section 1.Initial Property.
The real property which shall
initially be held, transferred, sold, conveyed, given, donated,
leased and/or occupied, and mortgaged, liened or encumbered,
subject to this Sub-Declaration is as first described above. The
Developer hereby reserves the right to review, modify, or amend
the Development Plan from time to time in its sole discretion by
adding or deleting real property, increasing or decreasing
density, relocating, and reducing or increasing lakes and open or
green areas. The Developer shall not be required to follow any
predetermined order of improvement and development within the
Properties; and may bring within this Sub-Declaration additional
lands and develop them before completing the development of the
Properties originally herein described. The Developer shall have
the power to add to, subtract from or make changes in the
Development Plan notwithstanding that such actions may alter the
relative voting strength of the various types of memberships of
the Sub-Association. The Developer also shall have the power to
change the configuration, size and price of Lots and Units.
Section 2. Additional Property.
Additional property may become
subject to this Sub-Declaration in the following manner:
Section 3. Planned Unit Development.
In accordance and to the
extent required by Section 500.21 of the Zoning Code of Palm
Beach County, Florida, as the same shall exist on the date this
Sub-Declaration is recorded, any portion of any plat containing
property subject to this Sub-Declaration and containing open
space may not be vacated in whole or in part unless such entire
plat is vacated. In the event any Family Dwelling Unit built
under said Section 500.21 is destroyed or removed by or for any
cause, or replaced, said Family Dwelling Unit shall be replaced
with a Family Dwelling Unit of at least similar size and type,
however, not exceeding the dimensions of the previous Family
Dwelling Unit or otherwise conforming to the then prevailing,
applicable Code.
Section 4. Deletion of Property.
Property may be deleted from
the operation of this Sub-Declaration by amendment hereof
pursuant to the provisions of Article X, subject to the
provisions of Article I, Section 1, Paragraph P.
Section 5. Lakes and Beaches.
Pending final development of Sun
Valley P.U.D., the Developer reserves the right to expand and
contract the shorelines of any lakes or beaches thereby
modifying the boundaries of same. No such modification shall
affect the shoreline of property owned by a person other than the
Developer without the consent of such owner. The exact location
of any boundary between any lakes or beaches and any contiguous
properties shall not become fixed until final development of all
properties contiguous to and surrounding any lakes or beaches.
Unless specifically provided in the deed from the Developer or in
any declaration of covenants, conditions, and restrictions or
similar instrument recorded by the Developer or approved by the
Developer, no conveyance of the property abutting any beach,
lake, or canal, and. without limiting the generality of the
foregoing, shall include title to land outside the legal
description contained on the deed and shall not include
shorelines or submerged land. All interested persons are also
called upon to take the notice of the Wellfield Zone of Influence
set forth in Article VI, Section 1C.
Section 6. Property Lines.
The fee simple title to any parcel
of land described as bounded by any street, lane, walkway, park,
playground, lake, pool, canal, greenbelt, or any other common
area which has not been dedicated or accepted by the public and
the fee simple title to any parcel of land shown on any plat
recorded or to be recorded as to any of the Properties abutting
upon any such common property shall not extend upon such common
property. The title to and use of such common property is
reserved to the Developer to be conveyed or dedicated as provided
elsewhere in this Sub-Declaration. All interested persons are
also called upon to take notice that water levels in lakes,
pools, canals and other water bodies vary in Florida from season
to season and from time to time, and may also be affected by the
Wellfield Zone of Influence; the shore line not being a
demarcation or measure of Property Lines.
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