Section 1. Required Services.
The Sub-Association shall as
required provide the following services:
(1) All signage (including lighting thereof and supplying electricity for this purpose) of Sun Valley P.U.D. located at the entrance or entrances of the Properties from public streets outside of Sun Valley P.U.D., including but not limited to maintenance and repair of any signs, planter boxes, and landscaping ancillary thereto constructed by the Developer. If such signage is constructed on property owned by or dedicated to this Sub-Association or property which becomes so owned or dedicated, the Sub-Association shall pay all tangible personal property taxes, if any, assessed against such signage.
(2) The main roads which the Developer has projected in the Development Plan for the Properties, as such projection may be implemented or modified, including additional main roads and any gatehouses constructed thereon by the Developer, any Developer with the approval of the Company, or this Sub-Association with the approval of the Developer.
(3) Any common areas and common properties, the responsibility for maintenance of which has been assigned to this Sub-Association. This includes common areas and common properties dedicated to this Sub-Association, or otherwise transferred, which, in the opinion of the A.R.C. (defined below), have been completed and require periodic upkeep for their maintenance. The Sub-Association shall not be required, however, to maintain lots on which Family Dwelling Units will be constructed; all of which shall remain the responsibility of the Developer until said properties are conveyed to other Owners. Notwithstanding the foregoing, should this Sub-Association fail to maintain the surface water management portions of the common areas for which responsibility for maintenance has been assigned to it, the Master Association shall be responsible for the operation and maintenance of said surface water management areas, as more particularly set forth in Section 6 of this Article and in Article X, Section 16, of this Sub-Declaration. No delegation or assignment of responsibility shall relieve the Master Association of any of its primary obligations imposed upon the Master Association by the South Florida Water Management District or any other Governmental Agency. The Master Association shall have recourse against this Sub-Association for such failure.
Section 2. Authorized Services.
The Sub-Association shall be
authorized, but not required, to provide the following services:
Section 3. Obligation of the Sub-Association.
When, as and if
the exclusive use of any Common areas, open spaces and Common
Property are transferred to the Sub-Association, then the Sub-Association
shall assume the obligations of the Master
Association and be obligated. to (1) maintain all such Common
Areas, open spaces and Common Property within the limits and
boundaries of the Properties, and (2) carry out the functions and
services specified in Section l of this Article to the extent
such maintenance and services can be provided with the proceeds
of annual and/or special assessments. The functions and services
specified in Section 2 of this Article to be carried out or
offered by the Sub-Association at any particular time shall be
determined by the Board of Directors of the Sub-Association
taking into consideration remaining proceeds of annual
assessments and the needs of the Members of the Sub-Association.
The functions and services which the Sub-Association is
authorized to carry out or to provide pursuant to Section 2 of
this Article may be added to or reduced at any time upon the
affirmative vote of a majority of the Board of Directors.
Section 4. Mortgage and Pledge.
The Board of Directors of the
Sub-Association shall have the power and authority to mortgage
the property of the Sub-Association and to pledge the revenues of
the Sub-Association as security for loans made to the Sub-Association,
which loans shall be used by the Sub-Association in
performing its functions.
Section 5. Conveyance to Sub-Association.
The Sub-Association
shall be obligated to accept any and all leases, agreements
granting exclusive uses, deeds of conveyance, easements, bills of
sale delivered to it by the Company, the Developer, or the Master
Association which deeds convey title to common areas, roadways,
other rights of way or Recreational Facilities and ancillary
property, or the exclusive use thereof.
Section 6. Surface Water Management System.
The Master
Association has undertaken and must at all times maintain, in
compliance with the rules and regulations promulgated by the
South Florida Water Management District, appropriate drainage for
surface water for the property covered by this Sub-Declaration
and other lands. Such drainage system shall cover surface water
in common areas, regular and storm drainage on dedicated streets
and other rights of way, lake drainage and such other
requirements as may be imposed by the South Florida Water
Management District. The Master Association shall apply for and
obtain such permits and licenses as may be required by the South
Florida Water Management District for the property covered by
this Sub-Declaration and for any future property which may be
covered hereunder. The Master Association, at its own cost and
expense, shall provide the Company and South Florida Water
Management District with any and all plans and specifications,
surveys, descriptive maps, and other documentation required for
the maintenance of surface water as contemplated by this Section
and shall give and grant to the Company, owners of adjacent land,
Palm Beach County, The South Florida Water Management District,
any and all easements and rights of way required to effect proper
surface water management. All physical earth moving,
landscaping, sloping, grading and other work required to be done
on the property covered by this Sub-Declaration shall be done at
the cost and expense of the Master Association except so much
thereof as is hereby assumed by this Sub-Association. This Sub-Association
assumes so much of that obligation as relates to the
lands within the confines, boundaries or limits of the
Properties. Should any earth moving, landscaping, sloping,
grading and other work be interrelated with or required by the
drainage plan and similar work of property owned by other
sub-associations, condominium associations or other owners of
land subject to the Master Declaration, the cost of such work
will be apportioned between this Sub-Association and the person
responsible for drainage on such land. The determination of
appropriate percentage apportionment of any such work, if the
same cannot be agreed to by the parties involved, shall be
settled by arbitration as defined in the Florida Arbitration Code
(Florida Statute 682.01 et seq.), This portion of this Section
shall be deemed an arbitration agreement as defined in Florida
Statute 682.01. By its approval of this Sub-Declaration, the
Company and Master Association as well as the Developer and this
Sub-Association shall be deemed a party hereto where appropriate.
The purchasers of any lands adjacent or contiguous to the lands
covered by this Sub-Declaration who take title subsequent to the
recording of this Sub-Declaration shall similarly be deemed a
party where appropriate. By acceptance and approval of this Sub-Declaration,
the Company and Master Association shall be
obligated to obtain and cause to be filed of record a similar or
identical provision in the Sub-Declaration of any owner,
developer, home owner's association, condominium association or
other person responsible for surface water management of lands
presently subject to the requirements of the Master Declaration
and the requirements of the South Florida Water Management
District as they pertain to the properties covered by this Sub-Declaration.
PROVISO: Any maintenance equipment operating within the Florida Power and Light Company easement, located on the northern boundary of Sun Valley, shall be approved by Florida Power and Light Company prior to commencement of any maintenance activity within that easement.
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