SUB-DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF SUN VALLEY P.U.D I SUN VALLEY I-A SUN VALLEY II

ARTICLE VI

EASEMENTS

Section 1. Appurtenant Easements.
Subject to this Sub-Declaration, the Articles of Association, By-Laws, rules and regulations of the Sub-Association, as any or all may be amended and supplemented from time to time, and subject also to the easements reserved to the Developer in this Article and to the powers reserved to the Developer in Section 8 of this Article, the following easements are and may be created:

1. Roads and Rights of Way. The Developer hereby grants to the Owner of each Lot, Unit, Tract or Site, his guests, lessees, licensees, and invitees, and all Sub-Associations, as an appurtenance to the ownership of fee simple title to the same, a perpetual non exclusive easement for ingress and egress over, across, through and for the use and enjoyment of all roadways and other rights of ways; such use and enjoyment to be shared in common with the other Owners of any of the Properties, their guests, lessees, licensees, and invitees as well as guests, lessees, and invitees of the Company, the Developer, the Master Association, this Sub-Association and all other Sub-Associations.
2. Common Areas. The Developer hereby grants to each Member of this Sub-Association, his guests, lessees, licensees, and invitees, as an appurtenance to the ownership of such Member's Unit, Lot, Tract, or Site, a perpetual non exclusive easement for ingress and egress over, across, through and for the use and enjoyment of all common areas, including greenbelts and lakes, located within those portions of the Properties maintained by this Sub-Association; such use and enjoyment to be shared in common with the other Members of this Sub-Association, their guests, lessees, licensees, and invitees, as well as the guests, lessees, and invitees of the Company and the Developer.
3. Wellfield Zone of Influence. Notice is hereby given that the Properties and all of the other lands in Sun Valley P.U.D. is located in the zone of influence of the proposed wellfield for the City of Boynton Beach, and the on-site lakes may be subject to drawdowns, and that no supplemental withdrawals for the lake recharge from groundwater will be permitted by the South Florida Water Management District.

Section 2. Utility Easement.
The Developer reserves to itself, its successors or assigns, a perpetual easement upon, over, under and across the Properties for the purpose of maintaining, installing, repairing, altering and operating sewer lines, water lines, waterworks, sewer works, force mains, lift stations, water mains, sewer mains, water distribution systems, sewage disposal systems, effluent disposal systems, pipes, syphons, valves, gates, pipelines, cable television service, electronic security systems and all machinery and apparatus appurtenant to all of the foregoing as may be necessary or desirable for the installation and maintenance of utilities servicing all Owners of any of the Properties. All such easements shall be of a size, width and location as the Developer, in its discretion, deems best but selected in a location so as to not unreasonably interfere with the use of any improvements which are now, or will be, located upon the Properties.

Section 3. Sanitary Easement.
Certain lands (well sites) and appurtenant easements have heretofore been vested in, and are now owned by the City of Boynton Beach, Florida, a municipality existing under the Laws of the State of Florida. They are described on the Plats of the Properties, and are excluded from the lands subject to this Sub-Declaration. Easements surrounding each well site is hereby granted, ratified and confirmed to the City of Boynton Beach, being restrictive radial easements with a radius of one hundred (100) feet from each well location. The Developer, its successors and assigns, and every developer, owner, member, association or sub-association, shall be prohibited from utilizing that radial easement area in a manner which constitutes a sanitary hazard such as septic tanks, sewage or waste disposal areas. Any waste collection or transmission lines within said easement area shall be constructed to water main standards including the passing of the appropriate pressure and leakage tests. An easement is hereby granted to the City of Boynton Beach for ingress and egress to and from those well sites, but only to the extent necessary from time to time, over streets and other rights of way, paths, walks and paved, grassed or otherwise unimproved surfaces as the same may, in the sole discretion of the Developer, hereafter be installed, created or established in the Properties; reserving to the Developer the absolute power and right to fix, and change from time to time, the location and dimensions thereof, and to execute in the name of the Owners as their attorney-in-fact such documents as may be required or appropriate to exercise that power. All such easements shall be non-exclusive.

Section 4. Developer's Easement.
The Developer hereby reserves to itself, its successors and assigns, a perpetual easement, privilege and right in and to, over, under, on and across the Common Property, Recreational Facilities (if any), roadways, lakes, canals, and other rights, of way, for ingress and egress as required to its officers, directors, employees, agents independent contractors, licensees and invitees in order to show said properties and facilities to prospective purchasers and other invited guests, post signs and maintain sales offices. Such access and use shall not unnecessarily interfere with the reasonable use and enjoyment of these properties and facilities by the Owners thereof. Notwithstanding anything herein to the contrary, Developer further reserves unto itself, its successors and assigns, the exclusive right to operate in Sun Valley P.U.D. a cable television system and electronic security system, including all services and facilities related thereto, as well as a perpetual easement upon, over, under and across the Properties for the purpose of maintaining, installing, repairing, altering and operating said cable television service and electronic security system.

Section 5. Service Easement.
The Developer hereby grants to delivery, pickup and fire protection services, police, other authorities of the law, United States mail carriers, representatives of electrical, telephone, cable television and other utilities authorized by the Developer, its successors or assigns, and to such other persons as the Developer from time to time may designate, the non-exclusive, perpetual right of ingress and egress over and across the common property, Recreational Facilities (if any), roadways, easements and other rights of way for the purposes of performing their authorized services and investigations.

Section 6. Zero Lot Line Development.
In the event that any property covered by this Sub-Declaration is zoned to permit construction on a "zero lot line" basis, and if the SVARC approves construction on said basis upon any property covered by this Sub-Declaration, each Owner of property upon which "zero lot line" construction has occurred shall have an easement over such adjacent properties as may reasonably be required for the proper maintenance of his property.

Section 7. Signage Easements.
The Developer hereby reserves to itself, its successors and assigns, and to the Sub-Association, a perpetual easement, privilege and right in and over, under, on and across any portion of the Common Property and all other common areas abutting or adjacent to any street, road or highway running through or along the perimeter of the Properties for the purpose of erecting, maintaining, and repairing signage for the Properties provided that such easement shall not extend into any area covered by any plat recorded or to be recorded with respect to any of the Properties except such portions of such plat designated as common area or Common Property. Such easement shall not be extinguished by a warranty deed or other instrument given by the Developer unless said instrument expressly refers to easement created by this section. The term "signage" as used in this section shall include but not be limited to signs, planter boxes, landscaping, fountains, and other suitable decorative features.

Section 8. Extent of Easements.
The Developer reserves to itself and to this Sub-Association the following rights and powers, and any others' rights and enjoyment of the easements created hereby shall be subject to:

1. The right of the Developer or the Sub-Association, or any Sub-Association in accordance with its By-Laws, to borrow money from the Developer or any other lender for the purpose of improving and/or maintaining the common property, and providing the services authorized herein and, in aid thereof, to mortgage said properties;
2. The right of the Developer or the Sub-Association, as provided in its By-Laws, to suspend the rights and enjoyment of said easements of any Member or any tenant, guest, licensee or invitee of any Member for any period during which any assessment remains unpaid, and for any period, not to exceed sixty (60) days, for any infraction of its published rules and regulations. Any such suspension for either non-payment of any assessment or breach of any rules and regulations of the Sub-Association shall not constitute a waiver or discharge of the Member's obligation to pay the assessment. The Sub-Association shall not suspend the right to use any roads belonging to the Sub-Association, subject, however, to the rules and regulations of the Sub-Association for such use. The Sub-Association may not suspend any rights and easements reserved herein to the Developer. This Sub-Association shall not promulgate any rule or regulation not directly affecting the health, safety and welfare of its members, or which invades the privacy of the Owners or the free and unfettered use and enjoyment of their Unit.
3. The right of the Developer or the Sub-Association to charge reasonable membership, admission, and other fees for the use of the Recreational Facilities, if constructed and being maintained and operated by the Sub-Association.
4. The Board of Directors of the Sub-Association shall have the power to place any reasonable restrictions upon the use of any roadways owned by the Sub-Association including, but not limited to, the maximum and minimum speeds of vehicles using said roads, maximum weight restrictions, all other necessary traffic and parking regulations, and the maximum noise levels of vehicles using said roads. The fact that such restrictions on the use of such roads shall be more restrictive than the laws of the state or any local government having jurisdiction over the Properties shall not make such restrictions unreasonable. This provision shall not apply to public ways under the jurisdiction of Palm Beach County, or its successors.
5. The right and power of the Developer to give, dedicate or sell all or any of its rights or all or any part of the Common Property, roadways, or other rights of way to the Sub-Association or to any public or private agency, authority, or utility for such purposes and subject to such conditions as it may determine. If the Developer transfers any such rights and powers to the Association, or no longer controls the Sub-Association, the Sub-Association may exercise any such remaining rights and powers so acquired by it. No such gift or sale or determination by the Association of such. purposes or conditions shall. be effective unless the same shall be authorized by the affirmative vote of three-fourths (3/4ths) of the votes cast at a duly called meeting of the Members of the Sub-Association. Written notice of such meeting and of the proposed action to be taken shall be sent at least thirty days prior to such meeting to every Member entitled to vote or to his Voting Representative. A true copy of the resolution of gift, dedication or sale together with a certificate of the results of the vote taken thereon shall be made and acknowledged by the President or Vice-President and Secretary or Assistant Secretary of the Sub-Association. Such certificate shall be annexed to any instrument of dedication or transfer affecting the said property, prior to the recording thereof. Such certificate shall be conclusive evidence of authorization by the Members.
6. Such reasonable rules and regulations for the use and enjoyment of the rights granted by the easements as may be promulgated by the Developer or by the Sub-Association from time to time.

Section 9. Further Restrictions.
Nothing other than storm water may be discharged into any lake, canal, or other body of water located within or adjacent to the Properties. Any permanent device through which water is drawn from any lake, canal, or other body of water onto or within any of the Properties shall be subject to the prior written approval of the Architectural Review Committee as herein below established.