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

ARTICLE VIII

ARCHITECTURAL AND DEVELOPMENTAL CONTROL BY SUB-ASSOCIATION;
AUTONOMY OF THIS SUB-ASSOCIATION.

Section 1. Architectural Review Committee.
There is hereby established a Sun Valley Architectural Review Committee ("SVARC") with the following duties, powers and responsibilities.

1. Initially, the SVARC shall consist of the same three (3) persons designated by the Company to serve on the ARC created by the Master Declaration, who shall hold office at the pleasure of the Developer. The Developer shall determine which member of the SVARC shall serve as its chairman. At such time as Developer no longer owns any property within the Properties or earlier as Developer may decide, the Developer shall assign to the Sub-Association the rights, powers, duties and obligations of the SVARC, whereupon the Board of Directors of the Sub-Association shall appoint the members of the SVARC, shall provide for the terms of the members of the SVARC, shall provide for the terms of the members of the SVARC, and determine which member of the SVARC shall serve as its chairman.
2. The SVARC shall have the right of specific approval or veto of all architectural and landscaping aspects of any improvement, development of individual units or buildings as well as the general plan for development of any individual lot or subdivision, tract or parcel of land within Sun Valley P.U.D. The SVARC may, in its sole discretion, impose standards on said architectural and landscaping aspects and general plans for development which standards are greater or more stringent than standards prescribed in applicable building, zoning or other local governmental codes.
3. No building, sign, outdoor lighting, fence, hedge, wall, walk, dock or other structure or planting shall be constructed, erected, removed, planted or maintained, nor shall any addition to or any change or alteration to such be made until the plans and specifications showing the nature, kind, shape, height, materials, floor plans, color scheme and the location of same shall have been submitted to and approved in writing by the SVARC. As part of the application process, two (2) complete sets of plans and specifications prepared by an architect, landscape architect, engineer or other person found to be qualified by the SVARC shall be submitted for approval by written application on such form as may be provided or required by the SVARC.
4. If the SVARC deems information submitted to it incomplete or insufficient in any manner, it may request and require the submission of additional or supplemental information.
5. The SVARC shall have the right to refuse to approve any plans and specifications which are not suitable or desirable, in its sole discretion, for aesthetic or any other reasons, PROVIDED SUCH APPROVAL IS NOT UNREASONABLY WITHHELD OR DELAYED. In approving or disapproving such plans and applications, the SVARC shall consider the suitability of the proposed building, improvements, structure or landscaping and materials of which the same are to be built, the site upon which it is proposed to be erected, the harmony thereof with the surrounding area and the effect thereof on adjacent or neighboring property.
6. Unless specifically excepted by the SVARC, all improvements for which approval of the SVARC is required under this Sub-Declaration shall be completed within a reasonable time from the date of commencement of said improvements or within the time set by the SVARC in the event that the approval is so conditioned.
7. In the event the SVARC shall fail to approve or disapprove any plans and specifications submitted in final and complete form within thirty (30) days after written request for approval or disapproval is delivered to the SVARC by the Owner, then such approval of the SVARC shall not be required. However, no building or other structure shall be erected or shall be allowed to remain if built in violation of this Sub-Declaration, or which violates any applicable zoning or building ordinance or regulation.
8. There is specifically reserved unto the SVARC, the right of entry and inspection upon any of the Properties. Such inspection shall be to determine whether any improvement violates the terms of any approval by the SVARC, the terms of this Sub-Declaration, or any Supplemental Declaration or any covenant, condition, or restriction to which its deed or other instrument of conveyance makes reference. The SVARC is specifically empowered, acting in the name of the Sub-Association, to enforce the provisions of this Sub-Declaration and all Supplemental Declarations by any legal or equitable remedy. In the event it becomes necessary to resort to litigation to determine the propriety of any constructed improvement, or to remove any unapproved improvements, the Sub-Association shall be entitled to recovery of all court costs, expenses and reasonable attorneys' fees in connection therewith. The Sub-Association shall indemnify and hold harmless the SVARC and each of its members from all costs, expenses and liabilities including attorneys' fees incurred by virtue of any member of the SVARC's service as a member of the SVARC. All costs expenses, and attorneys' fees of the SVARC, including those incurred in connection with its enforcement or powers provided herein, shall be borne by the Sub-Association. Nothing herein shall be deemed to negate the Sub-Association's right to an award of its and the SVARC's reasonable attorneys' fees and costs if it is the prevailing party in any administrative or judicial proceeding.
9. The SVARC is empowered to publish or modify from time to time, design and development standards for the Properties.
10. Wherever the written consent of the SVARC shall be required, the chairman of the SVARC shall be authorized to execute and acknowledge instruments manifesting said consent, after approval by the SVARC.

Section 2. Approval of Supplemental Sub-Declarations.
No Supplemental Sub-Declaration may be recorded in the Public Records of Palm Beach County by any person, nor shall same have any legal or equitable effect or validity, unless it has been approved as provided in this section. Such approval shall be evidenced by the affixing of a certificate of approval or consent executed by the holder of the right of approval as provided below to the Supplemental Sub-Declaration and the recording of said certificate with the Supplemental Sub-Declaration in the Public Records of Palm Beach County.

1. The right of approval provided in this section shall be held by the Developer for as long as the Developer owns any portion of the Properties or until the Developer surrenders its right of approval to the Sub-Association. Thereafter, the Sub-Association, acting through the SVARC, shall hold the said right of approval.
2. No person may attempt to avoid the requirement of approval set forth in this section by including "deed restrictions" or conditions in any deed or instrument of conveyance and all such attempted restrictions and conditions, unless approved as herein provided, are hereby declared null and void.
3. The purpose of the provisions of this section is to ensure that the Properties are developed through a uniform plan of development. The provisions of this section shall apply to all persons owning any of the Properties, including but not limited to developers and builders acquiring title from the Developer.
4. Any Supplemental Declaration shall not deem the Developer, the SVARC or the Sub-Association to be the developer of the property encumbered thereby. The Developer, SVARC and the Sub-Association shall incur no liability to any person for withholding approval or consent to time recording of any Supplemental Declaration.

Section 3. Autonomous Control.
This Sub-Association shall operate autonomously and the Properties shall be deemed released from all other covenants and restrictions contained in the Master Declaration, including any rights of the Master Association to make and collect assessments and to impose liens to secure them other than assessments and liens for Required Services (see Article IV, Section 1) with respect to Common Property. Such autonomy" and release shall terminate upon the failure of the Sub-Association (or its members) to cure any violation of any governmental requirement within the time (if any) permitted by such agency, in which latter event the Master Association shall exercise its original plenary powers. The Company and the Master Association have joined in the execution of this Sub-Declaration to evidence their respective approval and consent hereto.