Bay Berry I

Public Records of
St. Johns County, FL

Prepared by and Return to: Clerk # 200701 3676,
Julington Creek Plantation O.R. 2873 PG 1730-1747
Property Ownersy Association, Inc. 02/28/2007 at II:42 AM,
c/o May Management Services, Inc. REC. $73.00 SUR. $81.50
12627 San Jose Boulevard, Suite 501
Jacksonville, Florida 32223

AMENDED AND RESTATED
SUPPLEMENTAL DECLARATION TO
AMENDED AND RESTATED
DECLARATION OF COVENANTS AND RESTRICTIONS
OF JULINGTON CREEK PLANTATION PROPERTY
OWNERS ASSOCIATION, INC.

(Bayberry)
(Phase I)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the
"Amended and Restated Supplemental Declaration") is made this 306day of &hrUm,
200y, by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation, authorized to '3
do business in Florida ("Developer").

RECITALS:

A. Developer is the developer of a planned community located in St. Johns County
cominoilly referred to as "Julington Creek Plantation" which is more fully described in that
certain St. Johns County Resolutioil No. 82-37, as amended by St. Johns County Resolution No.
93-159, as amended in St. Johns County Resolution 97-25, all as further amended from time to
time ("Development Order").
B. Pursuant to that Amended and Restated Declaration of Covenants and Restrictioils
of Julington Creek Plantation Property Owners7 Association, Inc. recorded in Official Records
Book 1004, page 1823 of the Public Records of St. Johns County, Florida, as such has been
amended and supplemented (collectively the "Amended Declaration"), Atlantic Gulf
Communities Corporation subjected certain property described therein to the covenants,
conditions and restrictions in the Amended Declaration. Atlantic Gulf Communities Corporation
assigned its rights as developer under the Amended Declaration to Julingtoil Partners Limited
Partnership pursuant to that certain Assignment of Developer's Rights recorded in Official
Records Book 1 177, page 1 186 of the public records of St. Jolms County, Florida. Julington
Partners Limited Partnership assigned its rights as developer under the Amended Declaration to
Developer pursuant to that certain Assignment of Developer's Rights recorded in Official
Records Book 1705, page 1368 of the public records of St. Johns County, Florida.
C. Pursuant to the provisions of Article I1 of the Amended Declaration, Developer
subjected additional lands owned by it to the terms and conditions of the Amended Declaration
by recording a Supplemental Declaration in Official Records Book 1098, Page 1437 of the

public records of St. Jolms County, Florida (the "Supplemental Declaration"). A legal
description of such property is attached hereto as Exhibit "1" and referred to herein as
"Bayberry, Phase I".

D. Pursuant to Article VII of the Amended Declaration, Developer may amend the
Ainended Declaration at any tiine prior to tui-nover of control of the Association. Prior to
transfer of control of the Association, at a duly called and conducted special meeting of the
Board of Directors of the Association held on May 3, 2006 at which a quoi-um was present, the
Developer and the cominittee comprised of Owners established to review and approve such
requirements and restrictions agreed to amend the use and maintenance requirements and
restrictions as contained herein. Developer has amended the Ainended Declaration as provided
herein as to Bayberry, Phase I to provide for the agreed upon use and maintenance requirements
and restrictions in the interest of the owners or Living Units within Bayberry, Phase I and to
protect and preserve the values of Bayberry, Phase 1.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the Developer hereby amends and restates the Supplemental Declaration as
provided herein. The Developer declares that Bayberry, Phase I shall be held, occupied, sold,
conveyed, leased, mortgaged, and otherwise dealt wit11 subject to the easements, covenants,
conditions, restrictions, and reservations set forth in the Ainended Declaration and as set forth in
this Amended and Restated Supplemental Declaration. All such easements, covenants,
conditions, restrictions and reservations shall run with title to Baybeiry, Phase I and shall be
binding upon all persons having and/or acquiring any right, title, or interest in Bayberry, Phase I
or any poi-tion thereof, unless otherwise indicated herein, and shall inure to the benefit of each
and every person, from time to tiine, owning 01-holding an interest in Baybeny, Phase I or any
poi-tion thereof and Bayberry, Pl~ase I shall be deemed to be "Property" as such term is defined in
the Amended Declaration. All capitalized terms herein shall have the same meaning as set forth
in the Amended Declaration unless otherwise indicated herein.

In accordance with the provisions of Section 5 of Article I1 of the Amended Declaration,
the Lots and Owners of Lots within Bayberry, Phase I shall be subject to the following terms,
conditions, covenants, and restrictions:

1. Residential Lots. All Lots in all blocks (as depicted on the plat of Bayberry,
Phase 1 and hereinafter referred to as "Lots") shall be improved wit11 a single family residence
and no principal building shall be constructed or erected on any Lot other than one detached
single family dwelling ("Living Unit") not to exceed two (2) stories in height. No Lot shall be
re-subdivided into building lots having a square footage of less than that set forth herein.
2. Building Square Footage, Setback and Roof Pitch Requirements. The
minimum square footage requirements and the buil