Fourth Amendment for JCP POA Covenants_05092006

GARTNER,BROCKAND SIMON
ATTORNEYSAND COUNSELLORS
DUPONT CENTER
SUITE 203
WINFIELD A. GARTYER* 1660 PRUDENTIAL DRIVE, 32207 TELEPHONE
wgartner@gbslaw.net P.O. BOX 10697.32247-0697 (904) 399-0870
FREDERICK R. BROCK~
gbsbrock@aol.com
BERT C. SIMON*
JACKSONVILLE,FLORIDA TELECOPIER
(904) 399-11 13
bcsirnon@gbslaw.net
DANA L. MARTIN
dmartin@gbslaw.net
FLORIDA BAR CERTIFIED
.REAL ESTATE LAWYER
CIVIL TRIAL LAWYER

March 28,2007

Mr. Richard Curran-Kelley

C/O May Management Services, Inc.

12627 San Jose Boulevard, Suite 50 1
Jacksonville, Florida 32223

Re: Julington Creek Plantation Property Owners' Association, Inc.

Dear Rich:

Enclosed for your records pertaining to the above-referenced association is the original
Fourth Amendment to Amended and Restated Declaration of Covenants and Restrictions of
Julington Creek Plantation.

Thank you for your assistance with this matter. Should you have any questions, please
do not hesitate to contact me.

Sincerely,

Dana L. Martin

/dlm
Enclosures

Public Records of

9' is made this

Prepared by and Return to: St. Johns County, FL
Julington Creek Plantation Clerk # 200701 6864,
Property Owners' Association, Inc. O.R. 2881 PG 1758-1760
C/O May Management Services, Inc. 03/13/2007 at 08:52 AM,

,J ? 12627 San Jose Boulevard, Suite 501 REC. $13.00 SUR. $14.00

i_'Jacksonville, Florida 32223

L?y!-

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

THIS FOURTH AMENDMENT TO AMENDED AND RESTATED
DECLARATION OF COVENANTS AND RESTRICTIONS OF JULINGTON CREEK
PLANTATION PROPERTY OWNERS' ASSOCIATION, INC. (the "Fourth Amendment")

day of May, 2006, by D.R. HORTON, 1NC.-JACKSONVILLE, a Delaware
corporation (the "Developer")

RECITALS

I

WHEREAS, Atlantic Gulf Communities Corporation subjected certain land owned by it
to that certain Amended and Restated Declaration of Covenants and Restrictions of Julington
Creek Plantation Property Owners' Association, Inc. recorded at Official Records Book 1004,
page 1823, of the Public Records of St. Johns County, Florida, as it has been amended and
supplemented (collectively, the "Amended Declaration").

WHEREAS, Atlantic Gulf Communities Corporation assigned its rights as Developer
under the Amended Declaration to Julington Partners Limited Partnership pursuant to that certain
Assignment and Assumption of Developer Rights recorded in Official Records Book 11 77, page
1 186, of the Public Records of St. Johns County, Florida.

WHEREAS, Julington Partners Limited Partnership assigned its rights as Developer
under the Amended Declaration to the Developer pursuant to that certain Assignment and
Assumption of Developer Rights recorded in Official Records Book 1705, page 1368, of the
Public Records of St. Johns County, Florida.

WHEREAS, pursuant to Article VII, Section l(a) of the Amended Declaration, the
Amended Declaration and any Supplemental Declaration thereto may be amended from time to
time by the Developer prior to Turnover.

WHEREAS, Turnover of the Association has not occurred.

WHEREAS, the Developer desires to amend the Declaration as more particularly
described herein.

NOW THEREFORE, in consideration of the premises, the Developer hereby amends
the Declaration as follows:

1. Article VII, Section l(b) is hereby replaced in its entirety and amended to read as
follows:
After Turnover, the Association may amend this Amended Declaration or
any Supplemental Declaration by a two-thirds (213) vote of one-fifth (115) of all
the Members entitled to vote, as more fully set forth in the Articles of
Incorporation; provided, however, no such amendment may be made by the
Association without the written consent of the Developer. Following approval, an
instrument executed by the President and attested to by the Secretary of the
Association shall be recorded in the Public Records of St. Johns County, Florida,
stating that the amendment was approved by a two-thirds (213) vote of one fifth

(115) of all the Members entitled to vote.
2. Article VII, Section l(d) is hereby replaced in its entirety and amended to read as
follows:
Any Supplemental Declaration creating one or more Neighborhood(s), or
any provisions of any Supplemental Declaration affecting only one or more
Neighborhoods, may be amended by the Developer so long as the Developer
owns any portion of the property within the applicable Neighborhood(s), unless
otherwise provided in the Supplemental Declaration. Thereafter, in the event that
a proposal is made to amend a Supplemental Declaration which encumbers only
specific property and does not affect the rights or obligations of Owners not
subject to such Supplemental Declaration, then an amendment to such
Supplemental Declaration shall be made if approved by a two-thirds (213) vote of
one fifth (115) of all of the Owners subject to such Supplemental Declaration.
Upon such approval, the amendment shall be evidenced by recording a certificate
of the Association, executed by the president, setting forth the amendment to the
Supplemental Declaration.

3. This Amendment has been prepared in conjunction with the recommendations,
suggestions and approval of the Board of Directors of Julington Creek Plantation Property
Owners' Association, Inc. and is being executed to facilitate the o