Fox Creek I

Public Records of
St. Johns County, FL
Clerk # 200701 3688,

Prepared by and Return to: O.R. 2873 PG 1952-1 969
Julington Creek Plantation 02/28/2007 at 11:42 AM,
Property Owners' Association, Inc. REC. $73.00 SUR. $81.50
C/OMay Management Services, Inc.
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.

(Fox Creek, Phase I)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the
"Amended and Restated Supplemental Declaration") is made this 30% day of Fp,br
200L by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation, authorized to
do business in Florida ("Developer").

RECITALS:

A. Developer is the developer of a planned community located in St. Johns County
commonly referred to as "Julington Creek Plantation" which is more fully described in that
certain St. Johns County Resolution No. 82-37, as amended by St. Joluls County Resolution No.
93-1 59, as amended in St. Jolms 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 Restrictions
of Julington Creek Plantation Property Owners' Association, Inc. recorded in Official Records
Boolc 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 Julington 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. Johns 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 1168, Page 1462 of the
public records of St. Johns County, Florida (the "Supplemental Declaration"). A legal

description of such propei-ty is attached hereto as Exhibit "1" and referred to herein as "Fox
Creek, Phase I".

D. Pursuant to Article VJI of the Amended Declaration, Developer may amend the
Amended Declaration at any time prior to turnover 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 quoium was present, the
Developer and the committee 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 Amended Declaration as provided
herein as to Fox Creek, Phase I to provide for the agreed upon use and maintenance requirements
and restrictions in the interest of the owners or Living Units within Fox Creek, Phase I and to
protect and preserve the values of Fox Creek, Phase I.
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 Fox Creek, Phase I shall be held, occupied, sold,
conveyed, leased, moi-tgaged, and otherwise dealt with subject to the easements, covenants,
conditions, restrictions, and reservations set forth in the Amended 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 Fox Creek, Phase I and shall be
binding upon all persons having and/or acquiring any right, title, or interest in Fox Creek, Phase I
or any portion thereof, unless otherwise indicated herein, and shall inure to the benefit of each
and every person, fioin tiine to tiine, owning or holding an interest in Fox Creek, Phase I or any
portion thereof and Fox Creek, Phase I shall be deemed to be "Property" as such teim is defined
in the Amended Declaration. All capitalized tenns 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 Fox Creek, Phase I shall be subject to the following tenns,
conditions, covenants, and restrictions:

1. Residential Lots. All Lots in all blocks (as depicted on the plat of Fox Creek,
Phase I and hereinafter referred to as "Lots") shall be improved with 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, however finished
attic space shall not count against this height limitation. 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 Ro