SilverCreek II

Public Records of

35' St. Johns County, FL
Prepared by and Return to: Clerk # 200701 3710,
JuIington Creek Plantation O.R. 2874 PG 380-398

(/B Property Owners' Association, Inc. 02/28/2007 at 11 :42 AM,
C/O May Management Services, Inc. REC. $77.00 SUR. $86.00

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.

(Silver Creek, Phase 11)
(Parcel 44 1B)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the
"Amended and Restated S~~pplemental day of l%r~o,r

Declaration") is made this g&
2003, by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation, authorized to 4 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. Johns County Resolution No.
93-159, as amended in St. Johns County Resolution 97-25, all as further amended fiom 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 Off~cial 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 Julington Partners Limited
Partnership pursuant to that certain Assignment of Developer's Rights recorded in Official
Records Book 1177, page 1186 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 Off~cial
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 1396, Page 1011 of the
public records of St. Johns County, Florida (the "Supplemental Declaration"). A legal

description of such property is attached hereto as Exhibit "1" and referred to herein as "Silver
Creek, Phase 11".

D. Pwsuant to Article VII of the Amended Declaration, Developer may amend the
Amended Declaration at any time prior to tunlover of col~trol 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 wl~ich a quorum was preseilt, the
Developer and the committee comprised of Owners established to review and approve such
requirements and restrictions agreed to anend the use and maintenance requirements and
restrictions as contained herein. Developer has amended tlle Amended Declaration as provided
herein as to Silver Creek, Phase I1 to provide for the agreed upon use and maintenance
requireinents and restrictions in the interest of the owners or Living Units within Silver Creek,
Phase I1 and to protect and preserve the values of Silver Creek, Phase 11.
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 Silver Creek, Phase I1 shall be held, occ~~pied,
sold, conveyed, leased, mortgaged, and otherwise dealt wit11 s~~bject

to the easements, covenants,
conditions, restrictions, and resesvations set forth in the Amended Declaration and as set forth in
this Amended and Restated Supplemental Declaration. All such easements, covenants,
conditions, restrictions and resesvations shall run with title to Silver Creek, Phase I1 and shall be
binding upon all persons having and/or acquiring any right, title, or interest in Silver Creek,
Phase I1 or any portion thereof, unless othenvise indicated herein, and shall inure to the benefit
of each and every person, from time to time, owning or holding an interest in Silver Creek, Phase
I1 or any portion thereof and Silver Creek, Phase I1 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 fort11 in the Amended Declaration unless othenvise indicated herein.

In accordance with the provisions of Section 5 of Article I1 of the Amended Declaration,
the Lots and Owners of Lots within Silver Creek, Phase I1 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 Silver Creek,
Phase I1 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. No Lot shall be re-
subdivided into building lots having a square footage of less than that set forth herein.
2. Building Square Fo