SilverCreek I

Public Records of
St. Johns County, FL

Prepared by and Return to: Clerk # 200701 3709,
Julington Creek Plantation O.R. 2874 PG 361-379
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
AMENDEDANDRESTATED
DECLAFUTION OF COVENANTS AND RESTRICTIONS
OF JULINGTON CREEK PLANTATION PROPERTY
OWNERS ASSOCIATION, INC.

(Silver Creek, Phase I)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the

"Amended and Restated S~lppleinental Declaration") is made this day of J&>hrW
2007, by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation, authorized tg
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 Eully 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 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
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 Partnershp 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 133 1, Page 1004 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 refelred to herein as "Silver
Creek, Phase I".

D. Pmsuant to Article VII of the Amended Declaration, Developer may amend the
Amended Declaration at any time prior to hunover of control of tlle Association. Prior to
transfer of control of the Association, at a duly called and conducted special meeting of the
Board of Directors of tlle Association held on May 3, 2006 at wl~icl~
a quorum 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 Silver 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 Silver Creek,
Phase I and to protect and preserve the values of Silver 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 Silver Creek, Phase I shall be held, occupied, sold,
conveyed, leased, mortgaged, and otherwise dealt with subject to the easements, covenants,
conditions, restrictions, and reservations set forth in the Amended Declaration and as set forth in
ths Amended and Restated Supplemental Declaration. All such easements, covenants,
conditions, restrictions and reservations shall rwl with title to Silver Creek, Phase I and shall be
binding upon all persons having and/or acquiring any right, title, or interest in Silver Creek,
Phase I or any portion thereof, unless otherwise 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 I
or any portion thereof and Silver Creek, Phase I shall be deemed to be "Property" as such tern is
defined in the Amended Declaration. All capitalized terms herein shall have the same meaning
as set forth 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 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 Silver Creek -
Phase I and hereinafter referred to as "Lots") shall be improved with a single family residence
and no principal building shall be constsucted 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 squar