Summer Chase

Public Records of
St. Johns County, FL

Prepared by and Return to: Clerk # 200701 371 4,
Julington Creek Plantation O.R. 2874 PG 456-473
Property Owners' Association, Inc. 02/28/2007 at 1 1 :42 AM,
c/o May Management Services, Inc. REC. $73.00 SUR. $81.50
12629 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.

(Summerchase)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the
"Amended and Restated Supplemental Declaration") is made this aO-& day of &,bru

-

2003, 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. Jolms County Resolution No. 82-37, as amended by St. Johns County Resolution No.
93-159, as amended in St. Jolms County Resolution 97-25, all as further amended fi-om 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 11 86 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 1022, Page 178 of the public

records of St. Jolms County, Florida (the "Suppleme~~tal Declaration"). A legal description of
such property is attached hereto as Exhibit "1" and referred to herein as "SuininerChase".

D. Pursuant to Article VII of the Amended Declaration, Developer inay amend the
Amended Declaration at any time prior to tul-nover of coiltrol of the Association. Prior to
transfer of coiltrol 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 quorum was present, the
Developer and the coininittee comprised of Owilers established to review and approve such
requirements and restrictions agreed to amend the use and maintellance requirements and
restrictions as contained herein. Developer has amended the Amended Declaration as provided
herein as to SuinmerCl~ase to provide for the agreed upon use and maintenance requirements and
restrictions in the interest of the owners or Living Units within SutninerChase and to protect and
preserve the values of SuminerChase.
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 SuininerChase shall be held, occupied, sold,
conveyed, leased, mortgaged, and otl~erwise dealt with subject to the easements, covel~ants,
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 rese~vatioils shall iun with title to SummerChase and shall be binding
upon all persons having and/or acquiring any right, title, or interest in SummerChase 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 SummerCl~ase or any portion
thereof and SuminerChase 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 SummerChase 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 SummerChase
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 Footage, Setback and Roof Pitch Requirements. The
minimum square footage requirements and the building setback and roof pitch requirements for
all impro