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Declaration shall control. As between the Bylaws and the Rules and Regulations, the <br />Bylaws shall control. <br />13.5 Duration of Covenants. The easements created pursuant to this Declaration shall be <br />perpetual and shall survive the termination of this Declaration. Any provision of this <br />Declaration expressly benefiting the City, the County, or any other governmental or <br />quasi -governmental entity, shall be perpetual unless and until waived in writing by that <br />entity. All other covenants, conditions, restrictions and reservations created by this <br />Declaration shall continue for a term of thirty (30) years from the date of this Declaration, <br />after which time the same shall expire except to the extent preserved in a duly recorded <br />instrument, signed by the Owners of at least a majority of the Lots, agreeing to extend the <br />during of this Declaration. <br />13.6 Binding Effect. The covenants, conditions, restrictions and easements in this <br />Declarations shall run with and bind the Property and shall inure to the benefit of and be <br />enforceable by and against the Owner of each Lot, and their respective legal <br />representatives, heirs, successors and assigns. <br />13.7 Amendment. This Declaration may be amended by an instrument executed solely by <br />Declarant until Declarant sells all of the Lots, and thereafter may be amended by all <br />instrument executed by Owners of at least seventy-five percent (75%) of the Lots; <br />provided, however, that Section 10.5 may not be amended without the express written <br />consent of the Owner of each of the Lots; and no part of the Property may be deprived of <br />any easement granted pursuant to this Declaration, if any, without the written consent of <br />each Owner and lienholder of that part of the Property. <br />13.8 Outlot A. Notwithstanding anything in this Declaration to the contrary, the land legally <br />described as Outlot A, Kintyre Preserve, Hennepin County, Minnesota ("Outlot A") shall <br />not be bound by or subject to this Declaration, provided that the owner(s) of Outlot A and <br />such owner(s) guests, agents, invitees, successors, and assigns shall have the right to use <br />those easements described in Section 3 above that are in the favor of an Owner, and <br />provided further that the owner(s) of Outlot A may connect any roadway or driveway <br />with the roadways located on the Property, and may construct all necessary <br />improvements needed to make such a connection, provided that all such modifications <br />shall be made at the sole cost and expense of the owner(s) of Outlot A. Notwithstanding <br />the foregoing, the owner(s) of Outlot A may elect to "opt into" this Declaration and make <br />Outlot A subject to all terms and conditions of this Declaration by providing notice to the <br />Owners of its election to do so and by recording a copy of such election with County <br />Recorder for Hennepin County, Minnesota. Upon satisfying such conditions, Outlot A <br />shall be deemed a portion of the Property, and each separate legal lot that forms a part of <br />Outlot A shall be deemed a "Lot" hereunder. For purposes of calculating the owner(s) of <br />Outlot A's proportionate share of Common Expenses, each owner that makes up a <br />portion of Outlot A shall be deemed an Owner as of the date of the recording of the <br />notice that elects to opt into this Declaration. <br />[Remainder of Page Left Blank; Signature Page Follows] <br />19 <br />188927v1 <br />