THIS AMENDED AND RESTATED DECLARATION OF RESTRICTIVE COVENANTS FOR OAKSHORE PARK is made as of the ______ day of _________________, 2007 by the undersigned owners of lots in the plat of "Oakshore Park", which plat includes a number of single family lots in the City of Hugo, Washington County, Minnesota.

RECITALS:

WHEREAS, the undersigned are owners of some or all of the residential lots in the plat of Oakshore Park that are legally described on Exhibit "A" attached hereto (which legally described lots shall be defined herein collectively, as the "Benefited Lots");

WHEREAS, the Benefited Lots are subject to, and benefited by, that certain Restrictive Covenants and Designation of Common Areas and Use Thereof that is dated December 4, 1967 and that was recorded in the Office of the County Recorder in and for Washington County, Minnesota on December 5, 1967 in Book 299 of Deeds on page 642 (the "Existing Declaration");

WHEREAS, the Existing Declaration establishes certain common areas that comprise approximately ten (10) acres and that are legally described on Exhibit "B" attached hereto (collectively, the "Common Horse and Recreational Area");

WHEREAS, the Existing Declaration restricts the use of the Common Horse and Recreation Area to uses solely for the private benefit of the owners of the Benefited Lots;

WHEREAS, a majority of the owners of the Benefited Lots desire to donate title to the Common Horse and Recreational Area to the City of Hugo, Minnesota (the "City") for the development and use thereof as a public park;

WHEREAS, the Existing Declaration provides that it may be amended by a majority of the current owners of the Benefited Lots;

WHEREAS, to facilitate such donation of the Common Horse and Recreation Area to the City and the use thereof as a public park, the undersigned fee owners of the Benefited Lots desire to amend and restate the Existing Declaration by deleting all provisions pertaining to the use of the Common Horse and Recreation Area.

NOW, THEREFORE, in consideration of the foregoing and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby agree to amend and restate the Existing Declaration in its entirety as follows:

1. No structure shall be erected on any lot other than single family dwellings.

2. No single family dwelling shall be allowed to be constructed unless said dwelling meets the restrictions as follows:

A) Twelve hundred (1,200) square foot minimum required on first floor above ground level living space in rambler and split entry type homes.

B) Twelve hundred (1,200) square foot minimum required for the upper two framed floor levels in split entry type homes.

C) Eight hundred (800) square foot minimum required on each level of all two story homes.

3. A) No building shall be located on any lot nearer to the front lot line or nearer to the side street line than forty (40) feet.

B) No building shall be located on any lot nearer than fifteen (15) feet to an interior or side lot line.

C) For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building, on a lot to encroach upon another lot.

4. No single family dwelling shall be constructed, unless said dwelling has at least a two car garage, either attached or detached, specified in the plans for the construction of the home.

5. No lot or lots may be divided, with the sole exception of Lot Seven (7), Block One (1), Oakshore Park, Washington County, Minnesota.

6. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other out building, shall be used on any lot at any time as a residence, either temporarily or permanently; and no structure may be occupied until the exterior is completely finished, and all structures shall be completely finished within nine (9) months after the commencement of the excavation or construction thereof.

7. No construction of nor improvement to any home and/or dwelling, building, or structure shall commence until the Builder or Owner has submitted the following exhibits and has received approval, in writing, of said exhibits by the Architectural Control Committee.

A) Plans and Specifications for the entire home, dwelling, building or structure.

B) A list of all materials and colors to be used on the exterior of the proposed home, dwelling, building or structure.

C) Markings in red on plans which clearly demonstrates any and all trees proposed to be removed for construction or aesthetic purposes.

D) Markings on plans clearly demonstrating the staking of the home, dwelling, building or structure, and the location of same on the lot.

E) A clear, concise and complete description of the type of septic system and well to be located on the proposed building site and markings of same on plan, which demonstrates the location of said septic and well system on the respective lot.

F) Markings on plan clearly demonstrating the location of the garage on the proposed building site and lot.

8. Any soil, sand, gravel, clay, dirt, stones, and rocks excavated from any lot and not used thereon for improving the same, shall be disposed of in locations on the development designated by the Architectural Control Committee.

9. No fuel tank shall be allowed to be stored above the ground.

10. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.

11. Architectural Control Committee. Owners represent and warrant that they shall appoint, by December 15, 1967, an Architectural Control Committee, consisting of five (5) qualified persons to enforce the restrictions of record and retain the general aesthetic nature of Oakshore Park, County of Washington, and State of Minnesota. On or about June 1, 1969, a Homeowners Association shall be formed and as of said latter date, said Homeowners Association shall appoint and/or elect the members to said Architectural Control Committee.

12. Homeowners Association. Owners represent and warrant that a Homeowners Association shall be formed on or about June 1, 1969, said association to function as the governing body relative to the restrictions of record and the enforcement of same in order to preserve the nature and aesthetic value of the neighborhood. Prior to said latter date, the restrictions of record and the rulings of the Architectural Control Committee, shall govern and enforce, if necessary, said restrictions of record.

13. Designation of Common Areas and Use Thereof. Owners hereby grant a common right of usage to all owners and/or said owners' families on the following legally described property, and for the sole uses as hereinafter set forth:

A) Common Recreational and Swimming Area. The following legally described area shall be used for the sole and exclusive recreational and swimming purposes of owners of a lot or lots within Oakshore Park, County of Washington, State of Minnesota:

Lots Five (5) and Six (6), Block One (1), Oakshore Park, County of Washington, State of Minnesota.

The above legal description referring to the common recreational and swimming area shall be deemed to be and hereby is a temporary location of said area and the common right of usage herein granted to owners of property within Oakshore Park, County of Washington, Minnesota, shall be revoked and shall revert to George F. Jungblut and Alice R. Jungblut, his wife, or their successors and assigns, on or about June 1, 1969. On or about said latter date, the following legally described property shall be substituted for the above legally described common recreational and swimming area, and the owners of a lot or lots within Oakshore Park, County of Washington, Minnesota, shall be granted a common right of usage for recreational and swimming purposes in said following legally described property:

The North 200 feet of the South 250 feet of Lot Seven (7), Block One (1), Oakshore Park, Washington County, Minnesota.

No structure of any kind shall be allowed within this legally described common recreational and swimming area unless approval of same has been first acquired from the Architectural Control Committee, in writing.

14. These covenants, both affirmative and restrictive, shall run with the land and shall be binding on all parties and all persons claiming under them, for a period of twenty-five (25) years, unless above excepted, from the date these covenants are recorded, after which time covenants shall be automatically extended for successive periods of ten (10) years, unless a majority of the then owners of a lot or lots within said Oakshore Park, shall agree to change said covenants in whole or in part.

15. Enforcement of these covenants, both affirmative and restrictive, shall be by proceeding that law or inequity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.

16. Invalidation of any one of these covenants by judgment or court order, shall in no wise affect any of the other provisions which shall remain in full force and effect.

17. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purpose, subject, however, to the provision for horses as hereinabove contained.

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