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notice will describe the violation and the action required to correct it. If within twenty (20) days of notice delivery the violation has not been corrected and arrangements acceptable to the MCWD have not been made,without further notice the MCWD may take steps it deems reasonable to correct the violation, and may have access to the property during reasonable times for that purpose. Provided,that the MCWD will give 24 hours' notice before entry and exercise due care to avoid unnecessary disturbance or damage to the property. If the MCWD finds that entry is required to address an occurring or imminent threat to water resources, it may enter and correct without prior hearing or opportunity to cure, but only to the extent reasonably necessary to address the threat. c. The MCWD may invoice Permittee for reasonable costs incurred for activity under paragraph 3b. If payment is not made within 30 days,the MCWD may transfer funds from the escrow account into MCWD accounts and credit Permittee accordingly. 4. Permittee represents unconditionally that all escrow funds submitted hereunder are funds of Permittee. All obligations of the MCWD under this Agreement in holding and using the escrow funds are to Permittee only. Nothing in this Agreement creates any right in any third party as against the MCWD or in any way waives or abridges any immunity,defense or liability limit of the MCWD. Permittee will not assign or purport to assign any interest in the escrow funds or this Agreement to any third party. 5.Nothing in this Agreement affects Permittee's legal right, if any,to appeal a finding of violation or seek a legal determination of the purposes to which the MCWD may use the escrow funds. 6.The Permittee agrees that, should the escrow funds submitted hereunder remain unclaimed by the Permittee or his successor in interest so as to become"abandoned property"as that term is defined in Minnesota Law,the District may assess a service charge from the unclaimed assets to cover costs of attempting to locate the Permittee or his successor in interest and, if necessary, reporting and paying the unclaimed funds as required by law. 7. This Agreement is effective on the signature of the parties and terminates when the District releases the escrow or declares the Agreement null and void under paragraph 1,above. The Agreement may be amended only in a writing signed by the parties. An increase or decrease in the amount of escrow funds held by the MCWD for permit 12-016 does not constitute an amendment. 8.Notice to Permittee under this Agreement is effective when sent by certified mail to Permittee's address as stated in the permit application or such other address as Permittee subsequently has notified the MCWD in writing. The law of the State of Minnesota will govern any legal proceeding concerning this Agreement. Venue for any such proceeding will be in the county where the real property that is the subject of this Agreement is located. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 9-11 2