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maintenance. The Grantor's remedy provided in this paragraph shall be in addition to any other rights and remedies the Grantor may have at law or in equity. If any maintenance, repair, or replacement needs immediate correction as a result of a public safety or health hazard, as reasonably determined by the Director of Community Development or his or her designee, and such maintenance is not performed, or cannot be performed, by the Grantee within twenty-four(24) hours of receipt of such written notice thereof, which notice may be sent by facsimile or electronic mail, the Grantor may perform or cause to be performed such maintenance at the Grantee's expense,and the Grantee,within ten(10)business days of written demand by the Grantor, shall pay to the Grantor all reasonable expenses incurred by the Grantor in the performance of such maintenance. 8. Duration. This Easement and Maintenance Agreement shall be a covenant which is to run with the land as to the Dominant Tenement for the duration of the Project and shall inure to the benefit of and be binding upon the transferees, successors, and assigns of the Grantor and the Grantee and shall be recorded in the Office of the Recorder of the County. Grantee may apply to modify or terminate this Easement and Maintenance Agreement by written request to the Grantor. Any Grantor approved modification or termination shall not be effective until approved in writing by the Grantor and recorded in the Office of the Recorder of the County. The foregoing notwithstanding, no individual owner of any portion of the Dominant Tenement shall have any personal liability under this Easement and Maintenance Agreement. 9. Assignment and Assumption. Grantee shall form the Association. No later than the close of escrow for the conveyance of a Lot in the Project to an individual homebuyer. Grantee shall assign all its rights, easements and obligations under this Easement and Maintenance Agreement to the Association, and the Association shall assume such rights, easements and obligations (collectively "Assignment"). Such Assignment shall be evidenced by an instrument executed and acknowledged by the Grantee and the president and secretary of the Association and recorded in the Official Records of the County. Upon recordation of such Assignment, the Association shall be deemed the "Grantee" for all purposes under this Easement and Maintenance Agreement, and the original Grantee shall be relieved of any further obligations under this Agreement. 10. No Third-Party Rights. Nothing within the provisions of this Easement and Maintenance Agreement is intended to create duties or obligations to or rights in third parties not parties to this Easement and Maintenance Agreement, or to affect the legal liability of either the Grantee or Grantor by imposing any standard of care respecting the design, construction and maintenance different from the standard of care imposed by law. 11. Attorneys' Fees. If the Grantor or Grantee is required to commence an action to enforce any of the provisions of this Easement and Maintenance Agreement, the prevailing party shall be entitled to recover attorneys' fees, court costs, and other costs incurred (including staff time of Grantor required to enforce this Easement and Maintenance Agreement.) 12. Venue. The venue for any action to interpret or enforce this Grantor Maintenance Agreement shall be the appropriate court in Alameda County, California. 13. Exhibits. The exhibits attached to this Easement and Maintenance Agreement are 6