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4 <br /> Further, under the terms of the Development Agreement, ORFD and Orange County would <br /> jointly cause the construction of a building on the site. The amounts of contribution from <br /> each depended upon the type of activity involved. Design Fees and site preparation were to <br /> be shared on a 50/50 basis, while when it comes to actual building construction, ORFD was <br /> to pay 58% and Orange County 42%. These percentages are based upon the percentage of <br /> square footage each would occupy. (See Article IV of Development Agreement) The total <br /> County Expenditures as of -are and those of ORFD are <br /> for a total expenditure of as of <br /> IV. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE <br /> PARTIES THAT: <br /> 1.) Action Items: <br /> a. Amend Development Agreement to contemplate tenancy in common <br /> in lieu of condominium; <br /> b. Adopt a Tenancy in Common Agreement consistent with this MOU; <br /> c. Convey land from ORFD to County and ORFD in 58%/42% shares. <br /> 2.) County shall have unlimited access to that portion of the building shown on <br /> those sections marked on Exhibit 1 denoted as "Orange County EMS." <br /> 3.) ORFD shall have unlimited access to that portion of the building shown on <br /> those sections marked on Exhibit 1 denoted as "ORFD." <br /> 4.) Both County and ORFD shall have unlimited joint access to that portion <br /> known as the "bay area" along with the weight room area and grilling area <br /> marked on Exhibit 1. <br /> 5.) The parties acknowledge that the "bay area" is divided in half by a concrete <br /> pour line, which splits the bay area in half. Notwithstanding the provisions of <br /> the preceding paragraph each parry shall have the right of first refusal to use <br /> that half of the bay closest to its respective building access, that half being <br /> determined by the pour line. <br /> 6.) Both County and ORFD shall be responsible for any utilities associated with <br /> its respective areas. <br /> 7.) The cost for utilities for the area designed as the "bay area" shall be billed as <br /> metered. <br /> 8.) Maintenance of the exterior of the building, including any landscaping, <br /> remedial work, repairs, warranty work, or any work whatsoever, shall be the <br /> responsibility of ORFD who shall have sole control and discretion and in the <br /> work to be performed and costs of the same Each party shall be responsible <br /> for'/2 of the costs associated with the same. Upon submission of an invoice <br /> showing the total spent by ORFD for any amounts incurred under this section, <br /> County, shall submit to ORFD, a check for reimbursement for the same <br /> within 30 days after presentation. <br /> 9.) Maintenance of the bay area of the building, shall be the responsibility of <br /> each party with regard to each party's half of the bay area. To the extent that <br /> maintenance is required or appropriate for the entire bay area (for example, <br /> resealing the entire floor), ORFD shall perform this maintenance and each party <br />