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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 50150 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 party 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 V2 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 />