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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 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. <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 ½ 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 />shall be responsible for ½ of the costs associated with the same. Upon <br />submission of an invoice showing the total spent by ORFD or any amounts <br />DocuSign Envelope ID: 2BF7F51E-7AD2-4804-B161-7D1A89DDFFA1